Case 8:22-cv-00791-CJC-DFM Document 9 Filed 11/22/22 Page 1 of 15 Page ID #:70

1 MARC S. HINES (SBN 140065) [email protected] 2 NICOLE M. HAMPTON (SBN 189024) [email protected] 3 BRIAN PELANDA (SBN 278453) [email protected] 4 HINES HAMPTON PELANDA LLP 23 Corporate Plaza Dr., Suite 150 5 Newport Beach, California 92660 Tel.: (714) 513-1122 6 Fax: (714) 242-9529

7 Attorneys for Defendant CRESTBROOK INSURANCE COMPANY 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION 10

11 LAWRENCE POLLACK, an CASE NO.: 8:22-cv-00791-CJC- individual; and SHANNA POLLACK, DFM 12 an individual, Hon. Cormac J. Carney

13 Plaintiffs, STIPULATION AND PROTECTIVE 14 ORDER vs. 15 CRESTBROOK INSURANCE 16 COMPANY, an Ohio corporation and DOES 1-10, 17 Defendants. 18

19 1. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, 21 proprietary or private information for which special protection from public 22 disclosure and from use for any purpose other than pursuing this litigation may be 23 warranted. Accordingly, PLAINTIFFS LAWRENCE AND SHANNA POLLACK 24 and DEFENDANT CRESTBROOK INSURANCE COMPANY (jointly, the 25 “parties”) hereby stipulate to and petition the Court to enter the following 26 Stipulated Protective Order. The parties acknowledge that this Order does not 27 confer blanket protections on all disclosures or responses to discovery and that the 28 1 STIPULATED PROTECTIVE ORDER Case 8:22-cv-00791-CJC-DFM Document 9 Filed 11/22/22 Page 2 of 15 Page ID #:71

1 protection it affords from public disclosure and use extends only to the limited 2 information or items that are entitled to confidential treatment under the applicable 3 legal principles. 4 2. GOOD CAUSE STATEMENT 5 This action is likely to involve trade secrets and other valuable research, 6 development, commercial, financial, technical and/or proprietary information for 7 which special protection from public disclosure and from use for any purpose other 8 than prosecution of this action is warranted. Such confidential and proprietary 9 materials and information consist of, among other things, confidential business or 10 financial information, information regarding confidential business practices and 11 procedures, including claims handling manuals, or other confidential research, 12 development, or commercial information (including information implicating 13 privacy rights of third parties such as claim files or personnel records), information 14 otherwise generally unavailable to the public, or which may be privileged or 15 otherwise protected from disclosure under state or federal statutes, court rules, case 16 decisions, or common law. Accordingly, to expedite the flow of information, to 17 facilitate the prompt resolution of disputes over confidentiality of discovery 18 materials, to adequately protect information the parties are entitled to keep 19 confidential, to ensure that the parties are permitted reasonable necessary uses of 20 such material in preparation for and in the conduct of trial, to address their 21 handling at the end of the litigation, and serve the ends of justice, a protective order 22 for such information is justified in this matter. It is the intent of the parties that 23 information will not be designated as confidential for tactical reasons and that 24 nothing be so designated without a good faith belief that it has been maintained in 25 a confidential, non-public manner, and there is good cause why it should not be 26 part of the public record of this case. 27 //// 28 2 STIPULATED PROTECTIVE ORDER Case 8:22-cv-00791-CJC-DFM Document 9 Filed 11/22/22 Page 3 of 15 Page ID #:72

1 2 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 3 The parties further acknowledge, as set forth in Section 14.3, below, that this 4 Stipulated Protective Order does not entitle them to file confidential information 5 under seal. Local Civil Rule 79-5 sets forth the procedures that must be followed 6 and the standards that will be applied when a party seeks permission from the court 7 to file material under seal. There is a strong presumption that the public has a right 8 of access to judicial proceedings and records in civil cases. In connection with non- 9 dispositive motions, good cause must be shown to support a filing under seal. See 10 Kamakana v. City and County of Honolulu,

(9th Cir. 2006), 11 Phillips v. Gen. Motors Corp.,

, 1210-11 (9th Cir. 2002), Makar- 12 Welbon v. Sony Electrics, Inc.,

(E.D. Wis. 1999) (even 13 stipulated protective orders require good cause showing), and a specific showing of 14 good cause or compelling reasons with proper evidentiary support and legal 15 justification must be made with respect to Protected Material that a party seeks to 16 file under seal. The parties’ mere designation of Disclosure or Discovery Material 17 as CONFIDENTIAL does not— without the submission of competent evidence by 18 declaration, establishing that the material sought to be filed under seal qualifies as 19 confidential, privileged, or otherwise protectable—constitute good cause. 20 Further, if a party requests sealing related to a dispositive motion or trial, 21 then compelling reasons, not only good cause, for the sealing must be shown, and 22 the relief sought shall be narrowly tailored to serve the specific interest to be 23 protected. See Pintos v. Pacific Creditors Ass’n.,

(9th Cir. 24 2010). For each item or type of information, document, or thing sought to be filed 25 or introduced under seal, the party seeking protection must articulate compelling 26 reasons, supported by specific facts and legal justification, for the requested sealing 27 order. Again, competent evidence supporting the application to file documents 28 3 STIPULATED PROTECTIVE ORDER Case 8:22-cv-00791-CJC-DFM Document 9 Filed 11/22/22 Page 4 of 15 Page ID #:73

1 under seal must be provided by declaration. 2 Any document that is not confidential, privileged, or otherwise protectable 3 in its entirety will not be filed under seal if the confidential portions can be 4 redacted. If documents can be redacted, then a redacted version for public viewing, 5 omitting only the confidential, privileged, or otherwise protectable portions of the 6 document, shall be filed. Any application that seeks to file documents under seal in 7 their entirety should include an explanation of why redaction is not feasible. 8 4. DEFINITIONS 9 4.1 ACTION: This pending lawsuit. 10 4.2 CHALLENGING PARTY: a Party or Non-Party that challenges the 11 designation of information or items under this Order. 12 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 13 how it is generated, stored or maintained) or tangible things that qualify for 14 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 15 the Good Cause Statement. 16 4.4 COUNSEL: Counsel of Record (as well as their support staff). 17 4.5 DESIGNATING PARTY: a Party or Non-Party that designates 18 information or items that it produces in disclosures or in responses to discovery as 19 “CONFIDENTIAL.” 20 4.6 DISCLOSURE OR DISCOVERY MATERIAL: all items or 21 information, regardless of the medium or manner in which it is generated, stored, 22 or maintained (including, among other things, testimony, transcripts, and tangible 23 things), that are produced or generated in disclosures or responses to discovery. 24 4.7 EXPERT: a person with specialized knowledge or experience in a 25 matter pertinent to the litigation who has been retained by a Party or its counsel to 26 serve as an expert witness or as a consultant in this Action. 27 4.8 HOUSE COUNSEL: attorneys who are employees of a party to this 28 4 STIPULATED PROTECTIVE ORDER Case 8:22-cv-00791-CJC-DFM Document 9 Filed 11/22/22 Page 5 of 15 Page ID #:74

1 Action. House Counsel does not include Outside Counsel of Record or any other 2 outside counsel. 3 4.9 NON-PARTY: any natural person, partnership, corporation, 4 association or other legal entity not named as a Party to this action. 5 4.10 OUTSIDE COUNSEL OF RECORD: attorneys who are not 6 employees of a party to this Action but are retained to represent a party to this 7 Action and have appeared in this Action on behalf of that party or are affiliated 8 with a law firm that has appeared on behalf of that party, and includes support 9 staff. 10 4.11 PARTY: any party to this Action, including all of its officers, 11 directors, employees, consultants, retained experts, and Outside Counsel of Record 12 (and their support staffs). 13 4.12 PRODUCING PARTY: a Party or Non-Party that produces 14 Disclosure or Discovery Material in this Action. 15 4.13 PROFESSIONAL VENDORS: persons or entities that provide 16 litigation support services (e.g., photocopying, videotaping, translating, preparing 17 exhibits or demonstrations, and organizing, storing, or retrieving data in any form 18 or medium) and their employees and subcontractors. 19 4.14 PROTECTED MATERIAL: any Disclosure or Discovery Material 20 that is designated as “CONFIDENTIAL.” 21 4.15 RECEIVING PARTY: a Party that receives Disclosure or Discovery 22 Material from a Producing Party. 23 5. SCOPE 24 The protections conferred by this Stipulation and Order cover not only 25 Protected Material (as defined above), but also (1) any information copied or 26 extracted from Protected Material; (2) all copies, excerpts, summaries, or 27 compilations of Protected Material; and (3) any testimony, conversations, or 28 5 STIPULATED PROTECTIVE ORDER Case 8:22-cv-00791-CJC-DFM Document 9 Filed 11/22/22 Page 6 of 15 Page ID #:75

1 presentations by Parties or their Counsel that might reveal Protected Material. Any 2 use of Protected Material at trial shall be governed by the orders of the trial judge 3 and other applicable authorities. This Order does not govern the use of Protected 4 Material at trial. 5 6. DURATION 6 Once a case proceeds to trial, information that was designated as 7 CONFIDENTIAL or maintained pursuant to this protective order used or 8 introduced as an exhibit at trial becomes public and will be presumptively 9 available to all members of the public, including the press, unless compelling 10 reasons supported by specific factual findings to proceed otherwise are made to the 11 trial judge in advance of the trial. See Kamakana,

-81 12 (distinguishing “good cause” showing for sealing documents produced in 13 discovery from “compelling reasons” standard when merits-related documents are 14 part of court record). Accordingly, the terms of this protective order do not extend 15 beyond the commencement of the trial. 16 7. DESIGNATING PROTECTED MATERIAL 17 7.1 Exercise of Restraint and Care in Designating Material for 18 Protection. Each Party or Non-Party that designates information or 19 items for protection under this Order must take care to limit any such designation 20 to specific material that qualifies under the appropriate standards. The Designating 21 Party must designate for protection only those parts of material, documents, items 22 or oral or written communications that qualify so that other portions of the 23 material, documents, items or communications for which protection is not 24 warranted are not swept unjustifiably within the ambit of this Order. 25 Mass, indiscriminate or routinized designations are prohibited. Designations 26 that are shown to be clearly unjustified or that have been made for an improper 27 purpose (e.g., to unnecessarily encumber the case development process or to 28 6 STIPULATED PROTECTIVE ORDER Case 8:22-cv-00791-CJC-DFM Document 9 Filed 11/22/22 Page 7 of 15 Page ID #:76

1 impose unnecessary expenses and burdens on other parties) may expose the 2 Designating Party to sanctions. 3 If it comes to a Designating Party’s attention that information or items that it 4 designated for protection do not qualify for protection, that Designating Party must 5 promptly notify all other Parties that it is withdrawing the inapplicable designation. 6 7.2 Manner and Timing of Designations. Except as otherwise provided in 7 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 8 that qualifies for protection under this Order must be clearly so designated before 9 the material is disclosed or produced. 10 Designation in conformity with this Order requires: 11 (a) for information in documentary form (e.g., paper or electronic 12 documents, but excluding transcripts of depositions or other pretrial or trial 13 proceedings), that the Producing Party affix at a minimum, the legend 14 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 15 contains protected material. If only a portion of the material on a page qualifies for 16 protection, the Producing Party also must clearly identify the protected portion(s) 17 (e.g., by making appropriate markings in the margins). 18 A Party or Non-Party that makes original documents available for inspection 19 need not designate them for protection until after the inspecting Party has indicated 20 which documents it would like copied and produced. During the inspection and 21 before the designation, all of the material made available for inspection shall be 22 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 23 documents it wants copied and produced, the Producing Party must determine 24 which documents, or portions thereof, qualify for protection under this Order. 25 Then, before producing the specified documents, the Producing Party must affix 26 the “CONFIDENTIAL legend” to each page that contains Protected Material. If 27 only a portion of the material on a page qualifies for protection, the Producing 28 7 STIPULATED PROTECTIVE ORDER Case 8:22-cv-00791-CJC-DFM Document 9 Filed 11/22/22 Page 8 of 15 Page ID #:77

1 Party also must clearly identify the protected portion(s) (e.g., by making 2 appropriate markings in the margins). 3 (b) for testimony given in depositions that the Designating Party 4 identifies the Disclosure or Discovery Material on the record, before the close of 5 the deposition all protected testimony. 6 (c) for information produced in some form other than documentary 7 and for any other tangible items, that the Producing Party affix in a prominent 8 place on the exterior of the container or containers in which the information is 9 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 10 information warrants protection, the Producing Party, to the extent practicable, 11 shall identify the protected portion(s). 12 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 13 failure to designate qualified information or items does not, standing alone, waive 14 the Designating Party’s right to secure protection under this Order for such 15 material. Upon timely correction of a designation, the Receiving Party must make 16 reasonable efforts to assure that the material is treated in accordance with the 17 provisions of this Order. 18 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 19 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 20 designation of confidentiality at any time that is consistent with the Court’s 21 Scheduling Order. 22 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 23 resolution process under Local Rule 37-1 et seq. 24 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 25 joint stipulation pursuant to Local Rule 37-2. 26 8.4 The burden of persuasion in any such challenge proceeding shall be 27 on the Designating Party. Frivolous challenges, and those made for an improper 28 8 STIPULATED PROTECTIVE ORDER Case 8:22-cv-00791-CJC-DFM Document 9 Filed 11/22/22 Page 9 of 15 Page ID #:78

1 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 2 parties) may expose the Challenging Party to sanctions. Unless the Designating 3 Party has waived or withdrawn the confidentiality designation, all parties shall 4 continue to afford the material in question the level of protection to which it is 5 entitled under the Producing Party’s designation until the Court rules on the 6 challenge. 7 9. ACCESS TO AND USE OF PROTECTED MATERIAL 8 9.1 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 12 the conditions described in this Order. When the Action has been terminated, a 13 Receiving Party must comply with the provisions of section 15 below (FINAL 14 DISPOSITION). 15 Protected Material must be stored and maintained by a Receiving Party at a 16 location and in a secure manner that ensures that access is limited to the persons 17 authorized under this Order. 18 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 19 otherwise ordered by the court or permitted in writing by the Designating Party, a 20 Receiving Party may disclose any information or item designated 21 “CONFIDENTIAL” only to: 22 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 23 well as employees of said Outside Counsel of Record to whom it is reasonably 24 necessary to disclose the information for this Action; 25 (b) the officers, directors, and employees (including House Counsel) 26 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 27 (c) Experts (as defined in this Order) of the Receiving Party to whom 28 9 STIPULATED PROTECTIVE ORDER Case 8:22-cv-00791-CJC-DFM Document 9 Filed 11/22/22 Page 10 of 15 Page ID #:79

1 disclosure is reasonably necessary for this Action and who have signed the 2 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (d) the court and its personnel; 4 (e) court reporters and their staff; 5 (f) professional jury or trial consultants, mock jurors, and Professional 6 Vendors to whom disclosure is reasonably necessary for this Action and who have 7 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (g) the author or recipient of a document containing the information or 9 a custodian or other person who otherwise possessed or knew the information; 10 (h) during their depositions, witnesses, and attorneys for witnesses, in 11 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 12 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 13 they will not be permitted to keep any confidential information unless they sign the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 15 agreed by the Designating Party or ordered by the court. Pages of transcribed 16 deposition testimony or exhibits to depositions that reveal Protected Material may 17 be separately bound by the court reporter and may not be disclosed to anyone 18 except as permitted under this Stipulated Protective Order; and 19 (i) any mediators or settlement officers and their supporting personnel, 20 mutually agreed upon by any of the parties engaged in settlement discussions. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has 23 disclosed Protected Material to any person or in any circumstance not authorized 24 under this Stipulated Protective Order, the Receiving Party must immediately (a) 25 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 26 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 27 the person or persons to whom unauthorized disclosures were made of all the terms 28 10 STIPULATED PROTECTIVE ORDER Case 8:22-cv-00791-CJC-DFM Document 9 Filed 11/22/22 Page 11 of 15 Page ID #:80

1 of this Order, and (d) request such person or persons to execute the 2 “Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A. 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 4

5 When a Producing Party gives notice to Receiving Parties that certain 6 inadvertently produced material is subject to a claim of privilege or other 7 protection, the obligations of the Receiving Parties are those set forth in Federal 8 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 9 whatever procedure may be established in an e-discovery order that provides for 10 production without prior privilege review. Pursuant to Federal Rule of Evidence 11 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 12 of a communication or information covered by the attorney-client privilege or 13 work product protection, the parties may incorporate their agreement in the 14 stipulated protective order submitted to the court. 15 12. MISCELLANEOUS 16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 17 person to seek its modification by the Court in the future. 18 12.2 Right to Assert Other Objections. By stipulating to the entry of this 19 Protective Order, no Party waives any right it otherwise would have to object to 20 disclosing or producing any information or item on any ground not addressed in 21 this Stipulated Protective Order. Similarly, no Party waives any right to object on 22 any ground to use in evidence of any of the material covered by this Protective 23 Order. 24 12.3 Filing Protected Material. A Party that seeks to file under seal any 25 Protected Material must comply with Local Civil Rule 79-5. Protected Material 26 may only be filed under seal pursuant to a court order authorizing the sealing of the 27 specific Protected Material. If a Party’s request to file Protected Material under 28 11 STIPULATED PROTECTIVE ORDER Case 8:22-cv-00791-CJC-DFM Document 9 Filed 11/22/22 Page 12 of 15 Page ID #:81

1 seal is denied by the court, then the Receiving Party may file the information in the 2 public record unless otherwise instructed by the court. 3 13. FINAL DISPOSITION 4 After the final disposition of this Action, as defined in paragraph 6, within 5 60 days of a written request by the Designating Party, each Receiving Party must 6 return all Protected Material to the Producing Party or destroy such material. As 7 used in this subdivision, “all Protected Material” includes all copies, abstracts, 8 compilations, summaries, and any other format reproducing or capturing any of the 9 Protected Material. Whether the Protected Material is returned or destroyed, the 10 Receiving Party must submit a written certification to the Producing Party (and, if 11 not the same person or entity, to the Designating Party) by the 60-day deadline that 12 (1) identifies (by category, where appropriate) all the Protected Material that was 13 returned or destroyed and (2) affirms that the Receiving Party has not retained any 14 copies, abstracts, compilations, summaries or any other format reproducing or 15 capturing any of the Protected Material. Notwithstanding this provision, Counsel 16 are entitled to retain an archival copy of all pleadings, motion papers, trial, 17 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 18 and trial exhibits, expert reports, attorney work product, and consultant and expert 19 work product, even if such materials contain Protected Material. Any such archival 20 copies that contain or constitute Protected Material remain subject to this 21 Protective Order as set forth in Section 6 (DURATION). 22 14. VIOLATION 23 Any violation of this Order may be punished by appropriate measures 24 //// 25 //// 26 //// 27 //// 28 12 STIPULATED PROTECTIVE ORDER ase 8:22-cv-00791-CJC-DFM Document9 Filed 11/22/22 Page13o0f15 Page ID #:82

! |}including, without limitation, contempt proceedings and/or monetary sanctions. 2 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: October 25, 2022 SINCLAIR BRAUN LLP 5 /s/ - Andrew H. Steinberg Andrew H. Steinberg 6 Attorney for Plaintiffs 7 LAWRENCE AND SHANNA POLLACK g || Dated: November 22, 2022 HINES HAMPTON PELANDA LLP 10 Hl By: /s/Nicole M. Hampton Nicole M. Hampton 12 Attorneys for Defendant 3 CRESTBROOK INSURANCE COMPANY

14 15 ORDER 16 M FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 18 19 DATED: November 22, 2022 20 21

22 Hon. Douglas F. McCormick 23 United States Magistrate Judge 24 25 26 27 28 13 STIPULATED PROTECTIVE ORDER

Case 8:22-cv-00791-CJC-DFM Document 9 Filed 11/22/22 Page 14 of 15 Page ID #:83

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _______________________________, declare: 4 1. I hereby acknowledge that I have read the Stipulated Protective Order 5 regarding the Confidential Documents (hereinafter “Order”) in the case of 6 Lawrence Pollack and Shanna Pollack v. Crestbrook Insurance Company, et al., 7 Case No. 8:22-cv-00791-CJC-DFM (the “Lawsuit”) and I understand the terms of 8 the Order and agree to abide by and be bound by the terms of the Order. 9 2. I further acknowledge that I understand that the Confidential 10 Documents may not be disclosed to anyone, except as authorized by this Order. 11 3. I further acknowledge that the Confidential Documents may not be 12 used for any purpose other than as required for my work in the Lawsuit. I further 13 understand and acknowledge that any dissemination or use of such Confidential 14 Documents or information in a manner inconsistent with the Order may subject me 15 to contempt proceedings. 16 4. Upon final dissolution of the Lawsuit, I shall return all copies of the 17 Confidential Documents to the attorney, entity or person that retained me or my 18 firm in the Lawsuit, or that provided me with the Confidential Documents. 19 5. I further acknowledge that I do not believe I am currently a competitor 20 of Crestbrook Insurance Company, or any of its parents, subsidiaries, successors, 21 assigns or affiliates, or any named party to the lawsuit that opposes the party for 22 which my services have been retained. I understand that a “competitor” is a 23 business or employee of a business that underwrites and sells personal 24 homeowners insurance policies. 25 6. I further attest that I will not derive nor attempt to derive personal 26 benefit from the Confidential Documents, other than payment received in 27 connection with services rendered in relation to the Lawsuit. 28 14 STIPULATED PROTECTIVE ORDER Case 8:22-cv-00791-CJC-DFM Document 9 Filed 11/22/22 Page 15 of 15 Page ID #:84

1 I declare under penalty of perjury under the laws of the State of California 2 and of the United States that the foregoing is true and correct. 3 4 Dated: _________________ By: ____________________________ 5 6

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 STIPULATED PROTECTIVE ORDER