1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 VIESTURS PETERSONS, Case No. 2:20-cv-00661-CAS-GJSx 12 || individually, ORDER GRANTING 13 Plaintiff, TIPULSTED PROTECTIVE ORDER 14 || vy. 1S || TRANSAMERICA LIFE INSURANCE COMPANY, an Iowa 16 Corporation: and DOES 1 THROUGH 7 10, INCLUSIVE, Defendants. 18 19 20 21 22 23 24 25 26 27 28

1} 4. PURPOSES AND LIMITATIONS/GOOD CAUSE STATEMENT 2 Discovery in this action is likely to involve production of confidential and 3 || proprietary actuarial, business, technical, and financial information as well as private 4 || information of Plaintiff Viesturs Petersons (“Plaintiff”) or the insured for which 5 || special protection from public disclosure and from use for any purpose other than 6 || prosecuting this litigation may be warranted. Accordingly, Plaintiff and Defendant 7 || Transamerica Life Insurance Company (“TLIC”) hereby stipulate to and petition the 8 || Court to enter the following Stipulated Protective Order (“Order”). The parties 9 || acknowledge that this Order does not confer blanket protections on all disclosures or 10 || responses to discovery and that the protection it affords from public disclosure and I1 || use extends only to the limited information or items that are entitled to confidential 12 || treatment under the applicable legal principles. The parties further acknowledge, as 13 || set forth in Section 12.3 (Filing Protected Material), below, that this Protective Order 14 || does not entitle them to file confidential information under seal; Local Civil Rule 79- 15 || 5 and the Court’s Guide to Electronically Filing Under Seal Documents in Civil 16 || Cases set forth the procedures that must be followed and the standards that will be 17 || applied when a party seeks permission from the Court to file material under seal. 18 There is a strong presumption that the public has a right of access to judicial 19 || proceedings and records in civil cases. In connection with non-dispositive motions, 20 || good cause must be shown to support a filing under seal. See Kamakana v. City and 21 || County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. Motors 22 || Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 23 || Inc.,

(E.D. Wis. 1999) (even stipulated protective orders require 24 || good cause showing), and a specific showing of good cause or compelling reasons 25 || with proper evidentiary support and legal justification, must be made with respect to 26 || Protected Material that a party seeks to file under seal. The parties’ mere designation 27 || of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY 28 || CONFIDENTIAL-ATTORNEYS’ EYES ONLY does not—without the submission

| || of competent evidence by declaration, establishing that the material sought to be filed 2 || under seal qualifies as confidential, privileged, or otherwise protectable—constitute 3 || good cause. 4 Further, if a party requests sealing related to a dispositive motion or trial, then 5 || compelling reasons, not only good cause, for the sealing must be shown, and the 6 || relief sought shall be narrowly tailored to serve the specific interest to be protected. 7 || See Pintos v. Pacific Creditors Ass'n,

(9th Cir. 2010). For each 8 || item or type of information, document, or thing sought to be filed or introduced under 9 || seal in connection with a dispositive motion or trial, the party seeking protection must 10 || articulate compelling reasons, supported by specific facts and legal justification, for 11 || the requested sealing order. Again, competent evidence supporting the application 12 || to file documents under seal must be provided by declaration. 13 Any document that is not confidential, privileged, or otherwise protectable in 14 || its entirety will not be filed under seal if the confidential portions can be redacted. If 15 || documents can be redacted, then a redacted version for public viewing, omitting only 16 || the confidential, privileged, or otherwise protectable portions of the document, shall 17 || be filed. Any application that seeks to file documents under seal in their entirety 18 || should include an explanation of why redaction is not feasible. 19 || 2. DEFINITIONS 20 2.1 Acknowledgment: the “Acknowledgment and Agreement to be 21 || Bound” form attached as Exhibit A to this Order. 22 2.2 Action: Viesturs Petersons, individually v. Transamerica Life 23 || Insurance Company, et al. Case No. 2:20-cv-00661-CAS-GJSx. 24 2.3. Challenging Party: A Party or Non-Party that challenges the designation 25 || of information or items under this Order. 26 2.4 “CONFIDENTIAL” Information or Items: Confidential proprietary or 27 || commercially sensitive business and financial information, trade secrets, and 28 || 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 2 || otherwise meets the standard for protection set forth in Rule 26(c) of the Federal 3 || Rules of Civil Procedure. It is the intent of the parties that information will not be 4 || designated as confidential for tactical reasons and that nothing be so designated 5 || without a good faith belief that it has been maintained in a confidential non-public 6 || manner, and there is good cause why it should not be part of the public record of this 7 || Action. 8 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 9 || their support staff). 10 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 12 || as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES 13 | ONLY.” 14 2.7 Disclosure or Discovery Material: All items or information, regardless 15 || of the medium or manner in which it is generated, stored, or maintained (including, 16 || among other things, testimony, transcripts, and tangible things), that are produced or 17 || generated in disclosures or responses to discovery in this matter. 18 2.8 Expert: A person with specialized knowledge or experience in a matter 19 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 20 || an expert witness or as a consultant in this Action and who is not a past or current 21 || employee of a Party or a current employee of a Party’s competitor and who, at the 22 || time of retention, is not anticipated to become an employee of a Party or a competitor 23 || of a Party. This definition includes a professional jury or trial consultant retained in 24 | connection with this litigation. 25 2.9 “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES □ ONLY” 26 || Information or Items: Extremely sensitive “Confidential Information or Items,” 27 || disclosure of which to another Party or Non-Party would create a substantial risk of 28 || serious harm that could not be avoided by less restrictive means.

2.10 House Counsel: Attorneys who are employees for a Party or of an entity 2 || that owns an interest in a Party and is responsible for controlling or directing the 3 || litigation. House Counsel does not include Outside Counsel of Record or any other 4 || outside counsel. 5 2.11 Non-Party: Any natural person, partnership, corporation, association, or 6 || other legal entity not named as a Party to this action. 7 2.12 Outside Counsel of Record: Attorneys who are not employees of a party 8 || to this Action but are retained to represent or advise a party to this Action and have 9 || appeared in this Action on behalf of that party or are affiliated with a law firm that 10 || has appeared on behalf of that party, including support staff. 1 2.13 Party: Any party to this Action, including its House Counsel, officers, 12 || directors, employees, consultants, and retained experts. 13 2.14 Parent: An entity that owns, or conducts the business affairs of, the 14 || Receiving Party and is responsible for controlling and directing the litigation. 15 2.15 Producing Party: A Party or Non-Party that produces Disclosure or 16 || Discovery Material in this Action. 17 2.16 Professional Vendors: Persons or entities that provide litigation support 18 || services (e.g., photocopying, videotaping, translating, preparing exhibits or 19 || demonstrations, and organizing, storing or retrieving data in any form or medium) 20 || and their employees and subcontractors. 21 2.17 Protected Material: Any Disclosure or Discovery Material that is 22 || designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ 23 || EYES ONLY.” 24 2.18 Receiving Party: A Party that receives Disclosure or Discovery 25 || Material from a Producing Party. 263. SCOPE 27 The protections conferred by this Order cover not only Protected Material (as 28 || defined above), but also (1) any information copied or extracted from Protected

| || Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 2 || and (3) any testimony, conversations, or presentations by Parties or their Counsel or 3 || their Experts that might reveal Protected Material. Any use of Protected Material at 4 || trial shall be governed by the orders of the trial judge. This Order does not govern 5 || the use of Protected Material at trial. 6 || 4. DURATION 7 FINAL DISPOSITION of the action is defined as the conclusion of any 8 || appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 9 || has run. Except as set forth below, the terms of this Order apply through FINAL 10 || 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 12 || file a separate action for enforcement of the agreement once FINAL DISPOSITION 13 || of the action occurs. 14 Once a case proceeds to trial, information that was designated as 15 || CONFIDENTIAL, HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY, or 16 || maintained pursuant to this protective order used or introduced as an exhibit at trial 17 || becomes public and will be presumptively available to all members of the public, 18 || including the press, unless compelling reasons supported by specific factual findings 19 || to proceed otherwise are made to the trial judge in advance of the trial. See 20 || Kamakana,

(distinguishing “good cause” showing for sealing 21 || documents produced in discovery from “compelling reasons” standard when merits- 22 || related documents are part of court record). Accordingly, the terms of this protective 23 || order do not extend beyond the commencement of the trial. 24 | 5. DESIGNATING PROTECTED MATERIAL 25 5.1 Exercise of Restraint and Care in Designating Material for Protection. 26 || Each Party or Non-Party that designates information or items for protection under 27 || this Order must take care to limit any such designation to specific material that 28 || 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, 2 || documents, items or oral or written communications that qualify so that other 3 || portions of the material, documents, items or communications for which protection 4 || is not warranted are not swept unjustifiably within the ambit of this Order. 5 While mass, indiscriminate or routinized designations are prohibited, the 6 || Parties recognize that manually analyzing and designating large numbers of 7 || documents one-by-one for confidentiality can be an unduly burdensome task. The 8 || Parties agree that each Party may reasonably rely on metadata information and good- 9 || faith searches to designate documents for protection. Designations that are shown to 10 || be clearly unjustified or that have been made for an improper purpose (e.g., to 11 || unnecessarily encumber the case development process or to impose unnecessary 12 || expenses and burdens on other parties) may expose the Designating Party to 13 || sanctions. 14 If it comes to a Designating Party’s attention that information or items that it 15 || designated for protection do not qualify for protection, that Designating Party must 16 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 17 5.2 Manner and Timing of Designations. Except as otherwise provided in 18 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 19 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 20 || under this Order must be clearly so designated before the material is disclosed or 21 || produced. Designation in conformity with this Order requires: 22 (a) for information in documentary form (e.g., paper or electronic 23 || documents, but excluding transcripts of depositions or other pretrial or trial 24 || proceedings), that the Producing Party affix at a minimum, the legend 25 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES 26 || ONLY”, to each page that contains protected material. If only a portion of the 27 || material on a page qualifies for protection, the Producing Party also must clearly 28 || identify the protected portion(s) (e.g., by making appropriate markings in the

! || margins). 2 A Party or Non-Party that makes original documents available for inspection 3 || need not designate them for protection until after the inspecting Party has indicated 4 || which documents it would like copied and produced. During the inspection and 5 || before the designation, all of the material made available for inspection shall be 6 || deemed “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES ONLY.” After the 7 || inspecting Party has identified the documents it wants copied and produced, the 8 || Producing Party must determine which documents, or portions thereof, qualify for 9 || protection under this Order. Then, before producing the specified documents, the 10 || Producing Party must affix the legend “CONFIDENTIAL” or “HIGHLY 11 || CONFIDENTIAL-ATTORNEYS’ EYES ONLY” to each page that contains 12 || Protected Material. If only a portion of the material on a page qualifies for protection, 13 || the Producing Party also must clearly identify the protected portion(s) (e.g., by 14 || making appropriate markings in the margins). 15 (b) any Party may designate as Protected Material testimony given in a 16 || deposition or in other pretrial or trial proceedings by informing the reporter during 17 || the deposition or by sending a letter to all Outside Counsel of Record and to the 18 || deposition reporter designating by page and line any portions of the transcript to be 19 || so restricted, or the entire transcript if applicable, within thirty (30) days after 20 || receiving the deposition transcript and specifying the level of protection being 21 || asserted. 22 During this 30-day period, a transcript will be treated as if it had been 23 || designated “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES ONLY” in its 24 || entirety unless otherwise agreed. After the expiration of that period, the transcript 25 || shall be treated only as actually designated. 26 When deposition testimony is designated Protected Material by informing the 27 || reporter during the deposition, the transcript containing Protected Material shall have 28 || 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 2 || appropriate) that have been designated as Protected Material and the level of 3 || protection being asserted by the Designating Party. The Designating Party shall 4 || inform the court reporter of these requirements. 5 Parties shall give the other parties notice if they reasonably expect a deposition, 6 || hearing, or other proceeding to include Protected Material so that the other parties 7 || can ensure that only authorized individuals who have signed the Acknowledgment 8 || are present at those proceedings. The use of a document as an exhibit at a deposition 9 || shall not in any way affects its designation as “CONFIDENTIAL” or “HIGHLY 10 || CONFIDENTIAL- ATTORNEYS’ EYES ONLY.” 11 (c) for information produced in some form other than documentary and 12 || for any other tangible items, that the Producing Party affix in a prominent place on 13 || the exterior of the container or containers in which the information is stored the 14 || legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES 15 || ONLY.” If only a portion or portions of the information warrants protection, the 16 || Producing Party, to the extent practicable, shall identify the protected portion(s). 17 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 18 || failure to designate qualified information or items does not, standing alone, waive 19 || the Designating Party’s right to secure protection under this Order for such material. 20 || Upon timely correction of a designation, the Receiving Party must make reasonable 21 || efforts to assure that the material is treated in accordance with the provisions of this 22 || Order. 23 5.4 Protected Health Information. Additionally, certain Confidential 24 || Information or Items may be Protected Health Information (“PHI”) as defined by the 25 || Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the 26 || regulations promulgated thereunder at 45 CFR 160.103. Without limiting the 27 || generality of the foregoing, “PHI” includes, but is not limited to, health information, 28 || 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 2 || individual, or (c) the payment for care provided to an individual, which identifies the 3 || individual or which reasonably could be expected to identify an individual. All 4 || “covered entities” (as defined by 45 CFR 160.103) are hereby authorized to disclose 5 || PHI to all attorneys now of record in this Action or who may become of record in the 6 || future in this Action. Subject to the Federal Rules of Civil Procedure, and without 7 || prejudice to any Party’s objection except as otherwise provided herein, the Parties 8 || are authorized to receive, subpoena, transmit, or disclose PHI relevant to the claims 9 || at issue in this Action, subject to all terms of this Order. All PHI disclosed under this 10 || Order must be designated as Confidential Information pursuant to this Order. A I1 || Receiving Party which receives PHI in discovery shall not use or disclose such PHI 12 || for any purpose other than this Action. To the extent documents or information 13 || produced in this Action have already been exchanged or will again be exchanged 14 || between the Parties in the normal course of business, treatment of such documents 15 || prior to or after the conclusion of this Action shall be governed by this Order. 16 5.5 Specific Provisions Concerning the Disclosure of Personally 17 || Identifiable Information (“PH”). When PII (e.g., names, addresses, Social Security 18 || numbers, phone numbers, etc.) is disclosed between the Parties as authorized by 19 || this Order, the PII of any individuals whose claims are not at issue in this lawsuit 20 || and who are otherwise identified in the Discovery Material may either be redacted 21 || to protect the identity of such individuals, or produced without redactions. Upon 22 || receipt of any PII, a Receiving Party shall take all reasonable measures necessary 23 || for protecting the PII from unauthorized disclosure as required under both state and 24 || federal law. 25 |! 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS. 26 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 27 || designation of confidentiality at any time that is consistent with the Court’s 28 || Scheduling Order. Unless a prompt challenge to a Designating Party’s

| || confidentiality designation is necessary to avoid foreseeable, substantial unfairness, 2 || unnecessary economic burdens, or a significant disruption or delay of the litigation, 3 || a Party does not waive its right to challenge a confidentiality designation by electing 4 || not to mount a challenge promptly after the original designation is disclosed. 5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 || resolution process under Local Rule 37-1. In conferring, the Challenging Party must 7 || explain the basis for its belief that the confidentiality designation was not proper and 8 || must give the Designating Party an opportunity to review the designated material, to 9 || reconsider the circumstances, and, if no change in designation is offered, to explain 10 || the basis for the chosen designation. 11 6.3 The burden of persuasion in any such challenge proceeding shall be on 12 || the Designating Party. Frivolous designations or challenges, and those designations 13 || or challenges made for an improper purpose (e.g., to harass or impose unnecessary 14 || expenses and burdens on other parties) may expose the respective Designating Party 15 || or Challenging Party to sanctions. Unless the Designating Party has waived or 16 || withdrawn the confidentiality designation, all parties shall continue to afford the 17 || material in question the level of protection to which it is entitled under the 18 || Designating Party’s designation until the Court rules on the challenge. 19/7. ACCESS TO AND USE OF PROTECTED MATERIAL 20 7.1. Basic Principles. A Receiving Party may use Protected Material that is 21 || disclosed or produced by another Party or by a Non-Party in connection with this 22 || Action only for prosecuting, defending or attempting to settle this Action. Such 23 || Protected Material may be disclosed only to the categories of persons and under the 24 || conditions described in this Order. When the Action has been terminated, a 25 || Receiving Party must comply with the provisions of section 13 below (FINAL 26 || DISPOSITION). Protected Material must be stored and maintained by a Receiving 27 || Party at a location and in a secure manner that ensures that access is limited to the 28 || persons authorized under this Order.

7.2 Disclosure “CONFIDENTIAL” Information or Items. Unless 2 || otherwise ordered by the Court or permitted in writing by the Designating Party, a 3 || Receiving Party may disclose any information or item designated 4 || “CONFIDENTIAL.” only to: 5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 6 || well as employees of said Outside Counsel of Record to whom it is reasonably 7 || necessary to disclose the information for this Action; 8 (b) the Receiving Party, including officers, directors, and employees 9 || Gncluding House Counsel) of the Receiving Party to whom disclosure is reasonably 10 || necessary for this Action; 11 (c) the Receiving Party’s Parents’ officers, directors, employees, or 12 || consultants, advisors, insurers and/or reinsurers (1) to whom disclosure is reasonably 13 || necessary for this Action, and (2) who have signed the Acknowledgment; 14 (d) Experts (as defined in this Order) of the Receiving Party to whom 15 || disclosure is reasonably necessary for this Action and who have signed the 16 || Acknowledgment; 17 (e) the Court and its personnel; 18 (f) court reporters and their staff; 19 (g) professional jury or trial consultants, mock jurors, and Professional 20 || Vendors to whom disclosure is reasonably necessary for this Action and who have 21 || signed the Acknowledgment; 22 (h) the author or recipient of a document containing the information or 23 || a custodian or other person who otherwise possessed or knew the information; 24 (1) during their depositions, witnesses, and attorneys for witnesses, in 25 || the Action to whom disclosure is reasonably necessary provided: (1) the deposing 26 || party requests that the witness sign the Acknowledgment; and (2) they will not be 27 || permitted to keep any confidential information unless they sign the 28 || Acknowledgment, unless otherwise agreed by the Designating Party or ordered by

| || the Court; and 2 (j) any mediator or settlement officer, and their supporting personnel, 3 || mutually agreed upon by any of the parties engaged in settlement discussions and 4 || who have signed the Acknowledgment. 5 7.3 Disclosure of “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES 6 || ONLY Information or Items. Unless otherwise ordered by the Court or permitted in 7 || writing by the Designating Party, a Receiving Party may disclose any information or 8 || item designated “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES ONLY” only 9 || to: 10 (a) the Receiving Party’s Outside Counsel of Record in this Action, as I1 || 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) House Counsel and up to five additional officers, directors, 14 || employees, consultants, advisors, insurers and/or reinsurers of TLIC if it is a 15 || Receiving Party, or Plaintiffs, combined, if they are a receiving party, to whom 16 || disclosure is reasonably necessary for this Action and who have signed the 17 || “Acknowledgment and Agreement to be Bound” (Exhibit A). A House Counsel who 18 || is a member of the Bar of any state in the United States need not sign the 19 || Acknowledgment. 20 (c) Experts (as defined in this Order) of the Receiving Party to whom 21 || disclosure is reasonably necessary for this Action and who have signed the 22 || Acknowledgment; 23 (d) the Court and its personnel; 24 (e) court reporters and their staff; 25 (f) professional jury or trial consultants, mock jurors, and Professional 26 || Vendors to whom disclosure is reasonably necessary for this Action and who have 27 || signed the Acknowledgment; 28 (g) the author or recipient of a document containing the information or

1 || a custodian or other person who otherwise possessed or knew the information; 2 (h) during their depositions, witnesses, and attorneys for witnesses, in 3 || the Action to whom disclosure is reasonably necessary provided the witness signs 4 || the Acknowledgment; and 5 (i) any mediator or settlement officer, and their supporting personnel, 6 || mutually agreed upon by any of the parties engaged in settlement discussions and 7 || who have signed the Acknowledgment. 8 | 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 9 PRODUCED IN OTHER LITIGATION 10 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 12 | “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES 13 || ONLY” that Party must: 14 (a) promptly notify in writing the Designating Party. Such notification shall 15 || include a copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or order to 17 || issue in the other litigation that some or all of the material covered by the subpoena 18 || or order is subject to this Protective Order. Such notification shall include a copy of 19 | this Order; 20 (c) cooperate with respect to all reasonable procedures sought to be pursued 21 || by the Designating Party whose Protected Material may be affected; and 22 (d) otherwise comply with any applicable HIPAA rules or regulations with 23 || respect to any response or production in connection with a discovery request or 24 || subpoena. 25 If the Designating Party timely seeks a protective order, the Party served with 26 || the subpoena or court order shall not produce any information designated in this 27 || action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ 28 || 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 2 || Designating Party shall bear the burden and expense of seeking protection in that 3 || court of its confidential material and nothing in these provisions should be construed 4 || as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 5 || directive from another court. 6/9. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 7 PRODUCED IN THIS LITIGATION 8 (a) The terms of this Order are applicable to information produced by a Non- 9 || Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 10 || CONFIDENTIAL- ATTORNEYS’ EYES ONLY.” Such information produced by || Non-Parties in connection with this litigation is protected by the remedies and relief 12 || provided by this Order. Nothing in these provisions should be construed as 13 || prohibiting a Non-Party from seeking additional protections. 14 (b) In the event that a Party is required, by a valid discovery request, to produce 15 || a Non-Party’s confidential information in its possession, and the Party is subject to 16 || an agreement with the Non-Party not to produce the Non-Party’s confidential 17 || information, then the Party shall: 18 (1) promptly notify in writing the Requesting Party and the Non-Party 19 || that some or all of the information requested is subject to a confidentiality agreement 20 || with a Non-Party; 21 (2) promptly provide the Non-Party with a copy of the Order in this 22 || Action, the relevant discovery request(s), and a reasonably specific description of the 23 || information requested; and 24 (3) make the information requested available for inspection by the Non- 25 || Party, if requested. 26 (c) If the Non-Party fails to seek a protective order from this court within 21 27 || days of receiving the notice and accompanying information, the Receiving Party may 28 || 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 2 || not produce any information in its possession or control that is subject to the 3 || confidentiality agreement with the Non-Party before a determination by the court. 4 || Absent a court order to the contrary, the Non-Party shall bear the burden and expense 5 || of seeking protection in this court of its Protected Material. 6 || 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 8 || Protected Material to any person or in any circumstance not authorized under this 9 || Order, the Receiving Party must immediately (a) notify in writing the Designating 10 || Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 11 || unauthorized copies of the Protected Material, (c) inform the person or persons to 12 || whom unauthorized disclosures were made of all the terms of this Order, and (d) 13 || request such person or persons to execute the Acknowledgment. 14/11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 15 PROTECTED MATERIAL 16 When a Producing Party gives notice to Receiving Parties that certain 17 || inadvertently produced material is subject to a claim of privilege or other protection 18 || (e.g., work product immunity), the obligations of the Receiving Parties are those set 19 || forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended 20 || to modify whatever procedure may be established in an e-discovery order that 21 || provides for production without prior privilege review. Pursuant to Federal Rule of 22 || Evidence 502(d) and (ec), the parties agree that the inadvertent or unintentional 23 || disclosure by the Producing Party of material that is privileged or subject to other 24 || protection shall not be deemed a waiver in whole or in part of the claim of privilege 25 || or other protection, either as to the specific information disclosed or as to any other 26 || information relating thereto on the same or related subject matter. 27 Upon learning of an inadvertent or unintentional disclosure of privileged 28 || 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 2 || assertion of privilege, then within ten business days of the date of that written notice, 3 || the documents or materials described in that notice (“Privileged Documents”) shall 4 || be returned to counsel for the Producing Party or destroyed by the Receiving Party, 5 || and in the same time frame, any notes or other writing or recordings that copy, 6 || summarize, reflect, or discuss the content of the Privileged Documents (“Privileged 7 || Notes”) shall be destroyed by the Receiving Party. No use shall be made of such 8 || documents or materials from such inadvertent production during deposition or at 9 || trial, nor shall such documents or materials be provided to anyone who did not 10 || already have access to them prior to the request by the Producing Party that they be 11 || returned. 12 If the Receiving Party intends to challenge the assertion of privilege, it must 13 || provide written notice within this ten-day period explaining the grounds for its 14 || challenge, initiate the dispute resolution process under Local Rule 37.1, and sequester 15 || the Privileged Documents and Privileged Notes. 16 If the Parties cannot resolve a challenge without court intervention, the 17 || Receiving Party may move the Court for an order compelling production of any 18 || Privileged Documents in compliance with Local Rule 37, but the motion shall not 19 || assert as a ground for production the fact of the inadvertent production or disclosure. 20 || Pending the Court’s ruling, the party challenging the assertion of privilege shall 21 || sequester the Privileged Documents and Privileged Notes and shall not make any use 22 || of such information. 23 || 12. MISCELLANEOUS 24 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 25 || person to seek its modification by the Court in the future. 26 12.2 Right to Assert Other Objections. By stipulating to the entry of this 27 || Order, no Party waives any right it otherwise would have to object to disclosing or 28 || producing any information or item on any ground not addressed in this Order.

1 || Similarly, no Party waives any right to object on any ground to use in evidence of 2 || any of the material covered by this Protective Order. 3 12.3 Filing Protected Material. A Party that seeks to file under seal any 4 || Protected Material must comply with Local Civil Rule 79-5. Protected Material may 5 || only be filed under seal pursuant to a court order authorizing the sealing of the 6 || specific Protected Material at issue. If a Party’s request to file Protected Material 7 || under seal is denied by the court, then the Receiving Party may file the information 8 || in the public record unless otherwise instructed by the court. 9] 13. FINAL DISPOSITION 10 After the final disposition of this Action, as defined in Section 4 11 || (DURATION), within 60 days of a written request by the Designating Party, each 12 || Receiving Party must return all Protected Material to the Producing Party or destroy 13 || such material, except such material that exists on back-up tapes or similar storage 14 || and systems, in which case such material need not be immediately deleted or 15 || destroyed, and instead, should be overwritten and destroyed in the normal course of 16 || business. Until that material is overwritten and destroyed in the normal course of 17 || business, the Receiving Party will take reasonable steps to limit access, if any, to the 18 || persons necessary to conduct routine IT and cybersecurity functions. As used in this 19 || 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

|| 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 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 || Dated: June 18, 2021 DINSMORE & SANDELMANN, LLP 8 9 By: /s/Brennan Mitch Frank Sandelmann Brennan Mitch 10 1] Attomeys for Plaintiff 2 VIESTURS PETERSONS 3 Dated: June 18, 2021 McDOWELL HETHERINGTON LLP 14 1 By: /s/ Kendall Burr 5 Kendall J. Burr 16 Attorney for Defendant TRANSAMERICA LIFE INSURANCE 7 COMPANY 18 19 I, Kendall Burr, in accordance with Local Rule 5-4.3.4, attest that all other 20 || signatories listed, and on whose behalf this filing is submitted, concur in the filing’s 21 || content and have authorized the filing. 22 23 || Dated: June 18, 2021 /s/ Kendall Burr Kendall J. Burr 24 25 FOR GOOD CAUSE SHOWN, IT IS SO{ORDERED. 26 27 || Dated: June 22, 2021 28 HON. GAIL J. STANDISH United States Magistrate Judge

1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 I, [print or type full name], of 4 [print or type full address], declare under penalty of perjury 5 || that I have read in its entirety and understand the Stipulated Protective Order that 6 || was issued by the United States District Court for the Central District of California 7 || on [date] in the case of Viesturs Petersons, individually, v. g || Transamerica Life Insurance Company, et al., Case No. 2:20-cv-00661-CAS-GJSx. g || L agree to comply with and to be bound by all the terms of this Stipulated Protective 19 || Order and I understand and acknowledge that failure to so comply could expose me 11 || to sanctions and punishment in the nature of contempt. I solemnly promise that I 12 || will not disclose in any manner any information or item that is subject to this 13 || Stipulated Protective Order to any person or entity except in strict compliance with 14 || the provisions of this Stipulated Protective Order. I further agree to submit to the 15 || Jurisdiction of the United States District Court for the Central District of California 16 || for enforcing the terms of this Stipulated Protective Order, even if such 17 || 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 909 || telephone number] as my California agent for service of process in connection with 91 || this action or any proceedings related to enforcement of this Stipulated Protective 97 || Order. 23 Date: 5 || City and State where sworn and signed: 96 || Printed name: 97 || Signature: 28