Steven Draeger v. Transamerica Life Insurance Company

8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA—WESTERN DIVISION || STEVEN DRAEGER and DARA Case No. 2:19-cv-10478-CAS-GJSx DRAEGER 12 [FROFOSED| ORDER GRANTING Plaintiffs, TIPULATED PROTECTIVE 13 ORDER Vv.

TRANSAMERICA LIFE || INSURANCE COMPANY, 16 Defendant.

1 1. PURPOSES AND LIMITATIONS/GOOD CAUSE STATEMENT 2 Discovery in this action is likely to involve production of confidential and || proprietary actuarial, business, technical, and financial information as well as || private information of Plaintiffs Steven Draeger and Dara Draeger (“Plaintiffs”) or || the insured for which special protection from public disclosure and from use for any || purpose other than prosecuting this litigation may be warranted. Accordingly, || Plaintiffs and Defendant Transamerica Life Insurance Company (“TLIC”) hereby || stipulate to and petition the Court to enter the following Stipulated Protective Order || (‘Order’). The parties acknowledge that this Order does not confer blanket || protections on all disclosures or responses to discovery and that the protection it || affords from public disclosure and use extends only to the limited information or || items that are entitled to confidential treatment under the applicable legal || principles. The parties further acknowledge, as set forth in Section 12.3 (Filing || Protected Material), below, that this Protective Order does not entitle them to file || confidential information under seal; Local Civil Rule 79-5 and the Court’s Guide to || Electronically Filing Under Seal Documents in Civil Cases set forth the procedures || that must be followed and the standards that will be applied when a party seeks || permission from the Court to file material under seal.

19 There is a strong presumption that the public has a right of access to judicial || proceedings and records in civil cases. In connection with non-dispositive motions, || good cause must be shown to support a filing under seal. See Kamakana v. City || and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. || Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony || Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective || orders require good cause showing), and a specific showing of good cause or || compelling reasons with proper evidentiary support and legal justification, must be || made with respect to Protected Material that a party seeks to file under seal. The || parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL -2- || or HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY does not—without || the submission of competent evidence by declaration, establishing that the material || sought to be filed under seal qualifies as confidential, privileged, or otherwise || protectable—constitute good cause.

5 Further, if a party requests sealing related to a dispositive motion or trial, || then compelling reasons, not only good cause, for the sealing must be shown, and || the relief sought shall be narrowly tailored to serve the specific interest to be || protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. || 2010). For each item or type of information, document, or thing sought to be filed || or introduced under seal in connection with a dispositive motion or trial, the party || seeking protection must articulate compelling reasons, supported by specific facts || and legal justification, for the requested sealing order. Again, competent evidence || supporting the application to file documents under seal must be provided by || declaration.

15 Any document that is not confidential, privileged, or otherwise protectable in || its entirety will not be filed under seal if the confidential portions can be redacted.

17 || If documents can be redacted, then a redacted version for public viewing, omitting || only the confidential, privileged, or otherwise protectable portions of the document, || shall be filed. Any application that seeks to file documents under seal in their || entirety should include an explanation of why redaction is not feasible.

21 || 2. DEFINITIONS 22 2.1 Acknowledgment: the “Acknowledgment and Agreement to be || Bound” form attached as Exhibit A to this Order.

24 2.2 Action: Steven Draeger and Dara Draeger v. Transamerica Life || Insurance Company, Case No. 2:19-cv-10478-CAS-GJSx.

26 2.3 Challenging Party: A Party or Non-Party that challenges the || designation of information or items under this Order.

1 2.4 “CONFIDENTIAL” Information or Items: Confidential proprietary or || commercially sensitive business and financial information, trade secrets, and || personal information which is not generally known or publicly available and which || the Designating Party would not normally reveal to third parties or information that || otherwise meets the standard for protection set forth in Rule 26(c) of the Federal || Rules of Civil Procedure. It is the intent of the parties that information will not be || designated as confidential for tactical reasons and that nothing be so designated || without a good faith belief that it has been maintained in a confidential non-public || manner, and there is good cause why it should not be part of the public record of || this Action.

11 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as || their support staff).

13 2.6 Designating Party: A Party or Non-Party that designates information or || items that it produces or that are produced in disclosures or in response to discovery |) as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES | ONLY.”

17 2.7 Disclosure or Discovery Material: All items or information, regardless || of the medium or manner in which it is generated, stored, or maintained (including, || among other things, testimony, transcripts, and tangible things), that are produced || or generated in disclosures or responses to discovery in this matter.

21 2.8 Expert: A person with specialized knowledge or experience in a matter || pertinent to the litigation who has been retained by a Party or its counsel to serve as || an expert witness or as a consultant in this Action and who is not a past or current || employee of a Party or a current employee of a Party’s competitor and who, at the || time of retention, is not anticipated to become an employee of a Party or a || competitor of a Party. This definition includes a professional jury or trial || consultant retained in connection with this litigation. l 2.9 “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES ONLY” || Information or Items: Extremely sensitive “Confidential Information or Items,” || disclosure of which to another Party or Non-Party would create a substantial risk of || serious harm that could not be avoided by less restrictive means.

5 2.10 House Counsel: Attorneys who are employees for a Party or of an || entity that owns an interest in a Party and is responsible for controlling or directing || the litigation. House Counsel does not include Outside Counsel of Record or any || other outside counsel.

9 2.11 Non-Party: Any natural person, partnership, corporation, association, || or other legal entity not named as a Party to this action.

11 2.12 Outside Counsel of Record: Attorneys who are not employees of a || party to this Action but are retained to represent or advise a party to this Action and || have appeared in this Action on behalf of that party or are affiliated with a law firm || that has appeared on behalf of that party, including support staff.

15 2.13 Party: Any party to this Action, including its House Counsel, officers, || directors, employees, consultants, and retained experts.

17 2.14 Parent: An entity that owns, or conducts the business affairs of, the || Receiving Party and is responsible for controlling and directing the litigation.

19 2.15 Producing Party: A Party or Non-Party that produces Disclosure or || Discovery Material in this Action.

21 2.16 Professional Vendors: Persons or entities that provide litigation || support services (e.g., photocopying, videotaping, translating, preparing exhibits or || demonstrations, and organizing, storing or retrieving data in any form or medium) || and their employees and subcontractors.

25 2.17 Protected Material: Any Disclosure or Discovery Material that is || designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- || ATTORNEYS’ EYES ONLY.”

1 2.18 Receiving Party: A Party that receives Disclosure or Discovery || Material from a Producing Party.

3 2.19 Related Actions: Feller v. Transamerica Life Insurance Co., No. 2:16- || cv-01378-CAS-GJSx (C.D. Cal. filed Feb. 28, 2016) (“Feller”); EFG Bank AG || Cayman Branch, et al. v. Transamerica Life Insurance Co., Case No. 2:16-cv- || 08104-CAS-GJSx (C.D. Cal. filed Oct. 31, 2016) (“EFG’’).

7|3. SCOPE 8 The protections conferred by this Order cover not only Protected Material (as || defined above), but also (1) any information copied or extracted from Protected || Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; || and (3) any testimony, conversations, or presentations by Parties or their Counsel or || their Experts that might reveal Protected Material. Any use of Protected Material at || trial shall be governed by the orders of the trial judge. This Order does not govern || the use of Protected Material at trial.

15 |] 4. DURATION 16 FINAL DISPOSITION of the action is defined as the conclusion of any || appellate proceedings, or, if no appeal is taken, when the time for filing of an || appeal has run. Except as set forth below, the terms of this Order apply through || FINAL DISPOSITION. The parties stipulate that they will be contractually bound || by the terms of this agreement beyond FINAL DISPOSITION, and that they will || have to file a separate action for enforcement of the agreement once FINAL || DISPOSITION of the action occurs.

23 Once a case proceeds to trial, information that was designated as || CONFIDENTIAL, HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY, or || maintained pursuant to this protective order used or introduced as an exhibit at trial || becomes public and will be presumptively available to all members of the public, || including the press, unless compelling reasons supported by specific factual || findings to proceed otherwise are made to the trial judge in advance of the trial. See || Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing || documents produced in discovery from “compelling reasons” standard when merits- || related documents are part of court record). Accordingly, the terms of this || protective order do not extend beyond the commencement of the trial.

5] 5. DESIGNATING PROTECTED MATERIAL 6 5.1 Exercise of Restraint and Care in Designating Material for Protection.

7 || Each Party or Non-Party that designates information or items for protection under || this Order must take care to limit any such designation to specific material that || qualifies under the appropriate standards. To the extent it is practical to do so, the || Designating Party must designate for protection only those parts of material, || documents, items or oral or written communications that qualify so that other || portions of the material, documents, items or communications for which protection || is not warranted are not swept unjustifiably within the ambit of this Order.

14 While mass, indiscriminate or routinized designations are prohibited, the || Parties recognize that manually analyzing and designating large numbers of || documents one-by-one for confidentiality can be an unduly burdensome task. The || Parties agree that each Party may reasonably rely on metadata information and || good-faith searches to designate documents for protection. Designations that are || shown to be clearly unjustified or that have been made for an improper purpose || (e.g., to unnecessarily encumber the case development process or to impose || unnecessary expenses and burdens on other parties) may expose the Designating || Party to sanctions.

23 If it comes to a Designating Party’s attention that information or items that it || designated for protection do not qualify for protection, that Designating Party must || promptly notify all other Parties that it is withdrawing the inapplicable designation.

26 5.2 Manner and Timing of Designations. Except as otherwise provided in || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection || under this Order must be clearly so designated before the material is disclosed or || produced. Designation in conformity with this Order requires: 3 (a) for information in documentary form (e.g., paper or electronic || documents, but excluding transcripts of depositions or other pretrial or trial || proceedings), that the Producing Party affix at a minimum, the legend || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES || ONLY”, to each page that contains protected material. If only a portion of the || material on a page qualifies for protection, the Producing Party also must clearly || identify the protected portion(s) (e.g., by making appropriate markings in the || margins).

11 A Party or Non-Party that makes original documents available for inspection || need not designate them for protection until after the inspecting Party has indicated || which documents it would like copied and produced. During the inspection and || before the designation, all of the material made available for inspection shall be || deemed “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES ONLY.” After the || inspecting Party has identified the documents it wants copied and produced, the || Producing Party must determine which documents, or portions thereof, qualify for || protection under this Order. Then, before producing the specified documents, the || Producing Party must affix the legend “CONFIDENTIAL” or “HIGHLY || CONFIDENTIAL-ATTORNEYS’ EYES ONLY” to each page that contains || Protected Material. If only a portion of the material on a page qualifies for || protection, the Producing Party also must clearly identify the protected portion(s) || (e.g., by making appropriate markings in the margins).

24 (b) any Party may designate as Protected Material testimony given in a || deposition or in other pretrial or trial proceedings by informing the reporter during || the deposition or by sending a letter to all Outside Counsel of Record and to the || deposition reporter designating by page and line any portions of the transcript to be || so restricted, or the entire transcript if applicable, within thirty (30) days after || receiving the deposition transcript and specifying the level of protection being || asserted.

3 During this 30-day period, a transcript will be treated as if it had been || designated “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES ONLY” in its || entirety unless otherwise agreed. After the expiration of that period, the transcript || shall be treated only as actually designated.

7 When deposition testimony is designated Protected Material by informing the || reporter during the deposition, the transcript containing Protected Material shall || have an obvious legend on the title page that the transcript contains Protected || Material, and the title page shall be followed by a list of all pages (including line || numbers-as appropriate) that have been designated as Protected Material and the || level of protection being asserted by the Designating Party. The Designating Party || shall inform the court reporter of these requirements.

14 Parties shall give the other parties notice if they reasonably expect a || deposition, hearing, or other proceeding to include Protected Material so that the || other parties can ensure that only authorized individuals who have signed the || Acknowledgment are present at those proceedings. The use of a document as an || exhibit at a deposition shall not in any way affects its designation as |) “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES |} ONLY.”

21 (c) for information produced in some form other than documentary and || for any other tangible items, that the Producing Party affix in a prominent place on || the exterior of the container or containers in which the information is stored the || legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ || EYES ONLY.” If only a portion or portions of the information warrants protection, || the Producing Party, to the extent practicable, shall identify the protected portion(s).

27 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent || failure to designate qualified information or items does not, standing alone, waive || the Designating Party’s right to secure protection under this Order for such || material. Upon timely correction of a designation, the Receiving Party must make || reasonable efforts to assure that the material is treated in accordance with the || provisions of this Order.

5 5.4 Protected Health Information. Additionally, certain Confidential || Information or Items may be Protected Health Information (“PHI”) as defined by || the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the || regulations promulgated thereunder at 45 CFR 160.103. Without limiting the || generality of the foregoing, “PHI” includes, but is not limited to, health || information, including demographic information, relating to either, (a) the past, || present or future physical or mental condition of an individual, (b) the provision of || care to an individual, or (c) the payment for care provided to an individual, which || identifies the individual or which reasonably could be expected to identify an || individual. All “covered entities” (as defined by 45 CFR 160.103) are hereby || authorized to disclose PHI to all attorneys now of record in this Action or who may || become of record in the future in this Action. Subject to the Federal Rules of Civil || Procedure, and without prejudice to any Party’s objection except as otherwise || provided herein, the Parties are authorized to receive, subpoena, transmit, or || disclose PHI relevant to the claims at issue in this Action, subject to all terms of || this Order. All PHI disclosed under this Order must be designated as Confidential || Information pursuant to this Order. A Receiving Party which receives PHI in || discovery shall not use or disclose such PHI for any purpose other than this Action.

23 || To the extent documents or information produced in this Action have already been || exchanged or will again be exchanged between the Parties in the normal course of || business, treatment of such documents prior to or after the conclusion of this Action || shall be governed by this Order.

27 5.5 Specific Provisions Concerning the Disclosure of Personally || Identifiable Information (“PII”). When PII (e.g., names, addresses, Social Security || numbers, phone numbers, etc.) 1s disclosed between the Parties as authorized by || this Order, the PII of any individuals whose claims are not at issue in this lawsuit || and who are otherwise identified in the Discovery Material may either be redacted || to protect the identity of such individuals, or produced without redactions. Upon || receipt of any PII, a Receiving Party shall take all reasonable measures necessary || for protecting the PII from unauthorized disclosure as required under both state and || federal law.

8 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS.

9 6.1 Timing of Challenges. Any Party or Non-Party may challenge a || designation of confidentiality at any time that is consistent with the Court’s || Scheduling Order. Unless a prompt challenge to a Designating Party’s || confidentiality designation is necessary to avoid foreseeable, substantial unfairness, || unnecessary economic burdens, or a significant disruption or delay of the litigation, || a Party does not waive its right to challenge a confidentiality designation by || electing not to mount a challenge promptly after the original designation is || disclosed.

17 6.2 Mect and Confer. The Challenging Party shall initiate the dispute || resolution process under Local Rule 37-1. In conferring, the Challenging Party || must explain the basis for its belief that the confidentiality designation was not || proper and must give the Designating Party an opportunity to review the designated || material, to reconsider the circumstances, and, if no change in designation is || offered, to explain the basis for the chosen designation.

23 6.3 The burden of persuasion in any such challenge proceeding shall be on || the Designating Party. Frivolous designations or challenges, and those designations || or challenges made for an improper purpose (e.g., to harass or impose unnecessary || expenses and burdens on other parties) may expose the respective Designating || Party or Challenging Party to sanctions. Unless the Designating Party has waived || or withdrawn the confidentiality designation, all parties shall continue to afford the || material in question the level of protection to which it is entitled under the || Designating Party’s designation until the Court rules on the challenge.

3/7. ACCESS TO AND USE OF PROTECTED MATERIAL 4 7.1 Basic Principles. A Receiving Party may use Protected Material that is || disclosed or produced by another Party or by a Non-Party in connection with this || Action only for prosecuting, defending or attempting to settle this Action. Such || Protected Material may be disclosed only to the categories of persons and under the || conditions described in this Order. When the Action has been terminated, a || Receiving Party must comply with the provisions of section 13 below (FINAL || DISPOSITION). Protected Material must be stored and maintained by a Receiving || Party at a location and in a secure manner that ensures that access is limited to the || persons authorized under this Order.

13 Notwithstanding anything in this Order, to the extent documents produced by || TLIC in this Action were originally produced in Fe//er using the Feller Bates |) numbers or EFG using the EF'G Bates numbers, and depositions taken against || TLIC or TLIC-affiliated witnesses in the Related Actions, such documents and || depositions will be produced in this Action in accordance with the procedures || agreed to by the parties in the Stipulated Order Regarding Electronically Stored || Information and Document Production where applicable, as well as the Federal || Rules of Civil Procedure and the Federal Rules of Evidence as to admissibility. The || treatment of Confidential Material in those documents and depositions in this || Action will be governed by this Order. The Parties further stipulate that || Confidential Information produced by TLIC in the Related Actions only but || excluded from this Action (1.e., Owner Specific Documents) may be disclosed to || Outside Counsel of Record for Plaintiffs subject to the terms of this Agreement for || the sole purpose of reviewing transcripts from depositions taken in the Related || Actions and reducing litigation costs incurred through document hosting platforms.

1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless || otherwise ordered by the Court or permitted in writing by the Designating Party, a || Receiving Party may disclose any information or item designated || “CONFIDENTIAL” only to: 5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as || well as employees of said Outside Counsel of Record to whom it is reasonably || necessary to disclose the information for this Action; 8 (b) the Receiving Party, including officers, directors, and employees || (including House Counsel) of the Receiving Party to whom disclosure is reasonably || necessary for this Action; 11 (c) the Receiving Party’s Parents’ officers, directors, employees, or || consultants, advisors, insurers and/or reinsurers (1) to whom disclosure is || reasonably necessary for this Action, and (2) who have signed the || Acknowledgment; 15 (d) Experts (as defined in this Order) of the Receiving Party to whom || disclosure is reasonably necessary for this Action and who have signed the || Acknowledgment; 18 (e) the Related Actions plaintiffs’ counsel only as to Protected || Material in or deriving from documents with a Feller or EFG Bates number if such || Protected Material already has been disclosed to such counsel; 21 (f) the Court and its personnel; 22 (g) court reporters and their staff; 23 (h) professional jury or trial consultants, mock jurors, and Professional || Vendors to whom disclosure 1s reasonably necessary for this Action and who have || signed the Acknowledgment; 26 (1) the author or recipient of a document containing the information or || a custodian or other person who otherwise possessed or knew the information; 1 (j) during their depositions, witnesses, and attorneys for witnesses, in || the Action to whom disclosure is reasonably necessary provided: (1) the deposing || party requests that the witness sign the Acknowledgment; and (2) they will not be || permitted to keep any confidential information unless they sign the || Acknowledgment, unless otherwise agreed by the Designating Party or ordered by || the Court; and 7 (k) any mediator or settlement officer, and their supporting personnel, || mutually agreed upon by any of the parties engaged in settlement discussions and || who have signed the Acknowledgment.

10 7.3. Disclosure of “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES |} ONLY Information or Items. Unless otherwise ordered by the Court or permitted || in writing by the Designating Party, a Receiving Party may disclose any || information or item designated “HIGHLY CONFIDENTIAL- ATTORNEYS’ || EYES ONLY” only to: 15 (a) the Receiving Party’s Outside Counsel of Record in this Action, as || well as employees of said Outside Counsel of Record to whom it is reasonably || necessary to disclose the information for this Action; 18 (b) House Counsel and up to five additional officers, directors, || employees, consultants, advisors, insurers and/or reinsurers of TLIC if it is a || Receiving Party, or Plaintiffs, combined, if they are a receiving party, to whom || disclosure is reasonably necessary for this Action and who have signed the || “Acknowledgment and Agreement to be Bound” (Exhibit A). A House Counsel || who is a member of the Bar of any state in the United States need not sign the || Acknowledgment.

25 (c) Experts (as defined in this Order) of the Receiving Party to whom || disclosure is reasonably necessary for this Action and who have signed the || Acknowledgment; 28 (d) the Related Actions plaintiffs’ counsel only as to Protected || Material in or deriving from documents with a Feller, or EFG Bates number if such || Protected Material already has been disclosed to such counsel; 3 (e) the Court and its personnel; 4 (f) court reporters and their staff; 5 (g) professional jury or trial consultants, mock jurors, and Professional || Vendors to whom disclosure is reasonably necessary for this Action and who have || signed the Acknowledgment; 8 (h) the author or recipient of a document containing the information or || a custodian or other person who otherwise possessed or knew the information; 10 (i) during their depositions, witnesses, and attorneys for witnesses, in || the Action to whom disclosure is reasonably necessary provided the witness signs || the Acknowledgment; and 13 (j) any mediator or settlement officer, and their supporting personnel, || mutually agreed upon by any of the parties engaged in settlement discussions and || who have signed the Acknowledgment.

16 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 17 PRODUCED IN OTHER LITIGATION 18 If a Party is served with a subpoena or a court order issued in other litigation || that compels disclosure of any information or items designated in this Action as || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES || ONLY” that Party must: 22 (a) promptly notify in writing the Designating Party. Such notification shall || include a copy of the subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena or order to || issue in the other litigation that some or all of the material covered by the subpoena || or order is subject to this Protective Order. Such notification shall include a copy of || this Order; 1 (c) cooperate with respect to all reasonable procedures sought to be pursued || by the Designating Party whose Protected Material may be affected; and 3 (d) otherwise comply with any applicable HIPAA rules or regulations with || respect to any response or production in connection with a discovery request or || subpoena.

6 If the Designating Party timely seeks a protective order, the Party served with || the subpoena or court order shall not produce any information designated in this || action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ || EYES ONLY” before a determination by the court from which the subpoena or || order issued, unless the Party has obtained the Designating Party’s permission. The || Designating Party shall bear the burden and expense of seeking protection in that || court of its confidential material and nothing in these provisions should be || construed as authorizing or encouraging a Receiving Party in this Action to disobey || a lawful directive from another court.

15 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 16 PRODUCED IN THIS LITIGATION 17 (a) The terms of this Order are applicable to information produced by a Non- || Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY | CONFIDENTIAL- ATTORNEYS’ EYES ONLY.” Such information produced by || Non-Parties in connection with this litigation is protected by the remedies and relief || provided by this Order. Nothing in these provisions should be construed as || prohibiting a Non-Party from seeking additional protections.

23 (b) In the event that a Party is required, by a valid discovery request, to || produce a Non-Party’s confidential information in its possession, and the Party is || subject to an agreement with the Non-Party not to produce the Non-Party’s || confidential information, then the Party shall: 1 (1) promptly notify in writing the Requesting Party and the Non-Party || that some or all of the information requested is subject to a confidentiality || agreement with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Order in this || Action, the relevant discovery request(s), and a reasonably specific description of || the information requested; and 7 (3) make the information requested available for inspection by the || Non-Party, if requested.

9 (c) If the Non-Party fails to seek a protective order from this court within 21 || days of receiving the notice and accompanying information, the Receiving Party || may produce the Non-Party’s confidential information responsive to the discovery || request. If the Non-Party timely seeks a protective order, the Receiving Party shall || not produce any information in its possession or control that is subject to the || confidentiality agreement with the Non-Party before a determination by the court.

15 |} Absent a court order to the contrary, the Non-Party shall bear the burden and || expense of seeking protection in this court of its Protected Material.

17 |} 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed || Protected Material to any person or in any circumstance not authorized under this || Order, the Receiving Party must immediately (a) notify in writing the Designating || Party of the unauthorized disclosures, (b) use its best efforts to retrieve all || unauthorized copies of the Protected Material, (c) inform the person or persons to || whom unauthorized disclosures were made of all the terms of this Order, and (d) || request such person or persons to execute the Acknowledgment.

25 |} 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 26 PROTECTED MATERIAL 27 When a Producing Party gives notice to Receiving Parties that certain || inadvertently produced material is subject to a claim of privilege or other protection || (e.g., work product immunity), the obligations of the Receiving Parties are those set || forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended || to modify whatever procedure may be established in an e-discovery order that || provides for production without prior privilege review. Pursuant to Federal Rule of || Evidence 502(d) and (e), the parties agree that the inadvertent or unintentional || disclosure by the Producing Party of material that is privileged or subject to other || protection shall not be deemed a waiver in whole or in part of the claim of privilege || or other protection, either as to the specific information disclosed or as to any other || information relating thereto on the same or related subject matter.

10 Upon learning of an inadvertent or unintentional disclosure of privileged || information, the Producing Party shall provide written notice to the parties who || have received such information. If the Receiving Party does not timely challenge || the assertion of privilege, then within ten business days of the date of that written || notice, the documents or materials described in that notice (“Privileged || Documents’) shall be returned to counsel for the Producing Party or destroyed by || the Receiving Party, and in the same time frame, any notes or other writing or || recordings that copy, summarize, reflect, or discuss the content of the Privileged || Documents (“Privileged Notes”) shall be destroyed by the Receiving Party. No use || shall be made of such documents or materials from such inadvertent production || during deposition or at trial, nor shall such documents or materials be provided to || anyone who did not already have access to them prior to the request by the || Producing Party that they be returned.

23 If the Receiving Party intends to challenge the assertion of privilege, it must || provide written notice within this ten-day period explaining the grounds for its || challenge, initiate the dispute resolution process under Local Rule 37.1, and || sequester the Privileged Documents and Privileged Notes.

27 If the Parties cannot resolve a challenge without court intervention, the || Receiving Party may move the Court for an order compelling production of any || Privileged Documents in compliance with Local Rule 37, but the motion shall not || assert as a ground for production the fact of the inadvertent production or || disclosure. Pending the Court’s ruling, the party challenging the assertion of || privilege shall sequester the Privileged Documents and Privileged Notes and shall |} not make any use of such information.

6 |} 12. MISCELLANEOUS 7 12.1 Right to Further Relief. Nothing in this Order abridges the right of any || person to seek its modification by the Court in the future.

9 12.2 Right to Assert Other Objections. By stipulating to the entry of this || Order, no Party waives any right it otherwise would have to object to disclosing or || producing any information or item on any ground not addressed in this Order.

12 || Similarly, no Party waives any right to object on any ground to use in evidence of || any of the material covered by this Protective Order.

14 12.3 Filing Protected Material. A Party that seeks to file under seal any || Protected Material must comply with Local Civil Rule 79-5. Protected Material || may only be filed under seal pursuant to a court order authorizing the sealing of the || specific Protected Material at issue. If a Party’s request to file Protected Material || under seal is denied by the court, then the Receiving Party may file the information || in the public record unless otherwise instructed by the court.

20 || 13. FINAL DISPOSITION 21 After the final disposition of this Action, as defined in Section 4 || (DURATION), within 60 days of a written request by the Designating Party, each || Receiving Party must return all Protected Material to the Producing Party or destroy || such material, except such material that exists on back-up tapes or similar storage || and systems, in which case such material need not be immediately deleted or || destroyed, and instead, should be overwritten and destroyed in the normal course of || business. Until that material is overwritten and destroyed in the normal course of || business, the Receiving Party will take reasonable steps to limit access, if any, to || the persons necessary to conduct routine IT and cybersecurity functions. As used in || this subdivision, “all Protected Material” includes all copies, abstracts, || compilations, summaries, and any other format reproducing or capturing any of the || Protected Material. Whether the Protected Material is returned or destroyed, the || Receiving Party must submit a written certification to the Producing Party (and, if || not the same person or entity, to the Designating Party) by the 60 day deadline that || (1) identifies (by category, where appropriate) all the Protected Material that was || returned or destroyed and (2) affirms that the Receiving Party has not retained any || copies, abstracts, compilations, summaries or any other format reproducing or || capturing any of the Protected Material. Notwithstanding this provision, Counsel || are entitled to retain an archival copy of all pleadings, motion papers, trial, || deposition, and hearing transcripts, legal memoranda, correspondence, deposition || and trial exhibits, expert reports, attorney work product, and consultant and expert || work product, even if such materials contain Protected Material. Any such archival || copies that contain or constitute Protected Material remain subject to this Protective 16 Order as set forth in Section 4 (DURATION).

17 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

18 || Dated: December 18, 2020 ENGSTROM, LIPSCOMB & LACK 20 By: /s/ Steven C. Shuman 21 Andrew facobson 22 Attorneys for Plaintiffs 74 STEVEN DRAEGER and DARA DRAEGER || Dated: December 18, 2020 McDOWELL HETHERINGTON LLP 3 By: /s/ Hutson B. Smelley 4 Hutson B. Smelley Attorneys for Defendant 5 TRANSAMERICA LIFE INSURANCE COMPANY 7 . .

I, Hutson B. Smelley, in accordance with Local Rule 5-4.3.4, attest that all other signatories listed, and on whose behalf this filing is submitted, concur in the filing’s content and have authorized the filing.

Dated: December 18, 2020 /s/ Hutson B. Smelle 12 Hutson B: Smelley 3 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

Dated: December 28, 2020 /S/ 16 HON. GAIL J. STANDISH 17 United States Magistrate Judge l EXHIBIT A 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 I have read in its entirety and understand the Stipulated Protective Order that || was issued by the United States District Court for the Central District of California || on [date] in the case of Steven Draeger and Dara Draeger v. || Transamerica Life Insurance Company, Case No. 2:19-cv-10478-CAS-GJSx. I || agree to comply with and to be bound by all the terms of this Stipulated Protective || Order and I understand and acknowledge that failure to so comply could expose me || to sanctions and punishment in the nature of contempt. I solemnly promise that I |) will not disclose in any manner any information or item that is subject to this || Stipulated Protective Order to any person or entity except in strict compliance with || the provisions of this Stipulated Protective Order. I further agree to submit to the || jurisdiction of the United States District Court for the Central District of California || for enforcing the terms of this Stipulated Protective Order, even if such || enforcement proceedings occur after termination of this action. I hereby appoint 18 [print or type full name] of 19 [print or type full address and || telephone number] as my California agent for service of process in connection with || this action or any proceedings related to enforcement of this Stipulated Protective || Order.

24 || Date: |) City and State where sworn and signed: || Printed name: || Signature: