1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 PHARILYN CHHANG, Case No. 1:23-cv-01335-SAB 11 Plaintiff, ORDER RE STIPULATION TO MODIFIY 12 PROTECTIVE ORDER v. 13 (ECF No. 108) WEST COAST USA PROPOERTIES LLC, et 14 al., 15 Defendants.

16 17 On February 9, 2024, the Court issued an Order Entering Stipulated Protective Order. (ECF No. 18 34.) Defendant DiBuduo & DeFendis Insurance Brokers, LLC (“D&D”) was not named as a defendant 19 in this matter until the Court granted Plaintiff’s motion to file a second amended complaint on 20 September 11, 2024. (ECF No. 64.) On October 3, 2025, the parties stipulated to modify the protective 21 order to include D&D as a bound party. (ECF No. 108.) For good cause shown, the modification is 22 approved. 23 MODIFIED PROTECTIVE ORDER 24 1. Nothing in this Order modifies the requirements of and duty to comply with LR 141 25 governing the sealing of documents. 26 2. As used in this Order, the term “CONFIDENTIAL” means and covers any material that 27 contains nonpublic information regarding financial, medical, or personal identifying information, as 28 defined under Fed. R. Civ. P. 5.2(a). Materials designated “CONFIDENTIAL” shall not be redacted 1 unless filed, see LR 140; instead, those materials will be handled in accordance with this Order. 2 3. Nothing within this Order is intended to prejudice the right of any party to object to the 3 production of any discovery material on grounds other than the confidential nature of the responsive 4 discovery. 5 4. The producing party MUST clearly stamp each page of each document designated as 6 confidential with the legend, “CONFIDENTIAL.” If ESI cannot be so stamped, then each folder and 7 subfolder containing the confidential ESI must be clearly labeled “CONFIDENTIAL.” No party will be 8 responsible to another party for disclosure of confidential material unless the material is clearly stamped 9 or labeled as “CONFIDENTIAL.” 10 5. If original records are made available for inspection, then the inspecting party must 11 identify those records that will be copied to the producing party and the producing party will have seven 12 days to designate records as “CONFIDENTIAL.” 13 6. If “CONFIDENTIAL” material is disclosed in a deposition, then each side will have 14 14 days after receipt of the transcript to designate pages and lines as “CONFIDENTIAL.” The designation 15 party must provide all counsel with deposition pages stamped CONFIDENTIAL and a cover sheet. 16 Pages designated as CONFIDENTIAL will be removed from the transcript and appended at the end of 17 the transcript with a separator sheet, labeled Confidential Testimony. 18 7. Materials designated “CONFIDENTIAL” may be viewed only by counsel and their staff, 19 court personnel, the author or recipient of the material, and by the following additional individuals, but 20 only if each such individuals execute the “Acknowledgment and Agreement to Be Bound,” attached 21 hereto as Exhibit A, before they may view or retain any “CONFIDENTIAL” material: 22 a. Experts and consults retained by counsel for purposes of this action; 23 b. Outside technical, stenographic, and clerical staff engaged by counsel for purposes of this 24 action; 25 c. The parties; and, 26 d. Witnesses in connection with the preparation of their testimony. 27 8. Absent a genuine need for retention, the parties and witnesses who may view material 28 stamped “CONFIDENTIAL” shall not be permitted to retain a copy of confidential material. 1 9. “CONFIDENTIAL” materials may be used solely for purposes of litigation of this action 2 and no others. 3 10. Within eight weeks of the final closure of this action, each person receiving 4 “CONFIDENTIAL” material will either: 5 a. destroy those materials and any copies thereof and notify the producing party their 6 destruction; or, 7 b. return the “CONFIDENTIAL” materials and any copies thereof to the producing party. 8 Nothing in this section bars counsel from retaining a copy of their word product even if that work 9 product contains “CONFIDENTIAL” material. 10 11. At any stage of these proceedings, any party may object to a designation of the materials 11 as “CONFIDENTIAL.” The party objecting to confidentiality must notify, in writing via email, counsel 12 for the designating party of the objected-to designation and the grounds for the objection. Within seven 13 days of transmission of that objection, the designating counsel will notify the objecting counsel in 14 writing: 15 a. That the “CONFIDENTIAL” designation is withdrawn and a new set of material without 16 that designation will be produced with 14 days of the objection’s transmission; or, 17 b. That the “CONFIDENTIAL” designation is not withdrawn; and, 18 c. That the parties hereby stipulate that any objection to a “CONFIDENTIAL” designation 19 may be submitted to the Court for resolution on an expedited or ex parte basis. 20 12. Nothing in this Order shall restrict the presentation of evidence at trial. If any party 21 wants the Court modify the process for the admission of evidence at trial that has been designated as 22 “CONFIDENTIAL,” then that party must present that request to the trial court as part of the proposed 23 pretrial order and obtain a ruling from the trial court at the pretrial conference. 24 13. Nothing within this Order will be construed to prevent disclosure of confidential 25 information if such disclosure is required by law or by order of the Court. 26 14. If there is any disclosure of CONFIDENTIAL material other than as permitted by this 27 Protective Order, the Parties shall have the option of filing a motion with the Court for any and all 28 available remedies, including monetary and/or evidentiary sanctions or contempt orders. 1 15. This Order may be modified by agreement of the parties, subject to approval by the 2 Court. The Court may modify the terms and conditions of this Order for good cause, or in the interest of 3 justice, or on its own order at any time in these proceedings. 4 / / / 5 / / / 6 / / / 7 / / / 8 / / / 9 / / / 10 / / / 11 / / / 12 / / / 13 / / / 14 / / / 15 / / / 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _____________________________________________________________ [print or type full address], 5 declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective 6 Order that was issued by the United States District Court for the Eastern District of California on 7 [Date:___________] in the case of Cynthia Piombino v. City of Fresno, et. al.; 1:24-cv-00298-KES- 8 SAB. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I 9 understand and acknowledge that failure to so comply could expose me to sanctions and punishment in 10 the nature of contempt. I solemnly promise that I will not disclose in any manner any information or 11 item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance 12 with the provisions of this Stipulated Protective Order. I further agree to submit to the jurisdiction of the 13 United States District Court for the Eastern District of California for the purpose of enforcing the terms 14 of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this 15 Action. I hereby appoint ________________________________ [print or type full name] of 16 ___________________________________________ [print or type full address and telephone number] 17 as my California agent for service of process in connection with this Action or any proceedings related 18 to enforcement of this Stipulated Protective Order. 19 Date: ________________________________________________________ 20 City/State where sworn and signed: ________________________________ 21 Printed name: _________________________________________________ 22 Signature: ____________________________________________________

23 24 25 26 27 28 1 COURT ORDER ENTERING MODIFIED STIPULATED PROTECTIVE ORDER 2 Pursuant to the stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED 3 || that: 4 1. The above stipulated modified protective order is ENTERED; 5 2. The provisions of the parties’ stipulation and this protective order shall remain in effect 6 until further order of the Court; 7 3. The parties are advised that pursuant to the Local Rules of the United States District 8 Court, Eastern District of California, any documents which are to be filed under seal will 9 require a written request which complies with Local Rule 141; 10 4. The party making a request to file documents under seal shall be required to show either 11 good cause or compelling reasons to seal the documents, depending on the type of filing, 12 Pintos v. Pac. Creditors Ass’n,

(9th Cir. 2009); Ctr. for Auto Safety 13 v. Chrysler Grp., LLC,

(9th Cir. 2016); 14 5. If a party’s request to file Protected Material under seal is denied by the Court, then the 15 previously filed material shall be immediately accepted by the Court and become 16 information in the public record and the information will be deemed filed as of the date 17 that the request to file the Protected Information under seal was made; and 18 6. Additionally, the parties shall consider resolving any dispute arising under the protective 19 order according to the Court’s informal discovery dispute procedure. 20 IT IS SO ORDERED. OF nf Se 22 || Dated: _October 8, 2025 _ □□ STANLEY A. BOONE 23 United States Magistrate Judge 24 25 26 27 28