Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 1 of 17 Page ID #:780

1 WILLIAM C. MORISON (No. 99981) [email protected] 2 MORISON LAW, LLP 3478 Buskirk Avenue, Suite 342 3 Pleasant Hill, CA 94523 Telephone: (925) 937-9990 4 Facsimile: (925) 937-3272

5 Attorneys for Plaintiff and Counterdefendant 6 HALLMARK SPECIALTY INSURANCE COMPANY 7

8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 HALLMARK SPECIALTY No. 2:21-cv-06398-DOC-JC 11 INSURANCE COMPANY, et al., 12 Plaintiffs, STIPULATION AND PROPOSED PROTECTIVE ORDER 13 vs. 14 BENNETT REAL ESTATE OWNERS [CHANGES MADE B Y COURT TO ASSOCIATION, a California PARAGRAPHS 5, 8.2, 10(C), & 15 Corporation, et al., 11(C); MISSING EXHIBIT A 16 Defendants. ADDED] 17

18 AND RELATED CROSS-ACTIONS.

19 20 1. PURPOSES AND LIMITATIONS 21 Discovery in this action is likely to involve production of confidential, 22 proprietary or private information for which special protection from public 23 disclosure and from use for any purpose other than pursuing this litigation may be 24 warranted. Accordingly, the parties hereby stipulate to and petition the Court to 25 enter the following Stipulated Protective Order. The parties acknowledge that this 26 Order does not confer blanket protections on all disclosures or responses to 27 discovery and that the protection it affords from public disclosure and use extends 28 /// - 1 - MORISON LAW, LLP STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 2 of 17 Page ID #:781

1 only to the limited information or items that are entitled to confidential treatment 2 under the applicable legal principles. 3 2. GOOD CAUSE STATEMENT 4 This action is likely to involve trade secrets, customer and pricing lists and 5 other valuable research, development, commercial, financial, technical and/or 6 proprietary information for which special protection from public disclosure and 7 from use for any purpose other than prosecution of this action is warranted. Such 8 confidential and proprietary materials and information consist of, among other 9 things, confidential business or financial information, information regarding 10 confidential business practices, or other confidential research, development, or 11 commercial information (including information implicating privacy rights of third 12 parties), information otherwise generally unavailable to the public, or which may be 13 privileged or otherwise protected from disclosure under state or federal statutes, 14 court rules, case decisions, or common law. Accordingly, to expedite the flow of 15 information, to facilitate the prompt resolution of disputes over confidentiality of 16 discovery materials, to adequately protect information the parties are entitled to 17 keep confidential, to ensure that the parties are permitted reasonable necessary uses 18 of such material in preparation for and in the conduct of trial, to address their 19 handling at the end of the litigation, and serve the ends of justice, a protective order 20 for such information is justified in this matter. It is the intent of the parties that 21 information will not be designated as confidential for tactical reasons and that 22 nothing be so designated without a good faith belief that it has been maintained in a 23 confidential, non-public manner, and there is good cause why it should not be part 24 of the public record of this case. 25 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 26 27 The parties further acknowledge, as set forth in Section 14.3, below, that this 28 Stipulated Protective Order does not entitle them to file confidential information MORISON LAW, LLP - 2 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 3 of 17 Page ID #:782

1 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 2 and the standards that will be applied when a party seeks permission from the court 3 to file material under seal. There is a strong presumption that the public has a right 4 of access to judicial proceedings and records in civil cases. In connection with non- 5 dispositive motions, good cause must be shown to support a filing under seal. See 6 Kamakana v. City and County of Honolulu,

(9th Cir. 2006), 7 Phillips v. Gen. Motors Corp.,

, 1210-11 (9th Cir. 2002), Makar- 8 Welbon v. Sony Electrics, Inc.,

(E.D. Wis. 1999) (even 9 stipulated protective orders require good cause showing), and a specific showing of 10 good cause or compelling reasons with proper evidentiary support and legal 11 justification, must be made with respect to Protected Material that a party seeks to 12 file under seal. The parties’ mere designation of Disclosure or Discovery Material 13 as CONFIDENTIAL does not— without the submission of competent evidence by 14 declaration, establishing that the material sought to be filed under seal qualifies as 15 confidential, privileged, or otherwise protectable—constitute good cause. Further, if 16 a party requests sealing related to a dispositive motion or trial, then compelling 17 reasons, not only good cause, for the sealing must be shown, and the relief sought 18 shall be narrowly tailored to serve the specific interest to be protected. See Pintos 19 v. Pacific Creditors Ass’n.,

(9th Cir. 2010). For each item or 20 type of information, document, or thing sought to be filed or introduced under seal, 21 the party seeking protection must articulate compelling reasons, supported by 22 specific facts and legal justification, for the requested sealing order. Again, 23 competent evidence supporting the application to file documents under seal must be 24 provided by declaration. Any document that is not confidential, privileged, or 25 otherwise protectable in its entirety will not be filed under seal if the confidential 26 portions can be redacted. If documents can be redacted, then a redacted version for 27 public viewing, omitting only the confidential, privileged, or otherwise protectable 28 portions of the document, shall be filed. Any application that seeks to file MORISON LAW, LLP - 3 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 4 of 17 Page ID #:783

1 documents under seal in their entirety should include an explanation of why 2 redaction is not feasible. 3 4. DEFINITIONS 4 4.1 Action: The above-captioned lawsuit and its related cross-actions. 5 4.2 Challenging Party: a Party or Non-Party that challenges the 6 designation of information or items under this Order. 7 4.3 “CONFIDENTIAL” Information or Items: information 8 (regardless of how it is generated, stored or maintained) or tangible things that 9 qualify for protection under Federal Rule of Civil Procedure 26(c), and as 10 specified above in the Good Cause Statement. 11 4.4 Counsel: Outside Counsel of Record and House Counsel (as well 12 as their support staff). 13 4.5 Designating Party: a Party or Non-Party that designates information or 14 items that it produces in disclosures or in responses to discovery as 15 “CONFIDENTIAL.” 16 4.6 Disclosure or Discovery Material: all items or information, regardless 17 of the medium or manner in which it is generated, stored, or maintained (including, 18 among other things, testimony, transcripts, and tangible things), that are produced or 19 generated in disclosures or responses to discovery, including any such information 20 designated as CONFIDENTIAL in connection witha Party’s initial disclosures, 21 pursuant to the informal agreement among the Parties in advance of this Stipulation 22 and Proposed Protective Order. 23 4.7 Expert: a person with specialized knowledge or experience in a matter 24 pertinent to the litigation who has been retained by a Party or its counsel to serve as 25 an expert witness or as a consultant in this Action. 26 4.8 House Counsel: attorneys who are employees of a party to this Action. 27 House Counsel does not include Outside Counsel of Record or any other outside 28 counsel. MORISON LAW, LLP - 4 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 5 of 17 Page ID #:784

1 4.9 Non-Party: any natural person, partnership, corporation, association or 2 other legal entity not named as a Party to this action. 3 4.10 Outside Counsel of Record: attorneys who are not employees of a 4 party to this Action but are retained to represent a party to this Action and have 5 appeared in this Action on behalf of that party or are affiliated with a law firm that 6 has appeared on behalf of that party, and includes support staff. 7 4.11 Party: any party to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staffs). 10 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 11 Discovery Material in this Action. 12 4.13 Professional Vendors: persons or entities that provide litigation 13 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 14 demonstrations, and organizing, storing, or retrieving data in any form or medium) 15 and their employees and subcontractors. 16 4.14 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL.” 18 4.15 Receiving Party: a Party that receives Disclosure or Discovery 19 Material from a Producing Party. 20 5. SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or 23 extracted from Protected Material; (2) all copies, excerpts, summaries, or 24 compilations of Protected Material; and (3) any deposition testimony, 25 conversations, or presentations by Parties or their Counsel that might reveal 26 Protected Material other than during a court hearing or at trial. Any use of 27 Protected Material during a court hearing or at trial shall be governed by the orders 28 /// MORISON LAW, LLP - 5 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 6 of 17 Page ID #:785

1 of the presiding judge and other applicable authorities. This Order does not govern 2 the use of Protected Material during a court hearing or at trial. 3 6. DURATION 4 Once a case proceeds to trial, information that was designated as 5 CONFIDENTIAL or maintained pursuant to this protective order used or 6 introduced as an exhibit at trial becomes public and will be presumptively available 7 to all members of the public, including the press, unless compelling reasons 8 supported by specific factual findings to proceed otherwise are made to the trial 9 judge in advance of the trial. See Kamakana,

(distinguishing 10 “good cause” showing for sealing documents produced in discovery from 11 “compelling reasons” standard when merits-related documents are part of court 12 record). Accordingly, the terms of this protective order do not extend beyond the 13 commencement of the trial. 14 7. DESIGNATING PROTECTED MATERIAL 15 7.1 Exercise of Restraint and Care in Designating Material for Protection. 16 Each Party or Non-Party that designates information or items for protection under 17 this Order must take care to limit any such designation to specific material that 18 qualifies under the appropriate standards. The Designating Party must designate for 19 protection only those parts of material, documents, items or oral or written 20 communications that qualify so that other portions of the material, documents, 21 items or communications for which protection is not warranted are not swept 22 unjustifiably within the ambit of this Order. Mass, indiscriminate or routinized 23 designations are prohibited. Designations that are shown to be clearly unjustified or 24 that have been made for an improper purpose (e.g., to unnecessarily encumber the 25 case development process or to impose unnecessary expenses and burdens on other 26 parties) may expose the Designating Party to sanctions. If it comes to a 27 Designating Party’s attention that information or items that it designated for 28 /// MORISON LAW, LLP - 6 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 7 of 17 Page ID #:786

1 protection do not qualify for protection, that Designating Party must promptly 2 notify all other Parties that it is withdrawing the inapplicable designation. 3 7.2 Manner and Timing of Designations. Except as otherwise provided in 4 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 5 that qualifies for protection under this Order must be clearly so designated before 6 the material is disclosed or produced. 7 Designation in conformity with this Order requires: 8 (a) for information in documentary form (e.g., paper or electronic 9 documents, but excluding transcripts of depositions or other pretrial or trial 10 proceedings), that the Producing Party affix at a minimum, the legend 11 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 12 contains protected material. If only a portion of the material on a page qualifies for 13 protection, the Producing Party also must clearly identify the protected portion(s) 14 (e.g., by making appropriate markings in the margins). 15 A Party or Non-Party that makes original documents available for inspection 16 need not designate them for protection until after the inspecting Party has indicated 17 which documents it would like copied and produced. During the inspection and 18 before the designation, all of the material made available for inspection shall be 19 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 20 documents it wants copied and produced, the Producing Party must determine 21 which documents, or portions thereof, qualify for protection under this Order. Then, 22 before producing the specified documents, the Producing Party must affix the 23 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 24 portion of the material on a page qualifies for protection, the Producing Party also 25 must clearly identify the protected portion(s) (e.g., by making appropriate markings 26 in the margins). 27 /// 28 /// MORISON LAW, LLP - 7 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 8 of 17 Page ID #:787

1 (b) for testimony given in depositions that the Designating Party 2 identifies the Disclosure or Discovery Material on the record, before the close of 3 the deposition all protected testimony. 4 (c) for information produced in some form other than documentary and 5 for any other tangible items, that the Producing Party affix in a prominent place on 6 the exterior of the container or containers in which the information is stored the 7 legend “CONFIDENTIAL.” If only a portion or portions of the information 8 warrants protection, the Producing Party, to the extent practicable, shall identify the 9 protected portion(s). 10 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 11 failure to designate qualified information or items does not, standing alone, waive 12 the Designating Party’s right to secure protection under this Order for such 13 material. Upon timely correction of a designation, the Receiving Party must make 14 reasonable efforts to assure that the material is treated in accordance with the 15 provisions of this Order. 16 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 17 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 18 designation of confidentiality at any time that is consistent with the Court’s 19 Scheduling Order. 20 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 21 resolution process under Local Rule 37-1 et seq. 22 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 23 joint stipulation pursuant to Local Rule 37-2. 24 8.4 The burden of persuasion in any such challenge proceeding shall be on 25 the Designating Party. Frivolous challenges, and those made for an improper 26 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 27 parties) may expose the Challenging Party to sanctions. Unless the Designating 28 Party has waived or withdrawn the confidentiality designation, all parties shall MORISON LAW, LLP - 8 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 9 of 17 Page ID #:788

1 continue to afford the material in question the level of protection to which it is 2 entitled under the Producing Party’s designation until the Court rules on the 3 challenge. 4 9. ACCESS TO AND USE OF PROTECTED MATERIAL 5 9.1 Basic Principles. A Receiving Party may use Protected Material that is 6 disclosed or produced by another Party or by a Non-Party in connection with this 7 Action only for prosecuting, defending or attempting to settle this Action. Such 8 Protected Material may be disclosed only to the categories of persons and under the 9 conditions described in this Order. When the Action has been terminated, a 10 Receiving Party must comply with the provisions of section 15 below (FINAL 11 DISPOSITION). 12 Protected Material must be stored and maintained by a Receiving Party at a 13 location and in a secure manner that ensures that access is limited to the persons 14 authorized under this Order. 15 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 16 otherwise ordered by the court or permitted in writing by the Designating Party, a 17 Receiving Party may disclose any information or item designated 18 “CONFIDENTIAL” only to: 19 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 20 well as employees of said Outside Counsel of Record to whom it is reasonably 21 necessary to disclose the information for this Action; 22 (b) the officers, directors, and employees (including House Counsel) of 23 the Receiving Party to whom disclosure is reasonably necessary for this Action; 24 (c) Experts (as defined in this Order) of the Receiving Party to 25 whom disclosure is reasonably necessary for this Action and who have signed the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A). 27 (d) the court and its personnel; 28 (e) court reporters and their staff; MORISON LAW, LLP - 9 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 10 of 17 Page ID #:789

1 (f) professional jury or trial consultants, mock jurors, and 2 Professional Vendors to whom disclosure is reasonably necessary for this 3 Action and who have signed the “Acknowledgment and Agreement to Be 4 Bound” (Exhibit A); 5 (g) the author or recipient of a document containing the information or 6 a custodian or other person who otherwise possessed or knew the information; 7 (h) during their depositions, witnesses, and attorneys for witnesses, in 8 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 9 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 10 they will not be permitted to keep any confidential information unless they sign the 11 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 12 agreed by the Designating Party or ordered by the court. Pages of transcribed 13 deposition testimony or exhibits to depositions that reveal Protected Material may 14 be separately bound by the court reporter and may not be disclosed to anyone 15 except as permitted under this Stipulated Protective Order; and 16 (i) any mediators or settlement officers and their supporting personnel, 17 mutually agreed upon by any of the parties engaged in settlement discussions. 18 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 19 20 If a Party is served with a subpoena or a court order issued in other litigation 21 that compels disclosure of any information or items designated in this Action as 22 “CONFIDENTIAL,” that Party must: 23 (a) promptly notify in writing the Designating Party. Such notification 24 shall include a copy of the subpoena or court order; 25 (b) promptly notify in writing the party who caused the subpoena or 26 order to issue in the other litigation that some or all of the material covered by the 27 subpoena or order is subject to this Protective Order. Such notification shall 28 include a copy of this Stipulated Protective Order; and MORISON LAW, LLP - 10 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 11 of 17 Page ID #:790

1 (c) cooperate with respect to all reasonable procedures sought to be 2 pursued by the Designating Party whose Protected Material may be affected. If the 3 Designating Party timely seeks a protective order, the Party served with the 4 subpoena or court order shall not produce any information designated in this action 5 as “CONFIDENTIAL” before a determination by the court from which the 6 subpoena or order issued, unless the Party has obtained the Designating Party’s 7 permission unless otherwise required by the law or court order. The Designating 8 Party shall bear the burden and expense of seeking protection in that court of its 9 confidential material and nothing in these provisions should be construed as 10 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 11 directive from another court. 12 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 13 14 (a) The terms of this Order are applicable to information produced by a 15 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 16 produced by Non-Parties in connection with this litigation is protected by the 17 remedies and relief provided by this Order. Nothing in these provisions should be 18 construed as prohibiting a Non-Party from seeking additional protections. 19 (b) In the event that a Party is required, by a valid discovery request, to 20 produce a Non-Party’s confidential information in its possession, and the Party is 21 subject to an agreement with the Non-Party not to produce the Non-Party’s 22 confidential information, then the Party shall: 23 (1) promptly notify in writing the Requesting Party and the Non-Party 24 that some or all of the information requested is subject to a confidentiality 25 agreement with a Non-Party; 26 (2) promptly provide the Non-Party with a copy of the Stipulated 27 Protective Order in this Action, the relevant discovery request(s), and a reasonably 28 specific description of the information requested; and MORISON LAW, LLP - 11 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 12 of 17 Page ID #:791

1 (3) make the information requested available for inspection by the 2 Non-Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this court 4 within 14 days of receiving the notice and accompanying information, the 5 Receiving Party may produce the Non-Party’s confidential information responsive 6 to the discovery request. If the Non-Party timely seeks a protective order, the 7 Receiving Party shall not produce any information in its possession or control that 8 is subject to the confidentiality agreement with the Non-Party before a 9 determination by the court unless otherwise required by the law or court order. 10 Absent a court order to the contrary, the Non-Party shall bear the burden and 11 expense of seeking protection in this court of its Protected Material. 12 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 14 Protected Material to any person or in any circumstance not authorized under this 15 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 16 writing the Designating Party of the unauthorized disclosures, (b) use its best 17 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 18 person or persons to whom unauthorized disclosures were made of all the terms of 19 this Order, and (d) request such person or persons to execute the “Acknowledgment 20 an Agreement to Be Bound” attached hereto as Exhibit A. 21 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 22 23 When a Producing Party gives notice to Receiving Parties that certain 24 inadvertently produced material is subject to a claim of privilege or other 25 protection, the obligations of the Receiving Parties are those set forth in Federal 26 Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to modify 27 whatever procedure may be established in an e-discovery order that provides for 28 production without prior privilege review. Pursuant to Federal Rule of Evidence MORISON LAW, LLP - 12 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 13 of 17 Page ID #:792

1 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 2 of a communication or information covered by the attorney-client privilege or work 3 product protection, the parties may incorporate their agreement in the stipulated 4 protective order submitted to the court. 5 14. MISCELLANEOUS 6 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 7 person to seek its modification by the Court in the future. 8 14.2 Right to Assert Other Objections. By stipulating to the entry of this 9 Protective Order, no Party waives any right it otherwise would have to object to 10 disclosing or producing any information or item on any ground not addressed in 11 this Stipulated Protective Order. Similarly, no Party waives any right to object on 12 any ground to use in evidence of any of the material covered by this Protective 13 Order. 14 14.3 Filing Protected Material. A Party that seeks to file under seal any 15 Protected Material must comply with Local Civil Rule 79-5. Protected Material 16 may only be filed under seal pursuant to a court order authorizing the sealing of the 17 specific Protected Material. If a Party’s request to file Protected Material under 18 seal is denied by the court, then the Receiving Party may file the information in the 19 public record unless otherwise instructed by the court. 20 15. FINAL DISPOSITION 21 After the final disposition of this Action, as defined in paragraph 6, within 60 22 days of a written request by the Designating Party, each Receiving Party must 23 return all Protected Material to the Producing Party or destroy such material. As 24 used in this subdivision, “all Protected Material” includes all copies, abstracts, 25 compilations, summaries, and any other format reproducing or capturing any of the 26 Protected Material. Whether the Protected Material is returned or destroyed, the 27 Receiving Party must submit a written certification to the Producing Party (and, if 28 not the same person or entity, to the Designating Party) by the 60-day deadline that MORISON LAW, LLP - 13 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 14 of 17 Page ID #:793

1 (1) identifies (by category, where appropriate) all the Protected Material that was 2 returned or destroyed and (2) affirms that the Receiving Party has not retained any 3 copies, abstracts, compilations, summaries or any other format reproducing or 4 capturing any of the Protected Material. Notwithstanding this provision, Counsel 5 are entitled to retain an archival copy of all pleadings, motion papers, trial, 6 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 7 and trial exhibits, expert reports, attorney work product, and consultant and expert 8 work product, even if such materials contain Protected Material. Any such archival 9 copies that contain or constitute Protected Material remain subject to this Protective 10 Order as set forth in Section 6 (DURATION). 11 16. VIOLATION 12 Any violation of this Order may be punished by appropriate measures 13 including, without limitation, contempt proceedings and/or monetary sanctions. 14 15 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 16 Dated: April 6, 2022 MORISON LAW, LLP

17

18 By: /s/William C. Morison William C. Morison 19 Attorneys for Plaintiff and 20 Counter-Defendant HALLMARK SPECIALTY 21 INSURANCE COMPANY

22 Dated: April 6, 2022 SOLTMAN LEVITT FLAHERTY AND WATTLES LLP 23

24 By: /s/ Steven Barry Soltman 25 Steven Barry Soltman

26 Attorneys for Plaintiff and Counter-Defendant 27 LLOYD’S OF LONDON NOVAE 2007 SYNDICATE 28 MORISON LAW, LLP - 14 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 15 of 17 Page ID #:794

1

2

3

4 Dated: April 6, 2022 CUMMINS & WHITE, LLP

5 6 By: /s/Margaret R. Miglietta Larry M. Arnold, P.C. 7 Margaret R. Miglietta

8 Attorneys for Plaintiffs and Counter-Defendants 9 ASPEN SPECIALTY INSURANCE COMPANY; 10 NAVIGATORS SPECIALTY INSURANCE COMPANY; 11 PELEUS INSURANCE COMPANY and NATIONAL FIRE 12 & MARINE INSURANCE COMPANY 13

14 Dated: April 7, 2022 MERLIN LAW GROUP

15 16 By: /s/ Victor J. Jacobellis Victor J. Jacobellis 17 Attorneys for Defendant, 18 Counterclaimant, and Third-Party Plaintiff 19 LCG BELGRAVE LLC

20 Dated: April 7, 2022 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 21

22 By: /s/Rebekah E. Yanni 23 Paul S. White Rebekah E. Yanni 24 Attorneys for Third-Party 25 Defendant RSG SPECIALTY, LLC 26 27 28 MORISON LAW, LLP - 15 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 16 of 17 Page ID #:795

1 Dated: April , 2022 FREEMAN MATHIS AND GARY, LLP 2

3 By: /s/Marc J. Shranke 4 Marc J. Shranke Amanda M. Figueroa 5 Attorneys for Third-Party 6 Defendant JAMES P. BENNETT & COMPANY 7 8 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED AS MODIFIED. 9 Dated: May 5, 2022 10 ________________/s/_________________ Jacqueline Chooljian 11 United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MORISON LAW, LLP - 16 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC Case 2:21-cv-06398-DOC-JC Document 61 Filed 05/05/22 Page 17 of 17 Page ID #:796

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Protective Order that was issued by 7 the United States District Court for the Central District of California on May 5, 2022, 8 in the case of Hallmark Specialty Insurance Company, et al. v. Bennett Real Estate 9 Owners Association (C.D. Cal. Case No. 2:21-cv-06398-DOC-JC) and related cross 10 actions. I agree to comply with and to be bound by all the terms of this Protective 11 Order and I understand and acknowledge that failure to so comply could expose me 12 to sanctions and punishment in the nature of contempt. I solemnly promise that I will 13 not disclose in any manner any information or item that is subject to this Protective 14 Order to any person or entity except in strict compliance with the provisions of this 15 Order. 16 I further agree to submit to the jurisdiction of the United States District Court 17 for the Central District of California for the purpose of enforcing the terms of this 18 Protective Order, even if such enforcement proceedings occur after termination of 19 this action. I hereby appoint __________________________ [print or type full 20 name] of _______________________________________ [print or type full address 21 and telephone number] as my California agent for service of process in connection 22 with this action or any proceedings related to enforcement of this Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________ MORISON LAW, LLP - 17 - STIPULATION AND PROTECTIVE ORDER No. 2:21-cv-06398-DOC-JC