ViacomCBS Inc. v. Great Divide Insurance Company

Case 2|/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Pagelof21 Page ID #:303 || Kirk Pasich (SBN 94242) [email protected] Pamela Woods (SBN 101520) [email protected] || Christopher Pasich (SBN 299191) [email protected] Caitlin S. Oswald (SBN 330974) 5, || [email protected] PASICH LLP || 10880 Wilshire Boulevard, Suite 2000 Los Angeles, California 90024 || Telephone: 313-7860 Facsimile: (424) 313-7890 || Attorneys for Plaintiff 11 UNITED STATES DISTRICT COURT re 12 CENTRAL DISTRICT OF CALIFORNIA C) 13 || VIACOMCBS INC., a Delaware Case No. 2:21-cv-00400-ODW- corporation, AFM wy 15 Plaintiff, STIPULATED PROTECTIVE Os 16 V. ORDER || GREAT DIVIDE INSURANCE || COMPANY, a North Dakota corporation, Defendant.

91 | AND RELATED COUNTERCLAIM 24/1. PURPOSES AND LIMITATIONS 25 Discovery in this action is likely to involve production of || confidential, proprietary and/or private or personal information for which □□ special protection from public disclosure and from use for any purpose 28 other than prosecuting this litigation is warranted.

STIPULATED PROTECTIVE ORDER Case 2|/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page 2of21 Page ID #:304 1 Accordingly, the parties hereby stipulate to and petition the Court 2. ||to enter the following Stipulated Protective 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.

8|/2. GOOD CAUSE STATEMENT 9 This Action is likely to involve discovery of confidential, || proprietary, and/or sensitive private or personal information for which || special protection from public disclosure and from use for any purpose || other than prosecuting this action is warranted.

Oo 13 Such confidential, proprietary, and sensitive materials and -— 14|/information consist of, among other things, confidential business or x 15 || financial information, information regarding confidential business Os 16]! practices, or other confidential commercial information, sensitive || personal information (including information implicating privacy rights of 18 third parties), information otherwise generally unavailable to the public, ||or information which may be privileged or otherwise protected from || disclosure under state or federal statutes, court rules, case decisions, or |}common law.

22 Accordingly, to expedite the flow of information, to facilitate the || prompt resolution of disputes over the confidentiality of discovery || materials, to adequately protect information the parties are entitled to || keep confidential, to ensure that the parties are permitted reasonable || necessary uses of such material in preparation for and in the conduct of || trial, to address their handling at the end of the litigation, and serve the || ends of justice, a protective order for such information is justified in this —_———saporaTep PROTECTIVE ORDER Case 2|/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page3of21 Page ID #:305 ||matter. 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 case. Neither party has yet agreed ||that any particular document or type of document is subject to protection || hereunder and each reserves all rights to object to a designation.

8|/3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING 9 UNDER SEAL 10 The parties further acknowledge, as set forth in Section 12.3, || below, that this Stipulated Protective Order does not entitle them to file re 12 || confidential information under seal; Local Civil Rule 79-5 sets forth the Oo 13 || procedures that must be followed and the standards that will be applied -— 14|/when a party seeks permission from the Court to file material under x 15 || seal.

Os 16 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). Furthermore, a specific showing of good cause or ||compelling reasons with proper evidentiary support and legal || justification, must be made with respect to Protected Material (defined || below) that a party seeks to file under seal. The parties’ mere || designation of Disclosure or Discovery Material as CONFIDENTIAL or || HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY does not— —_————saporaTap PROTECT ORDER Case 2|/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page4of21 Page ID #:306 || 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.

4 Further, if a party requests sealing related to a dispositive motion |lor trial, then compelling reasons, not only good cause, for the sealing ||must be shown, and the relief sought shall be narrowly tailored to serve □□ □□□ 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 re 12 || and legal justification, for the requested sealing order. Again, competent Oo 13 || evidence supporting the application to file documents under seal must be - 14] provided by declaration. x 15 Any document that is not confidential, privileged, or otherwise ©s 16||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.

22||4. DEFINITIONS 23 4.1 Action: this pending federal lawsuit.

24 4.2 Challenging Party: a Party or Non-Party that challenges the || designation of information or items under this Order.

26 4.3 CONFIDENTIAL Information or Items: information || (regardless of how it is generated, stored or maintained) or tangible STIPULATED PROTECTIVE ORDER Case 2/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page5of21 Page ID #:307 || things that qualify for protection under Federal Rule of Civil Procedure ||26(c), and as specified above in the Good Cause Statement.

3 4.4 Counsel: Outside Counsel of Record and House Counsel (as || well as their support staff).

5 4.5 Designating Party: a Party or Non-Party that designates ||information or items that it produces in disclosures or in responses to || discovery as CONFIDENTIAL or HIGHLY CONFIDENTIAL — | ATTORNEYS’ EYES ONLY 9 4.6 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 re 12 ||tangible things that are produced or generated in disclosures or O 13 || responses to discovery in this matter. □□ 14 4.7 Expert: a person with specialized knowledge or experience in x 15 ||}a matter pertinent to the litigation who has been retained by a Party or Os 16/lits counsel to serve as an expert witness or as a consultant in this Action.

17 4.8 HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY || Information or Items: extremely sensitive “CONFIDENTIAL” || Information or Items, the 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.

22 4.9 House Counsel: attorneys who are employees of a Party to ||this Action. House Counsel does not include Outside Counsel of Record or || any other outside counsel.

25 4.10 Non-Party: any natural person, partnership, corporation, || association, or other legal entity not named as a Party to this Action.

27 4.11 Outside Counsel: attorneys who are not employees of a Party || to this Action but are retained to represent or advise a Party to this —__————saporaTap PROTECTIVE ORDER Case 2|/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page6of21 Page ID #:308 || Action including those who 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.

4 4.12 Party: any party to this Action.

5 4.13 Producing Party: a Party or Non-Party that produces || Disclosure or Discovery Material in this Action.

7 4.14 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. re 12 4.15 Protected Material: any Disclosure or Discovery Material C) 13 || that is designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL -- 14)}ATTORNEYS’ EYES ONLY. x 15 4.16 Receiving Party: a Party that receives Disclosure or ©s 16]| Discovery Material from a Producing Party.

17||5. SCOPE 18 The protections conferred by this Stipulation and 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 the Parties, House Counsel, or || Outside Counsel that might reveal Protected Material.

24 Any use of Protected Material at trial shall be governed by the || orders of the trial judge and other applicable authorities. This Order || does not govern the use of Protected Material at trial.

STIPULATED PROTECTIVE ORDER Case 2|/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page 7of21 Page ID #:309 1/6. DURATION 2 Once a case proceeds to trial, information that was designated as || CONFIDENTIAL, HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES || ONLY, or maintained pursuant to this protective order that 1s 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).

12 With respect to information produced under this Order but not O 13 || used at trial, even after final disposition of this litigation, the 4 |/confidentiality obligations imposed by this Order will remain in effect x 15 || until a Designating Party agrees otherwise in writing or a court order ©s 16||otherwise directs. Final disposition will 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, trials, or reviews of this || Action, including the time limits for filing any motions or applications for || extension of time pursuant to applicable law.

22||7. DESIGNATING PROTECTED MATERIAL 23 7.1 Exercise of Restraint and Care in Designating Material for || Protection. 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. The Designating Party must designate for protection only □□ those parts of material, documents, items, or oral or written —__—_———saporaTap PROTECTIVE ORDER Case 2/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page8of21 Page ID #:310 || 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.

4 Mass, indiscriminate, or routinized designations are prohibited.

5 || 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.

9 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 re 12 || withdrawing the inapplicable designation.

O 13 7.2. Manner and Timing of Designations. Except as otherwise - provided in this Order (see, e.g., second paragraph of section 7.2(a) x 15 || below), or as otherwise stipulated or ordered, Disclosure or Discovery Os 16/]|Material that qualifies for protection under this Order must be clearly so || designated before the material is disclosed or produced.

18 Designation in conformity with this Order requires: 19 (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 22 minimum, the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL || -- ATTORNEYS’ EYES ONLY” (hereinafter “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).

STIPULATED PROTECTIVE ORDER Case 2/P1-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page9of21 Page ID#:311 1 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 will be deemed || “CONFIDENTIAL?” or “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 CONFIDENTIAL Legend to each page that contains re 12 || Protected Material. If only a portion or portions of the material on a Oo 13 || page qualifies for protection, the Producing Party also must clearly 4 14 |lidentify the protected portion(s) (e.g., by making appropriate markings in x 15 ||the margins).

Ps 16 (b) for testimony given in depositions, that the Designating || Party identify the Disclosure or Discovery Material on the record, before || the close of the deposition or in writing within thirty (80) days of its || receipt of the transcript.

20 (c) for information produced in some form other than 21 documentary form 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 CONFIDENTIAL || Legend. 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 7.3 Inadvertent Failures to Designate. If timely corrected, an ||inadvertent failure to designate qualified information or items does not, —_———saporaTap PROTECTIVE ORDER Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page 10o0f21 Page ID #:312 || 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.

6|/8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 7 8.1 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.

10 8.2 Meet and Confer. The Challenging Party shall initiate the || dispute resolution process under Local Rule 37-1 et seq.

12 8.3 Joint Stipulation. Any challenge submitted to the Court shall Oo 13 || be via a joint stipulation pursuant to Local Rule 37-2. r 14 8.4 Burden. The burden of persuasion in any such challenge x 15 || proceeding shall be on the Designating Party. Frivolous challenges, and Os 16/]|those made for an improper purpose (e.g., to harass or impose || unnecessary expenses and burdens on other parties) may expose the || Challenging Party to sanctions. Unless the Designating Party has || waived or withdrawn the applicable confidentiality designation, 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.

23/19. ACCESS TO AND USE OF PROTECTED MATERIAL 24 9.1 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 —_—_———sapoLaTap PROTECTIVE ORDER Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page11lof21 Page ID#:313 || described in this Order. When the Action has been terminated, a || Receiving Party must comply with the provisions of section 15 below || (FINAL DISPOSITION).

4 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.

7 9.2 Disclosure of CONFIDENTIAL Information or Items. Unless || otherwise ordered by the Court, a Receiving Party may disclose any ||information or item designated “CONFIDENTIAL?” only to: 10 (a) the Receiving Party’s Outside Counsel, as well as ||employees of said Outside Counsel to whom it is reasonably necessary to || disclose the information for this Action; Oo 13 (b) the officers, directors, and employees (including House -— 14]|| Counsel) of the Receiving Party to whom disclosure is reasonably x 15 || necessary for this Action; Ps» 16 (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 and Agreement to Be Bound” (Exhibit A); 19 (d) the Court and its personnel; 20 (e) court reporters and their staff; 21 (f) 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 and Agreement to Be || Bound” (Exhibit A); 25 (g) the author or recipient of a document containing the ||information or a custodian or other person who otherwise possessed or || knew the information; STIPULATED PROTECTIVE ORDER Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page12o0f21 Page ID#:314 1 (h) during deposition, the witness, and attorneys for the || witness, in the Action to whom disclosure is reasonably necessary || provided: (1) the deposing Party requests that the witness sign the form || attached as Exhibit A hereto; and (2) the witness will not be permitted to keep any confidential information unless the witness signs the ||“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless || otherwise agreed by the Designating Party or ordered by the Court.

8 || Pages of transcribed deposition testimony or exhibits to depositions that || reveal Protected Material may be separately bound by the court reporter ||and may not be disclosed to anyone except as permitted under this || Stipulated Protective Order; re 12 (i) any mediator or settlement officer, and their supporting Oo 13 || personnel, mutually agreed upon by the Parties engaged in settlement — 14 || discussions; and x 15 (j) any other person that the Designating Party agrees to in Os 16] writing.

17 9.3 Before disclosure of CONFIDENTIAL Information or Items to || any person in categories c, f, h, and/or ] above, each such person will be || provided with a copy of this Protective Order and shall execute a Non- || Disclosure Agreement (Exhibit A). The qualified persons listed above ||shall not distribute, disclose, or otherwise publish or make available || CONFIDENTIAL Information or Items to any third person unless || consented to in writing by the Designating Party, or permitted to do so 24 the Court.

25 9.4 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ || EYES ONLY” Information or Items. Unless otherwise ordered by the || Court, a Receiving Party may disclose any information or item STIPULATED PROTECTIVE ORDER Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page13o0f21 Page ID#:315 || designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” || only to: 3 (a) the Receiving Party’s Outside counsel of record in this || Action, as well as employees of said counsel to whom it is reasonably ||necessary to disclose the information for this Action; 6 (b) 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 and Agreement to Be Bound” (Exhibit A); 9 (c) the Court and its personnel; 10 (d) court reporters and their staff; 11 (e) professional jury or trial consultants, mock jurors, and || Professional Vendors to whom disclosure is reasonably necessary for this Oo 13 || Action and who have signed the “Acknowledgment and Agreement to Be 4 14]| Bound” (Exhibit A); x 15 (f) the author or recipient of a document containing the ©s |/information or a custodian or other person who otherwise possessed or || knew the information; 18 (g) any mediator or settlement officer, and their supporting || personnel, mutually agreed upon by the Parties engaged in settlement || discussions; and 21 (h) any other person that the Designating Party agrees to in || writing.

23 9.5 Before disclosure of HIGHLY CONFIDENTIAL -- || ATTORNEYS’ EYES ONLY Information or Items to any person in || categories b, e, and/or h above, each such person will be provided with a || copy of this Protective Order and shall execute a Non-Disclosure || Agreement (Exhibit A). The qualified persons listed above shall not || distribute, disclose, or otherwise publish or make available HIGHLY —_————saporaTap PROTECTIVE ORDER Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page14of21 Page ID #:316 || CONFIDENTIAL -- ATTORNEYS’ EYES ONLY Information or Items to ||any third person unless consented to in writing by the Designating || Party, or permitted to do so by the Court.

4 9.6 Nothing in this Order shall prevent or otherwise restrict ||counsel from rendering advice to their clients and, in the course of doing □□ □□□ rely generally on Protected Material, provided that in rendering such || advice, counsel shall not disclose the specific contents of Protected || Material except as otherwise allowed by this Order.

9/110. PROTECTED MATERIAL SUBPOENAED OR ORDERED 10 PRODUCED IN OTHER LITIGATION 11 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 O 13 |j/in this Action as CONFIDENTIAL or HIGHLY CONFIDENTIAL — r+ 14) ATTORNEYS’ EYES ONLY, that Party must: x 15 (a) promptly notify in writing the Designating Party. Such ©s 16/]|notification shall include a copy of the subpoena or court order; 17 (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 Stipulated Protective || Order; and 22 (c) cooperate with respect to all reasonable procedures || sought to be pursued by the Designating Party whose Protected Material || may be affected.

25 If the Designating Party timely seeks a protective order, the Party || served with the subpoena or court order will not produce any information || designated in this action as CONFIDENTIAL or HIGHLY || CONFIDENTIAL — ATTORNEYS’ EYES ONLY before a determination —_———sapoLaTEp PROTECTIVE ORDER Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page15o0f21 Page ID#:317 || by the court from which the subpoena or order issued, unless the Party ||has obtained the Designating Party’s permission. The Designating Party || will 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.

7\|11. ANON-PARTYS PROTECTED MATERIAL SOUGHT TO BE 8 PRODUCED IN THIS LITIGATION 9 (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 Oo 13 □□ this litigation is protected by the remedies and relief provided by this -— 14|/Order. Nothing in these provisions should be construed as prohibiting a x 15 || Non-Party from seeking additional protections.

Ps 16 (b) Inthe 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: 21 (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; 24 (2) promptly provide the Non-Party with a copy of the || Stipulated Protective Order in this Action, the relevant discovery ||request(s), and a reasonably specific description of the information ||requested; and STIPULATED PROTECTIVE ORDER Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page 16o0f21 Page ID #:318 1 (3) make the information requested available for ||inspection by the Non-Party, if requested.

3 (c) Ifthe Non-Party fails to seek a protective order from 4||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. Absent a court order to the contrary, the Non-Party shall || bear the burden and expense of seeking protection in this Court of its re 12 || Protected Material.

O 13|}12. UNAUTHORIZED DISCLOSURE OF PROTECTED rr 14 MATERIAL x 15 If a Receiving Party learns that, by inadvertence or otherwise, it Os 16/]|has disclosed Protected Material to any person or in any circumstance ||not authorized under this Stipulated Protective 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 and Agreement to Be Bound” that is attached hereto |las Exhibit A.

STIPULATED PROTECTIVE ORDER Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page17of21 Page ID #:319 1/18. INADVERTENT PRODUCTION OF PRIVILEGED OR 2 OTHERWISE PROTECTED MATERIAL 3 If a Producing Party inadvertently produces information or documents that it considered privileged, in whole or in part, it may ||retrieve such information or documents or parts thereof as follows: 6 (a) Within twenty (20) days of the discovery of the ||inadvertent production, and no later than forty-five (45) days prior to || trial, the Producing Party must give written notice to all parties who ||received copies of the produced document that the Producing Party ||claims said document, in whole or in part, to be privileged and must || state the nature of the privilege; in the event that only part(s) of || document(s) are claimed to be privileged, the Producing Party shall Oo 13 || furnish redacted copies of such privileged documents, removing only the 4 14||part(s) thereof claimed to be privileged, to all parties together with the x 15 || notice (the “Inadvertent Production of Privileged Materials Notice”).

Os 16 (b) Upon receipt of such Inadvertent Production of || Privileged Materials Notice, all parties who have received copies of the || inadvertently produced document(s) shall destroy all other copies thereof || and confirm destruction thereof except to the extent reasonably || necessary to promptly present the information to the Court under seal || for a determination of the claim pursuant to Federal Rule of Civil || Procedure 26(b)(5)(B).

23 (c) After service of such notice, no motion to compel the || production of the inadvertently produced privileged documents may rely ||/on an allegation that any privilege as to the documents was waived || solely by virtue of its inadvertent production.

STIPULATED PROTECTIVE ORDER Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page18o0f21 Page ID #:320 1/14. MISCELLANEOUS 2 14.2 Right to Further Relief. Nothing in this Order abridges the ||right of any person to seek its modification by the Court in the future.

4 14.3 Right to Assert Other Objections. By stipulating to the entry || of this Protective 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 Stipulated Protective Order. 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.

10 14.4 Filing Protected Material. A Party that seeks to file under 11 seal any Protected Material must comply with Local Civil Rule 79-5.

12 || Protected Material may only be filed under seal pursuant to a court order O 13 || authorizing the sealing of the specific Protected Material at issue. Ifa -— Party’s request to file Protected Material under seal is denied by the x 15 || Court, then the Receiving Party may file the information in the public ©: 16]|record unless otherwise instructed by the Court.

17|/|15. FINAL DISPOSITION 18 After the final disposition of this Action, as defined in paragraph 4, || 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. As used in this subdivision, “all || Protected Material” includes all copies, abstracts, compilations, 23 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 —__—_———saporaTap PROTECTIVE ORDER Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page 19o0f21 Page ID #:321 ||/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.

4 || 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.

9 || Any such archival copies that contain or constitute Protected Material 10 remain subject to this Protective Order as set forth in Section 6 || (DURATION). re 12|}16. VIOLATION Oo 13 Any willful or reckless violation of this Order may be punished by -— 14|/any and all appropriate measures including, without limitation, x 15 ||contempt proceedings and/or monetary sanctions, or other appropriate 16|]/action at the discretion of the Court.

18 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

19 || DATED: February 28, 2022 PASICH LLP 20 By: /s/ Pamela Woods 21 Pamela Woods 22 Attorneys for Plaintiff || DATED: February 28, 2022 SELMAN BREITMAN LLP By: /s/ Sara J. Savage 25 Sara J. Savage 26 Attorneys for Defendant STIPULATED PROTECTIVE ORDER Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page 200f21 Page ID #:322 1 ATTESTATION 2 Pursuant to L.R. 5-4.3.4, I hereby attest that all other signatories || listed, and on whose behalf the filing is submitted, concur in the filing’s ||content and have authorized the filing. I further attest that I have on || file documentation of her authorization.

6 || DATED: February 28, 2022 = PASICH LLP a By: /s/ Pamela Woods 8 Pamela Woods 9 Attorneys for Plaintiff 11 ORDER = 12 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

C) 13 k r— 14)//DATE: 2/28/2022 ( 10 4 Nox —— ee x 15 Ps 16 HON. ALEXANDER F. MacKINNON 7 United States Magistrate Judge STIPULATED PROTECTIVE ORDER Case 2:41-cv-00400-ODW-AFM Document 35 Filed 02/28/22 Page 21o0f21 Page ID #:323 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], of || [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 VicomCBS Inc. v. || Great Divide Insurance Co., Case No. 2:21-cv-00400-ODW-AFM. 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 Oo 13 ||information or item that is subject to this Stipulated Protective Order to -— 14|/any person or entity except in strict compliance with the provisions of x 15 ||this Order. I further agree to submit to the jurisdiction of the United 16]|States District Court for the Central District of California for the || purpose of enforcing the terms of this Stipulated Protective Order, even ||if such enforcement proceedings occur after termination of this Action.

19 I hereby appoint [full name] of 20 [full address and || telephone number] as my California agent for service of process 1n ||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: STIPULATED PROTECTIVE ORDER