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 92260 Tel.: (714) 513-1122 6 Fax: (714) 242-9529

7 Attorneys for Defendants AMCO INSURANCE COMPANY and NATIONWIDE GENERAL INSURANCE COMPANY 8

9 UNITED STATES DISTRICT COURT

10 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

11 SUNSET JUNIOR, LLC, a CASE NO.: 2:22-cv-06972-SPG-AGR 12 California limited liability company,

13 STIPULATION AND PROPOSED Plaintiff, PROTECTIVE ORDER 14 vs. 15 AMCO INSURANCE COMPANY, 16 an Iowa corporation; NATIONWIDE GENERAL 17 INSURANCE COMPANY, an Ohio corporation; and DOES 1 through 18 15, inclusive,

19 Defendants.

20 21 1. PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, 23 proprietary or private information for which special protection from public 24 disclosure and from use for any purpose other than pursuing this litigation may be 25 warranted. Accordingly, PLAINTIFF SUNSET JUNIOR, LLC and 26 DEFENDANTS AMCO INSURANCE COMPANY and NATIONWIDE 27 GENERAL INSURANCE COMPANY (collectively, the “parties”) hereby 1 Order. The parties acknowledge that this Order does not confer blanket protections 2 on all disclosures or responses to discovery and that the protection it affords from 3 public disclosure and use extends only to the limited information or items that are 4 entitled to confidential treatment under the applicable legal principles. 5 2. GOOD CAUSE STATEMENT 6 This action is likely to involve trade secrets and other valuable research, 7 development, commercial, financial, technical and/or proprietary information for 8 which special protection from public disclosure and from use for any purpose other 9 than prosecution of this action is warranted. Such confidential and proprietary 10 materials and information consist of, among other things, confidential business or 11 financial information, information regarding confidential business practices and 12 procedures, including claims handling manuals, or other confidential research, 13 development, or commercial information (including information implicating 14 privacy rights of third parties such as claim files or personnel records), information 15 otherwise generally unavailable to the public, or which may be privileged or 16 otherwise protected from disclosure under state or federal statutes, court rules, case 17 decisions, or common law. Accordingly, to expedite the flow of information, to 18 facilitate the prompt resolution of disputes over confidentiality of discovery 19 materials, to adequately protect information the parties are entitled to keep 20 confidential, to ensure that the parties are permitted reasonable necessary uses of 21 such material in preparation for and in the conduct of trial, to address their 22 handling at the end of the litigation, and serve the ends of justice, a protective order 23 for such information is justified in this matter. It is the intent of the parties that 24 information will not be designated as confidential for tactical reasons and that 25 nothing be so designated without a good faith belief that it has been maintained in 26 a confidential, non-public manner, and there is good cause why it should not be 27 part of the public record of this case. 1 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 2 The parties further acknowledge, as set forth in Section 14.3, below, that this 3 Stipulated Protective Order does not entitle them to file confidential information 4 under seal. Local Civil Rule 79-5 sets forth the procedures that must be followed 5 and the standards that will be applied when a party seeks permission from the court 6 to file material under seal. There is a strong presumption that the public has a right 7 of access to judicial proceedings and records in civil cases. In connection with non- 8 dispositive motions, good cause must be shown to support a filing under seal. See 9 Kamakana v. City and County of Honolulu,

(9th Cir. 2006), 10 Phillips v. Gen. Motors Corp.,

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

(E.D. Wis. 1999) (even 12 stipulated protective orders require good cause showing), and a specific showing of 13 good cause or compelling reasons with proper evidentiary support and legal 14 justification must be made with respect to Protected Material that a party seeks to 15 file under seal. The parties’ mere designation of Disclosure or Discovery Material 16 as CONFIDENTIAL does not— without the submission of competent evidence by 17 declaration, establishing that the material sought to be filed under seal qualifies as 18 confidential, privileged, or otherwise protectable—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 25 reasons, supported by specific facts and legal justification, for the requested sealing 26 order. Again, competent evidence supporting the application to file documents 27 under seal must be provided by declaration. 1 in its entirety will not be filed under seal if the confidential portions can be 2 redacted. If documents can be redacted, then a redacted version for public viewing, 3 omitting only the confidential, privileged, or otherwise protectable portions of the 4 document, shall be filed. Any application that seeks to file documents under seal in 5 their entirety should include an explanation of why redaction is not feasible. 6 4. DEFINITIONS 7 4.1 Action: This pending lawsuit. 8 4.2 Challenging Party: a Party or Non-Party that challenges the 9 designation of information or items under this Order. 10 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 11 how it is generated, stored or maintained) or tangible things that qualify for 12 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 13 the Good Cause Statement. 14 4.4 Counsel: Counsel of Record (as well as their support staff). 15 4.5 Designating Party: a Party or Non-Party that designates information or 16 items that it produces in disclosures or in responses to discovery as 17 “CONFIDENTIAL.” 18 4.6 Disclosure or Discovery Material: all items or information, regardless 19 of the medium or manner in which it is generated, stored, or maintained (including, 20 among other things, testimony, transcripts, and tangible things), that are produced 21 or generated in disclosures or responses to discovery. 22 4.7 Expert: a person with specialized knowledge or experience in a matter 23 pertinent to the litigation who has been retained by a Party or its counsel to serve 24 as an expert witness or as a consultant in this Action. 25 4.8 House Counsel: attorneys who are employees of a party to this 26 Action. House Counsel does not include Outside Counsel of Record or any other 27 outside counsel. 1 other legal entity not named as a Party to this action. 2 4.10 Outside Counsel of Record: attorneys who are not employees of a 3 party to this Action but are retained to represent a party to this Action and have 4 appeared in this Action on behalf of that party or are affiliated with a law firm that 5 has appeared on behalf of that party, and includes support staff. 6 4.11 Party: any party to this Action, including all of its officers, directors, 7 employees, consultants, retained experts, and Outside Counsel of Record (and their 8 support staffs). 9 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 10 Discovery Material in this Action. 11 4.13 Professional Vendors: persons or entities that provide litigation 12 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 13 demonstrations, and organizing, storing, or retrieving data in any form or medium) 14 and their employees and subcontractors. 15 4.14 Protected Material: any Disclosure or Discovery Material that is 16 designated as “CONFIDENTIAL.” 17 4.15 Receiving Party: a Party that receives Disclosure or Discovery 18 Material from a Producing Party. 19 5. SCOPE 20 The protections conferred by this Stipulation and Order cover not only 21 Protected Material (as defined above), but also (1) any information copied or 22 extracted from Protected Material; (2) all copies, excerpts, summaries, or 23 compilations of Protected Material; and (3) any testimony, conversations, or 24 presentations by Parties or their Counsel that might reveal Protected Material. Any 25 use of Protected Material at trial shall be governed by the orders of the trial judge 26 and other applicable authorities. This Order does not govern the use of Protected 27 Material at trial. 1 6. DURATION 2 Once a case proceeds to trial, information that was designated as 3 CONFIDENTIAL or maintained pursuant to this protective order used or 4 introduced as an exhibit at trial becomes public and will be presumptively 5 available to all members of the public, including the press, unless compelling 6 reasons supported by specific factual findings to proceed otherwise are made to the 7 trial judge in advance of the trial. See Kamakana,

-81 8 (distinguishing “good cause” showing for sealing documents produced in 9 discovery from “compelling reasons” standard when merits-related documents are 10 part of court record). Accordingly, the terms of this protective order do not extend 11 beyond the commencement of the trial. 12 7. DESIGNATING PROTECTED MATERIAL 13 7.1 Exercise of Restraint and Care in Designating Material for 14 Protection. Each Party or Non-Party that designates information or 15 items for protection under this Order must take care to limit any such designation 16 to specific material that qualifies under the appropriate standards. The Designating 17 Party must designate for protection only those parts of material, documents, items 18 or oral or written communications that qualify so that other portions of the 19 material, documents, items or communications for which protection is not 20 warranted are not swept unjustifiably within the ambit of this Order. 21 Mass, indiscriminate or routinized designations are prohibited. Designations 22 that are shown to be clearly unjustified or that have been made for an improper 23 purpose (e.g., to unnecessarily encumber the case development process or to 24 impose unnecessary expenses and burdens on other parties) may expose the 25 Designating Party to sanctions. 26 If it comes to a Designating Party’s attention that information or items that it 27 designated for protection do not qualify for protection, that Designating Party must 1 7.2 Manner and Timing of Designations. Except as otherwise provided in 2 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 3 that qualifies for protection under this Order must be clearly so designated before 4 the material is disclosed or produced. 5 Designation in conformity with this Order requires: 6 (a) for information in documentary form (e.g., paper or electronic 7 documents, but excluding transcripts of depositions or other pretrial or trial 8 proceedings), that the Producing Party affix at a minimum, the legend 9 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 10 contains protected material. If only a portion of the material on a page qualifies for 11 protection, the Producing Party also must clearly identify the protected portion(s) 12 (e.g., by making appropriate markings in the margins). 13 A Party or Non-Party that makes original documents available for inspection 14 need not designate them for protection until after the inspecting Party has indicated 15 which documents it would like copied and produced. During the inspection and 16 before the designation, all of the material made available for inspection shall be 17 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 18 documents it wants copied and produced, the Producing Party must determine 19 which documents, or portions thereof, qualify for protection under this Order. 20 Then, before producing the specified documents, the Producing Party must affix 21 the “CONFIDENTIAL legend” to each page that contains Protected Material. If 22 only a portion of the material on a page qualifies for protection, the Producing 23 Party also must clearly identify the protected portion(s) (e.g., by making 24 appropriate markings in the margins). 25 (b) for testimony given in depositions that the Designating Party 26 identifies the Disclosure or Discovery Material on the record, before the close of 27 the deposition all protected testimony. 1 and for any other tangible items, that the Producing Party affix in a prominent 2 place on the exterior of the container or containers in which the information is 3 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 4 information warrants protection, the Producing Party, to the extent practicable, 5 shall identify the protected portion(s). 6 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 7 failure to designate qualified information or items does not, standing alone, waive 8 the Designating Party’s right to secure protection under this Order for such 9 material. Upon timely correction of a designation, the Receiving Party must make 10 reasonable efforts to assure that the material is treated in accordance with the 11 provisions of this Order. 12 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 14 designation of confidentiality at any time that is consistent with the Court’s 15 Scheduling Order. 16 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 17 resolution process under Local Rule 37-1 et seq. 18 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 19 joint stipulation pursuant to Local Rule 37-2. 20 8.4 The burden of persuasion in any such challenge proceeding shall be 21 on the Designating Party. Frivolous challenges, and those made for an improper 22 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 23 parties) may expose the Challenging Party to sanctions. Unless the Designating 24 Party has waived or withdrawn the confidentiality designation, all parties shall 25 continue to afford the material in question the level of protection to which it is 26 entitled under the Producing Party’s designation until the Court rules on the 27 challenge. 1 9. ACCESS TO AND USE OF PROTECTED MATERIAL 2 9.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 Action only for prosecuting, defending or attempting to settle this Action. Such 5 Protected Material may be disclosed only to the categories of persons and under 6 the conditions described in this Order. When the Action has been terminated, a 7 Receiving Party must comply with the provisions of section 15 below (FINAL 8 DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 13 otherwise ordered by the court or permitted in writing by the Designating Party, a 14 Receiving Party may disclose any information or item designated 15 “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 17 well as employees of said Outside Counsel of Record to whom it is reasonably 18 necessary to disclose the information for this Action; 19 (b) the officers, directors, and employees (including House Counsel) 20 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 21 (c) Experts (as defined in this Order) of the Receiving Party to whom 22 disclosure is reasonably necessary for this Action and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (d) the court and its personnel; 25 (e) court reporters and their staff; 26 (f) professional jury or trial consultants, mock jurors, and Professional 27 Vendors to whom disclosure is reasonably necessary for this Action and who have 1 (g) the author or recipient of a document containing the information or 2 a custodian or other person who otherwise possessed or knew the information; 3 (h) during their depositions, witnesses, and attorneys for witnesses, in 4 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 5 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 6 they will not be permitted to keep any confidential information unless they sign the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 8 agreed by the Designating Party or ordered by the court. Pages of transcribed 9 deposition testimony or exhibits to depositions that reveal Protected Material may 10 be separately bound by the court reporter and may not be disclosed to anyone 11 except as permitted under this Stipulated Protective Order; and 12 (i) any mediators or settlement officers and their supporting personnel, 13 mutually agreed upon by any of the parties engaged in settlement discussions. 14 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

15 If a Receiving Party learns that, by inadvertence or otherwise, it has 16 disclosed Protected Material to any person or in any circumstance not authorized 17 under this Stipulated Protective Order, the Receiving Party must immediately (a) 18 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 19 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 20 the person or persons to whom unauthorized disclosures were made of all the terms 21 of this Order, and (d) request such person or persons to execute the 22 “Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A. 23 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 24 OTHERWISE PROTECTED MATERIAL 25 When a Producing Party gives notice to Receiving Parties that certain 26 inadvertently produced material is subject to a claim of privilege or other 27 protection, the obligations of the Receiving Parties are those set forth in Federal 1 whatever procedure may be established in an e-discovery order that provides for 2 production without prior privilege review. Pursuant to Federal Rule of Evidence 3 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 4 of a communication or information covered by the attorney-client privilege or 5 work product protection, the parties may incorporate their agreement in the 6 stipulated protective order submitted to the court. 7 12. MISCELLANEOUS 8 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 9 person to seek its modification by the Court in the future. 10 12.2 Right to Assert Other Objections. By stipulating to the entry of this 11 Protective Order, no Party waives any right it otherwise would have to object to 12 disclosing or producing any information or item on any ground not addressed in 13 this Stipulated Protective Order. Similarly, no Party waives any right to object on 14 any ground to use in evidence of any of the material covered by this Protective 15 Order. 16 12.3 Filing Protected Material. A Party that seeks to file under seal any 17 Protected Material must comply with Local Civil Rule 79-5. Protected Material 18 may only be filed under seal pursuant to a court order authorizing the sealing of the 19 specific Protected Material. If a Party’s request to file Protected Material under 20 seal is denied by the court, then the Receiving Party may file the information in the 21 public record unless otherwise instructed by the court. 22 13. FINAL DISPOSITION 23 After the final disposition of this Action, as defined in paragraph 6, within 24 60 days of a written request by the Designating Party, each Receiving Party must 25 return all Protected Material to the Producing Party or destroy such material. As 26 used in this subdivision, “all Protected Material” includes all copies, abstracts, 27 compilations, summaries, and any other format reproducing or capturing any of the 1 ||Receiving Party must submit a written certification to the Producing Party (and, if 2 ||not the same person or entity, to the Designating Party) by the 60-day deadline that 3 identifies (by category, where appropriate) all the Protected Material that was 4 returned or destroyed and (2) affirms that the Receiving Party has not retained any 5 || copies, abstracts, compilations, summaries or any other format reproducing or 6 || capturing any of the Protected Material. Notwithstanding this provision, Counsel 7 entitled to retain an archival copy of all pleadings, motion papers, trial, 8 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition 9 || and trial exhibits, expert reports, attorney work product, and consultant and expert 10 || work product, even if such materials contain Protected Material. Any such archival 1! |) copies that contain or constitute Protected Material remain subject to this 12 |) Protective Order as set forth in Section 6 (DURATION). VIOLATION 14 Any violation of this Order may be punished by appropriate measures 15 |! including, without limitation, contempt proceedings and/or monetary sanctions. 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 17 Dated: May 4, 2023 ENGSTROM, LIPSCOMB & LACK, 18 P.C. —A=f- 20 = Andrew M. Jacobson 21 Attorney for Plaintiff > SUNSET JUNIOR, LLC

23 34 Dated: May 4, 2023 HINES HAMPTON PELANDA LLP

25 AV te = —= By: 26 Nicole M. Hampton Attorneys for Defendants AMCO INSURANCE COMPANY and 28 NATIONWIDE GENERAL INS. CO.

1 ORDER 2 3 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 4

DATED: May 9, 2023.

7 Aisi A Klasndinge Hon. Alicia G. Rosenberg 9 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28