Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 1 of 23 Page ID #:87

1 MORTGAGE RECOVERY LAW GROUP, LLP PAUL A. LEVIN (State Bar No. 229077) 2 LAUREN M. GIBBS (State Bar No. 251569) 550 North Brand Boulevard, Suite 1100 3 Glendale, California 91203 4 Telephone: (818) 630-7900 Facsimile: (818) 630-7920 e-mail: [email protected], [email protected] 5 FEDERAL DEPOSIT INSURANCE CORPORATION 6 JOHN V. CHURCH (admitted pro hac vice) 7 3501 Fairfax Avenue Arlington, Virginia 22226 8 Telephone: (904) 302-2796 e-mail: [email protected] 9

Attorneys for Plaintiff Federal Deposit 10 Insurance Corporation as Receiver for Washington Mutual Bank 11

12 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 13 SOUTHERN DIVISION 14 15 FEDERAL DEPOSIT INSURANCE Case No. 8:22-cv-01692-CJC-DFM

CORPORATION AS RECEIVER 16 FOR WASHINGTON MUTUAL STIPULATED PROTECTIVE ORDER 17 BANK,

18 Plaintiff, DISCOVERY APPLICATION FOR CONSIDERATION OF HON.

19 DOUGLAS F. MCCORMICK vs.

20 21 EVERETT FINANCIAL INC. dba SUPREME LENDING, a Texas 22 corporation,

23 Defendant.

24

1 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 2 of 23 Page ID #:88

1 I. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, proprietary, or private information for which special protection from public 3 disclosure and from use for any purpose other than prosecuting this litigation may 4 be warranted. Accordingly, the parties hereby stipulate to and petition the Court 5 to enter the following Stipulated Protective Order. The parties acknowledge that 6 this Order does not confer blanket protections on all disclosures or responses to 7 discovery and that the protection it affords from public disclosure and use extends 8 only to the limited information or items that are entitled to confidential treatment 9 under the applicable legal principles. The parties further acknowledge, as set forth 10 in Section XIV(C), below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth 11 the procedures that must be followed and the standards that will be applied when a 12 party seeks permission from the Court to file material under seal. 13 14 II. GOOD CAUSE STATEMENT 15 This action is likely to involve personally identifiable information and other 16 confidential financial information of bank customers, trade secrets, and other 17 valuable commercial, financial, technical and/or proprietary information for which special protection from public disclosure and from use for any purpose other than 18 prosecution of this action is warranted. Such confidential and proprietary 19 materials and information consist of, among other things: 20 (1) Regulatory: Protected Material (as defined below) related in 21 any way to the regulation or supervision of Washington Mutual Bank, in 22 whatever form, whether preliminary or final, including reports of 23 examination or inspection, regulatory correspondence, reports, orders, 24 memoranda, or agreements by, from or with the Federal Deposit Insurance 2 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 3 of 23 Page ID #:89

1 Corporation (“FDIC”) in its corporate capacity, the Comptroller of the 2 Currency, the Office of Thrift Supervision, or any other federal or state regulatory authority, and any information containing confidential material 3 obtained from any documents and records related to the supervision or 4 regulation of WaMu. The Parties (as defined below) understand and agree 5 that the release of such regulatory information may require approval from 6 independent government agencies, and that no regulatory information, 7 however obtained, will be disclosed to non-parties not covered by this 8 Protective Order. 9 (2) Statutory: Protected Material includes information that is 10 confidential pursuant to the Freedom of Information Act,

, 12 C.F.R. Part 309,

or any other applicable federal or state 11 laws, including consumer Personally Identifiable Information (“PII”) and 12 other nonpublic personal information (“Non-Party Borrower Information”) 13 as defined or protected by the Gramm-Leach-Bliley Act,

, 14 et seq., Freedom of Information Act, Privacy Act, Bank Secrecy Act, and 15 their implementing regulations. 16 (3) Bank and Bank Customers: Protected Material related to WaMu 17 or Supreme Lending its employees (i.e., personnel or employment records), its customers, any trading company involved in placing orders for 18 commodities futures or options, or any other entity, including Automated 19 Clearing House items or transactions, chargebacks, merchant processing, 20 bank account information, signature cards, bank statements, general ledger 21 entries, deposit or reserve information, commodity trading statements, loans 22 and lending transactions, loan applications, financial statements and credit 23 reports, business and personal state and federal income tax forms, 24 correspondence, and related loan documentation relating to any extension 3 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 4 of 23 Page ID #:90

1 of credit or loan to any borrower. Examples of “Protected Material,” 2 without limitation, include documents containing a customer’s account number, credit card number, personal identification number, account 3 balance, information relating to a deposit account, loan, or borrower 4 relationship and loan application materials, and documents or information 5 that contain the customer’s name, address, social security number, date of 6 birth or other similar identifying Information. 7 (4) Receivership: Protected Material related to the receivership of 8 WaMu, including any information on loss or estimates of such loss on 9 WaMu’s assets not publicly available. Notwithstanding the provisions of 10 Section IX.B. below, no such Protected Material shall be disclosed to any person or entity known to have any current or prospective interest in such 11 assets, regardless of whether that person or entity is a defendant or non- 12 party that would otherwise be allowed access to information under the 13 terms of this Protective Order. 14 (5) Trade Secrets and Other Information: Protected Material that 15 reveals trade secrets or research, technical, commercial, or financial 16 information that the Party or Non-Party has maintained as confidential. 17 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately 18 protect information the Parties and Non-parties are entitled to keep confidential, to 19 ensure that the Parties are permitted reasonable necessary uses of such material in 20 preparation for and in the conduct of trial, to address their handling at the end of 21 the litigation, and serve the ends of justice, a protective order for such information 22 is justified in this matter. It is the intent of the Parties that information will not be 23 designated as confidential for tactical reasons and that nothing be so designated 24 without a good faith belief that it has been maintained in a confidential, non- 4 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 5 of 23 Page ID #:91

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

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

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

(E.D. Wis. 12 1999) (even stipulated protective orders require good cause showing), and a 13 specific showing of good cause or compelling reasons with proper evidentiary 14 support and legal justification, must be made with respect to Protected Material 15 that a party seeks to file under seal. The parties’ mere designation of Disclosure or 16 Discovery Material as CONFIDENTIAL does not— without the submission of 17 competent evidence by declaration, establishing that the material sought to be filed under seal qualifies as confidential, privileged, or otherwise protectable— 18 constitute good cause. 19 Further, if a party requests sealing related to a dispositive motion or trial, 20 then compelling reasons, not only good cause, for the sealing must be shown, and 21 the relief sought shall be narrowly tailored to serve the specific interest to be 22 protected. See Pintos v. Pacific Creditors Ass’n.,

(9th Cir. 23 2010). For each item or type of information, document, or thing sought to be filed 24 or introduced under seal, the party seeking protection must articulate compelling 5 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 6 of 23 Page ID #:92

1 reasons, supported by specific facts and legal justification, for the requested 2 sealing order. Again, competent evidence supporting the application to file documents under seal must be provided by declaration. 3 Any document that is not confidential, privileged, or otherwise protectable 4 in its entirety will not be filed under seal if the confidential portions can be 5 redacted. If documents can be redacted, then a redacted version for public 6 viewing, omitting only the confidential, privileged, or otherwise protectable 7 portions of the document, shall be filed. Any application that seeks to file 8 documents under seal in their entirety should include an explanation of why 9 redaction is not feasible 10 IV. DEFINITIONS 11 A. Action: This pending federal lawsuit. B. Challenging Party: A Party or Non-Party that challenges the 12 designation of information or items under this Order. 13 C. “CONFIDENTIAL” Information or Items: Information (regardless 14 of how it is generated, stored or maintained) or tangible things that qualify 15 for protection under Federal Rule of Civil Procedure 26(c), and as specified 16 above in the Good Cause Statement. All Electronically Stored Information 17 (“ESI”) and paper documents produced pursuant to the Parties’ ESI 18 Protocol are subject to this Protective Order. D. Counsel: Outside Counsel of Record and House Counsel (as well as 19 their support staff). 20 E. Designating Party: A Party or Non-Party that designates information 21 or items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL.” 23 F. Disclosure or Discovery Material: All items or information, 24 regardless of the medium or manner in which it is generated, stored, or 6 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 7 of 23 Page ID #:93

1 maintained (including, among other things, testimony, transcripts, and 2 tangible things), that are produced or generated in disclosures or responses to discovery in this matter. 3 G. Expert: A person with specialized knowledge or experience in a 4 matter pertinent to the litigation who has been retained by a Party or its 5 counsel to serve as an expert witness or as a consultant in this Action. 6 H. House Counsel: Attorneys who are employees of a party to this 7 Action. House Counsel does not include Outside Counsel of Record or any 8 other outside counsel. 9 I. Non-Party: Any natural person, partnership, corporation, association, 10 or other legal entity not named as a Party to this action. J. Outside Counsel of Record: Attorneys who are not employees of a 11 party to this Action but are retained to represent or advise a party to this 12 Action and have appeared in this Action on behalf of that party or are 13 affiliated with a law firm which has appeared on behalf of that party, and 14 includes support staff. 15 K. Party: Any party to this Action, including all of its officers, 16 directors, employees, consultants, retained experts, and Outside Counsel of 17 Record (and their support staffs). L. Producing Party: A Party or Non-Party that produces Disclosure or 18 Discovery Material in this Action. 19 M. Professional Vendors: Persons or entities that provide litigation 20 support services (e.g., photocopying, videotaping, translating, preparing 21 exhibits or demonstrations, and organizing, storing, or retrieving data in any 22 form or medium) and their employees and subcontractors. 23 N. Protected Material: Any Disclosure or Discovery Material that any 24 Party or Non-Party designates as “CONFIDENTIAL.” If any Party or Non- 7 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 8 of 23 Page ID #:94

1 Party believes that information not described above should nevertheless be 2 considered as Protected Material, it may seek a stipulation among the Parties to treat such information as Protected Material or it may make an 3 appropriate application to the Court. Such application shall only be granted 4 for good cause shown. Information that is available to the public or 5 generally known in the industry of the Producing Party or Non-Party may 6 not be designated as Protected Material. Notwithstanding the foregoing 7 paragraphs II.1 – 5, no Party is estopped or in any way prevented from later 8 challenging the confidentiality designation of any Protected Material. 9 O. Receiving Party: A Party that receives Disclosure or Discovery 10 Material from a Producing Party. 11 V. SCOPE 12 A. The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information 13 copied or extracted from Protected Material; (2) all copies, excerpts, 14 summaries, or compilations of Protected Material; and (3) any testimony, 15 conversations, or presentations by Parties or their Counsel that might reveal 16 Protected Material. 17 B. Any use of Protected Material at trial shall be governed by the orders 18 of the trial judge. This Order does not govern the use of Protected Material 19 at trial. 20 VI. DURATION 21 Even after final disposition of this litigation, the confidentiality obligations 22 imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final 23 disposition shall be deemed to be the later of (1) dismissal of all claims and 24 8 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 9 of 23 Page ID #:95

1 defenses in this Action, with or without prejudice; and (2) final judgment 2 herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, including the time limits for filing 3 any motions or applications for extension of time pursuant to applicable 4 law. 5 6 VII. DESIGNATING PROTECTED MATERIAL 7 A. Exercise of Restraint and Care in Designating Material for Protection 1. Each Party or Non-Party that designates information or items 8 for protection under this Order must take care to limit any such 9 designation to specific material that qualifies under the appropriate 10 standards. The Designating Party must designate for protection only 11 those parts of material, documents, items, or oral or written 12 communications that qualify so that other portions of the material, 13 documents, items, or communications for which protection is not 14 warranted are not swept unjustifiably within the ambit of this Order. 2. Mass, indiscriminate, or routinized designations are prohibited. 15 Designations that are shown to be clearly unjustified or that have 16 been made for an improper purpose (e.g., to unnecessarily encumber 17 the case development process or to impose unnecessary expenses and 18 burdens on other parties) may expose the Designating Party to 19 sanctions. 20 3. If it comes to a Designating Party’s attention that information 21 or items that it designated for protection do not qualify for protection, that Designating Party must promptly notify all other Parties that it is 22 withdrawing the inapplicable designation. 23

24 9 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 10 of 23 Page ID #:96

1 2 B. Manner and Timing of Designations 1. Protected Material provided by any Party or Non-Party pursuant to 3 this Protective Order that is deemed and denominated by any Producing 4 Party as “Confidential” pursuant to this Protective Order shall be deemed to 5 be Protected Material, unless and until that designation is challenged 6 pursuant to paragraph VII below. 7 2. Protected Material may be designated as such by affixing to the 8 material the legend “Confidential.” For example, the production 9 media/container for native files or productions may be designated as 10 “Confidential.” 3. Protective Material shall only mean and shall be limited to the 11 information produced in this Action marked with a Bates Stamp number or 12 otherwise designated as “Confidential.” In the event a Party obtains a 13 duplicate copy of Protected Material produced in discovery in this Action 14 from a publicly available source, the Party acquiring the Protective Material 15 shall not be required to comply with the terms of this Order regarding the 16 use of the duplicate Protective Material, and the use of such duplicate 17 Protective Material shall not be subject to the provisions of this Order. C. Failure to Designate Protected Material 18 The failure to designate any Protected Material with such legend shall not 19 constitute a waiver by any Producing Party of the right to assert that such 20 information contains or includes Protected Material. In the event that any 21 Producing Party produces Protected Material without designating it as such, 22 any Party or Non-Party may notify the Receiving Parties that the 23 information should have been designated Protected Material, and the Parties 24 will treat the information as Protected Material under this Protective Order. 10 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 11 of 23 Page ID #:97

1 VIII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 A. Timing of Challenges Any Party or Non-Party may challenge a designation of confidentiality at any time 3 that is consistent with the Court’s Scheduling Order. 4 B. Meet and Confer 5 The Challenging Party shall initiate the dispute resolution process 6 under Local Rule 37.1 et seq. 7 C. Joint Stipulation. 8 Any challenge submitted to the Court shall be via a joint stipulation 9 pursuant to Local Rule 37-2. 10 D. The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous challenges, and those made for an 11 improper purpose (e.g., to harass or impose unnecessary expenses and 12 burdens on other parties) may expose the Challenging Party to sanctions. 13 Unless the Designating Party has waived or withdrawn the confidentiality 14 designation, all parties shall continue to afford the material in question the 15 level of protection to which it is entitled under the Producing Party’s 16 designation until the Court rules on the challenge. 17 IX. ACCESS TO AND USE OF PROTECTED MATERIAL A. Basic Principles 18 1. A Receiving Party may use Protected Material that is disclosed 19 or produced by another Party or by a Non-Party in connection with 20 this Action only for prosecuting, defending, or attempting to settle 21 this Action. Such Protected Material may be disclosed only to the 22 categories of persons and under the conditions described in this 23 Order. When the Action has been terminated, a Receiving Party must 24 comply with the provisions of Section XV below. 11 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 12 of 23 Page ID #:98

1 2. Protected Material must be stored and maintained by a 2 Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. Any 3 person in possession of Protected Material shall maintain a written 4 information security program that includes reasonable administrative, 5 technical, and physical safeguards to protect the security and 6 confidentiality of such Protected Material, protect against any 7 reasonably anticipated threats or hazards to the security of such 8 Protected Material, and protect against unauthorized access to 9 Protected Material. To the extent a party or person does not have an 10 information security program, they may comply with this provision by having the Protected Material managed by and/or stored with 11 eDiscovery vendors that maintain such an information security 12 program. If a Receiving Party discovers any loss of Protected 13 Material (including any loss of data as a result of a ransomware 14 incident) or a breach of security, including any actual or suspected 15 unauthorized access, relating to another Party’s Protected Material, 16 the Receiving Party shall: (1) promptly provide written notice to the 17 Producing Party of such breach; (2) investigate and make reasonable efforts to remediate the effects of the breach, and provide the 18 Producing Party with assurances reasonably satisfactory to the 19 Producing Party that such breach shall not recur; and (3) provide 20 sufficient information about the breach that the Producing Party can 21 reasonably ascertain the size and scope of the breach and/or security 22 incident. The Receiving Party agrees to cooperate with the 23 Producing Party and/or law enforcement in investigating any such 24 security incident. In any event, the Receiving Party shall promptly 12 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 13 of 23 Page ID #:99

1 take all necessary and appropriate corrective action to terminate the 2 unauthorized access. B. Disclosure of “CONFIDENTIAL” Information or Items 3 1. Unless otherwise ordered by the Court or permitted in writing 4 by the Designating Party, a Receiving Party may disclose any 5 information or item designated “CONFIDENTIAL” only to: 6 a. The Receiving Party’s Outside Counsel of Record in this 7 Action, as well as employees of said Outside Counsel of 8 Record to whom it is reasonably necessary to disclose the 9 information for this Action; 10 b. The officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is 11 reasonably necessary for this Action; 12 c. Experts (as defined in this Order) of the Receiving Party 13 to whom disclosure is reasonably necessary for this Action and 14 who have signed the “Acknowledgment and Agreement to Be 15 Bound” (Exhibit A); 16 d. The Court and its personnel; 17 e. Court reporters and their staff; f. Professional jury or trial consultants, mock jurors, and 18 Professional Vendors to whom disclosure is reasonably 19 necessary for this Action and who have signed the 20 “Acknowledgment and Agreement to be Bound” attached as 21 Exhibit A hereto; 22 g. The author or recipient of a document containing the 23 information or a custodian or other person who otherwise 24 possessed or knew the information; 13 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 14 of 23 Page ID #:100

1 h. During their depositions, witnesses, and attorneys for 2 witnesses, in the Action to whom disclosure is reasonably necessary provided: (i) the deposing party requests that the 3 witness sign the “Acknowledgment and Agreement to Be 4 Bound;” and (ii) they will not be permitted to keep any 5 confidential information unless they sign the 6 “Acknowledgment and Agreement to Be Bound,” unless 7 otherwise agreed by the Designating Party or ordered by the 8 Court. Pages of transcribed deposition testimony or exhibits to 9 depositions that reveal Protected Material may be separately 10 bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective 11 Order; and 12 i. Any mediator or settlement officer, and their supporting 13 personnel, mutually agreed upon by any of the parties engaged 14 in settlement discussions. 15 C. Disclosure on Non-Party Borrower Information 16 To the extent any federal or state law or other legal authority 17 governing the disclosure or use of non-party borrower Information (“Non- Party Borrower Information Law”) permits disclosure of such information 18 pursuant to an order of a court, this Order shall constitute compliance with 19 such requirement. To the extent any Non-Party Borrower Information Law 20 requires a Producing Party to obtain a court-ordered subpoena or give 21 notice to or obtain consent, in any form or manner, from any person or 22 entity before disclosure of any Non-Party Borrower Information, the Court 23 finds that, in view of the protections provided for the information disclosed 24 in this Order, the volume of documents to be produced and the ongoing 14 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 15 of 23 Page ID #:101

1 oversight of the Court, there is good cause to excuse such requirement, and 2 this Order shall constitute an express direction that the Producing Party is exempted from obtaining a court-ordered subpoena or having to notify 3 and/or obtain consent from any person or entity prior to the disclosure of 4 Non-Party Borrower Information in the Action. To the extent that any Non- 5 Party Borrower Information Law requires that any person or entity be 6 notified prior to disclosure of Non-Party Borrower Information except 7 where such notice is prohibited by court order, the Court directs that, in 8 view of the protections provided for the information disclosed in this Order, 9 the volume of documents to be produced and the ongoing oversight of the 10 Court, Producing Parties are explicitly prohibited from providing such notice in the Action; provided, however, that this Order shall not prohibit 11 any Producing Party from contacting any person or entity for any other 12 purpose. Any Producing Party may seek additional orders from this Court 13 that such Party or Non-Party believes may be necessary to comply with any 14 Non-Party Borrower Information Law. 15 X. PROTECTED MATERIAL SUBPOENAED OR ORDERED 16 PRODUCED IN OTHER LITIGATION 17 A. If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in 18 this Action as “CONFIDENTIAL,” that Party must: 19 1. Promptly notify in writing the Designating Party. Such 20 notification shall include a copy of the subpoena or court order; 21 2. Promptly notify in writing the party who caused the subpoena 22 or order to issue in the other litigation that some or all of the material 23 covered by the subpoena or order is subject to this Protective Order. 24 15 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 16 of 23 Page ID #:102

1 Such notification shall include a copy of this Stipulated Protective 2 Order; and 3. Cooperate with respect to all reasonable procedures sought to 3 be pursued by the Designating Party whose Protected Material may 4 be affected. 5 B. If the Designating Party timely seeks a protective order, the Party 6 served with the subpoena or court order shall not produce any information 7 designated in this action as “CONFIDENTIAL” before a determination by 8 the Court from which the subpoena or order issued, unless the Party has 9 obtained the Designating Party’s permission. The Designating Party shall 10 bear the burden and expense of seeking protection in that court of its confidential material and nothing in these provisions should be construed as 11 authorizing or encouraging a Receiving Party in this Action to disobey a 12 lawful directive from another court. 13 XI. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 14 PRODUCED IN THIS LITIGATION 15 A. The terms of this Order are applicable to information produced by a 16 Non-Party in this Action and designated as “CONFIDENTIAL.” Such 17 information produced by Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in 18 these provisions should be construed as prohibiting a Non-Party from 19 seeking additional protections. 20 B. In the event that a Party is required, by a valid discovery request, to 21 produce a Non-Party’s confidential information in its possession, and the 22 Party is subject to an agreement with the Non-Party not to produce the Non- 23 Party’s confidential information, then the Party shall: 24 16 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 17 of 23 Page ID #:103

1 1. Promptly notify in writing the Requesting Party and the Non- 2 Party that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; 3 2. Promptly provide the Non-Party with a copy of the Stipulated 4 Protective Order in this Action, the relevant discovery request(s), and 5 a reasonably specific description of the information requested; and 6 3. Make the information requested available for inspection by the 7 Non-Party, if requested. 8 C. If the Non-Party fails to seek a protective order from this court within 9 14 days of receiving the notice and accompanying information, the 10 Receiving Party may produce the Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a 11 protective order, the Receiving Party shall not produce any information in 12 its possession or control that is subject to the confidentiality agreement with 13 the Non-Party before a determination by the court. Absent a court order to 14 the contrary, the Non-Party shall bear the burden and expense of seeking 15 protection in this court of its Protected Material. 16 XII. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 17 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any person or in any circumstance not 18 authorized under this Stipulated Protective Order, the Receiving Party must 19 immediately (1) notify in writing the Designating Party of the unauthorized 20 disclosures, (2) use its best efforts to retrieve all unauthorized copies of the 21 Protected Material, (3) inform the person or persons to whom unauthorized 22 disclosures were made of all the terms of this Order, and (4) request such 23 person or persons to execute the “Acknowledgment and Agreement to be 24 Bound” that is attached hereto as Exhibit A. 17 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 18 of 23 Page ID #:104

1 XIII. NO WAIVER OF PRIVILEGES 2 A. Pursuant to Fed. R. Evid. 502(d), the production of Protected Material that is subject to the attorney-client privilege, work product 3 doctrine, or other claimed privileges, doctrines, exemptions, or restrictions 4 that the Producing Party might cite in good faith as a basis for withholding 5 such Protected Material from production to any other party shall not be 6 deemed, and shall not constitute, in this or any other federal or state 7 proceeding, a waiver of any otherwise applicable privilege or protection. 8 The Parties shall not have to meet the requirements of Fed. R. Evid. 9 502(b)(1)-(3). With respect to the FDIC, in any of its capacities, these 10 privileges include, but are not limited to, any privilege that Washington Mutual Bank may have had or any federal or state regulatory agency may 11 hold. The Parties’ production of Protected Material is not intended to, and 12 shall not, waive or diminish in any way the confidentiality of such material 13 or its continued protection under the attorney-client privilege, work product 14 doctrine, or any applicable privilege as to any other non-party. 15 B. Furthermore, in the event that a Party or Non-Party produces 16 attorney-client privileged or otherwise privileged information, other 17 information protected by law from disclosure even under a Protective Order, or sensitive business records or private consumer information not 18 related to this Action and if the Party or Non-Party subsequently notifies the 19 Receiving Party that the privileged information should not have been 20 produced, the Receiving Party shall immediately return the originals and all 21 copies of the inadvertently produced privileged information. If a party 22 withholds any information on the basis of privilege, it shall provide a 23 categorical privilege log. The Parties agree that FDIC is not required to 24 provide any kind of identification of the documents withheld from 18 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 19 of 23 Page ID #:105

1 production as protected by the Bank Secrecy Act. Nothing in this Protective 2 Order shall prevent FDIC from using any Protected Material that it produces to any Party or non-party in any of FDIC’s capacities for any 3 lawful purposes. 4 XIV. MISCELLANEOUS 5 A. Right to Further Relief 6 Nothing in this Order abridges the right of any person to seek its 7 modification by the Court in the future. 8 B. Right to Assert Other Objections 9 By stipulating to the entry of this Protective Order, no Party waives 10 any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this 11 Stipulated Protective Order. Similarly, no Party waives any right to 12 object on any ground to use in evidence of any of the material 13 covered by this Protective Order. 14 C. Filing Protected Material 15 A Party that seeks to file under seal any Protected Material must 16 comply with Civil Local Rule 79-5. Protected Material may only be 17 filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a Party's request to file 18 Protected Material under seal is denied by the Court, then the 19 Receiving Party may file the information in the public record unless 20 otherwise instructed by the Court. 21 XV. FINAL DISPOSITION 22 A. After the final disposition of this Action, as defined in Section VI, 23 within sixty (60) days of a written request by the Designating Party, each 24 Receiving Party must return all Protected Material to the Producing Party or 19 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 20 of 23 Page ID #:106

1 destroy such material. As used in this subdivision, “all Protected Material” 2 includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the Protected Material. Whether the 3 Protected Material is returned or destroyed, the Receiving Party must 4 submit a written certification to the Producing Party (and, if not the same 5 person or entity, to the Designating Party) by the 60 day deadline that (1) 6 identifies (by category, where appropriate) all the Protected Material that 7 was returned or destroyed and (2) affirms that the Receiving Party has not 8 retained any copies, abstracts, compilations, summaries or any other format 9 reproducing or capturing any of the Protected Material. Notwithstanding 10 this provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 11 memoranda, correspondence, deposition and trial exhibits, expert reports, 12 attorney work product, and consultant and expert work product, even if 13 such materials contain Protected Material. Any such archival copies that 14 contain or constitute Protected Material remain subject to this Protective 15 Order as set forth in Section VI. 16 B. Any violation of this Order may be punished by any and all 17 appropriate measures including, without limitation, contempt proceedings and/or monetary sanctions. 18 19 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

20

21 Dated: 12/20/2022 /s/ Lauren Gibbs Attorney(s) for Plaintiff(s) 22

23 Dated: 12/20/2022 /s/ Colin Duffy Attorney(s) for Defendant(s) 24

20 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document18 Filed 12/22/22 Page 21o0f23 Page ID#:107

1 Pursuant to Civil L.R. 5-4.3.4(a)(2)(i), the filer attests that all other 2 || signatories listed, and on whose behalf this filing is submitted, concur in the 3 filing’s content and have authorized the filing. 4 By: /s/ Lauren Gibbs LAUREN M. GIBBS 6 7 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. L, + n_\ Dated: December 22, 2022 9 HONO LE DOUGLAS F. MCCORMICK 10 United States Magistrate Judge

11 12 13 14 15 16 17 18 19 20 21 22 23 24 21 STIPULATED PROTECTIVE ORDER

Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 22 of 23 Page ID #:108

EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 I, [print or type full name], of 3 [print or type full address], declare under penalty of perjury 4 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issue by the United States District Court for the Central District of California 7 on November __. 2022 in the case of Federal Deposit Insurance Corporation as 8 Receiver for Washington Mutual Bank v. Everett Financial Inc, No. 8:22-cv- 9 01692-CJC-DFM. I agree to comply with and to be bound by all the terms of this 10 11 Stipulated Protective Order and I understand and acknowledge that failure to so 12 comply could expose me to sanctions and punishment in the nature of contempt. I 13 solemnly promise that I will not disclose in any manner any information or item 14 that is subject to this Stipulated Protective Order to any person or entity except in 15 strict compliance with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District 17 18 Court for the Central District of California for the purpose of enforcing the terms 19 of this Stipulated Protective Order, even if such enforcement proceedings occur 20 after termination of this action. I hereby appoint 21 [print or type full name] of [print or type full 22 address and telephone number] as my California agent for service of process in 23 24 22 STIPULATED PROTECTIVE ORDER Case 8:22-cv-01692-CJC-DFM Document 18 Filed 12/22/22 Page 23 of 23 Page ID #:109

connection with this action or any proceedings related to enforcement of this 1 2 Stipulated Protective Order. 3 Date: 4 City and State where sworn and signed: 5 Printed Name: 6 Signature: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 STIPULATED PROTECTIVE ORDER