Court filing
Stipulated Protective Order — United States v. Visa Inc. and Plaid Inc. (Dkt. 49, N.D. Cal. No. 4:20-cv-07810)
Filed November 25, 2020 in US Visa Plaid; one of 58 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of California |
|---|---|
| Filed | 2020-11-25 |
U.S. District Court for the Northern District of California · No. 4:20-cv-07810-JSW · Doc. 49 · 2020-11-25 · Docket on CourtListener
Full text
-1-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOHN R. READ (DC Bar #419373)
john.read@usdoj.gov
MEAGAN BELLSHAW (CA Bar #257875)
meagan.bellshaw@usdoj.gov
CORY BRADER LEUCHTEN (NY Bar # 5118732)
cory.leuchten@usdoj.gov
BENNETT J. MATELSON (DC Bar #454551)
bennett.matelson@usdoj.gov
United States Department of Justice, Antitrust Division
450 Fifth Street, NW, Suite 4000
Washington, DC 20530
Telephone: (202) 307-0468
Facsimile: (202) 514-7308
Attorneys for Plaintiff United States of America
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
UNITED STATES OF AMERICA,
Plaintiff
v.
VISA INC. and PLAID INC.,
Defendants.
Case No.: 4:20-cv-07810-JSW
JOINT STIPULATION AND
PROTECTIVE ORDER
JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER
In the interests of (i) ensuring efficient and prompt resolution of this Action; (ii)
facilitating discovery by the Parties litigating this Action; and (iii) protecting confidential
information from improper disclosure or use, the Parties stipulate to the provisions set forth
below. The Court, upon good cause shown and pursuant to Fed. R. Civ. P. 26(c)(1), ORDERS
as follows:
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 1 of 18
-2-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A.
Definitions
1. As used herein:
(a) “Action” means the above-captioned action pending in this Court, including any
related discovery, pretrial, trial, post-trial, or appellate proceedings.
(b) “Confidential Information” means any trade secret or other confidential research,
development, or commercial information, as such terms are used in Fed. R. Civ. P. 26(c)(1)(G),
or any document, transcript, or other material containing such information that has not been
published or otherwise made publicly available.
(c) “Highly Confidential Information” means any Confidential Information which the
Protected Person reasonably believes to be so competitively sensitive that it is entitled to
extraordinary protections.
(d) “Disclosed” means shown, divulged, revealed, produced, described, transmitted or
otherwise communicated, in whole or in part.
(e) “Document” means any document or electronically stored information, as the term is
used in Fed. R. Civ. P. 34(a).
(f) “Investigation” means the pre-Complaint inquiry into the matters at issue in this
Action by the U.S. Department of Justice.
(g) “Investigation Materials” means non-privileged documents, including but not
limited to data, declarations, affidavits, statements, testimony, business records, emails or other
communications, electronically stored information or other materials (including drafts), that (i)
any non-Party provided to any Party, either voluntarily or under compulsory process relating to
the Investigation; (ii) any Party provided to any non-Party relating to the Investigation; or (iii)
any Defendant, or affiliated person or entity provided to Plaintiff relating to the Investigation.
(h) “Litigation Materials” means non-privileged documents, testimony, or other
materials that (i) any non-Party provides to any Party either voluntarily or under compulsory
process in connection with and during the pendency of this Action; (ii) constitute any
communication between any Party and any non-Party in connection with and during the
pendency of this Action; (iii) any Defendant provides to Plaintiff in connection with and during
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 2 of 18
-3-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the pendency of this Action; and/or (iv) Plaintiff provides to any Defendant in connection with
and during the pendency of this Action.
(i) “Outside Counsel of Record” means the firm(s) of attorneys representing a
Defendant in this proceeding.
(j) “Party” means the United States or any Defendant in this Action. “Parties” means
collectively Plaintiff and Defendants in this Action.
(k) “Person” means any natural person, corporate entity, partnership, association, joint
venture, governmental entity, or trust.
(l) “Protected Person” means any Person (including a Party) that has provided
Investigation Materials or that provides Litigation Materials.
B.
Designation of Confidential Information
2. Within two business days of the Court’s entry of this Order, each Party shall send by
email, facsimile, or overnight delivery a copy of this Order to each non-Party Protected Person
(or, if represented by counsel, the non-Party Protected Person’s counsel) that provided
Investigation Materials to that Party.
3. If a non-Party Protected Person determines that this Order does not adequately
protect its Confidential or Highly Confidential Information, it may, within 10 days after receipt
of a copy of this Order, seek additional protection from the Court for its Confidential
Information or Highly Confidential Information by filing a motion seeking additional protection
for its Confidential or Highly Confidential Information. If a non-Party Protected Person seeks
additional protection from the Court, the Investigation Materials for which additional protection
has been sought will not be provided to any other Person until the Protected Party and Parties
have agreed or the Court has ruled on the Protected Person’s motion.
4. DESIGNATION OF INVESTIGATION MATERIALS. Investigation Materials
submitted by a Protected Person, or any other materials that are entitled to confidentiality under
the Antitrust Civil Process Act, 15 U.S.C. § 1313(c) (3), or the Hart-Scott-Rodino Antitrust
Improvements Act, 15 U.S.C. § 18a(h), shall be treated in the first instance as Highly
Confidential Information under this Order during pretrial proceedings. Such material may be
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 3 of 18
-4-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
disclosed only in accordance with the procedures set forth in this Order. The confidentiality of
such materials may be later challenged under the provisions of Section C below. This Order
does not require any Party to stamp or otherwise mark Investigation Materials as Highly
Confidential, provided that the Investigation Materials are produced in electronic format on a
disk or other medium, and the Party designates the disk or other medium as “Highly
Confidential.”
5. DESIGNATION OF LITIGATION MATERIALS. The following procedures govern
the process for Protected Persons to designate as Confidential or Highly Confidential any
information that they disclose in this Action after this Order is entered, including but not limited
to information in response to requests under Fed. R. Civ. P. 30, 31, 33, 36 and 45, and
documents disclosed in response to Fed. R. Civ. P. 33(d), 34(b)(2) and (c), or 45:
(a) Testimony. All transcripts of depositions taken in this Action after entry of
this Order will be treated as Highly Confidential Information in their entirety for 21 days after
the date when a complete and final copy of the transcript has been made available to the
deponent (or the deponent’s counsel, if applicable). Within five business days of receipt of the
final transcript, the Party who noticed the deposition shall provide the final transcript to the
deponent. Within 21 days following receipt of the final transcript, the deponent may designate
as Confidential or Highly Confidential any portion of the deposition transcript, by page(s) and
line(s), and any deposition exhibits provided by the deponent or the deponent’s employer. To
be effective, such designations must be provided in writing to Plaintiff’s and Defendants’
counsel listed at the end of this Order. Any portion of the transcript or exhibits not so
designated pursuant to this subparagraph 5(a) shall not be treated as Confidential or Highly
Confidential, despite any prior designation of confidentiality.
When a Party questions a deponent about a document or information that has been
designated by a different Protected Person as Confidential or Highly Confidential, the Party that
asked such questions shall designate as Confidential or Highly Confidential the portion of the
transcript relating to such Confidential or Highly Confidential document or information.
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 4 of 18
-5-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(b) Documents. A Protected Person who designates as Confidential Information
any document that it produced in this Action must stamp or otherwise mark each page with the
designation “CONFIDENTIAL” in a manner that will not interfere with legibility or audibility.
Likewise, a Protected Person who designates as Highly Confidential Information any document
that they produced in this Action must stamp or otherwise mark each page with the designation
“HIGHLY CONFIDENTIAL” in a manner that will not interfere with legibility or audibility.
(c) Electronic Documents and Data. Where a Protected Person produces
electronic files and documents in native electronic format, such electronic files and documents
shall be designated by the Protected Person for protection under this Order by appending to the
file names or designators information indicating whether the file contains Confidential or
Highly Confidential Information, or by any other reasonable method for appropriately
designating such information produced in electronic format, including by making such
designations in reasonably accessible metadata associated with the files. Where Confidential
Information is produced in electronic format on a disk or other medium that contains
exclusively Confidential Information, the “CONFIDENTIAL” designation may be placed on the
disk or other medium. Likewise, where Highly Confidential Information is produced in
electronic format on a disk or other medium that contains exclusively Highly Confidential
Information, the “HIGHLY CONFIDENTIAL” designation may be placed on the disk or other
medium. When electronic files or documents in native form are printed for use at deposition, in
a court proceeding, or for provision in printed form to any person described in subparagraph
10(g), the Party printing the electronic files or documents shall affix a legend to the printed
document saying “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” and include the
production number and designation associated with the native file.
(d) Each Defendant represents that any materials that the Defendant previously
provided to the U.S. Department of Justice during the Investigation that the Defendant
designated as Confidential or Highly Confidential, including but not limited to testimony,
documents, and electronic documents and data, constitutes Confidential Information or Highly
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 5 of 18
-6-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Confidential Information, as defined in subparagraphs 1(b) and 1(c) of this Order, and the
Defendant hereby designates it as such.
(e) Whenever discovery is sought from a non-Party in this Action, a copy of this
Order shall accompany the discovery request or subpoena. Non-Parties may designate materials
as Confidential or Highly Confidential pursuant to the procedures in this paragraph.
6. Any production of documents or testimony not designated as Confidential or Highly
Confidential will not be deemed a waiver of any future claim of confidentiality concerning such
information if it is later designated as Confidential or Highly Confidential. If at any time prior
to the trial of this Action, a Protected Person realizes that it should have designated as
Confidential or Highly Confidential any Investigation Materials or Litigation Materials that
Person previously produced during discovery in this Action, it may so designate such
documents, testimony, or other materials by notifying the Parties in writing. The Parties shall
thereafter treat the Investigation Materials or Litigation Materials pursuant to the Protected
Person’s new designation under the terms of this Order. No prior disclosure of newly
designated Confidential or Highly Confidential Information shall violate this Order. The
disclosure of any information for which disclosure was proper when made will not be deemed
improper regardless of any such subsequent confidentiality designation.
7. In the event of a disclosure of any Confidential or Highly Confidential Information to
any person(s) not authorized to receive such disclosure under this Order, the Party responsible
for having made such disclosure shall promptly notify the Protected Person whose material has
been disclosed and provide to such Protected Person all known relevant information concerning
the nature and circumstances of the disclosure. The disclosing Party shall also promptly take all
reasonable measures to retrieve the improperly disclosed material and to ensure that no further
or greater unauthorized disclosure and/or use thereof is made. Unauthorized or inadvertent
disclosure shall not change the confidential status of any disclosed material or waive the right to
maintain the disclosed material as containing Confidential or Highly Confidential Information.
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 6 of 18
-7-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C.
Challenges to Confidential or Highly Confidential Designation
8. Any Party who objects to any designation of confidentiality may at any time before
the trial of this Action provide a written notice to the Protected Person who made such
designation and all Parties stating with particularity the grounds for the objection. All materials
objected to shall continue to be treated as Confidential or Highly Confidential Information
pending resolution of the dispute. If the objecting Party and the Protected Person cannot reach
agreement on the objection within five business days of the Party’s written notice, the Protected
Person may address the dispute to this Court. The Protected Person bears the burden of
persuading the Court that the material is Confidential Information within the definition set forth
in paragraph 1(b) or Highly Confidential Information within the definition set forth in paragraph
1(c). The designated information shall be treated in accordance with its Confidential or Highly
Confidential Information designation under this Order until the Court rules on the designating
Protected Person’s timely filed motion. If the Protected Person fails to move the Court in
accordance with this paragraph, or if the Court finds the designation of Confidential Information
or Highly Confidential Information to have been inappropriate, the challenged designation shall
be considered rescinded. The Parties thereafter shall not be required to treat the information as
Confidential Information or Highly Confidential Information under this Order. This Order shall
not preclude or prejudice either the Protected Person or the objecting Party from arguing for or
against any designation, establish any presumption that a particular designation is valid, or alter
the burden of proof that would otherwise apply in a dispute over discovery or disclosure of
information.
D.
Disclosure of Confidential or Highly Confidential Information
9. Confidential Information may be disclosed only to the following persons:
(a) the Court and all persons assisting the Court in this Action, including law
clerks, court reporters, and stenographic or clerical personnel;
(b) Plaintiff’s attorneys, in-house economists and financial analysts, paralegals
and other professional personnel (including support and IT staff), and agents or independent
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 7 of 18
-8-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
contractors retained by the Plaintiff to assist in this Action whose functions require access to the
information;
(c) Outside Counsel of Record for Defendants, including any attorneys,
paralegals, and other professional personnel (including support and IT staff) that such outside
counsel assigns to this Action, and agents or independent contractors retained by Defendants to
assist in this Action whose functions require access to the information;
(d) outside vendors or service providers (such as copy-service providers and
document-management consultants) retained by a Party to assist that Party in this Action,
provided that they shall first execute an Agreement Concerning Confidentiality in the form of
Appendix A attached hereto;
(e) any mediator or arbitrator that the Parties engage in this Action or that this
Court appoints;
(f) persons who are authors, addressees, and recipients of the document, to the
extent they have previously had lawful access to the document disclosed or to be disclosed; or
persons for whom counsel for Plaintiff or Defendants believes in good faith previously received
or had access to the document, unless the person indicates that he or she did not have access to
the document;
(g) any person retained by a Party to serve as a testifying or consulting expert in
this Action, including employees of the firm with which the expert or consultant is associated or
independent contractors who assist the expert’s work in this Action, provided that they shall
first execute an Agreement Concerning Confidentiality in the form of Appendix A attached
hereto;
(h) outside trial consultants (including, but not limited to, graphics consultants),
provided that they shall first execute an Agreement Concerning Confidentiality in the form of
Appendix A attached hereto; and
(i) two in-house attorneys for each Defendant, not involved in business
decisions, whose names shall be disclosed to the United States at least five business days prior
to the effective date of such designation and who shall be agreed upon by the parties or (in the
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 8 of 18
-9-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
absence of agreement) ordered by the Court, provided that the in-house attorneys shall first
execute an Agreement Concerning Confidentiality in the form of Appendix A attached hereto.
For purposes of this paragraph, the phrase “involved in business decisions” shall not include the
rendering of legal advice solely as to litigation, compliance, regulatory, or liability issues related
to business decisions. To the extent a Defendant seeks to change the two-in house attorneys that
may receive access to Confidential Information, the Defendant must provide notice to Plaintiff
at least 10 business days prior to the effective date of such change.
10. Highly Confidential Information may be disclosed only to the persons set forth in
Section D.9(a)-(h) above.
11. Counsel for the Party making the disclosure must retain the original of the
Agreement Concerning Confidentiality in the form of Appendix A attached hereto for a period
of one year following the final resolution of this Action.
12. Each individual described in paragraphs 9 and 10 of this Order to whom information
designated as Confidential Information or Highly Confidential Information is disclosed must not
disclose that Confidential or Highly Confidential Information to any other individual, except as
provided in this Order.
13. Nothing in this Order prevents Plaintiff, subject to taking appropriate steps to
preserve the confidentiality of such information, from disclosing such information designated as
Confidential or Highly Confidential (i) in the course of any other legal proceeding in which the
U.S. Department of Justice is a party; (ii) for the purpose of securing compliance with a Final
Judgment in this Action; or (iii) for law enforcement purposes.
14. Nothing in this Order:
(a) limits a Protected Person’s use or disclosure of its own information
designated as Confidential or Highly Confidential Information;
(b) prevents disclosure of Confidential or Highly Confidential Information with
the consent of the Protected Person that designated the material as Confidential or Highly
Confidential;
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 9 of 18
-10-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(c) prevents disclosure by a Party of Confidential or Highly Confidential
Information (i) that is or has become publicly known through no fault of that Party; (ii) lawfully
acquired by or known to that Party independent of receipt during the Investigation or in
discovery in this Action; (iii) previously produced, disclosed and/or provided to that Party
without an obligation of confidentiality and not by inadvertence or mistake; or (iv) pursuant to
an order of a Court; or
(d) prevents Plaintiff’s retention or use or disclosure of Investigation Materials
outside the context of this Action to the extent permitted by applicable law or regulation
governing pre-complaint discovery including the Hart-Scott-Rodino Act, 15 U.S.C. § 18a, and
the Antitrust Civil Process Act, 15 U.S.C. §§ 1311-14, or for law enforcement purposes, or as
required by law, court order or regulation.
E.
Use of Information Designated Confidential or Highly Confidential in This Action
15. If any documents, testimony, or other materials designated under this Order as
Confidential or Highly Confidential Information are included in any pleading, motion, exhibit,
or other paper to be filed with the Court, the Party seeking to file such Confidential or Highly
Confidential Information under seal must proceed in accordance with Local Rule 79-5. For any
filing made under seal pursuant to this Order, the filing Party shall file with the Court, in
accordance with Local Rule 79-5, a public version of the filing with the Confidential or Highly
Confidential Information redacted. Nothing in this Order shall restrict the Parties or any
interested member of the public from challenging the filing of any Confidential or Highly
Confidential Information under seal.
16. Disclosure at trial of documents and testimony and other materials designated as
Confidential Information or Highly Confidential Information will be governed pursuant to a
separate Court order. The Parties shall meet and confer before trial and submit a recommended
order outlining those procedures. Absent a ruling by the Court to the contrary, documents or
deposition testimony, or other materials or information designated as Confidential Information
or Highly Confidential Information by a Protected Person that appear on an exhibit list or in
deposition designations, that are admitted into evidence at trial, will be disclosed on the public
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 10 of 18
-11-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
record, and any examination relating to such information will likewise be disclosed on the
public record, after compliance with procedures established by this Court.
17. All Confidential Information or Highly Confidential Information produced by a
Party or a non-Party as part of this proceeding shall be used solely for the conduct of this Action
and shall not be used for any business, commercial, competitive, personal, or other purpose,
except as set forth in Paragraphs 13 and 14 herein.
F.
Procedures upon Termination of This Action
18. The obligations imposed by this Order survive the termination of this Action unless
the Court, which shall retain jurisdiction to resolve any disputes arising out of this Order, orders
otherwise. Within 90 days after the expiration of the time for appeal of an order, judgment, or
decree terminating this litigation, all persons having received information designated as
Confidential or Highly Confidential Information must either make a good faith effort to return
such material and all copies thereof to the Protected Person (or the Protected Person’s counsel,
if represented by counsel) that produced it, or destroy or delete all such Confidential or Highly
Confidential Information. Counsel for the Parties will be entitled to retain court papers,
deposition and trial transcripts and exhibits, and work product, provided that the Parties and
their counsel do not disclose the portions of court papers, deposition transcripts, exhibits, or
work product containing information designated as Confidential or Highly Confidential
Information to any person except pursuant to Court order or agreement with the Protected
Person that produced the Confidential or Highly Confidential Information or as otherwise
permitted herein. All Confidential or Highly Confidential Information returned to the Parties or
their counsel by the Court likewise must be disposed of in accordance with this paragraph.
Nothing in this Paragraph, however, restricts the rights of the Parties under paragraphs 13 and
14 of this Order.
G.
Right to Seek Modification
19. Nothing in this Order limits any Person, including members of the public, a Party or
a Protected Person, from seeking further or additional protections of any of its materials or
modification of this Order upon motion duly made pursuant to the Rules of this Court,
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 11 of 18
-12-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
including, without limitation, an order that certain material not be produced at all or is not
admissible evidence in this Action or any other proceeding.
H.
Inadvertent Production of Privileged Information
20. As authorized by Federal Rule of Evidence 502(d), the production of a document or
information subject to a claim of attorney-client privilege, work-product immunity, or any other
privilege or immunity under relevant federal case law and rules (“Produced Privileged Material”)
does not waive any claim of privilege, work product, or any other ground for withholding
production to which the Party producing the documents or information otherwise would be
entitled, provided that (a) the production was inadvertent; (b) the Party producing the documents
or information used reasonable efforts to prevent the disclosure of documents or information
protected by the attorney-client privilege, work-product immunity, or any other privilege or
immunity; and (c) the Party producing the documents or information promptly took reasonable
steps to rectify the error, including following Federal Rule of Civil Procedure 26(b)(5)(B).
21. A Party or Person claiming privilege or other protections for Produced Privileged
Material must within three (3) days of learning of the production of such material notify in
writing any and all Receiving Parties that received the Produced Privileged Material and
provide sufficient information to the Receiving Party regarding the asserted privileges, in the
form of a privilege log as outlined in Rule 26(b)(5) of the Federal Rules of Civil Procedure.
Alternatively, if a Receiving Party discovers a document that it believes to be Produced
Privileged Material, the Receiving Party will promptly notify the Designating Party of what it
believes to be the Produced Privileged Material. No Receiving Party will be found in violation
of this Order for failing to recognize Produced Privileged Material.
22. After discovering or being notified of Produced Privileged Material, any Receiving
Party may not use or disclose the inadvertently Produced Privileged Material in any way until
the claim is resolved, and must take reasonable steps to retrieve the material if the Receiving
Party disclosed it before being notified of or discovering the inadvertent production. In
addition, within five (5) calendar days of discovering or being notified of Produced Privileged
Material, any Receiving Party must return, sequester, or destroy the specified material and any
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 12 of 18
-13-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
copies. The Designating Party must retain a copy of the material until the resolution or
termination of this Action. A Party may move the Court for an order compelling production of
the material and present the information to the Court under seal for a determination of the claim.
Any submission of privileged material for in camera review shall not constitute a waiver of any
applicable material.
23. Nothing in this Order overrides any attorney’s ethical responsibilities to refrain from
examining or disclosing materials that the attorney knows or reasonably should know to be
privileged and to inform that Party or Person that produced the materials of such occurrence.
24. This Order is not intended to impose on a Party a waiver of its rights to review its
documents for privilege or any other reason (including to identify non-responsive documents)
and the existence of this Order cannot be used to compel a Party to produce documents without
review. Moreover, this Order does not mean that the cost of review should not be considered in
whether any particular discovery is proportionate (i.e., that the benefit of the discovery is not as
great as the cost of said discovery including review).
I.
The Privacy Act
25. Any order of this Court requiring the production of any document, information, or
transcript of testimony constitutes a court order within the meaning of the Privacy Act, 5 U.S.C.
§ 552a(b)(11).
J.
Persons Bound by This Order
26. This Order shall be binding on the Parties to this Action, their attorneys, and their
successors, personal representatives, administrators, assigns, parents, subsidiaries, divisions,
affiliates, employees, agents, retained consultants and experts, and any persons or organizations
over which they have direct control.
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 13 of 18
-14-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SO STIPULATED:
/s/ John R. Read
John R. Read
John.Read@usdoj.gov
United States Department of Justice
Antitrust Division
450 Fifth Street, NW, Suite 4000
Washington, DC 20530
Telephone: (202) 307-0468
Fax: (202) 514-7308
Counsel for Plaintiff United States of America
/s/ Tara L. Reinhart
Jack P. DiCanio (SBN 138782)
Jack.DiCanio@Skadden.com
525 University Avenue, Suite 1400
Palo Alto, California 94301
Telephone: (650) 470-4500
Facsimile: (650) 470-4570
Steven C. Sunshine (pro hac vice)
Steven.Sunshine@Skadden.com
Tara L Reinhart (pro hac vice)
Tara.Reinhart@Skadden.com
Julia K. York (pro hac vice)
Julia.York@Skadden.com
Joseph Ciani-Dausch (pro hac vice)
Joseph.Ciani-Dausch@skadden.com
1440 New York Ave., N.W.
Washington, D.C. 20005
Telephone: (202) 371-700
Facsimile: (202) 393-5760
Karen Hoffman Lent (pro hac vice)
Karen.Lent@Skadden.com
One Manhattan West
New York, NY 10001-8602
Telephone: (212) 735-3000
Facsimile: (212) 735-2000
Counsel for Defendant Visa, Inc.
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 14 of 18
-15-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
/s/ Justina K. Sessions
Jonathan M. Jacobson (SBN 1350495)
jjacobson@wsgr.com
1301 Avenue of the Americas, 40th Floor
New York, New York 10019
Telephone: (212) 497-7758
Facsimile: (212) 999-5899
Scott A. Sher (SBN 190053)
ssher@wsgr.com
Michelle Yost Hale (pro hac vice)
mhale@wsgr.com
Robin S. Crauthers (pro hac vice)
rcrauthers@wsgr.com
Katie R. Glynn (SBN 300524)
kglynn@wsgr.com
1700 K Street NW, Fifth Floor
Washington, DC 20006
Telephone: (202) 973-8800
Facsimile: (202) 973-8899
Justina K. Sessions (SBN 270914)
jsessions@wsgr.com
Benjamin S. Labow (SBN 229443)
blabow@wsgr.com
One Market Plaza, Spear Tower, Suite 3300
San Francisco, California 94105
Telephone: (415) 947-2000
Facsimile: (415) 947-2099
Counsel for Defendant Plaid Inc.
IT SO ORDERED.
Dated: November 25, 2020
_____________________________
HON. JEFFREY S. WHITE
United States District Judge
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 15 of 18
-16-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
APPENDIX A
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKDLAND DIVISION
Civil Action No. 4:20-cv-07810-JSW
AGREEMENT CONCERNING CONFIDENTIALITY
I, , am employed by as _______________________.
I hereby certify that:
1. I have read the Protective Order entered in the above-captioned action, and understand its
terms.
2. I agree to be bound by the terms of the Protective Order entered in the above-captioned
action. I agree to use the information provided to me only as explicitly provided in this
Protective Order.
3. I understand that my failure to abide by the terms of the Protective Order entered in the
above-captioned action will subject me, without limitation, to civil and criminal penalties for
contempt of Court.
4. I submit to the jurisdiction of the United States District Court for the Northern District of
California solely for the purpose of enforcing the terms of the Protective Order entered in the
UNITED STATES OF AMERICA,
Plaintiff,
v.
VISA INC. and PLAID INC.,
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 16 of 18
-17-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
above-captioned action and freely and knowingly waive any right I may otherwise have to object
to the jurisdiction of said Court.
______________________________
______________________________
SIGNATURE
______________________________
DATE
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 17 of 18
-18-
JOINT STIPULATION AND PROTECTIVE ORDER
Case No. 4:20-cv-07810-JSW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTORNEY ATTESTATION
I, Meagan K. Bellshaw, am the ECF user whose identification and password are being
used to file the Joint Stipulation and [Proposed] Protective Order. Pursuant to Local Rule 5-
1(i)(3), I hereby attest that all signatories listed hereto, and on whose behalf the filing is
submitted, concur in this document’s content and have authorized the filing of this document
with the use of their electronic signature.
/s/ Meagan K. Bellshaw
Meagan K. Bellshaw
Case 4:20-cv-07810-JSW Document 49 Filed 11/25/20 Page 18 of 18File and source
- File
- gov.uscourts.cand.368439.49.0.pdf
- Size
- 79,466 bytes
- SHA-256
- f1f4b96581cfbc32b03188183c56f36b5fcefef73e7e3024cdb48ca96aa8ac18
- Original
- PACER (login required)