Bahrikyan v. Transamerica Life Ins. Co.

1 || Kevin W. Harris (SBN 133084) Attorney at Law || 1387 Garden HWy2 Ste. 200 Sacramento CA 95833 || Telephone: 916.271.0688 Facsimile: 855.800.4454 Attorney for Plaintiff ZOHRAB BAHRIKYAN || John T. Burnite een 16223) McDOWELL HETHERINGTON LLP || 1999 Harrison Street, Suite 2050 Oakland, CA 94612 || Telephone: 510.628.2145 Facimile: 510.628.2146 || Email: [email protected] || Jarrett E. Ganer (Admitted Pro Hac Vice) Micah A. Grodin (dmitted Pro Hac rice) | MCDOWELL HETHERINGTON LL 1001 Fannin Street, Suite 2700 || Houston, TX 77002 Telephone: 713-337-5580 || Facsimile: 713-337-8850 Email: jarrett. [email protected] |) Email: [email protected] IS || Attorneys for Defendant || FRANSAMERICA LIFE INSURANCE COMPANY UNITED STATES DISTRICT COURT 1? EASTERN DISTRICT OF CALIFORNIA ZOHRAB BAHRIKYAN, No. 2:22-cv-0894 MCE DB Plaintiff, STIPULATED PROTECTIVE 22 ORDER V. TRANSAMERICA LIFE INSURANCE ||COMPANY and DOES | through 40, inclusive, Defendants.

STIPULATED PROTECTIVE ORDER 1. PURPOSES AND LIMITATIONS/GOOD CAUSE STATEMENT 2 Disclosure and discovery activity in this action are likely to involve production || of confidential and proprietary actuarial, business, technical, and financial || information from Transamerica Life Insurance Company (“TLIC”) as well as private || information of Plaintiff Zohrab Bahrikyan 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, Plaintiff 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 Rule 141 sets 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. Nothing in this order || shall limit the testimony of parties or non-parties, or the use of certain documents, at }| any court hearing or trial. Such determinations will only be made by the court at the || hearing or trial, or upon an appropriate motion.

21 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. 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. oo PAGEIT—STIPULATED PROTECTIVE □□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 2. DEFINITIONS 2 2.1 Acknowledgment: the “Acknowledgment and Agreement to be Bound” || form attached as Exhibit A to this Order.

4 2.2 Action: Zohrab Bahrikyan v. Transamerica Life Insurance Company, |} Case No. 2:22-cv-00894-MCE-DB.

6 2.3 Challenging Party: A party or non-party that challenges the designation || of information or items under this Order.

8 2.4 “CONFIDENTIAL” Information or Items: Confidential and proprietary || actuarial, business, technical, and financial information from TLIC as well as private || information of Plaintiff Zohrab Bahrikyan or the insured which is not generally || known or publicly available and which the designating party would not normally || reveal to third parties or information (regardless of how it is generated, stored, or || maintained) that otherwise meets the standard for protection set forth in Rule 26© 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.

19 2.5 Counsel (without qualifier): Outside Counsel of Record and House || Counsel (as well as their support staff).

21 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.”

24 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.

So PAGE STIPULATED PROTECTIVE ORDER □□□□□□□□□□□□□□□□□□□□□□□□ 1 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. This definition includes a || professional jury or trial consultant retained in connection with this litigation.

5 2.9 House Counsel: Attorneys who are employees for a Party. House || Counsel does not include Outside Counsel of Record or any other outside counsel.

7 2.10 Non-Party: Any natural person, partnership, corporation, association, or || other legal entity not named as a Party to this action.

9 2.11 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.

13 2.12 Party: Any party to this Action, including its officers, directors, || employees, consultants, retatned experts, House Counsel, and Outside Counsel of || Record (and their support staffs).

16 2.13 Producing Party: A Party or Non-Party that produces Disclosure or || Discovery Material in this Action.

18 2.14 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.

22 2.15 Protected Material: Any Disclosure or Discovery Material that is || designated as “CONFIDENTIAL.”

24 2.16 Receiving Party: A Party that receives Disclosure or Discovery Material || from a Producing Party.

263. SCOPE 27 The protections conferred by this Order cover not only Protected Material (as || defined above), but also (1) any information copied or extracted from Protected oo PAGE3— STIPULATED PROTECTIVE ORDER □□□□□□□□□□□□□□□□□□□□□□□□□ || 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. However, the protections || conferred by this Order do not cover the following information: (a) any information || that is in the public domain at the time of disclosure to a Receiving Party or becomes || part of the public domain after its disclosure to a Receiving Party as a result of || publication not involving a violation of this Order, including become part of the || public record through trial or otherwise; and (b) any information known to the || Receiving Party prior to the disclosure or obtained by the Receiving Party after the || disclosure from a source who obtained the information lawfully and under no || obligation of confidentiality to the Designating Party. Any use of Protected Material || at trial shall be governed by a separate agreement or order of the trial judge. This |} Order does not govern the use of Protected Material at trial.

14]4. DURATION 15 FINAL DISPOSITION shall be deemed to be the later of (1) dismissal of all || claims and defenses in this action, with or without prejudice; and (2) final judgment || herein after the completion and exhaustion of all appeals, rehearings, remands, trial, || or reviews of this action, including the time limits for filing any motions or || applications for extension of time pursuant to applicable law. 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.

24 || Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over || enforcement of the terms of this Protective Order after final disposition.

26 DESIGNATING PROTECTED MATERIAL 27 5.1 Exercise of Restraint and Care in Designating Material for Protection.

28 || Each Party or Non-Party that designates information or items for protection under oo PAGE4— STIPULATED PROTECTIVE ORDER □□□□□□□□□□□□□□□□□□□□□□□□□□ || 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.

7 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.

16 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.

19 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: 24 (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 the legend “CONFIDENTIAL” to each || page that contains protected material. If only a portion or portions of the material on oo PAGES— STIPULATED PROTECTIVE □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ || 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).

3 A Party or Non-Party that makes original documents or materials available for || inspection need not designate them for protection until after the inspecting Party has || indicated which materials it would like copied and produced. During the inspection || and before the designation, all of the material made available for inspection shall be || deemed “CONFIDENTIAL.” 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 || “CONFIDENTIAL” legend to each page that contains Protected Material. If only a || portion or portions 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).

15 (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.

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

24 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 oo PAGE6— STIPULATED PROTECTIVE ORDER □□□□□□□□□□□□□□□□□□□□□□□ || appropriate) that have been designated as Protected Material. The Designating Party || shall inform the court reporter of these requirements.

3 (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.” If only a portion or portions of the information warrants || protection, the Producing Party, to the extent practicable, shall identify the protected || portion(s).

9 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.

12 || 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.

15 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 C.F.R. § 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 C.F.R. § 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 So PAGE STIPULATED PROTECTIVE ORDER □□□□□□□□□□□□□□□□□□□□□□□ || 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. 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.

9 5.5 Specific Provisions Concerning the Disclosure Personally || Identifiable Information (“PI’’). When PII (e.g., names, addresses, Social Security || numbers, phone numbers, etc.) is 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.

18 | 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS.

19 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.

26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute || resolution process by providing written notice of each designation it is challenging || and describing the basis for each challenge. To avoid ambiguity as to whether a oo PAGE 8— STIPULATED PROTECTIVE ORDER □□□□□□□□□□□□□□□□□□□□□□□□□□□ || challenge has been made, the written notice must recite that the challenge to || confidentiality is being made in accordance with this specific paragraph of the || Protective Order. The parties shall attempt to resolve each challenge in good faith || and must begin the process by conferring directly (in voice-to-voice dialogue; other || forms of communication are not sufficient) within 14 days of the date of service of || notice. 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. A Challenging Party may proceed to the next stage of the challenge || process only if it has engaged in this meet and confer process first or establishes that || the Designating Party is unwilling to participate in the meet and confer process in a || timely manner.

14 6.3. Judicial Intervention. If the Parties cannot resolve a challenge without || court intervention, the Designating Party shall file and serve a motion to retain || confidentiality under Local Rule 251 within 21 days of the initial notice of challenge || or within 14 days of the parties agreeing that the meet and confer process will not || resolve their dispute, whichever is earlier. Each such motion shall comply with the || undersigned’s standard information. Failure by the Designating Party to make such || a motion within 21 days (or 14 days, if appliable) shall automatically waive the || confidentiality designation for each challenged designation. In addition, the || Challenging Party may file a motion challenging a confidentiality designation at any || time if there is good cause for doing so, including a challenge to the designation of a || deposition transcript or any portions thereof. Any motion brought pursuant to this || provision must be accompanied by a competent declaration affirming that the movant || has complied with the meet and confer requirements imposed by the preceding || paragraph. Absent a showing of good cause, the court will not hear discovery || disputes on an ex parte basis or on shortened time.

So PAGE9— STIPULATED PROTECTIVE ORDER □□□□□□□□□□□□□□□□□□□□□□□□ 1 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 by failing to file a motion to retain || confidentiality as described above, all parties shall continue to afford the material in || question the level of protection to which it is entitled under the Producing Party’s || designation until the Court rules on the challenge.

10 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL 11 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.

20 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: 24 (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 and who have signed the || Acknowledgement; oo PAGE 10— STIPULATED □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 1 (b) the Receiving Party, including officers, directors, employees, or || consultants, advisors, insurers and/or reinsurers of the Receiving Party to whom || disclosure is reasonably necessary; 4 (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; 7 (d) the Court and its personnel; 8 (e) court reporters and their staff, 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; 11 (f) 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; 17 (g) 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; and 20 (f) the author or recipient of a document containing the information or a || custodian or other person who otherwise possessed or knew the information 228. PROTECTED MATERIAL _SUBPOENAED OR ORDERED 23 PRODUCED IN OTHER LITIGATION 24 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,” that Party must: 27 (a) promptly notify in writing the Designating Party. Such notification shall || include a copy of the subpoena or court order; So PAGE TI— STIPULATED □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 1 (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; 5 (c) cooperate with respect to all reasonable procedures sought to be pursued || by the Designating Party whose Protected Material may be affected; and 7 (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.

10 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” 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.

18 | 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 19 PRODUCED IN THIS LITIGATION 20 (a) The terms of this Order are applicable to information produced by a Non- || Party in this Action and designated as “CONFIDENTIAL.” 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.

25 (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: So PAGE 12— STIPULATED □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 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 14 || 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 So PAGE 13— STIPULATED □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ || (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). 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.

8 Upon learning of an inadvertent or unintentional disclosure of privileged || information (“Privileged Material’), the Producing Party shall provide written notice || to the parties who have received the Privileged Material, identifying the Privileged || Material by Bates number and the privilege protection relied upon.. Within ten || business days of the date of that written notice, the Receiving Party shall sequester, || destroy, or return the Privileged Material so identified and all copies thereof, and in || the same time frame, shall sequester or destroy any notes or other writing or || recordings that copy, summarize, reflect, or discuss the content of the documents or || materials (collectively the “Privileged Notes”). Upon request of the Producing Party, || the Receiving Party shall provide written notice of any sequestration or destruction }| of the Privileged Material and Privileged Notes. Other than in connection with || proceedings contemplated by the last paragraph of Section 11 of this Order, no use || shall be made of Privileged Material or Privileged Notes during deposition or at trial, || and the Receiving Party, its employees, Outside Counsel of Record, and Experts shall || not provide Privileged Material to anyone who did not already have access to them || prior to the request by the Producing Party that they be returned.

24 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. The Receiving Party shall initiate the dispute resolution process set forth || in Section 6 of this Order within ten business days of the date of service of the || Receiving Party’s notice disputing the claim of inadvertent production.

So PAGE 14— STIPULATED □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 1 If the Parties cannot resolve a challenge without court intervention, the || Receiving Party may move the Court for an order compelling production of any || inadvertently produced or disclosed document or material in compliance with Local || Rule 251, 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 Receiving Party || challenging the assertion of privilege shall continue to sequester the Privileged || Documents and Privileged Notes and shall not make any use of such information.

8 | 12. MISCELLANEOUS 9 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.

11 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.

14 || 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.

16 12.3 Filing Protected Material. The designation of documents (including || transcripts of testimony) as confidential pursuant to this order does not automatically || entitle the parties to file such a document with the court under seal. Parties are || advised that any request to seal documents in this district is governed by Local Rule || 141. In brief, Local Rule 141 provides that documents may only be sealed by a || written order of the court after a specific request to seal has been made. L.R. 141(a).

22 || However, a mere request to seal is not enough under the local rules. In particular, || Local Rule 141(b) requires that “[t]he ‘Request to Seal Documents’ shall set forth || the statutory or other authority for sealing, the requested duration, the identity, by || name or category, of persons to be permitted to access the document, and all relevant || information.” L.R. 141(b).

27 A request to seal material must normally meet the high threshold of showing || that “compelling reasons” support secrecy; however, where the material is, at most, So PAGE 15— STIPULATED □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ || “tangentially related” to the merits of a case, the request to seal may be granted on a || showing of “good cause.” Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, || 1096-1102 (9th Cir. 2016); Kamakana vy. City and County of Honolulu, 447 F.3d 4 || 1172, 1178-80 (9th Cir. 2006).

5 Requests to seal documents shall be made by motion before the same judge || who will decide the matter related to that request to seal. If a Party’s request to file || Protected Material under seal pursuant to Local Rule 141 1s denied by the court, then || the Receiving Party may file the information in the public record unless otherwise || instructed by the court.

10 12.4 Modification. The parties may not modify the terms of this Protective || Order without the court’s approval. If the parties agree to a potential modification, || they shall submit a stipulation and proposed order for the court’s consideration.

13 | 13. FINAL DISPOSITION 14 Within 60 days after the final disposition of this Action, as defined in Section || 4 (DURATION), 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 oo PAGE 16— STIPULATED □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ |] 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 Order as set forth in Section 4 (DURATION).

9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

10 ||Dated: November 1, 2022 KEVIN W. HARRIS 12 By: /s/ Kevin W. Harri) B Kevin W. Harris Attorney for Plaintiff 14 ZOHRAB BAHRIKYAN Dated: November 1, 2022 McDOWELL HETHERINGTON LLP By: /s/ John T. Burnite 18 Jarrett E. Ganer Micah A. Grodin 19 John T. Burnite 20 Attorneys for Defendant TRANSAMERICA LIFE INSURANCE 21 COMPANY PAGE 17 — STIPULATED PROTECTIVE ORDER 1 CERTIFICATION 3 I, John T. Burnite, in accordance with Local Rule 131, 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 on November 1, 2022.

7 || Dated: November 1, 2022 /s/ John T. Burnite g John T. Burnite So PAGE 18— STIPULATED □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 1 ORDER 2 IT IS HEREBY ORDERED that the parties’ stipulation is granted.

3 IT IS FURTHER ORDERED THAT: 4 1. Requests to seal documents shall be made by motion before the same || judge who will decide the matter related to that request to seal.

6 2. The designation of documents (including transcripts of testimony) as || confidential pursuant to this order does not automatically entitle the parties to file || such a document with the court under seal. Parties are advised that any request to || seal documents in this district is governed by Local Rule 141. In brief, Local Rule || 141 provides that documents may only be sealed by a written order of the court || after a specific request to seal has been made. L.R. 141(a). However, a mere || request to seal is not enough under the local rules. In particular, Local Rule 141(b) |} requires that “[t]he “Request to Seal Documents’ shall set forth the statutory or || other authority for sealing, the requested duration, the identity, by name or || category, of persons to be permitted access to the document, and all relevant || information.” L.R. 141(b).

17 3. A request to seal material must normally meet the high threshold of || showing that “compelling reasons” support secrecy; however, where the material is, || at most, “tangentially related” to the merits of a case, the request to seal may be || granted on a showing of “good cause.” Ctr. for Auto Safety v. Chrysler Grp., LLC, || 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana v. City and County of || Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006).

23 4. Nothing in this order shall limit the testimony of parties or non-parties, or || the use of certain documents, at any court hearing or trial — such determinations will || only be made by the court at the hearing or trial, or upon an appropriate motion.

26 5. With respect to motions regarding any disputes concerning this protective || order which the parties cannot informally resolve, the parties shall follow the 28 //// So PAGE19— STIPULATED □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ || procedures outlined in Local Rule 251. Absent a showing of good cause, the court || will not hear discovery disputes on an ex parte basis or on shortened time.

3 6. The parties may not modify the terms of this Protective Order without the || court’s approval. If the parties agree to a potential modification, they shall submit a || stipulation and proposed order for the court’s consideration.

6 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over || enforcement of the terms of this Protective Order after the action is terminated.

8 8. Any provision in the parties’ stipulation that is in conflict with anything in || this order is hereby DISAPPROVED.

10 | DATED: November 3, 2022 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE So PAGE 20— STIPULATED □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 1 EXHIBIT A 5 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 Eastern District of California on 7 [date] in the case of Zohrab Bahrikyan v. Transamerica Life Insurance || Company, Case No. 2:22-cv-00894-MCE-DB. 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 Eastern 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 [print || or type full name] of [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.

23 || Date: |) City and State where sworn and signed: |) Printed name: |) Signature: So PAGE 21— STIPULATED □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□