1 NCrIaCigH MO.L NAiSch &ol aTsO (SMBANS 1E7V84IC44, )L LP 2 Alex Tomasevic (SBN 245598) 225 Broadway, 19th Floor 3 San Diego, California 92101 Tel: (619) 325-0492 4 Fax: (619) 325-0496 Email: [email protected] 5 Email: [email protected]

6 WINTERS & ASSOCIATES Jack B. Winters, Jr. (SBN 82998) 7 Georg M. Capielo (SBN 245491) Sarah Ball (SBN 292337) 8 8489 La Mesa Boulevard La Mesa, California 91942 9 Tel: (619) 234-9000 Fax: (619) 750-0413 10 Email: [email protected] Email: [email protected] 11 Email: [email protected]

12 Attorneys for Plaintiff THURMA J. KELLEY, and on Behalf of the Class 13 ALSTON & BIRD LLP ALSTON & BIRD LLP 14 Kathy J. Huang (SBN 240677) Adam J. Kaiser Jesse Steinbach (SBN 278923) (pro hac vice forthcoming) 15 333 South Hope Street, 16th Floor 90 Park Avenue, 15th Floor Los Angeles, CA 90071-3004 New York, New York 10016-1387 16 Telephone: 213-576-1000 Telephone: 212-210-9400 Facsimile: 213-576-1100 Facsimile: 212-210-9444 17 Email: [email protected] Email: [email protected] Email: [email protected] 18 Attorneys for Defendant 19 COLONIAL PENN LIFE INSURANCE COMPANY

20 UNITED STATES DISTRICT COURT

21 CENTRAL DISTRICT OF CALIFORNIA

22 THURMA J. KELLEY Individually, Case No.: 2:20-cv-03348-MWF-E and on Behalf of the Class, 23 STIPULATION AND [PROPOSED] Plaintiff, PROTECTIVE ORDER 24 vs. District Judge: Hon. Michael W. 25 COLONIAL PENN LIFE Fitzgerald INSURANCE COMPANY, a Magistrate Judge: Hon. Charles F. Eick 26 Pennsylvania Corporation Action Filed: April 9, 2020 27 Defendant.

28 1 1. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential,

3 proprietary or private information for which special protection from public disclosure

4 and from use for any purpose other than pursuing this litigation may be warranted.

5 Accordingly, the parties hereby stipulate to and petition the Court to enter the

6 following Stipulated Protective Order. The parties acknowledge that this Order does

7 not confer blanket protections on all disclosures or responses to discovery and that the

8 protection it affords from public disclosure and use extends only to the limited

9 information or items that are entitled to confidential treatment under the applicable

10 legal principles.

11 2. GOOD CAUSE STATEMENT

12 This action is likely to involve documents, testimony or other materials

13 reflecting private personal information related to life insurance and life insurance

14 applications, including, potentially, health and financial information, as well as

15 documents, testimony or other materials reflecting Defendant’s proprietary business

16 practices and procedures for which protection from public disclosure and from use for

17 any purpose other than prosecution of this action is warranted. Such confidential and

18 proprietary materials and information consist of, among other things, confidential

19 business or financial information, information regarding confidential business

20 practices, or other confidential research, development, or commercial information

21 (including information implicating privacy rights of third parties), non-public

22 communications with regulators, Departments of Insurance or other governmental

23 bodies that are intended to be kept confidential and/or are protected from disclosure

24 by statute or regulation, financial or actuarial projections, analyses, or studies,

25 information otherwise generally unavailable to the public, or which may be privileged

26 or otherwise protected from disclosure under state or federal statutes, court rules, case

27 decisions, or common law. Accordingly, to expedite the flow of information, to

28 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 1 to adequately protect information the parties are entitled to keep confidential, to ensure 2 that the parties are permitted reasonable necessary uses of such material in preparation

3 for and in the conduct of trial, to address their handling at the end of the litigation, and

4 serve the ends of justice, a protective order for such information is justified in this

5 matter. It is the intent of the parties that information will not be designated as

6 confidential for tactical reasons and that nothing be so designated without a good faith

7 belief that it has been maintained in a confidential, non-public manner, and there is

8 good cause why it should not be part of the public record of this case.

9 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE

10 The parties further acknowledge, as set forth in Section 14.3, below, that this

11 Stipulated Protective Order does not entitle them to file confidential information under

12 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the

13 standards that will be applied when a party seeks permission from the court to file

14 material under seal. There is a strong presumption that the public has a right of access

15 to judicial proceedings and records in civil cases. In connection with non-dispositive

16 motions, good cause must be shown to support a filing under seal. See Kamakana v.

17 City and County of Honolulu,

(9th Cir. 2006), Phillips v. Gen.

18 Motors Corp.,

, 1210-11 (9th Cir. 2002), and a specific showing of good

19 cause or compelling reasons with proper evidentiary support and legal justification,

20 must be made with respect to Protected Material that a party seeks to file under seal.

21 The parties’ mere designation of Disclosure or Discovery Material as

22 CONFIDENTIAL does not— without the submission of competent evidence by

23 declaration, establishing that the material sought to be filed under seal qualifies as

24 confidential, privileged, or otherwise protectable—constitute good cause.

25 Further, if a party requests sealing related to a dispositive motion or trial, then

26 compelling reasons, not only good cause, for the sealing must be shown, and the relief

27 sought shall be narrowly tailored to serve the specific interest to be protected. See

28 Pintos v. Pacific Creditors Ass’n.,

(9th Cir. 2010). For each item 1 or type of information, document, or thing sought to be filed or introduced under seal 2 in connection with a dispositive motion or trial, the party seeking protection must

3 articulate compelling reasons, supported by specific facts and legal justification, for

4 the requested sealing order. Again, competent evidence supporting the application to

5 file documents under seal must be provided by declaration.

6 If documents can be redacted, then a redacted version for public viewing,

7 omitting only the confidential, privileged, or otherwise protectable portions of the

8 document, shall be filed.

9 4. DEFINITIONS

10 4.1 Action: this pending federal lawsuit.

11 4.2 Challenging Party: a Party or Non-Party that challenges the designation

12 of information or items under this Order.

13 4.3 “CONFIDENTIAL” Information or Items: information (regardless of

14 how it is generated, stored or maintained) or tangible things that qualify for protection

15 under Federal Rule of Civil Procedure 26(c) or as specified above in the Good Cause

16 Statement.

17 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

18 support staff).

19 4.5 Designating Party: a Party or Non-Party that designates information or

20 items that it produces in disclosures or in responses to discovery as

21 “CONFIDENTIAL.”

22 4.6 Disclosure or Discovery Material: all items or information, regardless of

23 the medium or manner in which it is generated, stored, or maintained (including,

24 among other things, testimony, transcripts, and tangible things), that are produced or

25 generated in disclosures or responses to discovery.

26 4.7 Expert: a person with specialized knowledge or experience in a matter

27 pertinent to the litigation who has been retained by a Party or its counsel to serve as

28 an expert witness or as a consultant in this Action. 1 4.8 House Counsel: attorneys who are employees of a party to this Action 2 and employees of a party working at the attorneys’ behest, including staff and

3 paralegals. House Counsel does not include Outside Counsel of Record or any other

4 outside counsel.

5 4.9 Non-Party: any natural person, partnership, corporation, association or

6 other legal entity not named as a Party to this action.

7 4.10 Outside Counsel of Record: attorneys who are not employees of a party

8 to this Action but are retained to represent a party to this Action and have appeared in

9 this Action on behalf of that party or are affiliated with a law firm that has appeared

10 on behalf of that party, and includes support staff.

11 4.11 Party: any party to this Action, including all of its officers, directors,

12 employees, consultants, retained experts, and Outside Counsel of Record (and their

13 support staffs).

14 4.12 Privileged Material: any document or information that is protected from

15 disclosure by a privilege, immunity, or other protection, including without limitation,

16 the attorney-client privilege, the work product doctrine, and/or the joint defense or

17 common interest privilege.

18 4.13 Producing Party: a Party or Non-Party that produces Disclosure or

19 Discovery Material in this Action.

20 4.14 Professional Vendors: persons or entities that provide litigation support

21 services (e.g., photocopying, videotaping, translating, preparing exhibits or

22 demonstrations, and organizing, storing, or retrieving data in any form or medium)

23 and their employees and subcontractors.

24 4.15 Protected Material: any Disclosure or Discovery Material that is

25 designated as “CONFIDENTIAL.”

26 4.16 Receiving Party: a Party that receives Disclosure or Discovery Material

27 from a Producing Party.

28 1 5. SCOPE 2 The protections conferred by this Stipulation and Order cover not only

3 Protected Material (as defined above), but also (1) any information copied or extracted

4 from Protected Material; (2) all copies, excerpts, summaries, or compilations of

5 Protected Material; and (3) any testimony, conversations, or presentations by Parties

6 or their Counsel that might reveal Protected Material.

7 Any use of Protected Material at trial shall be governed by the orders of the trial

8 judge and other applicable authorities. This Order does not govern the use of Protected

9 Material at trial.

10 6. DURATION

11 Even after final disposition of this litigation, the confidentiality obligations

12 imposed by this Order shall remain in effect until a Designating Party agrees otherwise

13 in writing or a court order otherwise directs. Final disposition (hereinafter, “Final

14 Disposition”) shall be deemed to be the later of (1) dismissal of all claims and defenses

15 in this Action, with or without prejudice; and (2) final judgment herein after the

16 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of

17 this Action, including the time limits for filing any motions or applications for

18 extension of time pursuant to applicable law.

19 7. DESIGNATING PROTECTED MATERIAL

20 7.1 Exercise of Restraint and Care in Designating Material for Protection.

21 Each Party or Non-Party that designates information or items for protection under this

22 Order must take care to limit any such designation to specific material that qualifies

23 under the appropriate standards.

24 The Designating Party must designate for protection only those parts of

25 material, documents, items or oral or written communications that qualify so that other

26 portions of the material, documents, items or communications for which protection is

27 not warranted are not swept unjustifiably within the ambit of this Order.

28 1 If it comes to a Designating Party’s attention that information or items that it 2 designated for protection do not qualify for protection, that Designating Party must

3 promptly notify all other Parties that it is withdrawing the inapplicable designation.

4 7.2 Manner and Timing of Designations. Except as otherwise provided in

5 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material

6 that qualifies for protection under this Order must be clearly so designated before the

7 material is disclosed or produced.

8 Designation in conformity with this Order requires:

9 (a) for information in documentary form (e.g., paper or electronic

10 documents, but excluding transcripts of depositions or other pretrial or

11 trial proceedings), that the Producing Party affix at a minimum, the

12 legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to

13 each page that contains protected material. If only a portion of the

14 material on a page qualifies for protection, the Producing Party also must

15 clearly identify the protected portion(s) (e.g., by making appropriate

16 markings in the margins).

17 A Party or Non-Party that makes original documents available for

18 inspection need not designate them for protection until after the

19 inspecting Party has indicated which documents it would like copied and

20 produced. During the inspection and before the designation, all of the

21 material made available for inspection shall be deemed

22 “CONFIDENTIAL.” After the inspecting Party has identified the

23 documents it wants copied and produced, the Producing Party must

24 determine which documents, or portions thereof, qualify for protection

25 under this Order. Then, before producing the specified documents, the

26 Producing Party must affix the “CONFIDENTIAL legend” to each page

27 that contains Protected Material. If only a portion of the material on a

28 page qualifies for protection, the Producing Party also must clearly 1 identify the protected portion(s) (e.g., by making appropriate markings 2 in the margins).

3 (b) for testimony given in depositions that the Designating Party identifies

4 the Disclosure or Discovery Material on the record, before the close of

5 the deposition all protected testimony, or in writing within thirty calendar

6 days of receipt of the transcript. Only those portions of the testimony

7 that are appropriately designed for protection within the thirty calendar-

8 day period shall be covered by this Order. Until the expiration of the

9 thirty calendar-day period, the entire deposition transcript will be treated

10 as if it had been designated as CONFIDENTIAL pursuant to this Order

11 (c) for information produced in some form other than documentary and for

12 any other tangible items, that the Producing Party affix in a prominent

13 place on the exterior of the container or containers in which the

14 information is stored the legend “CONFIDENTIAL.” If only a portion or

15 portions of the information warrants protection, the Producing Party, to

16 the extent practicable, shall identify the protected portion(s).

17 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

18 failure to designate qualified information or items does not, standing alone, waive the

19 Designating Party’s right to secure protection under this Order for such material. Upon

20 timely correction of a designation, the Receiving Party must make reasonable efforts

21 to assure that the material is treated in accordance with the provisions of this Order.

22 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

23 8.1 Timing of Challenges. Any Party or Non-Party may challenge a

24 designation of confidentiality at any time that is consistent with the Court’s

25 Scheduling Order.

26 8.2 Meet and Confer. The Challenging Party shall initiate the dispute

27 resolution process under Local Rule 37-1 et seq.

28 1 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 2 joint stipulation pursuant to Local Rule 37-2.

3 8.4 Burden of Persuasion. The burden of persuasion in any such challenge

4 proceeding shall be on the Designating Party. Unless the Designating Party has

5 waived or withdrawn the confidentiality designation, all parties shall continue to

6 afford the material in question the level of protection to which it is entitled under the

7 Producing Party’s designation until the Court rules on the challenge.

8 9. ACCESS TO AND USE OF PROTECTED MATERIAL

9 9.1 Basic Principles. A Receiving Party may use Protected Material that is

10 disclosed or produced by another Party or by a Non-Party in connection with this

11 Action only for prosecuting, defending or attempting to settle this Action. Such

12 Protected Material may be disclosed only to the categories of persons and under the

13 conditions described in this Order. When the Action has been terminated, a Receiving

14 Party must comply with the provisions of section 15 below (FINAL DISPOSITION).

15 Protected Material must be stored and maintained by a Receiving Party at a

16 location and in a secure manner that ensures that access is limited to the persons

17 authorized under this Order.

18 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

19 otherwise ordered by the court or permitted in writing by the Designating Party, a

20 Receiving Party may disclose any information or item designated “CONFIDENTIAL”

21 only to:

22 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well

23 as employees of said Outside Counsel of Record to whom it is reasonably

24 necessary to disclose the information for this Action;

25 (b) the officers, directors, and employees (including House Counsel) of the

26 Receiving Party to whom disclosure is reasonably necessary for this

27 Action;

28 1 (c) Experts (as defined in this Order) or consultants retained by Counsel of 2 the Receiving Party and their employees to whom disclosure is

3 reasonably necessary for this Action and who have signed the

4 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

5 (d) the court and its personnel;

6 (e) court reporters and their staff;

7 (f) professional jury or trial consultants, mock jurors, and Professional

8 Vendors to whom disclosure is reasonably necessary for this Action and

9 who have signed the “Acknowledgment and Agreement to Be Bound”

10 (Exhibit A);

11 (g) the author or recipient of a document containing the information or a

12 custodian or other person who otherwise possessed or knew the

13 information;

14 (h) during their depositions, witnesses, and attorneys for witnesses, in the

15 Action to whom disclosure is reasonably necessary provided: (1) the

16 deposing party requests that the witness sign the form attached as Exhibit

17 A hereto; and (2) they will not be permitted to keep any confidential

18 information unless they sign the “Acknowledgment and Agreement to Be

19 Bound” (Exhibit A), unless otherwise agreed by the Designating Party

20 or ordered by the court. Pages of transcribed deposition testimony or

21 exhibits to depositions that reveal Protected Material may be separately

22 bound by the court reporter and may not be disclosed to anyone except

23 as permitted under this Stipulated Protective Order; and

24 (i) any mediators or settlement officers and their supporting personnel,

25 mutually agreed upon by any of the parties engaged in settlement

26 discussions.

27

28 1 10. PPRROOTDEUCCTEEDD I NM OATTHERERIA LLI TSUIGBAPTOIEONNA ED OR ORDERED 2

3 If a Party is served with a subpoena or a court order issued in other litigation

4 that compels disclosure of any information or items designated in this Action as

5 “CONFIDENTIAL,” that Party must:

6 (a) promptly notify in writing the Designating Party. Such notification shall

7 include a copy of the subpoena or court order;

8 (b) promptly notify in writing the party who caused the subpoena or order to

9 issue in the other litigation that some or all of the material covered by the

10 subpoena or order is subject to this Protective Order. Such notification

11 shall include a copy of this Stipulated Protective Order; and

12 (c) cooperate with respect to all reasonable procedures sought to be pursued

13 by the Designating Party whose Protected Material may be affected. If

14 the Designating Party timely seeks a protective order, the Party served

15 with the subpoena or court order shall not produce any information

16 designated in this action as “CONFIDENTIAL” before a determination

17 by the court from which the subpoena or order issued, unless the Party

18 has obtained the Designating Party’s permission. The Designating Party

19 shall bear the burden and expense of seeking protection in that court of

20 its confidential material and nothing in these provisions should be

21 construed as authorizing or encouraging a Receiving Party in this Action

22 to disobey a lawful directive from another court.

23 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 24

25 (a) The terms of this Order are applicable to information produced by a Non-

26 Party in this Action and designated as “CONFIDENTIAL.” Such information

27 produced by Non-Parties in connection with this litigation is protected by the remedies

28 1 and relief provided by this Order. Nothing in these provisions should be construed as 2 prohibiting a Non-Party from seeking additional protections.

3 (b) In the event that a Party is required, by a valid discovery request, to

4 produce a Non-Party’s confidential information in its possession, and the Party is

5 subject to an agreement with the Non-Party not to produce the Non-Party’s

6 confidential information, then the Party shall:

7 (1) promptly notify in writing the Requesting Party and the Non- Party

8 that some or all of the information requested is subject to a

9 confidentiality agreement with a Non-Party;

10 (2) promptly provide the Non-Party with a copy of the Stipulated

11 Protective Order in this Action, the relevant discovery request(s),

12 and a reasonably specific description of the information requested;

13 and

14 (3) make the information requested available for inspection by the

15 Non-Party, if requested.

16 (c) If the Non-Party fails to seek a protective order from this court within 14

17 days of receiving the notice and accompanying information, the Receiving Party may

18 produce the Non-Party’s confidential information responsive to the discovery request.

19 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

20 any information in its possession or control that is subject to the confidentiality

21 agreement with the Non-Party before a determination by the court. Absent a court

22 order to the contrary, the Non-Party shall bear the burden and expense of seeking

23 protection in this court of its Protected Material.

24 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

26 Protected Material to any person or in any circumstance not authorized under this

27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

28 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 1 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 2 persons to whom unauthorized disclosures were made of all the terms of this Order,

3 and (d) request such person or persons to execute the “Acknowledgment an

4 Agreement to Be Bound” attached hereto as Exhibit A.

5 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 6

7 The inadvertent disclosure by a Party or Non-Party of “CONFIDENTIAL”

8 information or “Privileged Material” in connection with this Action will not, by itself,

9 be construed as a waiver, in whole or in part, of (1) that Party’s or Non-Party’s claims

10 of confidentiality or privilege (including but not limited to attorney-client privilege,

11 work product doctrine, and/or joint/common interest privilege) either as to the specific

12 information disclosed or more generally as to the subject matter of the information

13 disclosed, or (2) to the Party’s right to designate the material as “CONFIDENTIAL”

14 or to withhold the material on the grounds that it is Privileged Material in this Action

15 or in any other proceeding, including in federal and state proceedings.

16 The Party that made the inadvertent or erroneous disclosure shall promptly

17 notify the other Party following discovery of the disclosure, and that other Party (the

18 “Returning Party”) (1) shall in the case of Privileged Material, (i) sequester, return, or

19 destroy the inadvertent or erroneously disclosed document or information forthwith,

20 as well as any and all copies thereof and (ii) destroy or sequester any references to the

21 erroneously or inadvertently disclosed document or information, or its contents, to the

22 extent such references exist in other materials prepared by the Returning Party; or (2)

23 in the case of “CONFIDENTIAL” information, shall mark it and all copies, as

24 “CONFIDENTIAL” and treat the information in accordance with the terms of this

25 Stipulated Protective Order.

26 The Returning Party’s return, sequester, or destruction of any information

27 pursuant to this provision shall not in any way preclude the Returning Party from

28 seeking a Court ruling that the information is not or was never entitled to protection 1 as Privileged Material or “CONFIDENTIAL” information. If any inadvertently 2 produced Privileged Material or “CONFIDENTIAL” information has been provided

3 to a Non-Party by a non-Producing Party, the non-Producing Party will use all

4 reasonable efforts to secure the return of the Privileged Material (and the destruction

5 of any references thereto) and/or proper designation of the “CONFIDENTIAL”

6 information, including reminding the Non-Party of its obligation to adhere to the terms

7 of this Stipulated Protective Order that the Non-Party agreed to by executing the

8 Acknowledgment and Agreement to Be Bound attached as Exhibit A and by providing

9 the Producing Party with the name, address, and telephone number of such recipients,

10 as well as the date of and reason for the transmission of the Privileged Material or

11 “CONFIDENTIAL” information.

12 For disputes regarding inadvertently produced “CONFIDENTIAL”

13 information or Privileged Material, the parties will follow the procedures in Section

14 8.

15 14. MISCELLANEOUS

16 14.1 Right to Further Relief. Nothing in this Order abridges the right of any

17 person to seek its modification by the Court in the future.

18 14.2 Right to Assert Other Objections. By stipulating to the entry of this

19 Protective Order, no Party waives any right it otherwise would have to object to

20 disclosing or producing any information or item on any ground not addressed in this

21 Stipulated Protective Order. Similarly, no Party waives any right to object on any

22 ground to use in evidence of any of the material covered by this Protective Order.

23 14.3 Filing Protected Material. A Party that seeks to file under seal any

24 Protected Material must comply with Local Civil Rule 79-5. Protected Material may

25 only be filed under seal pursuant to a court order authorizing the sealing of the specific

26 Protected Material. If a Party’s request to file Protected Material under seal is denied

27 by the court, then the Receiving Party may file the information in the public record

28 unless otherwise instructed by the court. 1 14.4 Non-waiver of Privileges. In accordance with Federal Rule of Evidence 2 502(d) and other applicable Rules, the inadvertent disclosure of Privileged Material

3 shall not, by itself, be deemed to waive – in this litigation or in any other federal

4 litigation or state proceeding – any applicable privilege or immunity (including,

5 without limitation, the attorney-client privilege, the work product doctrine, and the

6 joint defense or common interest privilege) that would otherwise attach to the

7 document or information or to other documents or information.

8 15. FINAL DISPOSITION

9 After the final disposition of this Action, as defined in paragraph 6, within 60

10 days of a written request by the Designating Party, each Receiving Party must return

11 all Protected Material to the Producing Party or destroy such material. As used in this

12 subdivision, “all Protected Material” includes all copies, abstracts, compilations,

13 summaries, and any other format reproducing or capturing any of the Protected

14 Material. Whether the Protected Material is returned or destroyed, the Receiving

15 Party, upon request by the Producing Party, must submit a written certification to the

16 Producing Party (and, if not the same person or entity, to the Designating Party) by

17 the 60-day deadline that (1) identifies (by category, where appropriate) all the

18 Protected Material that was returned or destroyed and (2) affirms that the Receiving

19 Party has not retained any copies, abstracts, compilations, summaries or any other

20 format reproducing or capturing any of the Protected Material. Notwithstanding this

21 provision, Counsel are entitled to retain an archival copy of all pleadings, motion

22 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,

23 deposition and trial exhibits, expert reports, attorney work product, and consultant and

24 expert work product, even if such materials contain Protected Material. Any such

25 archival copies that contain or constitute Protected Material remain subject to this

26 Protective Order as set forth in Section 6 (DURATION).

27 [Signatures of counsel appear on the following page.]

28 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 Respectfully submitted: 3 DATED: May 21, 2020 NICHOLAS & TOMASEVIC, LLP 4 By: /s/ Alex Tomasevic 5 Craig M. Nicholas (SBN 178444) Alex Tomasevic (SBN 245598) 6 Email: [email protected] Email: [email protected] 7 WINTERS & ASSOCIATES 8 Jack B. Winters, Jr. (SBN 82998) Georg M. Capielo (SBN 245491) 9 Sarah Ball (SBN 292337) Email: [email protected] 10 Email: [email protected] Email: [email protected] 11 Attorneys for Plaintiff 12 DATED: May 21, 2020 ALSTON & BIRD LLP 13 14 By: /s/ Kathy J. Huang 15 Kathy J. Huang (SBN 240677) Jesse Steinbach (SBN 278923) 16 333 South Hope Street, 16th Floor Los Angeles, CA 90071-3004 17 Telephone: 213-576-1000 Facsimile: 213-576-1100 18 Email: [email protected] Email: [email protected] 19 ALSTON & BIRD LLP Adam J. Kaiser 20 (pro hac vice forthcoming) 90 Park Avenue, 15th Floor 21 New York, New York 10016-1387 Telephone: 212-210-9400 22 Facsimile: 212-210-9444 Email: [email protected] 23 Attorneys for Defendant 24 25 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 26 27 DATED: __6_/_5_/2_0___________ ____/_S_/ _C_H__A_R_L__E_S_ F__. _E_IC__K________ 28 United States Magistrate Judge 1 CERTIFICATION PURSUANT TO LOCAL RULE 5-4.3.4(a)(2) 2 Pursuant to Local Rule 5-4.3.4(a)(2), Plaintiff Thurma J. Kelley’s counsel

3 attests that all other signatories listed, and on whose behalf this filing is jointly

4 submitted, concur in the filing’s content and have authorized the filing.

5 DATED: May 21, 2020 NICHOLAS & TOMASEVIC, LLP

6 By: /s/ Alex Tomasevic 7 Craig M. Nicholas (SBN 178444) Alex Tomasevic (SBN 245598) 8

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28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of

4 _________________ [print or type full address], declare under penalty of perjury that

5 I have read in its entirety and understand the Stipulated Protective Order that was

6 issued by the United States District Court for the Central District of California on

7 [date] in the case of Thurma J. Kelley v. Colonial Penn Life Insurance Company,

8 Case No. 2:20-cv-03348-MWF-E. I agree to comply with and to be bound by all the

9 terms of this Stipulated Protective Order and I understand and acknowledge that

10 failure to so comply could expose me to sanctions and punishment in the nature of

11 contempt. I solemnly promise that I will not disclose in any manner any information

12 or item that is subject to this Stipulated Protective Order to any person or entity except

13 in strict compliance with the provisions of this Order.

14 I further agree to submit to the jurisdiction of the United States District Court

15 for the Central District of California for the purpose of enforcing the terms of this

16 Stipulated Protective Order, even if such enforcement proceedings occur after

17 termination of this action.

18 I hereby appoint __________________________ [print or type full name] of

19 _______________________________________ [print or type full address and

20 telephone number] as my California agent for service of process in connection with

21 this action or any proceedings related to enforcement of this Stipulated Protective

22 Order.

23

24 Date: ______________________________________

25 City and State where sworn and signed: _________________________________

26

27 Signature: __________________________________

28 Printed name: _______________________________