1 Amy M. Samberg, NV Bar No. 10212 [email protected] 2 FORAN GLENNON PALANDECH 3 PONZI & RUDLOFF PC 400 East Van Buren Street, Suite 550 4 Phoenix, AZ 85004 Telephone: 602-926-9880 5 Facsimile: 312-863-5099

6 Dylan P. Todd, NV Bar No. 10456 7 [email protected] Lee H. Gorlin, NV Bar No. 13879 8 [email protected] FORAN GLENNON PALANDECH 9 PONZI & RUDLOFF PC 10 2200 Paseo Verde Parkway, Suite 280 Henderson, NV 89052 11 Telephone: 702-827-1510 Facsimile: 312-863-5099 12 Attorneys for The Travelers Home and 13 M arine Insurance Company 14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA 16 17

LINDSAY BURCHBY, an individual, and CASE NO. 3:20-cv-00155-RCJ-CLB 18 CASEY BURCHBY, an individual 19 Plaintiffs, STIPULATED CONFIDENTIALITY 20 AGREEMENT AND PROTECTIVE v. ORDER 21 TRAVELERS HOME AND MARINE 22 INSURANCE COMPANY; DOES I -XXX; and ABC CORPORATIONS A-Z; inclusive, 23 Defendants. 24 25 The parties to this action, Plaintiffs Lindsay Burchby and Casey Burchby (“Plaintiffs”), and 26 Defendant The Travelers Home and Marine Insurance Company (“Travelers”), through their 27 respective counsel, hereby stipulate to entry of this mutual protective order regarding the use and 28 confidentiality of documents, testimony, information and material produced in this litigation. 1 To expedite the flow of discovery, facilitate the prompt resolution of disputes over 2 confidentiality, protect adequately material entitled to be kept confidential, and ensure that 3 protection is afforded only to material so entitled, it is, pursuant to the Court’s authority under 4 (RULE), and with the consent of the parties to this litigation, ORDERED: 5 1. Confidential Information. 6 The parties to this litigation may designate as “CONFIDENTIAL” any document, 7 testimony, information or material disclosed through formal or informal discovery or otherwise in 8 the course of this litigation as hereinafter set forth in Paragraphs a, b, and c. Such designation shall 9 subject the information produced or provided under said designation to the provisions of this 10 Confidentiality Agreement. All or any portion of any documents, transcripts, writings or recordings 11 of any sort which substantially quote or paraphrase information regarding the Confidential 12 documents, testimony, information or material shall also be deemed Confidential and subject to the 13 terms and condition of this Protective Order. The parties shall act in good faith and on a reasonable 14 basis when designating material “CONFIDENTIAL.” 15 (a) Any writing produced by any party or person in this litigation may be 16 designated as “CONFIDENTIAL” by any of the parties to this litigation by stamping 17 the word “CONFIDENTIAL” on the face of the writing. Alternatively, a party may 18 designate any writing as “CONFIDENTIAL” by identifying such document(s) by 19 bates number and designating it/them as “CONFIDENTIAL” in a cover letter 20 addressed to the opposing party(s)’ counsel and accompanying the production of 21 such document(s). 22 (b) Any party to this litigation may designate deposition testimony or any 23 portion of deposition testimony as “CONFIDENTIAL” by advising the reporter and 24 counsel of such designation during the course of the deposition or at any time 25 thereafter. Portions of any deposition designated “CONFIDENTIAL” are to be filed 26 with the Court under seal, bearing substantially the following designation” “Portions 27 of this deposition were taken subject to a Confidentiality Agreement. These portions 28 shall remain sealed until further agreement of the parties.” Whenever any writing 1 designated as “CONFIDENTIAL” is identified as an exhibit in connection with 2 testimony given in this case, it shall be so marked and separately filed under seal 3 with the Court. 4 (c) Any party to this litigation may designate specific responses to information 5 requests, including request for production responses and interrogatory answers, 6 confidential by labeling the specific response “CONFIDENTIAL.” 7 2. Filing Under Seal. 8 Unless otherwise permitted by statute, rule or prior Court order, papers filed with the Court 9 under seal shall be accompanied by a contemporaneous motion for leave to file those documents 10 under seal, and shall be filed consistent with the Court’s electronic filing procedures in accordance 11 with Local Rule IA 10-5. Notwithstanding any agreement among the parties, the party seeking to 12 file a paper under seal bears the applicable burden as set forth in Kamakana v. City and County of 13 Honolulu,

(9th Cir. 2006); See also, Center for Auto Safety v. Chrysler Group, LLC, 14

(9th Cir. 2016). 15 3. Access to Confidential Information. 16 Except upon prior written consent of the party asserting “CONFIDENTIAL” treatment or 17 upon further order of a court of a competent jurisdiction, documents, testimony, information or 18 material designed as “CONFIDENTIAL” shall be held in strict confidence and shall be used solely 19 for the purposes of prosecution or defense of this litigation. Access to “CONFIDENTAL” 20 documents, testimony, information or material shall be limited to: 21 (a) the Court, including any Court personnel assisting the Court, stenographers 22 or other persons involved in taking or transcribing court or deposition 23 testimony in this action, and members of the jury; 24 (b) Plaintiffs, Defendants and their counsel of record and paralegal, clerical and 25 secretarial employees of counsel of record; 26 (c) the officers, directors or employees of a party participating in the 27 prosecution, defense, settlement or other disposition of this action; 28 (d) mediators, consultants, experts or litigation support services, including 1 outside copying services, retained by a party for the purpose of assisting that 2 party in this action provided such persons agree in writing to abide and be 3 bound by the terms of this Order in the form attached hereto as Exhibit A; 4 (e) potential witnesses provide such persons agree in writing to abide and be 5 bound by the terms of this Order in the form attached hereto as Exhibit A; 6 (f) any person who is an author, addressee, or recipient of, or who previously 7 had access to, the Confidential Information; 8 (g) deposition witnesses who agree in writing to abide by and be bound by the 9 terms of this Order in the form attached hereto as Exhibit A; 10 (h) any other person as to whom the party that designated the document or 11 information as Confidential has consented to disclosure in advance; and 12 (i) any other person designated by the Court. 13 4. Inadvertent or Late Disclosure. 14 If any party inadvertently produces or initially discloses any Confidential Information 15 without marking it with the appropriate legend, that party may give notice to the receiving party 16 that the information should be treated in accordance with the terms of this Order, and shall forward 17 appropriately stamped copies of the items in question. Within five (5) days of the receipt of 18 substitute copies, and upon request, the receiving party shall return the previously unmarked items 19 and all copies thereof. The inadvertent disclosure shall not be deemed a waiver of confidentiality. 20 5. Copy and Storage of Confidential Information and Material. 21 No party shall, for itself or for any person or persons acting on its behalf, make more copies 22 of any “CONFIDENTIAL” information or material than are reasonably necessary to conduct this 23 litigation. Except as otherwise provided for in this Confidentiality Agreement, all 24 “CONFIDENTIAL” information and material shall remain in possession of counsel for the 25 respective parties or the parties themselves and be stored in a secure place. 26 6. Challenges to Confidential Designations. 27 If any party to this litigation objects to the designation of any document, testimony, 28 information or material as “CONFIDENTIAL,” the party may, by noticed motion, apply to the 1 Court for a ruling that the document, testimony, information or material shall not be so treated. The 2 burden shall remain with the party seeking confidentiality to justify such designation. Unless and 3 until the Court enters an order to the contrary, the documents, testimony, information or material 4 shall be given the “CONFIDENTIAL” treatment initially assigned to it and as provided for in this 5 Confidentiality Agreement. 6 7. Use of Confidential Information and Material. 7 Should any party hereto seek to utilize any “CONFIDENTIAL” document, testimony, 8 information or material at trial or a hearing in this matter, that party shall meet with counsel for the 9 other parties in an effort to agree upon a procedure to insure the confidentiality of such document, 10 testimony, information or material. In the event counsel are unable to reach agreement, the matter 11 will be submitted to the Court. 12 8. Procedures Upon Termination of Action. 13 Within thirty (30) business days following any final settlement or the running of any 14 applicable time to appeal the final order entered in this litigation, all parties shall either (i) return to 15 the person who produced such materials all copies of all Confidential information obtained through 16 discovery in this action or (ii) certify to that person that all such materials have been destroyed, 17 except that counsel for each party may retain in its files one copy of each pleading, brief or 18 document filed with the Court, and deposition and trial transcripts and exhibits thereto, and 19 correspondence, subject to the provisions of this Order. Copies of “CONFIDENTIAL” documents 20 that have been filed with the Court may be returned to the filing party by the Clerk of the Court, or 21 destroyed. 22 9. Efforts by Non-Parties to Obtain Confidential Information 23 If any Party has obtained Confidential Information under the terms of this Order and 24 receives a subpoena or other compulsory process commanding the production of such Confidential 25 Information, such Party shall promptly notify the producing party or non-party. The subpoenaed 26 party shall not produce any Confidential Information in response to the subpoena without the prior 27 written consent of the producing party or non-party unless in response to an order of a court of 28 competent jurisdiction. The parties will not object to the producing party or non-party having a 1 reasonable opportunity to appear in the litigation or process commanding disclosure of such 2 Confidential Information for the sole purpose of seeking to prevent or restrict disclosure thereof. 3 10. Effect of Order. 4 This Order shall not affect the right of any party or non-party to oppose production of 5 Discovery Materials on any ground permitted by the Federal Rules of Civil Procedure, including 6 any applicable privilege. Moreover, this Order shall not affect the scope of discovery by any party 7 that is not otherwise proper under the Federal Rules of Civil Procedure. 8 11. Application to Court. 9 This Order is without prejudice to the right of any interested party to apply to the court for 10 an order permitting the disclosure of any Confidential information or to apply for an order 11 modifying or limiting this Stipulation and Protective Order in any respect. 12 12. Effect of Dismissal 13 This Court will only retain jurisdiction of the effect of the order while the case is pending 14 and its jurisdiction will cease upon dismissal of this action.

15 Dated: August 21, 2020 Dated: August 21, 2020 16

17 LEVERTY & ASSOCIATES LAW, CHTD. FORAN GLENNON PALANDECH PONZI & RUDLOFF PC 18 By:_/s/ William Ginn______________ By __/s/ Dylan Todd_______________ 19 Patrick R. Leverty (NV Bar No. 8840) Amy M. Samberg (NV Bar No. 10212) William R. Ginn (NV Bar No. 6869) 400 East Van Buren Street, Suite 550 20 832 Willow Street Phoenix, AZ 85004 21 Reno, NV 89502 Dylan P. Todd (NV Bar No. 10456) 22 Nancy A. Gilbert (NV Bar No. 6891) Lee H. Gorlin (NV Bar No. 13879) Law Offices of Nancy A. Gilbert 2200 Paseo Verde Parkway, Suite 280 23 832 Willow Street Henderson, NV 89052 Reno, NV 89502 24 Attorneys for Defendant The Travelers Home 25 and Marine Insurance Company Attorneys for Plaintiffs Lindsay Burchby 26 and Casey Burchby

27 28 1 2 3 CASE NUMBER: 3:20-cv-00155-RCJ-CLB 4 5 6 7 ORDER 8 9 IT IS SO ORDERED: 10 DATED this _24th_ day of August, 2020. 11 » 12 13 A 0 14 15 16 : 17 18 19 20 21 22 23 24 25 26 27 28

1 2 CERTIFICATE OF SERVICE 3 I certify that a copy of the foregoing STIPULATED CONFIDENTIALITY 4 | AGREEMENT AND PROTECTIVE ORDER was served by the method indicated: 5 q BY FAX: by transmitting via facsimile the document(s) listed above to the fax 6 number(s) set forth below on this date before 5:00 p.m. pursuant to EDCR Rule 7.26(a). A printed transmission record is attached to the file copy of this document(s). 7 oO BY U.S. MAIL: by placing the document(s) listed above in a sealed envelope with 8 postage thereon fully prepaid, in the United States mail at Las Vegas, Nevada addressed as set forth below. 9 BY ELECTRONIC SERVICE: submitted to the above-entitled Court for electronic 10 service upon the Court’s Registered Service List for the above-referenced case. oO BY EMAIL: by emailing a PDF of the document listed above to the email addresses of the individual(s) listed below. 12 13 8 14

Dated: August 21, 2020 17 /s/ Rita Tuttle 18 An Employee of Foran Glennon 19 20 21 22 23 24 25 26 27 28

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3 EXHIBIT A 4 CONSENT TO PROTECTIVE ORDER 5 1. I, ________________________________, have read the foregoing Stipulated 6 Protective Order dated June ____, 2020 (the “Protective Order”), and agree to be bound by its terms 7 with respect to any documents, material or information designated or marked “Confidential” that 8 are furnished to me as set forth in the Protective Order. 9 2. I further agree (i) not to disclose to anyone any documents, material or information 10 marked “Confidential” other than as set forth in the Protective order; and (ii) not to make any copies 11 of any documents, materials or information marked “Confidential” furnished to me except for use 12 in accordance with the Protective Order; and (iii) not to use any documents or information produced 13 or provided to me in connection with this litigation for any purposes other than those prosecuting 14 and/or defending this action as set forth in paragraph 8 of the Protective Order. 15 3. I hereby consent to the jurisdiction of the United State District Court, District of 16 Nevada, with regard to any proceedings to enforce the terms of the Protective Order. 17

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20 ________________________________ 21 Signature Date

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