1 MNIICCHHOALEEL DB.. PHOODRGRUORWS K(SIB (SNB 1N6 22951172)4 0) 2 DONAHUE & HORROW, LLP 1960 E. Grand Ave., Suite 1215 3 El Segundo, California 90245 Telephone: (310) 322-0300 4 Facsimile: (310) 322-0302 Email: [email protected] 5 Email: [email protected]

6 Attorneys for Plaintiff JEFFREY VINNICK 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11

12 JEFFREY VINNICK, Case No.: 2:20-cv-2922-SVW-JEM

13 Plaintiff, STIPULATED PROTECTIVE 14 vs. ORDER

15 STANDARD INSURANCE COMPANY; and DOES 1 through 10, inclusive, 16 Defendant. 17

18 19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, 21 proprietary, or private information for which special protection from public 22 disclosure and from use for any purpose other than prosecuting this litigation may be 23 warranted. Accordingly, the parties hereby stipulate to and petition the Court to 24 enter the following Stipulated Protective Order. The parties acknowledge that this 25 Order does not confer blanket protections on all disclosures or responses to 26 discovery and that the protection it affords from public disclosure and use extends 27 only to the limited information or items that are entitled to confidential treatment 28 under the applicable legal principles. The parties further acknowledge, as set forth in 1 Section 12.3, below, that this Stipulated Protective Order does not entitle them to 2 file confidential information under seal; Civil Local Rule 79-5 sets forth the 3 procedures that must be followed and the standards that will be applied when a party 4 seeks permission from the court to file material under seal. 5 6 B. GOOD CAUSE STATEMENT 7 Disclosure and discovery activity in this action are likely to involve 8 production of confidential, proprietary, or private information, including protected 9 health information, for which special protection from public disclosure and from use 10 for any purpose other than prosecuting this litigation may be warranted. It is 11 expected that the discovery will include Plaintiff’s medical and financial information 12 and may include confidential and proprietary information from Defendant. 13 Accordingly, the parties hereby stipulate to and petition the court to enter the 14 following Stipulated Protective Order. The parties acknowledge that this Order does 15 not confer blanket protections on all disclosures or responses to discovery and that 16 the protection it affords from public disclosure and use extends only to the limited 17 information or items that are entitled to confidential treatment under the applicable 18 legal principles. 19 20 2. DEFINITION 21 2.1 Action: the above captioned pending federal law suit. 22 2.2 Challenging Party: a Party or Non-Party that challenges the 23 designation of information or items under this Order. 24 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of 25 how it is generated, stored or maintained) or tangible things that qualify for 26 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the 27 Good Cause Statement. 28 1 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 2 their support staff). 3 2.5 Designating Party: a Party or Non-Party that designates information or 4 items that it produces in disclosures or in responses to discovery as 5 “CONFIDENTIAL.” 6 2.6 Disclosure or Discovery Material: all items or information, regardless 7 of the medium or manner in which it is generated, stored, or maintained (including, 8 among other things, testimony, transcripts, and tangible things), that are produced or 9 generated in disclosures or responses to discovery in this matter. 10 2.7 Expert: a person with specialized knowledge or experience in a matter 11 pertinent to the litigation who has been retained by a Party or its counsel to serve as 12 an expert witness or as a consultant in this Action. 13 2.8 House Counsel: attorneys who are employees of a party to this Action. 14 House Counsel does not include Outside Counsel of Record or any other outside 15 counsel. 16 2.9 Non-Party: any natural person, partnership, corporation, association, 17 or other legal entity not named as a Party to this action. 18 2.10 Outside Counsel of Record: attorneys who are not employees of a 19 party to this Action but are retained to represent or advise a party to this Action and 20 have appeared in this Action on behalf of that party or are affiliated with a law firm 21 that has appeared on behalf of that party, including support staff. 22 2.11 Party: any party to this Action, including all of its officers, directors, 23 employees, consultants, retained experts, and Outside Counsel of Record (and their 24 support staffs). 25 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 26 Discovery Material in this Action. 27 2.13 Professional Vendors: persons or entities that provide litigation support 28 services (e.g., photocopying, videotaping, translating, preparing exhibits or 1 demonstrations, and organizing, storing, or retrieving data in any form or medium) 2 and their employees and subcontractors. 3 2.14 Protected Material: any Disclosure or Discovery Material that is 4 designated as “CONFIDENTIAL.” 5 2.15 Receiving Party: a Party that receives Disclosure or Discovery 6 Material from a Producing Party.

7 8 3. SCOPE 9 The protections conferred by this Stipulation and Order cover not only 10 Protected Material (as defined above), but also (1) any information copied or 11 extracted from Protected Material; (2) all copies, excerpts, summaries, or 12 compilations of Protected Material; and (3) any testimony, conversations, or 13 presentations by Parties or their Counsel that might reveal Protected Material. 14 Any use of Protected Material at trial shall be governed by the orders of the trial 15 judge. This Order does not govern the use of Protected Material at trial. 16 17 4. DURATION 18 Once a case proceeds to trial, all of the information that was designated as 19 confidential or maintained pursuant to this protective order becomes public and will 20 be presumptively available to all members of the public, including the press, unless 21 compelling reasons supported by specific factual findings to proceed otherwise are 22 made to the trial judge in advance of the trial. See Kamakana v. City and County of 23 Honolulu,

(9th Cir. 2006) (distinguishing “good cause” 24 showing for sealing documents produced in discovery from “compelling reasons” 25 standard when merits-related documents are part of court record). Accordingly, the 26 terms of this protective order do not extend beyond the commencement of the trial. 27

28 1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection under 4 this Order must take care to limit any such designation to specific material that 5 qualifies under the appropriate standards. The Designating Party must designate for 6 protection only those parts of material, documents, items, or oral or written 7 communications that qualify so that other portions of the material, documents, 8 items, or communications for which protection is not warranted are not swept 9 unjustifiably within the ambit of this Order. 10 Mass, indiscriminate, or routinized designations are prohibited. Designations 11 that are shown to be clearly unjustified or that have been made for an improper 12 purpose (e.g., to unnecessarily encumber the case development process or to impose 13 unnecessary expenses and burdens on other parties) may expose the Designating 14 Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party must 17 promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 5.2 Manner and Timing of Designations. Except as otherwise provided in 19 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 20 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 21 under this Order must be clearly so designated before the material is disclosed or 22 produced. The parties hereby stipulate and agree that all of Plaintiff’s health 23 information, including all diagnosis, shall be automatically designated as 24 confidential notwithstanding any marking of the document confidential. This 25 includes, but is not limited to, any mention of Plaintiff’s private health information. 26 Designation in conformity with this Order requires: 27 (a) for information in documentary form (e.g., paper or electronic 28 documents, but excluding transcripts of depositions or other pretrial or trial 1 proceedings), that the Producing Party affix, at a minimum, the legend 2 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 3 contains protected material. If only a portion or portions of the material on a page 4 qualifies for protection, the Producing Party also must clearly identify the protected 5 portion(s) (e.g., by making appropriate markings in the margins). 6 A Party or Non-Party that makes original documents available for inspection 7 need not designate them for protection until after the inspecting Party has indicated 8 which documents it would like copied and produced. During the inspection and 9 before the designation, all of the material made available for inspection shall be 10 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 11 documents it wants copied and produced, the Producing Party must determine which 12 documents, or portions thereof, qualify for protection under this Order. Then, before 13 producing the specified documents, the Producing Party must affix the 14 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 15 portion or portions of the material on a page qualifies for protection, the Producing 16 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 17 markings in the margins). 18 (b) for testimony given in depositions that the Designating Party 19 identify the Disclosure or Discovery Material on the record, before the close of the 20 deposition. 21 (c) for information produced in some form other than documentary 22 and for any other tangible items, that the Producing Party affix in a prominent place 23 on the exterior of the container or containers in which the information is stored the 24 legend “CONFIDENTIAL.” If only a portion or portions of the information warrants 25 protection, the Producing Party, to the extent practicable, shall identify the protected 26 portion(s). 27 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 28 failure to designate qualified information or items does not, standing alone, waive 1 the Designating Party’s right to secure protection under this Order for such material. 2 Upon timely correction of a designation, the Receiving Party must make reasonable 3 efforts to assure that the material is treated in accordance with the provisions of this 4 Order. 5 6 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 7 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 8 designation of confidentiality at any time that is consistent with the Court’s 9 Scheduling Order. 10 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 11 resolution process under Local Rule 37.1, et seq. 12 6.3 Burden. The burden of persuasion in any such challenge proceeding 13 shall be on the Designating Party. Frivolous challenges, and those made for an 14 improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 15 other parties) may expose the Challenging Party to sanctions. Unless the 16 Designating Party has waived or withdrawn the confidentiality designation, all 17 parties shall continue to afford the material in question the level of protection to 18 which it is entitled under the Producing Party’s designation until the Court rules on 19 the challenge.

20 21 7. ACCESS TO AND USE OF PROTECTED MATERIAL 22 7.1 Basic Principles. A Receiving Party may use Protected Material that is 23 disclosed or produced by another Party or by a Non-Party in connection with this 24 Action only for prosecuting, defending, or attempting to settle this Action. Such 25 Protected Material may be disclosed only to the categories of persons and under the 26 conditions described in this Order. When the Action has been terminated, a 27 28 1 Receiving Party must comply with the provisions of section 13 below (FINAL 2 DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a 4 location and in a secure manner that ensures that access is limited to the persons 5 authorized under this Order. 6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 7 otherwise ordered by the Court or permitted in writing by the Designating Party, a 8 Receiving Party may disclose any information or item designated 9 “CONFIDENTIAL” only to: 10 (a) the Receiving Party’s Outside Counsel of Record in this Action, 11 as well as employees of said Outside Counsel of Record to whom it is reasonably 12 necessary to disclose the information for this Action; 13 (b) the officers, directors, and employees (including House Counsel) 14 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 15 (c) Experts (as defined in this Order) of the Receiving Party to 16 whom disclosure is reasonably necessary for this Action and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (d) the Court and its personnel; 19 (e) court reporters and their staff; 20 (f) professional jury or trial consultants, mock jurors, and 21 Professional Vendors to whom disclosure is reasonably necessary for this Action 22 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 23 A); 24 (g) the author or recipient of a document containing the information 25 or a custodian or other person who otherwise possessed or knew the information; 26 (h) during their depositions, witnesses, and attorneys for witnesses, 27 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing 28 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 1 they will not be permitted to keep any confidential information unless they sign the 2 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 3 agreed by the Designating Party or ordered by the Court. Pages of transcribed 4 deposition testimony or exhibits to depositions that reveal Protected Material may be 5 separately bound by the court reporter and may not be disclosed to anyone except as 6 permitted under this Stipulated Protective Order; and 7 (i) any mediator or settlement officer, and their supporting 8 personnel, mutually agreed upon by any of the parties engaged in settlement 9 discussions. 10 11 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 12 IN OTHER LITIGATION 13 If a Party is served with a subpoena or a court order issued in other litigation 14 that compels disclosure of any information or items designated in this Action as 15 “CONFIDENTIAL,” that Party must: 16 (a) promptly notify in writing the Designating Party. Such 17 notification shall include a copy of the subpoena or court order; 18 (b) promptly notify in writing the party who caused the subpoena or 19 order to issue in the other litigation that some or all of the material covered by the 20 subpoena or order is subject to this Protective Order. Such notification shall include 21 a copy of this Stipulated Protective Order; and 22 (c) cooperate with respect to all reasonable procedures sought to be 23 pursued by the Designating Party whose Protected Material may be affected. 24 If the Designating Party timely seeks a protective order, the Party served with the 25 subpoena or court order shall not produce any information designated in this action 26 as “CONFIDENTIAL” before a determination by the court from which the 27 subpoena or order issued, unless the Party has obtained the Designating Party’s 28 permission. The Designating Party shall bear the burden and expense of seeking 1 protection in that court of its confidential material and nothing in these provisions 2 should be construed as authorizing or encouraging a Receiving Party in this Action 3 to disobey a lawful directive from another court. 4 5 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 6 PRODUCED IN THIS LITIGATION 7 (a) The terms of this Order are applicable to information produced 8 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 9 information produced by Non-Parties in connection with this litigation is protected 10 by the remedies and relief provided by this Order. Nothing in these provisions 11 should be construed as prohibiting a Non-Party from seeking additional protections. 12 (b) In the event that a Party is required, by a valid discovery request, 13 to produce a Non-Party’s confidential information in its possession, and the Party is 14 subject to an agreement with the Non-Party not to produce the Non-Party’s 15 confidential information, then the Party shall: 16 (1) promptly notify in writing the Requesting Party and the 17 Non-Party that some or all of the information requested is subject to a 18 confidentiality agreement with a Non-Party; 19 (2) promptly provide the Non-Party with a copy of the 20 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 21 reasonably specific description of the information requested; and 22 (3) make the information requested available for inspection by 23 the Non-Party, if requested. 24 (c) If the Non-Party fails to seek a protective order from this Court 25 within 14 days of receiving the notice and accompanying information, the Receiving 26 Party may produce the Non-Party’s confidential information responsive to the 27 discovery request. If the Non-Party timely seeks a protective order, the Receiving 28 Party shall not produce any information in its possession or control that is subject to 1 the confidentiality agreement with the Non-Party before a determination by the 2 Court. Absent a court order to the contrary, the Non-Party shall bear the burden and 3 expense of seeking protection in this Court of its Protected Material. 4 5 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 6 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 7 Protected Material to any person or in any circumstance not authorized under this 8 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 9 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 10 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 11 persons to whom unauthorized disclosures were made of all the terms of this Order, 12 and (d) request such person or persons to execute the “Acknowledgment and 13 Agreement to Be Bound” that is attached hereto as Exhibit A. 14 15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 16 PROTECTED MATERIAL 17 When a Producing Party gives notice to Receiving Parties that certain 18 inadvertently produced material is subject to a claim of privilege or other protection, 19 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 20 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 21 may be established in an e-discovery order that provides for production without 22 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 23 as the parties reach an agreement on the effect of disclosure of a communication or 24 information covered by the attorney-client privilege or work product protection, the 25 parties may incorporate their agreement in the stipulated protective order submitted 26 to the Court. 27 28 12. MISCELLANEOUS 1 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 2 person to seek its modification by the Court in the future. 3 12.2 Right to Assert Other Objections. By stipulating to the entry of this 4 Protective Order, no Party waives any right it otherwise would have to object to 5 disclosing or producing any information or item on any ground not addressed in this 6 Stipulated Protective Order. Similarly, no Party waives any right to object on any 7 ground to use in evidence of any of the material covered by this Protective Order. 8 12.3 Filing Protected Material. A Party that seeks to file under seal any 9 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 10 only be filed under seal pursuant to a court order authorizing the sealing of the 11 specific Protected Material at issue. If a Party’s request to file Protected Material 12 under seal is denied by the Court, then the Receiving Party may file the information 13 in the public record unless otherwise instructed by the Court. 14 15 13. FINAL DISPOSITION 16 After the Final Disposition of this Action, as defined in paragraph 4, within 60 17 days of a written request by the Designating Party, each Receiving Party must return 18 all Protected Material to the Producing Party or destroy such material. As used in 19 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 20 summaries, and any other format reproducing or capturing any of the Protected 21 Material. Whether the Protected Material is returned or destroyed, the Receiving 22 Party must submit a written certification to the Producing Party (and, if not the same 23 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 24 (by category, where appropriate) all the Protected Material that was returned or 25 destroyed and (2) affirms that the Receiving Party has not retained any copies, 26 abstracts, compilations, summaries or any other format reproducing or capturing any 27 of the Protected Material. Notwithstanding this provision, counsel are entitled to 28 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 1 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 2 reports, attorney work product, and consultant and expert work product, even if such 3 materials contain Protected Material. Any such archival copies that contain or 4 constitute Protected Material remain subject to this Protective Order as set forth in 5 Section 4 (DURATION). 6 7 14. Any violation of this Order may be punished by any and all appropriate 8 measures including, without limitation, contempt proceedings and/or monetary 9 sanctions. 10 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 13 DATED: April 22, 2020 14 15 16 17 By: __/s/ Michael B. Horrow____ Michael B. Horrow 18 Nichole D. Podgurski 19 Attorneys for Plaintiff 20 21 DATED: April 22, 2020 22 23 24 By: __/s/ Jordan S. Altura______ 25 Jordan S. Altura 26 Rebecca A. Hull Attorneys for Defendant Standard Insurance Company 27

28 1 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 os + 4 3 | DATED: 4/23/2020 iP | □ C i) lat

4 onorable John E. McDermott ; nited States District Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CCASE NO.: 2:20-c-v-2922-SVW-JEM

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ___________________________________ [print or type full name], of 4 _______________________________________________ [print or type full address], 5 declare under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for the 7 Central District of California on _____________ [date] in the case of Vinnick v. 8 Standard Insurance Company, and Does 1 through 10, Inclusive, United States 9 District Court, Central District of California, Case No. . 2:20-cv-2922-SVW-JEM. I 10 agree to comply with and to be bound by all the terms of this Stipulated Protective 11 Order and I understand and acknowledge that failure to so comply could expose me to 12 sanctions and punishment in the nature of contempt. I solemnly promise that I will not 13 disclose in any manner any information or item that is subject to this Stipulated 14 Protective Order to any person or entity except in strict compliance with the 15 provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court 17 for the purpose of enforcing the terms of this Stipulated Protective Order, even if such 18 enforcement proceedings occur after termination of this action. I hereby appoint 19 _____________________________________ [print or type full name] of 20 ________________________________________ _________[print or type full 21 address and telephone number] as my California agent for service of process in 22 connection with this action or any proceedings related to enforcement of this 23 Stipulated Protective Order. 24 Date: ______________________ 25 City and State where sworn and signed: 26 Printed name: 27 28 Signature: