Case 2:21-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page 1 of 16 Page ID #:225

11 NICHOLAS J. BOOS (SBN 233399) [email protected] 22 MATTHEW A. CHIPMAN (SBN 332944) [email protected] 33 MAYNARD COOPER & GALE, LLP Two Embarcadero Center, Suite 1450 44 San Francisco, California 94111 Telephone: (415) 646-4700 55 Facsimile: (205) 254-1999 66 Attorneys for Defendant GENERAL INSURANCE 77 COMPANY OF AMERICA, erroneously sued as “SAFECO INSURANCE COMPANY OF AMERICA, 88 A LIBERTY MUTUAL COMPANY 99 RICHARD SPITALERI, JR. (SBN 332314) RICHARD SPITALERI, JR., ESQ. 1100 411 Chestnut St., Apt. 3C Newark, New Jersey 07105 1111 Telephone: (201) 873-9133 1122 Attorney for Plaintiff HOPE LESTER 1133 UNITED STATES DISTRICT COURT 1144 CENTRAL DISTRICT OF CALIFORNIA 1155 HOPE LESTER, Case No. 2:21-cv-06387-RSWL-E 1166 Plaintiffs, STIPULATED PROTECTIVE 1177 ORDER v. 1188 SAFECO INSURANCE COMPANY OF 1199 AMERICA, A LIBERTY MUTUAL INSURANCE COMPANY, a 2200 corporation and DOES 1 TO 100, 2211 Defendants. 2222 2233 2244 2255 2266 2277 2288 {06540473.1} STIPULATED PROTECTIVE ORDER Case 2:21-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page 2 of 16 Page ID #:226

1 A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve documents that either side may believe, in 13 good faith, contains trade secrets, customer and pricing information and other 14 valuable research, development, commercial, financial, technical and/or proprietary 15 information for which special protection from public disclosure and from use for 16 any purpose other than prosecution of this action may be warranted. Such 17 confidential and proprietary materials and information consist of, among other 18 things, confidential business or financial information, information regarding 19 confidential business practices, or other confidential research, development, or 20 commercial information (including information implicating privacy rights of third 21 parties), information otherwise generally unavailable to the public, or which may be 22 privileged or otherwise protected from disclosure under state or federal statutes, 23 court rules, case decisions, or common law. Accordingly, and for the following 24 purposes, while expressly reserving each side’s right to later challenge another’s 25 designation: to expedite the flow of information, to facilitate the prompt resolution 26 of disputes over confidentiality of discovery materials, to adequately protect 27 information the parties are entitled to keep confidential, to ensure that the parties 28 are permitted reasonable necessary uses of such material in preparation for and in {06540473.1} 2 STIPULATED PROTECTIVE ORDER Case 2:21-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page 3 of 16 Page ID #:227

1 the conduct of trial, to address their handling at the end of the litigation, and serve 2 the ends of justice, a protective order for such information is justified in this matter. 3 It is the intent of the parties that information will not be designated as confidential 4 for tactical reasons and that nothing be so designated without a good faith belief 5 that it has been maintained in a confidential, non-public manner, and there is good 6 cause why it should not be part of the public record of this case. Nothing in this 7 proposed Stipulated Protective Order should be later interpreted as either party 8 conceding the merits of another’s designation of a specific document or information 9 as protected. 10 C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER 11 SEAL 12 The parties further acknowledge, as set forth in Section 12.3, below, that this 13 Stipulated Protective Order does not entitle them to file confidential information 14 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 15 and the standards that will be applied when a party seeks permission from the court 16 to file material under seal. 17 There is a strong presumption that the public has a right of access to judicial 18 proceedings and records in civil cases. In connection with non-dispositive motions, 19 good cause must be shown to support a filing under seal. See Kamakana v. City and 20 County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. Motors 21 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 22 Inc.,

(E.D. Wis. 1999) (even stipulated protective orders 23 require good cause showing), and a specific showing of good cause or compelling 24 reasons with proper evidentiary support and legal justification, must be made with 25 respect to Protected Material that a party seeks to file under seal. The parties’ mere 26 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 27 without the submission of competent evidence by declaration, establishing that the 28 material sought to be filed under seal qualifies as confidential, privileged, or {06540473.1} 3 STIPULATED PROTECTIVE ORDER Case 2:21-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page 4 of 16 Page ID #:228

1 otherwise protectable—constitute good cause. 2 Any document that is not confidential, privileged, or otherwise protectable in 3 its entirety will not be filed under seal if the confidential portions can be redacted. 4 If documents can be redacted, then a redacted version for public viewing, omitting 5 only the confidential, privileged, or otherwise protectable portions of the document, 6 shall be filed. Any application that seeks to file documents under seal in their 7 entirety should include an explanation of why redaction is not feasible. 8 2. DEFINITIONS 9 2.1 Action: Hope Lester v. Safeco Insurance Company of America, et al., 10 Case No. 2:21-cv-06387-RSWL-E. 11 2.2 Challenging Party: a Party or Non-Party that challenges the 12 designation of information or items under this Order. 13 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 14 how it is generated, stored or maintained) or tangible things that qualify for 15 protection under Federal Rule of Civil Procedure 26(c). 16 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 17 their support staff). 18 2.5 Designating Party: a Party or Non-Party that designates information or 19 items that it produces in disclosures or in responses to discovery as 20 “CONFIDENTIAL.” 21 2.6 Disclosure or Discovery Material: all items or information, regardless 22 of the medium or manner in which it is generated, stored, or maintained (including, 23 among other things, testimony, transcripts, and tangible things), that are produced 24 or generated in disclosures or responses to discovery in this matter. 25 2.7 Expert: a person with specialized knowledge or experience in a matter 26 pertinent to the litigation who has been retained by a Party or its counsel to serve as 27 an expert witness or as a consultant in this Action. 28 2.8 House Counsel: attorneys who are employees of a party to this Action. {06540473.1} 4 STIPULATED PROTECTIVE ORDER Case 2:21-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page 5 of 16 Page ID #:229

1 House Counsel does not include Outside Counsel of Record or any other outside 2 counsel. 3 2.9 Non-Party: any natural person, partnership, corporation, association or 4 other legal entity not named as a Party to this action. 5 2.10 Outside Counsel of Record: attorneys who are not employees of a 6 party to this Action but are retained to represent or advise a party to this Action and 7 have appeared in this Action on behalf of that party or are affiliated with a law firm 8 that has appeared on behalf of that party, and includes support staff. 9 2.11 Party: any party to this Action, including all of its officers, directors, 10 employees, consultants, retained experts, and Outside Counsel of Record (and their 11 support staffs). 12 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 13 Discovery Material in this Action. 14 2.13 Professional Vendors: persons or entities that provide litigation 15 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 16 demonstrations, and organizing, storing, or retrieving data in any form or medium) 17 and their employees and subcontractors. 18 2.14 Protected Material: any Disclosure or Discovery Material that is 19 designated as “CONFIDENTIAL.” 20 2.15 Receiving Party: a Party that receives Disclosure or Discovery 21 Material from a Producing Party. 22 3. SCOPE 23 The protections conferred by this Stipulation and Order cover not only 24 Protected Material (as defined above), but also (1) any information copied or 25 extracted from Protected Material; (2) all copies, excerpts, summaries, or 26 compilations of Protected Material; and (3) any testimony, conversations, or 27 presentations by Parties or their Counsel that might reveal Protected Material. 28 However, the protections conferred by this Stipulated Order do not cover the {06540473.1} 5 STIPULATED PROTECTIVE ORDER Case 2:21-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page 6 of 16 Page ID #:230

1 following information: (a) any information that is in the public domain at the time 2 of disclosure to a Receiving Party or becomes part of the public domain after its 3 lawful disclosure to a Receiving Party as a result of publication not involving a 4 violation of this Order and not involving a violation of another court order, 5 including becoming part of the public record through trial or otherwise; and (b) any 6 information known to the Receiving Party prior to the disclosure or obtained by the 7 Receiving Party after the disclosure from a source who obtained the information 8 lawfully and under no obligation of confidentiality to the Designating Party. Any 9 use of Protected Material at trial shall be governed by a separate agreement or 10 order. 11 Any use of Protected Material at trial shall be governed by the orders of the 12 trial judge. This Order does not govern the use of Protected Material at trial. 13 4. DURATION 14 Once a case proceeds to trial, information that was designated as 15 CONFIDENTIAL or maintained pursuant to this protective order used or 16 introduced as an exhibit at trial becomes public and will be presumptively available 17 to all members of the public, including the press, unless compelling reasons 18 supported by specific factual findings to proceed otherwise are made to the trial 19 judge in advance of the trial. See Kamakana,

(distinguishing 20 “good cause” showing for sealing documents produced in discovery from 21 “compelling reasons” standard when merits-related documents are part of court 22 record). Accordingly, the terms of this protective order do not extend beyond the 23 commencement of the trial. 24 5. DESIGNATED PROTECTED MATERIAL 25 5.1 Exercise of Restraint and Care in Designating Material for Protection. 26 Each Party or Non-Party that designates information or items for protection under 27 this Order must take care to limit any such designation to specific material that 28 qualifies under the appropriate standards. The Designating Party must designate for {06540473.1} 6 STIPULATED PROTECTIVE ORDER Case 2:21-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page 7 of 16 Page ID #:231

1 protection only those parts of material, documents, items or oral or written 2 communications that qualify so that other portions of the material, documents, 3 items or communications for which protection is not warranted are not swept 4 unjustifiably within the ambit of this Order. 5 Mass, indiscriminate or routinized designations are prohibited. Designations 6 that are shown to be clearly unjustified or that have been made for an improper 7 purpose (e.g., to unnecessarily encumber the case development process or to 8 impose unnecessary expenses and burdens on other parties) may expose the 9 Designating Party to sanctions. 10 If it comes to a Designating Party’s attention that information or items that it 11 designated for protection do not qualify for protection, that Designating Party must 12 promptly notify all other Parties that it is withdrawing the inapplicable designation. 13 5.2 Manner and Timing of Designations. Except as otherwise provided in 14 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 15 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 16 under this Order must be clearly so designated before the material is disclosed or 17 produced. 18 Designation in conformity with this Order requires: 19 (a) for information in documentary form (e.g., paper or electronic 20 documents, but excluding transcripts of depositions or other pretrial or trial 21 proceedings), that the Producing Party affix at a minimum, the legend 22 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 23 contains protected material. If only a portion of the material on a page qualifies for 24 protection, the Producing Party also must clearly identify the protected portion(s) 25 (e.g., by making appropriate markings in the margins). 26 A Party or Non-Party that makes original documents available for inspection 27 need not designate them for protection until after the inspecting Party has indicated 28 which documents it would like copied and produced. During the inspection and {06540473.1} 7 STIPULATED PROTECTIVE ORDER Case 2:21-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page 8 of 16 Page ID #:232

1 before the designation, all of the material made available for inspection shall be 2 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 3 documents it wants copied and produced, the Producing Party must determine 4 which documents, or portions thereof, qualify for protection under this Order. Then, 5 before producing the specified documents, the Producing Party must affix the 6 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 7 portion of the material on a page qualifies for protection, the Producing Party also 8 must clearly identify the protected portion(s) (e.g., by making appropriate markings 9 in the margins). 10 (b) for testimony given in depositions that the Designating Party identifies 11 the Disclosure or Discovery Material on the record, before the close of the 12 deposition all protected testimony. 13 (c) for information produced in some form other than documentary and 14 for any other tangible items, that the Producing Party affix in a prominent place on 15 the exterior of the container or containers in which the information is stored the 16 legend “CONFIDENTIAL.” If only a portion or portions of the information 17 warrants protection, the Producing Party, to the extent practicable, shall identify the 18 protected portion(s). 19 5.3 Inadvertent Failures to Designate. An inadvertent failure to designate 20 qualified information or items does not, standing alone, waive the Designating 21 Party’s right to secure protection under this Order for such material. Upon 22 correction of a designation, the Receiving Party must make reasonable efforts to 23 assure that the material is treated in accordance with the provisions of this Order. 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 26 designation of confidentiality at any time. Unless a prompt challenge to a 27 Designating Party’s confidentiality designation is necessary to avoid foreseeable, 28 substantial unfairness, unnecessary economic burdens, or a significant disruption or {06540473.1} 8 STIPULATED PROTECTIVE ORDER Case 2:21-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page 9 of 16 Page ID #:233

1 delay of the litigation, a Party does not waive its right to challenge a confidentiality 2 designation by electing not to mount a challenge promptly after the original 3 designation is disclosed. 4 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 5 resolution process under Local Rule 37-1 et seq. 6 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 7 joint stipulation pursuant to Local Rule 37-2. 8 6.4 The burden of persuasion in any such challenge proceeding shall be on 9 the Designating Party. Frivolous challenges, and those made for an improper 10 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 11 parties) may expose the Challenging Party to sanctions. Unless the Designating 12 Party has waived or withdrawn the confidentiality designation, all parties shall 13 continue to afford the material in question the level of protection to which it is 14 entitled under the Producing Party’s designation until the Court rules on the 15 challenge. 16 7. ACCESS TO AND USE OF PROTECTED MATERIAL 17 7.1 Basic Principles. A Receiving Party may use Protected Material that is 18 disclosed or produced by another Party or by a Non-Party in connection with this 19 Action only for prosecuting, defending or attempting to settle this Action. Such 20 Protected Material may be disclosed only to the categories of persons and under the 21 conditions described in this Order. When the Action has been terminated, a 22 Receiving Party must comply with the provisions of section 13 below (FINAL 23 DISPOSITION). 24 Protected Material must be stored and maintained by a Receiving Party at a 25 location and in a secure manner that ensures that access is limited to the persons 26 authorized under this Order. 27 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 28 otherwise ordered by the court or permitted in writing by the Designating Party, a {06540473.1} 9 STIPULATED PROTECTIVE ORDER Case 2:21-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page 10 of 16 Page ID #:234

1 Receiving Party may disclose any information or item designated 2 “CONFIDENTIAL” only to: 3 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 4 well as employees of said Outside Counsel of Record to whom it is reasonably 5 necessary to disclose the information for this Action; 6 (b) the officers, directors, and employees (including House Counsel) of 7 the Receiving Party to whom disclosure is reasonably necessary for this Action; 8 (c) Experts (as defined in this Order) of the Receiving Party to whom 9 disclosure is reasonably necessary for this Action and who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (d) the court and its personnel; 12 (e) court reporters and their staff; 13 (f) professional jury or trial consultants, mock jurors, and Professional 14 Vendors to whom disclosure is reasonably necessary for this Action and who have 15 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (g) the author or recipient of a document containing the information or a 17 custodian or other person who otherwise possessed or knew the information; 18 (h) during their depositions, witnesses, and attorneys for witnesses, in the 19 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 20 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they 21 will not be permitted to keep any confidential information unless they sign the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 23 agreed by the Designating Party or ordered by the court. Pages of transcribed 24 deposition testimony or exhibits to depositions that reveal Protected Material may 25 be separately bound by the court reporter and may not be disclosed to anyone 26 except as permitted under this Stipulated Protective Order; and 27 (i) any mediator or settlement officer, and their supporting personnel, 28 mutually agreed upon by any of the parties engaged in settlement discussions. {06540473.1} 10 STIPULATED PROTECTIVE ORDER Case 2:21-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page 11 of 16 Page ID #:235

1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification 7 shall include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order 9 to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall include 11 a copy of this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with 15 the subpoena or court order shall not produce any information designated in this 16 action as “CONFIDENTIAL” before a determination by the court from which the 17 subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party shall bear the burden and expense of seeking 19 protection in that court of its confidential material and nothing in these provisions 20 should be construed as authorizing or encouraging a Receiving Party in this Action 21 to disobey a lawful directive from another court. 22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 23 PRODUCED IN THIS LITIGATION 24 (a) The terms of this Order are applicable to information produced by a 25 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 26 produced by Non-Parties in connection with this litigation is protected by the 27 remedies and relief provided by this Order. Nothing in these provisions should be 28 construed as prohibiting a Non-Party from seeking additional protections. {06540473.1} 11 STIPULATED PROTECTIVE ORDER Case 2:21-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page 12 of 16 Page ID #:236

1 (b) In the event that a Party is required, by a valid discovery request, to 2 produce a Non-Party’s confidential information in its possession, and the Party is 3 subject to an agreement with the Non-Party not to produce the Non-Party’s 4 confidential information, then the Party shall: 5 (1) promptly notify in writing the Requesting Party and the Non- 6 Party that some or all of the information requested is subject to a confidentiality 7 agreement with a Non-Party; 8 (2) promptly provide the Non-Party with a copy of the Stipulated 9 Protective Order in this Action, the relevant discovery request(s), and a reasonably 10 specific description of the information requested; and 11 (3) make the information requested available for inspection by the 12 Non-Party, if requested. 13 (c) If the Non-Party fails to seek a protective order from this court within 14 14 days of receiving the notice and accompanying information, the Receiving Party 15 may produce the Non-Party’s confidential information responsive to the discovery 16 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 17 not produce any information in its possession or control that is subject to the 18 confidentiality agreement with the Non-Party before a determination by the court. 19 Absent a court order to the contrary, the Non-Party shall bear the burden and 20 expense of seeking protection in this court of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this 24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 25 writing the Designating Party of the unauthorized disclosures, (b) use its best 26 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 27 person or persons to whom unauthorized disclosures were made of all the terms of 28 this Order, and (d) request such person or persons to execute the “Acknowledgment {06540473.1} 12 STIPULATED PROTECTIVE ORDER Case 2:21-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page 13 of 16 Page ID #:237

1 and Agreement to Be Bound” that is attached hereto as Exhibit A. 2 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 3 PROTECTED MATERIAL 4 When a Producing Party gives notice to Receiving Parties that certain 5 inadvertently produced material is subject to a claim of privilege or other 6 protection, the obligations of the Receiving Parties are those set forth in Federal 7 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 8 whatever procedure may be established in an e-discovery order that provides for 9 production without prior privilege review. Pursuant to Federal Rule of Evidence 10 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 11 of a communication or information covered by the attorney-client privilege or work 12 product protection, the parties may incorporate their agreement in the stipulated 13 protective order submitted to the court. 14 12. MISCELLANEOUS 15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 16 person to seek its modification by the Court in the future. 17 12.2 Right to Assert Other Objections. By stipulating to the entry of this 18 Protective Order, no Party waives any right it otherwise would have to object to 19 disclosing or producing any information or item on any ground not addressed in 20 this Stipulated Protective Order. Similarly, no Party waives any right to object on 21 any ground to use in evidence of any of the material covered by this Protective 22 Order. 23 12.3 Filing Protected Material. A Party that seeks to file under seal any 24 Protected Material must comply with Local Civil Rule 79-5. Protected Material 25 may only be filed under seal pursuant to a court order authorizing the sealing of the 26 specific Protected Material at issue. If a Party’s request to file Protected Material 27 under seal is denied by the court, then the Receiving Party may file the information 28 in the public record unless otherwise instructed by the court. {06540473.1} 13 STIPULATED PROTECTIVE ORDER Case 2:21-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page 14 of 16 Page ID #:238

1 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 4, within 60 3 days of a written request by the Designating Party, each Receiving Party must 4 return all Protected Material to the Producing Party or destroy such material. As 5 used in this subdivision, “all Protected Material” includes all copies, abstracts, 6 compilations, summaries, and any other format reproducing or capturing any of the 7 Protected Material. Whether the Protected Material is returned or destroyed, the 8 Receiving Party must submit a written certification to the Producing Party (and, if 9 not the same person or entity, to the Designating Party) by the 60 day deadline that 10 (1) identifies (by category, where appropriate) all the Protected Material that was 11 returned or destroyed and (2) affirms that the Receiving Party has not retained any 12 copies, abstracts, compilations, summaries or any other format reproducing or 13 capturing any of the Protected Material. Notwithstanding this provision, Counsel 14 are entitled to retain an archival copy of all pleadings, motion papers, trial, 15 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 16 and trial exhibits, expert reports, attorney work product, and consultant and expert 17 work product, even if such materials contain Protected Material. Any such archival 18 copies that contain or constitute Protected Material remain subject to this Protective 19 Order as set forth in Section 4 (DURATION). 20 14. VIOLATION 21 Any violation of this Order may be punished by appropriate measures 22 including, without limitation, contempt proceedings and/or monetary sanctions. 23 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 24 We hereby attest that concurrence in the filing of this stipulation was 25 obtained by each of the below identified signatories. 26 27 28 {06540473.1} 14 STIPULATED PROTECTIVE ORDER Case 2(P1-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page15o0f16 Page ID #:239

1|| Dated: August 30, 2022 MAYNARD COOPER & GALE LLP 3 /s/ Nicholas J. Boos Nicholas J. Boos 4 Matthew Chipman Attorneys for Defendant General Insurance 5 Company of America Dated: August 30, 2022 RICHARD SPITALERI JR., ESQ. /s/ Richard Spitaleri, Jr. 9 Richard Spitaleri, Jr. 10 Attorney for Plaintiff Hope Lester

1] '2 |] FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 13 '4)) DATED: _ 8/30/22 /S/ CHARLES F. EICK 15 HON. CHARLES F. EICK 6 UNITED STATES MAGISTRATE JUDGE

17 18 19 20 21 22 23 24 25 26 27 28

{06540473.1} 15 STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06387-RSWL-E Document 23 Filed 08/30/22 Page 16 of 16 Page ID #:240

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 Stipulated Protective Order that was 7 issued by the United States District Court for the Central District of California on 8 __________ in the case of Hope Lester v. Safeco Insurance Company of America, et 9 al., Case No. 2:21-cv-06387-RSWL-E. I agree to comply with and to be bound by 10 all the terms of this Stipulated Protective Order and I understand and acknowledge 11 that failure to so comply could expose me to sanctions and punishment in the nature 12 of contempt. I solemnly promise that I will not disclose in any manner any 13 information or item that is subject to this Stipulated Protective Order to any person or 14 entity except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. 18 I hereby appoint ___________________________ [print or type full name] of 19 ________________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: 25 26 Printed name: 27 28 Signature: {06540473.1} 16 STIPULATED PROTECTIVE ORDER