Case 2 :20-cv-11085-DMG-PD Document 62 Filed 0 4/20/22 Page 1 of 17 Page ID #:1278 1 Mark A. Neubauer (73728) [email protected] 2 CARLTON FIELDS, LLP 3 2029 Century Park East, Suite 1200 Los Angeles, CA 90067-2913 4 Telephone: (310) 843-6300 Facsimile: (310) 843-6301 5 Steven J. Brodie, Esq. (Admitted Pro Hac Vice) 6 [email protected]

7 CARLTON FIELDS 2 MiamiCentral 8 700 NW 1st Avenue, Ste. 1200 Miami, Florida 33136-4118 9 Telephone: (305) 530-0050 10 Facsimile: (305) 530-0055 11 Attorneys for Defendant AIG Specialty Insurance Company 12

13 UNITED STATES DISTRICT COURT

14 CENTRAL DISTRICT OF CALIFORNIA

15 PACIFIC WESTERN BANK, a Case No.: 2:20-cv-11085-DMG-PD California corporation, 16 STIPULATED PROTECTIVE Plaintiff, ORDER 17 vs. Assigned to the Hon. Dolly M. Gee; 18 Hon. Patricia Donahue (Mag. Judge) 19 AIG SPECIALTY INSURANCE COMPANY, an Illinois corporation; Complaint filed: 12/07/20 20 FEDERAL INSURANCE Pretrial Conference: 2/7/2023 COMPANY, an Indiana corporation; Trial Date: 3/7/2023 21 XL SPECIALTY INSURANCE 22 COMPANY, a Delaware corporation, 23 Defendants.

24

25 Plaintiff Pacific Western Bank and Defendants AIG Specialty Insurance 26 Company, Inc., Federal Insurance Company, and XL Specialty Insurance Company 27 hereby enter into the following stipulated Protective Order:

28

129193507.1 P001.001/375702.1 Case 2: 20-cv-11085-DMG-PD Document 62 Filed 0 4/20/22 Page 2 of 17 Page ID #:1279 1 1. A. PURPOSES AND LIMITATION S 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the

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

7 not confer blanket protections on all disclosures or responses to discovery and that the 8 protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to confidential treatment under the applicable 10 legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, customer and pricing lists and other 13 valuable research, development, commercial, financial, technical and/or proprietary

14 information for which special protection from public disclosure and from use for any 15 purpose other than prosecution of this action is warranted. Such confidential and 16 proprietary materials and information consist of, among other things, confidential 17 business or financial information, information regarding confidential business 18 practices, or other confidential research, development, or commercial information 19 (including information implicating privacy rights of third parties), information 20 otherwise generally unavailable to the public, or which may be privileged or otherwise

21 protected from disclosure under state or federal statutes, court rules, case decisions, 22 or common law. Accordingly, to expedite the flow of information, to facilitate the 23 prompt resolution of disputes over confidentiality of discovery materials, to 24 adequately protect information the parties are entitled to keep confidential, to ensure 25 that the parties are permitted reasonable necessary uses of such material in preparation 26 for and in the conduct of trial, to address their handling at the end of the litigation, and 27 serve the ends of justice, a protective order for such information is justified in this

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

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129193507.1 P001.001/375702.1 Case 2: 20-cv-11085-DMG-PD Document 62 Filed 0 4/20/22 Page 3 of 17 Page ID #:1280 1 confidential for tactical reasons and that nothing be so designated without a good 2 faith belief that it has been maintained in a confidential, non-public manner, and there 3 is good cause why it should not be part of the public record of this case. 4 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 5 The parties further acknowledge, as set forth in Section 12.3, below, that this

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

7 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 8 standards that will be applied when a party seeks permission from the court to file 9 material under seal. 10 There is a strong presumption that the public has a right of access to judicial 11 proceedings and records in civil cases. In connection with non-dispositive motions, 12 good cause must be shown to support a filing under seal. See Kamakana v. City and 13 County of Honolulu,

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

14 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 15

(E.D. Wis. 1999) (even stipulated protective orders require good 16 cause showing), and a specific showing of good cause or compelling reasons with 17 proper evidentiary support and legal justification, must be made with respect to 18 Protected Material that a party seeks to file under seal. The parties’ mere designation 19 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 20 submission of competent evidence by declaration, establishing that the material

21 sought to be filed under seal qualifies as confidential, privileged, or otherwise 22 protectable—constitute good cause. 23 Further, if a party requests sealing related to a dispositive motion or trial, then 24 compelling reasons, not only good cause, for the sealing must be shown, and the relief 25 sought shall be narrowly tailored to serve the specific interest to be protected. See 26 Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For each item 27 or type of information, document, or thing sought to be filed or introduced under seal

28 in connection with a dispositive motion or trial, the party seeking protection must

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129193507.1 P001.001/375702.1 Case 2: 20-cv-11085-DMG-PD Document 62 Filed 0 4/20/22 Page 4 of 17 Page ID #:1281 1 articulate compelling reasons, supported b y specific facts and legal justification, for 2 the requested sealing order. Again, competent evidence supporting the application to 3 file documents under seal must be provided by declaration. 4 Any document that is not confidential, privileged, or otherwise protectable in 5 its entirety will not be filed under seal if the confidential portions can be redacted. If

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

7 the confidential, privileged, or otherwise protectable portions of the document, shall 8 be filed. Any application that seeks to file documents under seal in their entirety 9 should include an explanation of why redaction is not feasible. 10 2. DEFINITIONS 11 2.1 Action: this pending federal lawsuit entitled Pacific Western Bank 12 v. AIG Specialty Insurance Company, et al., Case No. 2:20-cv-11085. 13 2.2 Challenging Party: a Party or Non-Party that challenges the

14 designation of information or items under this Order. 15 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 16 how it is generated, stored or maintained) or tangible things that qualify for protection 17 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 18 Statement. 19 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 20 support staff).

21 2.5 Designating Party: a Party or Non-Party that designates information or 22 items that it produces in disclosures or in responses to discovery as 23 “CONFIDENTIAL.” 24 2.6 Disclosure or Discovery Material: all items or information, regardless of 25 the medium or manner in which it is generated, stored, or maintained (including, 26 among other things, testimony, transcripts, and tangible things), that are produced or 27 generated in disclosures or responses to discovery in this matter.

28 2.7 Expert: a person with specialized knowledge or experience in a matter

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129193507.1 P001.001/375702.1 Case 2: 20-cv-11085-DMG-PD Document 62 Filed 0 4/20/22 Page 5 of 17 Page ID #:1282 1 pertinent to the litigation who has been ret ained by a Party or its counsel to serve as 2 an expert witness or as a consultant in this Action. 3 2.8 House Counsel: attorneys who are employees of a party to this Action. 4 House Counsel does not include Outside Counsel of Record or any other outside 5 counsel.

6 2.9 Non-Party: any natural person, partnership, corporation, association, or

7 other legal entity not named as a Party to this action. 8 2.10 Outside Counsel of Record: attorneys who are not employees of a party 9 to this Action but are retained to represent or advise a party to this Action and have 10 appeared in this Action on behalf of that party or are affiliated with a law firm which 11 has appeared on behalf of that party, and includes support staff. 12 2.11 Party: any party to this Action, including all of its officers, directors, 13 employees, consultants, retained experts, and Outside Counsel of Record (and their

14 support staffs). 15 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 16 Discovery Material in this Action. 17 2.13 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 2.14 Protected Material: any Disclosure or Discovery Material that is 22 designated as “CONFIDENTIAL.” 23 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 24 from a Producing Party. 25 3. SCOPE 26 The protections conferred by this Stipulation and Order cover not only 27 Protected Material (as defined above), but also (1) any information copied or extracted

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

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129193507.1 P001.001/375702.1 Case 2: 20-cv-11085-DMG-PD Document 62 Filed 0 4/20/22 Page 6 of 17 Page ID #:1283 1 Protected Material; and (3) any testimony, conversations, or presentations by Parties 2 or their Counsel that might reveal Protected Material. 3 Any use of Protected Material at trial shall be governed by the orders of the trial 4 judge. This Order does not govern the use of Protected Material at trial. 5 4. DURATION

6 FINAL DISPOSITION of the action is defined as the conclusion of any

7 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 8 has run. Except as set forth below, the terms of this protective order apply through 9 FINAL DISPOSITION of the action. The parties may stipulate that they will be 10 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 11 but will have to file a separate action for enforcement of the agreement once all 12 proceedings in this case are complete. 13 Once a case proceeds to trial, information that was designated as CONFIDENTIAL or

14 maintained pursuant to this protective order used or introduced as an exhibit at trial 15 becomes public and will be presumptively available to all members of the public, 16 including the press, unless compelling reasons supported by specific factual findings 17 to proceed otherwise are made to the trial judge in advance of the trial. See Kamakana, 18

(distinguishing “good cause” showing for sealing documents 19 produced in discovery from “compelling reasons” standard when merits-related 20 documents are part of court record). Accordingly, for such materials, the terms of this

21 protective order do not extend beyond the commencement of the trial. 22 5. DESIGNATING PROTECTED MATERIAL 23 5.1 Exercise of Restraint and Care in Designating Material for Protection. 24 Each Party or Non-Party that designates information or items for protection under this 25 Order must take care to limit any such designation to specific material that qualifies 26 under the appropriate standards. The Designating Party must designate for protection 27 only those parts of material, documents, items, or oral or written communications that

28 qualify so that other portions of the material, documents, items, or communications

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129193507.1 P001.001/375702.1 Case 2: 20-cv-11085-DMG-PD Document 62 Filed 0 4/20/22 Page 7 of 17 Page ID #:1284 1 for which protection is not warranted are n ot swept unjustifiably within the ambit of 2 this Order. 3 Mass, indiscriminate, or routinized designations are prohibited. Designations 4 that are shown to be clearly unjustified or that have been made for an improper 5 purpose (e.g., to unnecessarily encumber the case development process or to impose

6 unnecessary expenses and burdens on other parties) may expose the Designating Party

7 to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it 9 designated for protection do not qualify for protection, that Designating Party must 10 promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided in 12 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 13 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

14 under this Order must be clearly so designated before the material is disclosed or 15 produced. 16 Designation in conformity with this Order requires: 17 (a) for information in documentary form (e.g., paper or electronic documents, 18 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 19 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 20 “CONFIDENTIAL legend”), to each page that contains protected material. If only a

21 portion or portions of the material on a page qualifies for protection, the Producing 22 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 23 markings in the margins). 24 A Party or Non-Party that makes original documents available for inspection 25 need not designate them for protection until after the inspecting Party has indicated 26 which documents it would like copied and produced. During the inspection and before 27 the designation, all of the material made available for inspection shall be deemed

28 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

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129193507.1 P001.001/375702.1 Case 2: 20-cv-11085-DMG-PD Document 62 Filed 0 4/20/22 Page 8 of 17 Page ID #:1285 1 copied and produced, the Producing Par ty must determine which documents, or 2 portions thereof, qualify for protection under this Order. Then, before producing the 3 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 4 to each page that contains Protected Material. If only a portion or portions of the 5 material on a page qualifies for protection, the Producing Party also must clearly

6 identify the protected portion(s) (e.g., by making appropriate markings in the

7 margins). 8 (b) for testimony given in depositions that the Designating Party identify the 9 Disclosure or Discovery Material on the record, before the close of the deposition all 10 protected testimony or within thirty days of the receipt of the transcript. 11 (c) for information produced in some form other than documentary and for 12 any other tangible items, that the Producing Party affix in a prominent place on the 13 exterior of the container or containers in which the information is stored the legend

14 “CONFIDENTIAL.” If only a portion or portions of the information warrants 15 protection, the Producing Party, to the extent practicable, shall identify the protected 16 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 the 19 Designating Party’s right to secure protection under this Order for such material. Upon 20 timely correction of a designation, the Receiving Party must make reasonable efforts

21 to assure that the material is treated in accordance with the provisions of this Order. 22 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 24 designation of confidentiality at any time that is consistent with the Court’s Scheduling 25 Order. 26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 27 resolution process under Local Rule 37.1 et seq.

28 6.3 The burden of persuasion in any such challenge proceeding shall be on

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129193507.1 P001.001/375702.1 Case 2: 20-cv-11085-DMG-PD Document 62 Filed 0 4/20/22 Page 9 of 17 Page ID #:1286 1 the Designating Party. Frivolous challenge s, and those made for an improper purpose 2 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 3 expose the Challenging Party to sanctions. Unless the Designating Party has waived 4 or withdrawn the confidentiality designation, all parties shall continue to afford the 5 material in question the level of protection to which it is entitled under the Producing

6 Party’s designation until the Court rules on the challenge.

7 7. ACCESS TO AND USE OF PROTECTED MATERIAL 8 7.1 Basic Principles. A Receiving Party may use Protected Material that is 9 disclosed or produced by another Party or by a Non-Party in connection with this 10 Action only for prosecuting, defending, or attempting to settle this Action. Such 11 Protected Material may be disclosed only to the categories of persons and under the 12 conditions described in this Order. When the Action has been terminated, a Receiving 13 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

14 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 15 by the court or permitted in writing by the Designating Party, a Receiving Party may 16 disclose any information or item designated “CONFIDENTIAL” only to: 17 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 18 as employees of said Outside Counsel of Record to whom it is reasonably necessary 19 to disclose the information for this Action; 20 (b) the officers, directors, and employees (including House Counsel) of the

21 Receiving Party to whom disclosure is reasonably necessary for this Action; 22 (c) Experts (as defined in this Order) of the Receiving Party to whom 23 disclosure is reasonably necessary for this Action and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (d) the court and its personnel; 26 (e) court reporters and their staff; 27 (f) professional jury or trial consultants, mock jurors, and Professional

28 Vendors to whom disclosure is reasonably necessary for this Action and who have

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129193507.1 P001.001/375702.1 Case 2:2 0-cv-11085-DMG-PD Document 62 Filed 04 /20/22 Page 10 of 17 Page ID #:1287 1 signed the “Acknowledgment and Agreem ent to Be Bound” (Exhibit A); 2 (g) the author or recipient of a document containing the information or a 3 custodian or other person who otherwise possessed or knew the information; 4 (h) during their depositions, in preparation for their depositions, or in 5 preparation for their testimony at trial, witnesses, and attorneys for witnesses, in the

6 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

7 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 8 not be permitted to keep any confidential information unless they sign the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 10 by the Designating Party or ordered by the court. Pages of transcribed deposition 11 testimony or exhibits to depositions that reveal Protected Material may be separately 12 bound by the court reporter and may not be disclosed to anyone except as permitted 13 under this Stipulated Protective Order;

14 (i) any mediator or settlement officer, and their supporting personnel, 15 mutually agreed upon by any of the parties engaged in settlement discussions. 16 (j) auditors, regulators, and reinsurers of the Receiving Party who, in the 17 normal course of business, would have access to or to whom a Party has a business 18 obligation to provide such information in connection with this Action; and 19 (l) any other person as to whom the producing party agrees in writing prior 20 to disclosure.

21 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 22 OTHER LITIGATION 23 If a Party is served with a subpoena or a court order issued in other litigation 24 that compels disclosure of any information or items designated in this Action as 25 “CONFIDENTIAL,” that Party must, to the extent legally permissible: 26 (a) promptly notify in writing the Designating Party. Such notification shall 27 include a copy of the subpoena or court order;

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

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129193507.1 P001.001/375702.1 Case 2:2 0-cv-11085-DMG-PD Document 62 Filed 04 /20/22 Page 11 of 17 Page ID #:1288 1 issue in the other litigation that some or all of the material covered by the subpoena or 2 order is subject to this Protective Order. Such notification shall include a copy of this 3 Stipulated Protective Order; and 4 (c) cooperate with respect to all reasonable procedures sought to be pursued 5 by the Designating Party whose Protected Material may be affected If the Designating

6 Party timely seeks a protective order, the Party served with the subpoena or court order

7 shall not, to the extent legally permissible, produce any information designated in this 8 action as “CONFIDENTIAL” before a determination by the court from which the 9 subpoena or order issued, unless the Party has obtained the Designating Party’s 10 permission. The Designating Party shall bear the burden and expense of seeking 11 protection in that court of its confidential material and nothing in these provisions 12 should be construed as authorizing or encouraging a Receiving Party in this Action to 13 disobey a lawful directive from another court. Nothing in these provisions should be

14 construed as authorizing, encouraging or requiring a Receiving Party in this Action to 15 disobey a lawful directive from another court. 16 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 17 BE PRODUCED IN THIS LITIGATION 18 (a) The terms of this Order are applicable to information produced by a Non- 19 Party in this Action and designated as “CONFIDENTIAL.” Such information 20 produced by Non-Parties in connection with this litigation is protected by the remedies

21 and relief provided by this Order. Nothing in these provisions should be construed as 22 prohibiting a Non-Party from seeking additional protections. 23 (b) In the event that a Party is required, by a valid discovery request, to 24 produce a Non-Party’s confidential information in its possession, and the Party is 25 subject to an agreement with the Non-Party not to produce the Non-Party’s 26 confidential information, then the Party shall, to the extent legally permissible: 27 (1) promptly notify in writing the Requesting Party and the Non-Party

28 that some or all of the information requested is subject to a confidentiality agreement

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129193507.1 P001.001/375702.1 Case 2:2 0-cv-11085-DMG-PD Document 62 Filed 04 /20/22 Page 12 of 17 Page ID #:1289 1 with a Non-Party; 2 (2) promptly provide the Non-Party with a copy of the Stipulated 3 Protective Order in this Action, the relevant discovery request(s), and a reasonably 4 specific description of the information requested; and 5 (3) make the information requested available for inspection by the Non-

6 Party, if requested.

7 (c) If the Non-Party fails to seek a protective order from this court within 14 8 days of receiving the notice and accompanying information, the Receiving Party may 9 produce the Non-Party’s confidential information responsive to the discovery request. 10 If the Non-Party timely seeks a protective order, the Receiving Party shall not, to the 11 extent legally permissible, produce any information in its possession or control that is 12 subject to the confidentiality agreement with the Non-Party before a determination by 13 the court. Absent a court order to the contrary, the Non-Party shall bear the burden

14 and expense of seeking protection in this court of its Protected Material. Nothing in 15 these provisions should be construed as authorizing, encouraging or requiring a 16 Receiving Party in this Action to disobey a lawful directive from another court. 17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 19 Protected Material to any person or in any circumstance not authorized under this 20 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

21 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 22 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 23 persons to whom unauthorized disclosures were made of all the terms of this Order, 24 and (d) request such person or persons to execute the “Acknowledgment and 25 Agreement to Be Bound” that is attached hereto as Exhibit A. 26 // 27 //

28 //

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129193507.1 P001.001/375702.1 Case 2:2 0-cv-11085-DMG-PD Document 62 Filed 04 /20/22 Page 13 of 17 Page ID #:1290 1 11. INADVERTENT PRODUCTION O F PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 If a Producing Party inadvertently produces information or documents that it 4 considered privileged, in whole or in part, it may retrieve such information or 5 documents or parts thereof as follows:

6 (a) Within twenty (20) days of the discovery of the inadvertent production,

7 the Producing Party must give written notice to all parties who received copies of 8 the produced document that the Producing Party claims said document, in whole or 9 in part, to be privileged and must state the nature of the privilege; in the event that 10 only part(s) of document(s) are claimed to be privileged, the Producing Party shall 11 furnish redacted copies of such privileged documents, removing only the part(s) 12 thereof claimed to be privileged, to all parties together with the notice (the 13 “Inadvertent Production of Privileged Materials Notice”).

14 (b) Upon receipt of such Inadvertent Production of Privileged Materials 15 Notice, all parties who have received copies of the inadvertently produced 16 document(s) shall promptly return them to the Producing Party and destroy any 17 other copies thereof except to the extent reasonably necessary to promptly present 18 the information to the court under seal for a determination of the claim pursuant to 19 Federal Rule of Civil Procedure 26(b)(5)(B). 20 (c) After service of such notice, no motion to compel the production of the

21 inadvertently produced privileged documents may rely on an allegation that any 22 privilege as to the document was waived by virtue of its inadvertent production. 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 Protective Order no Party waives any right it otherwise would have to object to

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

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129193507.1 P001.001/375702.1 Case 2:2 0-cv-11085-DMG-PD Document 62 Filed 04 /20/22 Page 14 of 17 Page ID #:1291 1 Stipulated Protective Order. Similarly, no Party waives any right to object on any 2 ground to use in evidence of 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 Civil Local Rule 79-5. Protected Material may 5 only be filed under seal pursuant to a court order authorizing the sealing of the specific

6 Protected Material at issue. If a Party's request to file Protected Material under seal is

7 denied by the court, then the Receiving Party may file the information in the public 8 record unless otherwise instructed by the court. 9 13. FINAL DISPOSITION 10 After the final disposition of this Action, as defined in paragraph 4, within 60 11 days of a written request by the Designating Party, each Receiving Party must return 12 all Protected Material to the Producing Party or destroy such material. As used in this 13 subdivision, “all Protected Material” includes all copies, abstracts, compilations,

14 summaries, and any other format reproducing or capturing any of the Protected 15 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 16 must inform the Producing Party (and, if not the same person or entity, to the 17 Designating Party) by the 60 day deadline that (1) identifies (by category, where 18 appropriate) all the Protected Material that was returned or destroyed and (2)affirms 19 that the Receiving Party has not retained any copies, abstracts, compilations, 20 summaries or any other format reproducing or capturing any of the Protected Material.

21 Notwithstanding anything contained in this Order to the contrary, the Parties may 22 retain copies of any and all discovery materials, including confidential or privileged 23 information, in accordance with applicable regulatory requirements and in accordance 24 with their normal and customary record retention protocols. In addition, the Parties 25 may, without limitation, disclose such discovery materials to any state, federal and 26 regulatory authority upon request by said governmental authority. Further, any 27 obligation to return or destroy such discovery materials shall not extend to

28 automatically-generated electronic backups created in the ordinary course of the

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129193507.1 P001.001/375702.1 Case 2:2 0-cv-11085-DMG-PD Document 62 Filed 04 /20/22 Page 15 of 17 Page ID #:1292 1 Parties’ businesses, provided any such pa rty makes no other use of the information 2 and retains it subject to the confidentiality obligations of this Order, until destroyed in 3 accordance with the party’s record retention programs. 4 Additionally, counsel are entitled to retain an archival copy of all pleadings, 5 motion papers, trial, deposition, and hearing transcripts, legal memoranda,

6 correspondence, deposition and trial exhibits, expert reports, attorney work product,

7 and consultant and expert work product, even if such materials contain Protected 8 Material. Any such archival copies that contain or constitute Protected Material 9 remain subject to this Protective Order as set forth in Section 4 (DURATION). 10 14. Any violation of this Order may be punished by any and all appropriate 11 measures including, without limitation, contempt proceedings and/or monetary 12 sanctions. 13

14 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 15 16 DATED: April 19, 2022 CARLTON FIELDS, LLP 17 By: /s/ Mark A. Neubauer 18 Mark A. Neubauer 19 Attorneys for Defendant AIG Specialty 20 Insurance Company 21 22 DATED: April 19, 2022 PASICH, LLP 23 By: /s/ Pamela Woods 24 Pamela Woods

25 Attorneys for Plaintiff 26 27 28

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129193507.1 P001.001/375702.1 Case 2:20-cv-11085-DMG-PD Document 62 Filed 04/20/22 Page 16of17 Page ID #:1293

1 || DATED: April 19, 2022 CLYDE & CO US LLP 2 By:_/s/ Sean R. Simpson 3 Sean R. Simpson Attorneys for Defendant Federal Insurance 5 Company 7 || DATED: April 19, 2022 SKARZYNSKI, MARICK & BLACK LLP g By: /s/ Tammy Yuen Tammy Yuen 10 Attorneys for Defendant XL Specialty Insurance 11 12 Attestation 13 Pursuant to Local Rule 5-4.3.4(a)(2)(i), I, Mark A. Neubauer, attest that all 14 signatories listed, and on whose behalf the filing is submitted, concur in the filing’s 15} content and have authorized the filing. 16 DATED: April 19, 2022 By: /s/ Mark A. Neubauer 17 Mark A. Neubauer 18 Attorneys for Defendant AIG Specialty 19 Insurance Company 20 21 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 23 || DATED: April 20, 2022 24 Palaces Mega hoe_ 25 PATRICIA DONAHUE 26 UNITED STATES MAGISTRATE JUDGE 27 28 -16- 129193507.1 P001.001/375702.1

Case 2:20-cv-11085-DMG-PD Document 62 Filed 04/20/22 Page 17 of 17 Page ID #:1294

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _______________________________ [print or type full name], of 4 _________________ [print or type full address] declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order

6 that was issued by the United States District Court for the Central District of

7 California on [date] in the case of Pacific Western Bank v. AIG Specialty 8 Insurance Company, et al., Case No. 2:20-cv-11085. I agree to comply with and 9 to be bound by all the terms of this Stipulated Protective Order and I understand 10 and acknowledge that failure to so comply could expose me to sanctions and 11 punishment in the nature of contempt. I solemnly promise that I will not disclose 12 in any manner any information or item that is subject to this Stipulated Protective 13 Order to any person or entity except in strict compliance 14 with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District 15 Court for the Central District of California for the purpose of enforcing the terms 16 of this Stipulated Protective Order, even if such enforcement proceedings occur 17 after termination of this action. I hereby appoint 18 _______________________________ [print or type full name], of 19 _________________ [print or type full address] as my California agent for 20 service of process in connection with this action or any proceedings related to 21 enforcement of this Stipulated Protective Order. 22 23 Date: 24 City and State where sworn and signed: 25 Printed name: 26 Signature: 27 - 17 -

28 129193507.1 P001.001/375702.1