Napear v. Bonneville Internat'l Corp.

1 David J. Jordan (UT #1751, admitted pro hac vice) Email: [email protected] R. Chad Pugh (UT #14035, admitted pro hac vice) Email: [email protected] 3 Tanner B. Camp (CA #321716) Email: [email protected] 4 STOEL RIVES LLP S. Main Street, Suite 1100 5 Salt Lake City, UT 84111 Telephone: (801) 328-3131 Bryan L. Hawkins (CA #238346) 7 Email: [email protected] STOEL RIVES LLP 8 500 Capitol Mall, Suite 1600 Sacramento, CA 95814 Telephone: (916) 447-0700 10 Attorneys for Defendant Bonneville International Corporation 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA GRANT NAPEAR, 15 No. 2:21-cv-01956-KJM-DB Plaintiff, 16 STIPULATED PROTECTIVE ORDER V. BONNEVILLE INTERNATIONAL 18 CORPORATION, a Utah corporation; and DOES 1 through 50, inclusive, Defendants.

STIPULATED PROTECTIVE ORDER -l- 2:21-CV-01956-KJM-D.

1 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and for good cause, 2 IT IS HEREBY ORDERED THAT: 3 1. Scope of Protection 4 This Stipulated Protective Order (“Protective Order”) shall govern any record of || information produced in this action and designated pursuant to this Protective Order, including all || designated deposition testimony, all designated testimony taken at a hearing or other proceeding, || all designated deposition exhibits, interrogatory answers, admissions, documents and other || discovery materials, whether produced informally or in response to interrogatories, requests for || admissions, requests for production of documents or other formal methods of discovery.

10 This Protective Order shall also govern any designated record of information produced in || this action pursuant to required disclosures under any federal procedural rule or local rule of the || Court and any supplementary disclosures thereto.

13 This Protective Order shall apply to the parties and to any nonparty from whom discovery || may be sought who desires the protection of this Protective Order.

15 Nonparties may challenge the confidentiality of the protected information by filing a motion || to intervene and a motion to de-designate.

17 2. Definitions 18 (a) The term PROTECTED INFORMATION shall mean confidential or || proprietary technical, scientific, financial, business, health, or medical information designated as || such by the producing party.

21 (b) The term CONFIDENTIAL INFORMATION — ATTORNEYS EYES || ONLY, shall mean PROTECTED INFORMATION that is so designated by the producing party.

23 || The designation CONFIDENTIAL — ATTORNEYS EYES ONLY may be used only for the || following types of past, current, or future PROTECTED INFORMATION: (1) sensitive || technical information, including current research, development and manufacturing information || and patent prosecution information, (2) sensitive business information, including highly sensitive || financial or marketing information and the identity of suppliers, distributors and potential or || actual customers, (3) competitive technical information, including technical analyses or STIPULATED PROTECTIVE ORDER -2- 2:21-CV-01956-KJM-D || comparisons of competitor’s products, (4) competitive business information, including non-public || financial or marketing analyses or comparisons of competitor’s products and strategic product || planning, or (5) any other PROTECTED INFORMATION the disclosure of which to non- || qualified people subject to this Protective Order the producing party reasonably and in good faith || believes would likely cause harm.

6 (c) The term CONFIDENTIAL INFORMATION shall mean all || PROTECTED INFORMATION that is not designated as “CONFIDENTIAL —- ATTORNEYS || EYES ONLY” information.

9 (d) For entities covered by the Health Insurance Portability and Accountability || Act of 1996 (“HIPAA”), the term CONFIDENTIAL INFORMATION shall include Confidential || Health Information. Confidential Health Information shall mean information supplied in any || form, or any portion thereof, that identifies an individual or subscriber in any manner and relates || to the past, present, or future care, services, or supplies relating to the physical or mental health or || condition of such individual or subscriber, the provision of health care to such individual or || subscriber, or the past, present, or future payment for the provision of health care to such || individual or subscriber. Confidential Health Information includes claim data, claim forms, || grievances, appeals, or other documents or records that contain any patient health information || required to be kept confidential under any state or federal law, including 45 C.F.R. Parts 160 and || 164 promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (see || 45 C.F.R. §§ 164.501 & 160.103), and the following subscriber, patient, or member identifiers: 21 (1) names; 22 (2) all geographic subdivisions smaller than a State, including street 23 address, city, county, precinct, and zip code; 24 (3) all elements of dates (except year) for dates directly related to an 25 individual, including birth date, admission date, discharge date, age, 26 and date of death; 27 (4) telephone numbers; 28 (5) fax numbers; STIPULATED PROTECTIVE ORDER -3- 2:21-CV-01956-KJM-D 1 (6) electronic mail addresses; 2 (7) social security numbers; 3 (8) medical record numbers; 4 (9) health plan beneficiary numbers; 5 (10) account numbers; 6 (11) _ certificate/license numbers; 7 (12) vehicle identifiers and serial numbers, including license plate 8 numbers; 9 (13) device identifiers and serial numbers; 10 (14) web universal resource locators (“URLs”); 11 (15) internet protocol (“IP”) address numbers; 12 (16) biometric identifiers, including finger and voice prints; 13 (17) full face photographic images and any comparable images; 14 and/or any other unique identifying number, characteristic, 15 or code.

16 (e) The term TECHNICAL ADVISOR shall refer to any person who is not a || party to this action and/or not presently employed by the receiving party or a company affiliated || through common ownership, who has been designated by the receiving party to receive another || party’s PROTECTED INFORMATION, including CONFIDENTIAL INFORMATION — || ATTORNEYS EYES ONLY, and CONFIDENTIAL INFORMATION. Each party’s || TECHNICAL ADVISORS shall be limited to such person as, in the judgment of that party’s || counsel, are reasonably necessary for development and presentation of that party’s case. These || persons include outside experts or consultants retained to provide technical or other expert || services such as expert testimony or otherwise assist in trial preparation.

25 3. Disclosure Agreements 26 (a) Each receiving party’s TECHNICAL ADVISOR shall sign a disclosure || agreement in the form attached hereto as Exhibit A (“Disclosure Agreement”). Copies of the || Disclosure Agreement signed by any person or entity to whom PROTECTED INFORMATION is STIPULATED PROTECTIVE ORDER -4- 2:21-CV-01956-KJM-D || disclosed shall be provided to the other party promptly after execution by email. No disclosures || shall be made to a TECHNICAL ADVISOR until seven (7) days after the executed Disclosure || Agreement is served on the other party.

4 (b) Before any PROTECTED INFORMATION is disclosed to outside || TECHNICAL ADVISORS, the following information must be provided in writing to the || producing party and received no less than seven (7) days before the intended date of disclosure to || that outside TECHNICAL ADVISOR: the identity of that outside TECHNICAL ADVISOR, || business address and/or affiliation and a current curriculum vitae of the TECHNICAL || ADVISOR, and, if not contained in the TECHNICAL ADVISOR’s curriculum vitae, a brief || description, including education, present and past employment and general areas of expertise of || the TECHNICAL ADVISOR. If the producing party objects to disclosure of PROTECTED || INFORMATION to an outside TECHNICAL ADVISOR, the producing party shall within seven || (7) days of receipt serve written objections identifying the specific basis for the objection, and || particularly identifying all information to which disclosure is objected. Failure to object within || seven (7) days shall authorize the disclosure of PROTECTED INFORMATION to the || TECHNICAL ADVISOR. As to any objections, the parties shall attempt in good faith to || promptly resolve any objections informally. If the objections cannot be resolved, the party || seeking to prevent disclosure of the PROTECTED INFORMATION to the expert shall move || within seven (7) days for an Order of the Court preventing the disclosure. The burden of proving || that the designation is proper shall be upon the producing party. If no such motion is made within || seven (7) days, disclosure to the TECHNICAL ADVISOR shall be permitted. In the event that || objections are made and not resolved informally and a motion is filed, disclosure of || PROTECTED INFORMATION to the TECHNICAL ADVISOR shall not be made except by || Order of the Court.

25 (c) Any disclosure agreement executed by any person affiliated with a party || shall be provided to any other party who, based upon a good faith belief that there has been a || violation of this order, requests a copy.

STIPULATED PROTECTIVE ORDER -5- 2:21-CV-01956-KJM-D 1 (d) No party shall attempt to depose any TECHNICAL ADVISOR until such || time as the TECHNICAL ADVISOR 1s designated by the party engaging the TECHNICAL || ADVISOR as a testifying expert. Notwithstanding the preceding sentence, any party may depose || a TECHNICAL ADVISOR as a fact witness provided that the party seeking such deposition has a || good faith, demonstrable basis independent of the Disclosure Agreement or the information || provided under subparagraph (a) above that such person possesses facts relevant to this action, or || facts likely to lead to the discovery of admissible evidence; however, such deposition, if it || precedes the designation of such person by the engaging party as a testifying expert, shall not || include any questions regarding the scope or subject matter of the engagement. In addition, if the || engaging party chooses not to designate the TECHNICAL ADVISOR as a testifying expert, the || non-engaging party shall be barred from seeking discovery or trial testimony as to the scope or || subject matter of the engagement.

13 4. Designation of Information 14 (a) Documents and things produced or furnished during the course of this || action shall be designated as containing CONFIDENTIAL INFORMATION, by placing on each || page, each document (whether in paper or electronic form), or each thing a legend substantially as || follows: 18 CONFIDENTIAL INFORMATION 19 (b) Documents and things produced or furnished during the course of this || action shall be designated as containing information which is CONFIDENTIAL INFORMATION || -ATTORNEYS EYES ONLY by placing on each page, each document (whether in paper or || electronic form), or each thing a legend substantially as follows: 23 CONFIDENTIAL INFORMATION —- ATTORNEYS EYES ONLY 24 (c) During discovery, a producing party shall have the option to require that all || or batches of materials be treated as containing CONFIDENTIAL INFORMATION — || ATTORNEYS EYES ONLY during inspection and to make its designation as to particular || documents and things at the time copies of documents and things are furnished.

STIPULATED PROTECTIVE ORDER -6- 2:21-CV-01956-KJM-D 1 (d) A party may designate information disclosed at a deposition as || CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — ATTORNEYS || EYES ONLY by requesting the reporter to so designate the transcript at the time of the || deposition.

5 (e) A producing party shall designate its discovery responses, responses to || requests for admission, briefs, memoranda, and all other papers sent to the court or to opposing || counsel as containng CONFIDENTIAL INFORMATION or CONFIDENTIAL || INFORMATION — ATTORNEYS EYES ONLY when such papers are served or sent.

9 (f) A party shall designate information disclosed at a hearing or trial as || CONFIDENTIAL INFORMATION or as CONFIDENTIAL INFORMATION — ATTORNEYS || EYES ONLY by requesting the court, at the time the information is proffered or adduced, to || receive the information only in the presence of those persons designated to receive such || information and court personnel, and to designate the transcript appropriately.

14 (g) The parties will use reasonable care to avoid designating any documents or || information as CONFIDENTIAL INFORMATION or as CONFIDENTIAL INFORMATION — || ATTORNEYS EYES ONLY that is not entitled to such designation or which is generally || available to the public. The parties shall designate only that part of a document or deposition that || is CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — ATTORNEYS || EYES ONLY, rather than the entire document or deposition. For example, if a party claims that a || document contains pricing information that is CONFIDENTIAL — ATTORNEYS EYES ONLY, || the party will designate only that part of the document setting forth the specific pricing || information as ATTORNEYS EYES ONLY, rather than the entire document.

23 (h) In multi-party cases, Plaintiffs and/or Defendants shall further be able to || designate documents as CONFIDENTIAL INFORMATION — NOT TO BE DISCLOSED TO || OTHER PLAINTIFFS or CONFIDENTIAL INFORMATION — NOT TO BE DISCLOSED TO || OTHER DEFENDANTS for documents that shall not be disclosed to other parties.

STIPULATED PROTECTIVE ORDER -7- 2:21-CV-01956-KJM-D 1 5. Disclosure and Use of Confidential Information 2 Information that has been designated CONFIDENTIAL INFORMATION or as || CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY shall be disclosed by the || receiving party only to Qualified Recipients. All Qualified Recipients shall hold such || information received from the disclosing party in confidence, shall use the information only for || purposes of this action and for no other action, and shall not use it for any business or other || commercial purpose, and shall not use it for filing or prosecuting any patent application (of any || type) or patent reissue or reexamination request, and shall not disclose it to any person, except as || hereinafter provided. All information that has been designated CONFIDENTIAL || INFORMATION or as CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY shall || be carefully maintained so as to preclude access by persons who are not qualified to receive such || information under the terms of this Order.

13 In multi-party cases, documents designated as CONFIDENTIAL INFORMATION — NOT || TO BE DISCLOSED TO OTHER PLAINTIFFS or CONFIDENTIAL INFORMATION — NOT || TO BE DISCLOSED TO OTHER DEFENDANTS shall not be disclosed to other plaintiffs || and/or defendants.

17 6. Qualified Recipients 18 For purposes of this Order, “Qualified Recipient” means 19 (a) For CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY: 20 (1) Outside counsel of record for the parties in this action, and the || partners, associates, secretaries, paralegal assistants, and employees of such counsel to the extent || reasonably necessary to render professional services in the action, outside copying services, || document management services and graphic services; 24 (2) Court officials involved in this action (including court reporters, || persons operating video recording equipment at depositions, and any special master appointed by || the Court); 27 (3) Any person designated by the Court in the interest of justice, upon || such terms as the Court may deem proper; STIPULATED PROTECTIVE ORDER -8- 2:21-CV-01956-KJM-D 1 (4) Any outside TECHNICAL ADVISOR employed by the outside || counsel of record, subject to the requirements in Paragraph 3 above; 3 (5) Any witness during the course of discovery, so long as it is stated || on the face of each document designated CONFIDENTIAL INFORMATION — ATTORNEYS || EYES ONLY being disclosed that the witness to whom a party is seeking to disclose the || document was either an author, recipient, or otherwise involved in the creation of the document.

7 || Where it is not stated on the face of the confidential document being disclosed that the witness to || whom a party is seeking to disclose the document was either an author, recipient, or otherwise || involved in the creation of the document, the party seeking disclosure may nonetheless disclose || the confidential document to the witness, provided that: (i) the party seeking disclosure has a || reasonable basis for believing that the witness in fact received or reviewed the document, (11) the || party seeking disclosure provides advance notice to the party that produced the document, and || (ai) the party that produced the document does not inform the party seeking disclosure that the || person to whom the party intends to disclose the document did not in fact receive or review the || documents. Nothing herein shall prevent disclosure at a deposition of a document designated || CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY to the officers, directors, and || managerial level employees of the party producing such CONFIDENTIAL INFORMATION — || ATTORNEYS EYES ONLY, or to any employee of such party who has access to such || CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY in the ordinary course of || such employee’s employment; and 21 (6) Any designated arbitrator or mediator who is assigned to hear this || matter, or who has been selected by the parties, and his or her staff, provided that such individuals || agree in writing, pursuant to the Disclosure Agreement, to be bound by the terms of this Order.

24 (b) FOR CONFIDENTIAL INFORMATION: 25 (1) Those persons listed in paragraph 6(a); 26 (2) In-house counsel for a party to this action who are acting in a legal || capacity and who are actively engaged in the conduct of this action, and the secretary and || paralegal assistants of such counsel to the extent reasonably necessary; STIPULATED PROTECTIVE ORDER -9- 2:21-CV-01956-KJM-D 1 (3) The insurer of a party to litigation and employees of such insurer to || the extent reasonably necessary to assist the party’s counsel to afford the insurer an opportunity to || investigate and evaluate the claim for purposes of determining coverage and for settlement || purposes; and 5 (4) A party to this action and representatives, officers, or employees of || a party as necessary to assist outside counsel with this litigation.

7 7. Use of Protected Information 8 (a) In the event that any receiving party’s briefs, memoranda, discovery || requests, requests for admission, or other papers of any kind that are served or filed include || another party’s CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — || ATTORNEYS EYES ONLY, the papers must be appropriately designated pursuant to paragraphs || 4(a) and (b) and governed by Local Rules 140 and 141.

13 (b) All documents, including attorney notes and abstracts, that contain another || party’s CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — || ATTORNEYS EYES ONLY, shall be handled as if they were designated pursuant to paragraph || 4(a) or (b).

17 (c) Documents, papers, and transcripts that are filed with the court and contain || any other party’s CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — || ATTORNEYS EYES ONLY shall be filed in accordance with Local Rules 140 and 141.

20 (d) To the extent that documents are reviewed by a receiving party prior to || production, any knowledge learned during the review process will be treated by the receiving || party as CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY until such time as || the documents have been produced, at which time any stamped classification will control. No || photograph or any other means of duplication, including but not limited to electronic means, of || materials provided for review prior to production is permitted before the documents are produced || with the appropriate stamped classification.

27 (e) In the event that any question is asked at a deposition with respect to which || a party asserts that the answer requires the disclosure of CONFIDENTIAL INFORMATION or STIPULATED PROTECTIVE ORDER -10- 2:21-CV-01956-KJM-D || CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY, such question shall || nonetheless be answered by the witness fully and completely. Prior to answering, however, all || persons present shall be advised of this Order by the party making the confidentiality assertion || and, in the case of information designated as CONFIDENTIAL INFORMATION — || ATTORNEYS EYES ONLY at the request of such party, all persons who are not allowed to || obtain such information pursuant to this Order, other than the witness, shall leave the room during || the time in which this information is disclosed or discussed.

8 (f) Nothing in this Protective Order shall bar or otherwise restrict outside || counsel from rendering advice to his or her client who 1s a party in this action and, in the course || thereof, from relying in a general way upon his or her examination of materials designated || CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — ATTORNEYS || EYES ONLY, provided, however, that in rendering such advice and in otherwise communicating || with his or her client, such counsel shall not disclose the specific contents of any materials || designated CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY.

15 8. Inadvertent Failure to Designate 16 (a) In the event that a producing party inadvertently fails to designate any of its || information pursuant to paragraph 4, it may later designate by notifying the receiving parties in || writing. The receiving parties shall take reasonable steps to see that the information is thereafter || treated in accordance with the designation.

20 (b) It shall be understood however, that no person or party shall incur any || liability hereunder with respect to disclosure that occurred prior to receipt of written notice of a || belated designation.

23 9, Challenge to Designation 24 (a) Any receiving party may challenge a producing party’s designation at any || time. A failure of any party to expressly challenge a claim of confidentiality or any document || designation shall not constitute a waiver of the right to assert at any subsequent time that the same || 1s not in-fact confidential or not an appropriate designation for any reason.

STIPULATED PROTECTIVE ORDER -11- 2:21-CV-01956-KJM-D 1 (b) Any receiving party may disagree with the designation of any information || received from the producing party as CONFIDENTIAL INFORMATION or CONFIDENTIAL || INFORMATION — ATTORNEYS EYES ONLY. In that case, any receiving party desiring to || disclose or to permit inspection of the same otherwise than is permitted in this Order, may request || the producing party in writing to change the designation of a document or documents, stating with || particularity the reasons for that request, and specifying the category to which the challenged || document(s) should be de-designated The producing party shall then have seven (7) days from || the date of service of the request to: 9 (1) advise the receiving parties whether or not it persists in such 10 designation; and 11 (11) if it persists in the designation, to explain the reason for the 12 particular designation and to state its intent to seek a protective 13 order or any other order to maintain the designation.

14 (c) If no response is made within seven (7) days after service of the request || under subparagraph (b), the information will be de-designated to the category requested by the || receiving party. If, however, the request under subparagraph (b) above is responded to under || subparagraph (b)(1) and (11), within seven (7) days the producing party may then move the court || for a protective order or any other order to maintain the designation. The burden of proving that || the designation is proper shall be upon the producing party. such motion is made within || seven (7) days after the statement to seek an order under subparagraph (b)(i1), the information || will be de-designated to the category requested by the receiving party. In the event objections are || made and not resolved informally and a motion is filed, disclosure of information shall not be || made until the issue has been resolved by the Court (or to any limited extent upon which the || parties may agree).

25 No party shall be obligated to challenge the propriety of any designation when made, and || failure to do so shall not preclude a subsequent challenge to the propriety of such designation.

STIPULATED PROTECTIVE ORDER -12- 2:21-CV-01956-KJM-D 1 (d) With respect to requests and applications to remove or change a || designation, information shall not be considered confidential or proprietary to the producing party 3 if: 4 (1) the information in question has become available to the public 5 through no violation of this Order; or 6 (1) the information was known to any receiving party prior to its 7 receipt from the producing party; or 8 (ii) information was received by any receiving party without 9 restrictions on disclosure from a third party having the right to 10 make such a disclosure.

11 10. Production of Privileged Documents, Inadvertent or Otherwise 12 (a) The production or disclosure of an attorney-client, work-product, or other || privileged or protected document shall not be deemed a waiver of the attorney-client privilege, || work-product protection, or other protection or immunity from discovery by the producing or || protected party in this or any subsequent state or federal proceeding pursuant to Federal Rule of || Evidence 502 regardless of the circumstances of disclosure, whether inadvertent or otherwise.

17 (b) If a party produces or provides discovery that it believes is subject to a || claim of attorney-client privilege, attorney work product, or other privilege the producing party || may give written notice to the receiving party that the document or thing is subject to a claim of || attorney-client privilege, attorney work product, or other privilege and request that the document || or thing be returned to the producing party. The receiving party shall return to the producing party || such document or thing. Return of the document or thing shall not constitute an admission or || concession, or permit any inference, that the returned document or thing is, in fact, properly || subject to a claim of attorney-client privilege, attorney work product, or other privilege, nor shall || it foreclose any party from moving the Court pursuant to Fed. R. Civ. P. 26(b)(5) and Fed. R. || Evid. 502 for an Order that such document or thing has been properly designated or should be || produced.

STIPULATED PROTECTIVE ORDER -]3- 2:21-CV-01956-KJM-D 1 (c) Moreover, if any party becomes aware of the production or disclosure of || privileged or protected documents by any other party, that party shall provide written notice of || such production or disclosure within thirty (30) days of learning of the production or disclosure.

4 (d) This Order shall be interpreted to provide the maximum protection allowed || by Federal Rule of Evidence 502(d).

6 11. Inadvertent Disclosure of Protected Information 7 In the event of an inadvertent disclosure of another party’s CONFIDENTIAL || INFORMATION or CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY to a || non-Qualified Recipient, the party making the inadvertent disclosure shall promptly upon || learning of the disclosure: (1) notify the person to whom the disclosure was made that it contains || CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — ATTORNEYS || EYES ONLY subject to this Order; (11) make all reasonable efforts to preclude dissemination or || use of the CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — || ATTORNEYS EYES ONLY by the person to whom disclosure was inadvertently made || including, but not limited to, obtaining all copies of such materials from the non-Qualified || Recipient; and (111) notify the producing party of the identity of the person to whom the disclosure || was made, the circumstances surrounding the disclosure, and the steps taken to ensure against the || dissemination or use of the information.

19 12. Limitation 20 This Order shall be without prejudice to any party’s right to assert at any time that any || particular information or document is or 1s not subject to discovery, production or admissibility || on the grounds other than confidentiality.

23 13. Conclusion of Action 24 (a) At the conclusion of this action, including through all appeals, each party || or other person subject to the terms hereof shall be under an obligation to destroy or return to the || producing party all materials and documents containing CONFIDENTIAL INFORMATION or || CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY and to certify to the STIPULATED PROTECTIVE ORDER -14- 2:21-CV-01956-KJM-D || producing party such destruction or return. Such return or destruction shall not relieve said || parties or persons from any of the continuing obligations imposed upon them by this Order.

3 (b) After this action, trial counsel for each party may retain one archive copy || of all documents and discovery material even if they contain or reflect another party’s || CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — ATTORNEYS || EYES ONLY. Trial counsel’s archive copy shall remain subject to all obligations of this Order.

7 (c) The provisions of this paragraph shall not be binding on the United States, || any insurance company, or any other party to the extent that such provisions conflict with || applicable Federal or State law. The Department of Justice, any insurance company, or any other || party shall notify the producing party in writing of any such conflict it identifies in connection || with a particular matter so that such matter can be resolved either by the parties or by the Court.

12 14. — Production by Third Parties Pursuant to Subpoena 13 Any third party producing documents or things or giving testimony in this action pursuant || to asubpoena, notice or request may designate said documents, things, or testimony as || CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — ATTORNEYS || EYES ONLY. The parties agree that they will treat CONFIDENTIAL INFORMATION or || CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY produced by third parties || according to the terms of this Order.

19 15. Compulsory Disclosure to Third Parties 20 If any receiving party is subpoenaed in another action or proceeding or served with a || document or testimony demand or a court order, and such subpoena or demand or court order || seeks CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — || ATTORNEYS EYES ONLY of a producing party, the receiving party shall give prompt written || notice to counsel for the producing party and allow the producing party an opportunity to oppose || such subpoena or demand or court order prior to the deadline for complying with the subpoena or || demand or court order. No compulsory disclosure to third parties of information or material || exchanged under this Order shall be deemed a waiver of any claim of confidentiality, except as || expressly found by a court or judicial authority of competent jurisdiction.

STIPULATED PROTECTIVE ORDER -15- 2:21-CV-01956-KJM-D 1 16. Jurisdiction to Enforce Protective Order 2 After the termination of this action, the Court will continue to have jurisdiction to enforce || this Order.

4 17. Modification of Protective Order 5 This Order is without prejudice to the right of any person or entity to seek a modification || of this Order at any time either through stipulation or Order of the Court.

7 18. Confidentiality of Party’s Own Documents 8 Nothing herein shall affect the right of the designating party to disclose to its officers, || directors, employees, attorneys, consultants or experts, or to any other person, its own || information. Such disclosure shall not waive the protections of this Protective Order and shall not || entitle other parties or their attorneys to disclose such information in violation of it, unless by || such disclosure of the designating party the information becomes public knowledge. Similarly, || the Protective Order shall not preclude a party from showing its own information, including its || own information that is filed under seal by a party, to its officers, directors, employees, attorneys, || consultants or experts, or to any other person.

17 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.

19 DATED: February 9, 2022. STOEL RIVES LLP /s/ Tanner B. Camp 20 David J. Jordan R. Chad Pugh 21 Bryan L. Hawkins Tanner B. Camp Attorneys for Defendant Bonneville International 23 Corporation DATED: February 9, 2022. RUGGLES LAW FIRM /s/ Matthew J. Ruggles (as authorized on 2/8/2022) 26 Matthew J. Ruggles 27 Attorneys Plaintiff Grant Napear STIPULATED PROTECTIVE ORDER -16- 2:21-CV-01956-KJM-D) 1 ORDER 2 Pursuant to the parties’ stipulation, IT IS SO ORDERED.

3 IT IS FURTHER ORDERED THAT: 4 1. Requests to seal documents shall be made by motion before the same judge who will || decide the matter related to that request to seal.

6 2. The designation of documents (including transcripts of testimony) as confidential || pursuant to this order does not automatically entitle the parties to file such a document with the || court under seal. Parties are advised that any request to seal documents in this district is governed || by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a || written order of the court after a specific request to seal has been made. L.R. 141(a). However, a || mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires || that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, || the requested duration, the identity, by name or category, of persons to be permitted access to the || document, and all relevant information.” L.R. 141(b).

15 3. A request to seal material must normally meet the high threshold of showing that || “compelling reasons” support secrecy; however, where the material is, at most, “tangentially || related” to the merits of a case, the request to seal may be granted on a showing of “good cause.”

18 || Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); || Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006).

20 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of || certain documents, at any court hearing or trial — such determinations will only be made by the || court at the hearing or trial, or upon an appropriate motion.

23 5. With respect to motions regarding any disputes concerning this protective order which || the parties cannot informally resolve, the parties shall follow the procedures outlined in Local || Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex || parte basis or on shortened time.

STIPULATED PROTECTIVE ORDER -|7- 2:21-CV-01956-KJM-D 1 6. The parties may not modify the terms of this Protective Order without the court’s || approval. Ifthe parties agree to a potential modification, they shall submit a stipulation and || proposed order for the court’s consideration.

4 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement || of the terms of this Protective Order after the action is terminated.

6 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is || hereby DISAPPROVED.

8 || DATED: February 9, 2022 /s| DEBORAH BARNES 9 UNITED STATES MAGISTRATE JUDGE 1] STIPULATED PROTECTIVE ORDER -18- 2:21-CV-01956-KJM-D STIPULATED PROTECTIVE ORDER -19- 2:21-CV-01956-KJM-D 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 3 GRANT NAPEAR, Case No. 2:21-cv-01956-KJM-DB 4 Plaintiff, DISCLOSURE AGREEMENT 5 Vv. Judge Kimberly J. Mueller BONNEVILLE INTERNATIONAL CORPORATION, a Utah corporation; and DOES 1 through 50, inclusive, g Defendants.

1 I, , am employed by . Inconnection with this action, I am: 13 a director, officer or employee of who 1s directly 14 assisting 1n this action; 15 have been retained to furnish technical or other expert services or to give 16 testimony (a "TECHNICAL ADVISOR"); 17 Other Qualified Recipient (as defined in the Protective Order) 18 (Describe: ).

19 I have read, understand and agree to comply with and be bound by the terms of the || Stipulated Protective Order (“Protective Order”) in the matter of 1 , Civil Action No. , pending in || the United States District Court for the Eastern District of California. I further state that the || Protective Order entered by the Court, a copy of which has been given to me and which I have || read, prohibits me from using any PROTECTED INFORMATION, including documents, for any || purpose not appropriate or necessary to my participation in this action or disclosing such || documents or information to any person not entitled to receive them under the terms of the || Protective Order. To the extent I have been given access to PROTECTED INFORMATION, I g || will not in any way disclose, discuss, or exhibit such information except to those persons whom I STIPULATED PROTECTIVE ORDER -20- 2:21-CV-01956-KJM-D || know (a) are authorized under the Protective Order to have access to such information, and (b) || have executed a Disclosure Agreement. I will return, on request, all materials containing || PROTECTED INFORMATION, copies thereof and notes that I have prepared relating thereto, to || counsel for the party with whom I am associated. I agree to be bound by the Protective Order in || every aspect and to be subject to the jurisdiction of the United States District Court for the || Eastern District of California for purposes of its enforcement and the enforcement of my || obligations under this Disclosure Agreement. I declare under penalty of perjury that the || foregoing ts true and correct.

Signed by Recipient 12 Name (pnnted) SO Date: STIPULATED PROTECTIVE ORDER -21- 2:21-CV-01956-KJM-D 1 CERTIFICATE OF SERVICE 2 I hereby certify that on February 9, 2022, a copy of the foregoing was served via ECF || Court Filing upon the following: 4 Matthew J. Ruggles RUGGLES LAW FIRM 5 7940 California Avenue Fair Oaks, CA 95628 6 [email protected] 7 Attorneys for Plaintiff Grant Napear 9 /s/ Nedra Wright Loyola □□□ 1] STIPULATED PROTECTIVE ORDER -22- 2:21-CV-01956-KJM-D)