1 Vaughn A.Crawford,Esq. NevadaBarNo. 7665 2 DawnL. Davis, Esq. NevadaBarNo. 13329 3 SNELL & WILMER L.L.P. 3883 Howard Hughes Parkway, Suite 1100 4 Las Vegas, Nevada 89169 Telephone:(702) 784-5200 5 Facsimile: (702)784-5252 Email: [email protected] 6 [email protected] 7 Attorneys for Defendant Ford Motor Company 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 MARIA BRIDENBAUGH, Case No.: 2:24-cv-00188-GMN-BNW 11 INDIVIDUALLY;and JOHN BRIDENBAUGH, Individually, 12 Plaintiffs STIPULATED AMENDED PROTECTIVE 13 ORDER v. 14 15 FORD MOTOR COMPANY, a Delaware Corporation, DOES 1 Through 20; and ROE 16 BUSINESS ENTITIES1 Through 20 17 Defendant 18 In order to preserve and maintain the confidentiality of certain confidential, commercial 19 and/or proprietary documents and information produced or to be produced by FORD MOTOR 20 COMPANY (“Ford”) or by any party or non-party in this action (as applicable, “Ford” or any 21 producing party or producing non-party in this action shall be referred to herein as “Producing 22 Party”),it is ordered that: 23 1. DocumentsorinformationtobeproducedorprovidedbyFordoranypartyornon-party 24 in this litigation that contain confidential, commercially sensitive, private personal information 25 and/or proprietary information may be designated as confidential by marking or placing the 26 applicable notice “Subject to Non-Sharing Protective Order,” “Subject to Protective Order,” or 27 “Confidential,” or substantially similar language on media containing the documents, on the 28 document itself, or on a copy of the document, in such a way that it does not obscure the text or 1 other content of thedocument. 2 2. As used in this Order, the terms “documents” or “information” mean all written 3 material,electronicdata,videotapesandallothertangibleitems,producedinwhateverformat(e.g., 4 hard copy, electronic, digital, etc.) and on whatever media (e.g., hard copy, videotape, computer 5 diskette,CD-ROM,DVD, by secure electronic transmission, hard drive or otherwise). 6 3. Documents or information designated as “Subject to Non-Sharing Protective Order,” 7 “Subject to Protective Order,” or “Confidential” or substantially similar language in accordance 8 with the provisions of this Order (“Protected Documents” or “Protected Information”) shall only 9 be used, shown or disclosed as provided in this Order. However, nothing in this Order shall limit 10 a party’s or non-party’s use or disclosure of his or her own information designated as a Protected 11 Document orProtected Information. 12 4. If a receiving party disagrees with the “Protected” designation of any document or 13 information or seeks to use any “Protected” document or information in open court, the party will 14 notifytheProducingPartyinawrittenletterandidentifythechallengeddocument(s)ordocuments 15 proposed to be disclosed with specificity, including Bates-number(s) where available, and the 16 specific grounds for the objection to the designation and/or alleged need to disclose the document 17 or information in open court. If the parties and any applicable non-party are unable to resolve the 18 issue of confidentiality regarding the subject document(s) or information, the challenging party 19 and/orparty desiringthedisclosurewill thereaftertimelyapplytotheCourtto setahearingforthe 20 purpose of establishing that the challenged document(s) or information is/are not confidential. 21 Further,in the eventthe ProducingPartyisanon-party,thechallengingpartyand/orpartyseeking 22 disclosureshallprovidesuchProducingPartynotice,anopportunitytorespondwithinareasonable 23 time,andanopportunitytobeheardinanyCourtproceedingdeterminingtheconfidentialityofthe 24 subject “Protected” information. Protected Documents and Protected Information willcontinue to 25 be treated assuch pending determination by the Court as to the confidential status. 26 5. Protected Documents and any copies thereof shall be maintained confidential by the 27 persons authorized to receive the documents pursuant to paragraph 6 and shall be used only for 28 prosecuting, defending, or attempting to settle this litigation, subject to the limitations set forth 1 herein. 2 6. ProtectedDocumentsshallbedisclosedonlyto“QualifiedPersons.” QualifiedPersons 3 arelimited to: 4 a. Counsel of Record for the parties, the parties, and, if and to the extent 5 applicable and specifically authorized in advance in writing by counsel for 6 the Producing Party of the Protected Documents, non-parties and their 7 counsel; 8 b. Paralegals and staff employed by Counsel of Record and involved in the 9 preparation and trial ofthis action; 10 c. A vendorhired by aparty to host dataand maintain a database of electronic 11 dataorperformotherworkrelatedtothecollection,revieworproductionof 12 documents in the case; 13 d. Experts and non-attorney consultants retained by the parties for the 14 preparation and/or trial of this case, provided that no disclosure shall be 15 madeto any expertor consultant who is employed by a competitorof Ford; 16 e. The Court, the Court’s staff, witnesses, and the jury in this case;and 17 f. With respect only to documents produced and originating from Ford and 18 designated as “Sharing” or “Subject to Protective Order,” attorneys 19 representing Plaintiff(s) and the experts and non-attorney consultants 20 retained by such attorneys, in other cases pending against Ford involving a 21 2003-2011LincolnTownCar(FN145)vehiclewithclaimsthatthefrontseat 22 heaterassembliesaredefective,providednodisclosureshallbemadetoany 23 expert or consultant who is employed by a competitorofFord. 24 7. Thereceivingpartymustmakereasonableeffortstoensuretheindividualsdescribedin 25 paragraphs 6(b), 6(c),6(d)and 6(f)above are Qualified Persons. 26 8. Before receiving access to any Protected Document or the information contained 27 therein,eachpersondescribedinparagraphs6(b),6(c),6(d)and6(f)aboveshallexecutea“Written 28 Assurance” in the form contained in Exhibit A, attached hereto. The receiving party shall retain 1 each such executed WrittenAssurance and shall keep a list identifying (a) allpersons describedin 2 paragraphs6(b),6(c),6(d)and6(f) aboveto whom ProtectedDocuments havebeendisclosed,and 3 (b)allProtectedDocumentsdisclosedtosuchpersons. EachsuchexecutedWrittenAssuranceand 4 list shall be (i) submitted to counsel for Ford at the termination of this litigation or upon Order of 5 the Court requiring production, whichever comes first, and (ii) as applicable with respect to 6 ProtectedDocumentsproducedororiginatingfromnon-parties,submittedtocounselforsuchnon- 7 parties at the termination of this litigation or upon Order of the Court requiring production, 8 whichever comes first. However, for consulting experts who were not designated as testifying 9 experts, the receiving party may redact the name, address, and signature of the consultant before 10 disclosing the executed Exhibit A and document list for that person. To the extent the “Qualified 11 Persons” described in paragraphs 6(d) and 6(f) above include privileged non-testifying expert 12 consultants, the receiving party shall retain each such executed Exhibit A and shall keep a list 13 identifying (a) all such non-testifying expert consultants described in paragraphs 6(d) and 6(f) 14 above to whom Protected Documents have been disclosed, and (b) all Protected Documents 15 disclosed to such persons. In the event that the Producing Party seeks to compel theproduction of 16 each unredacted and executed Exhibit A for good cause, the receiving party shall submit each 17 unredactedandexecutedExhibitAandlisttotheCourtforincamerainspection. Personsdescribed 18 in paragraph 6(b)shallbecovered under thesignatureof Counsel of Record. 19 9. As the Protected Documents may only be distributed to Qualified Persons, Qualified 20 Persons may not post Protected Documents on any website or internet accessible document 21 repository, excepting a vendor hosted review platform for the sole purpose of reviewing the 22 informationforthesubjectcaseandnotforanyotherpurpose,andshallnotunderanycircumstance 23 sell, offer for sale, advertise, or publicize either the Protected Documents and the Confidential 24 information contained therein or the fact that such persons have obtained the Producing Party’s 25 Protected Documents and confidential information. 26 10. To the extent that Protected Documents or information obtained therefrom are used in 27 the taking of depositions (including exhibits) or other pretrial testimony and/or used as exhibits at 28 trial,suchdocumentsorinformationshallremainsubjecttotheprovisionsofthisOrder,alongwith 1 the transcript pages of the deposition testimony and/or trial testimony dealing with, referring to or 2 referencing the Protected Documents or information. Designation of the portion of the transcript 3 (including exhibits) which contains references to Protected Documents or information shall be 4 made (i) by a statement to such effect on the record during the proceeding in which the testimony 5 isreceived,or(ii)bywrittennoticeservedoncounselofrecordinthisLitigationwithinthirty(30) 6 businessdaysafterthereceiptofthedraftor finaltranscript (whicheveris received earlier)ofsuch 7 proceeding (as used herein, the term “draft transcript” does not include an ASCII or rough 8 transcript). However, before such thirty (30) day period expires, all testimony, exhibits and 9 transcripts of depositions or other testimony shall be treated as Protected Documents. Except as 10 set forth below, all portions of transcripts not designated as Confidential within the time frame 11 provided herein shall be deemed not confidential. Notwithstanding the foregoing, any Protected 12 Documents or Confidential information of any non-party Producing Party referenced or disclosed 13 during any deposition, and the portions of any deposition transcript referencing or disclosing the 14 contents ofany such ProtectedDocuments or Confidentialinformation,shall remain designated as 15 Confidential and be treated accordingly during and after the expiration ofthe foregoing thirty (30) 16 day period unless and until counsel for such non-party Producing Party receives a copy of such 17 transcript and thereafter authorizes the removal of such designation by written notice served on 18 counsel of record in this Litigation. The party asking the questions that elicited or referred to the 19 Protected Documents or Confidential information of any non-party Producing Party shall be 20 charged with the duty of ensuring compliancewith the preceding sentence. 21 11. If any party disagrees with the designation of all or part of a deposition transcript 22 designated as “Protected” pursuant to Paragraph 10 above, such party must notify the designating 23 party or non-party in a written letter and identify the testimony (by line and page designation) and 24 the specific grounds for the objection to the designation. Further, where the disputed designation 25 is made by a non-party, the party disputing such designation must also provide such designating 26 non-party with a pertinent portion ofthedeposition transcript containing the testimony atissue. If 27 thepartiesandanyapplicablenon-partyareunabletoresolvetheissueofconfidentialityregarding 28 thechallengeddepositiontestimony,thechallengingpartywillthereaftertimelyapplytotheCourt 1 to set a hearing for the purpose of establishing that the challenged deposition testimony is not 2 confidential. Further,intheeventthedisputeddesignationismadebyanon-party,thechallenging 3 partyand/orpartyseekingdisclosureshallprovidesuchnon-partynotice,anopportunitytorespond 4 within a reasonable time, and an opportunity to be heard in any Court proceeding determining the 5 designation of the subject deposition transcript or portion thereof. The designated deposition 6 testimonyatissue,andanyrelatedexhibits,willcontinuetobetreatedasaProtectedDocument,in 7 accord with its respective designation, pending determination by the Court as to the confidential 8 status. 9 12. All documents that are filed with the Court that contain any portion of any Protected 10 DocumentorinformationtakenfromanyProtectedDocumentshallbefiledundersealbyfollowing 11 the protocols for sealed filings in this Court. The parties agree that there is good cause and there 12 exist compelling reasons to seal the requested information. However, if a party believes that 13 documents designated as Protected Documents cannot or should not be sealed, pursuant to the 14 protocols and rules in this Court, then the party wishing to file the materials shall particularly 15 identify the documents orinformation thatit wishesto file to the Producing Party,in writing. The 16 parties and any applicable non-parties will then meet and confer, in a good faith effort to resolve 17 the dispute. Failing agreement, the party wishing to file the materials must request a ruling from 18 the Court on whether the Protected Documents in question must be submitted under seal. The 19 ProducingPartyshallhavetheburdenofjustifyingthatthematerialsmustbesubmittedunderseal. 20 Further, in the event the Protected Documents were designated by or originated from a non-party, 21 the party opposing sealing shall provide such non-party notice, an opportunity to respond within a 22 reasonable time, and an opportunity to be heard in any Court proceeding determining whether to 23 seal the subject materials. Absent written permission from the Producing Party or a court Order 24 denying a motion to seal, a receiving party may not file in the public record any Protected 25 Documents. 26 13. To the extent the Producing Party is requested to produce documents it has determined 27 should not be subject to the sharing provision of this protective order in paragraph 6(f), the 28 ProducingPartywilldesignatesuchdocumentsas“Non-Sharing.” Documentsdesignatedas“Non- 1 Sharing” shall not be shared under paragraph 6(f). If a receiving party disagrees with the “Non- 2 Sharing” designation, the party will follow theprocedureset forth in paragraph 4 above. 3 14. WithrespecttoProtectedDocumentsdesignatedas“Non-Sharing,”withinonehundred 4 and twenty (120) days after the conclusion of this case, counsel for the parties who received 5 Protected Documents, including any documents that any such party disclosed to any person 6 describedinparagraph6(b)or(c)above,shalleither(a)returntotheProducingPartytheProtected 7 Documents; or (b) securely destroy the Protected Documents and certify such destruction to Ford 8 (ortheProducing Party) within onehundred and fifty (150)days afterthe conclusion ofthis case. 9 15. With respect to party documents designated as “Sharing” or “Subject to Protective 10 Order,” Counsel for the parties shall not be required to return the Protected Documents to the 11 Producing Party after the conclusion of this case and may retain the documents pursuant to the 12 terms of this Order. With respect to documents produced by or originating from a non-party, 13 including documents designated as “Sharing” or “Subject to Protective Order,” such documents 14 shall be returnedorsecurely destroyedin accordancewith the provisions of Paragraph 14 above. 15 16. Submission to regulatoryagency or governmentalentity: 16 a. ThisprotectiveordershallnotbeconstruedtoprohibittheProducingParty’s 17 disclosureorproductionofsafety-relatedinformationtoaregulatoryagency 18 or governmental entity with an interest in the safety-related information. 19 Materialsubjecttothisprotectiveordermayonlybedisclosedtoaregulatory 20 agency or governmental entity with an interest in the safety-related 21 information by the Producing Party, and such disclosure shall be made 22 pursuant to 49 CFR 512 orsimilar applicable rules. 23 b. If other parties to this protective order have a reasonable belief that certain 24 documentsaresafety-relatedandneedtobedisclosedtoaregulatoryagency 25 orgovernmentalentity,theyarenot prohibited fromadvisingthe regulatory 26 agency or governmental entity that they believe such documents were 27 produced in this case, however, any disclosure of such documents shall 28 adhere to the proceduredescribed in Paragraph 16(a). 1 17. Inadvertent or unintentional production of documents or information containing 2 confidential information that should have been designated as Protected Document(s) shall not be 3 deemed a waiverin whole orin part of any party’s or non-party’s claims of confidentiality. 4 18. The parties and any non-party Producing Parties may disclose and produce responsive 5 documentstoeachotherinthislitigation,andseektodosowithoutriskingwaiverofanyattorney- 6 client privilege, work product or other applicable privilege or protection. As such, the parties and 7 any non-party Producing Parties will adhere to the following procedures with regard to the 8 production ofprivileged or protected material,should that occur: 9 a. The production of documents (including both paper documents and 10 electronically stored information or “ESI”) subject to protection by the 11 attorney-client and/or work product doctrine or by another legal privilege 12 protecting information from discovery, shall not constitute a waiver of any 13 privilege orotherprotection, provided thatthe Producing Party notifies the 14 receivingparty,inwriting,oftheproductionafter itsdiscoveryofthesame. 15 b. If the Producing Party notifies the receiving party after discovery that 16 privileged materials (hereinafter referred to as the “Identified Materials”) 17 have been produced, the Identified Materials and all copies of those 18 materialsshallbereturnedtotheProducingPartyordestroyedordeleted,on 19 requestoftheProducingParty. TheProducingPartywillprovideaprivilege 20 log providing information upon request or if required by the Federal Rules 21 of CivilProcedureand applicable case law to the receiving party atthe time 22 the Producing Party provides the receiving party notice of the Identified 23 Materials. If the receiving party has any notes or other work product 24 reflecting the contents of the Identified Materials, the receiving party will 25 sequesterthosematerialsandretainonlyredactedversionsthatdonotreflect 26 information from or any portion of the clawed back Identified Materials 27 unless a court, after the Producing Party receives notice, an opportunity to 28 respond within a reasonable time, and an opportunity to be heard, later 1 designatesthe Identified Materials asnot privileged or protected. 2 c. TheIdentifiedMaterialsshallbedeletedfromanysystemsusedtohousethe 3 documents, including document review databases, e-rooms and any other 4 locationthatstoresthedocuments. Thereceivingparty maymakenouseof 5 the IdentifiedMaterialsduringanyaspectofthis matteroranyothermatter, 6 including in depositions or at trial, unless the documents have been 7 designated by a court as not privileged or protected after providing the 8 Producing Party notice, an opportunity to respond within areasonable time, 9 and anopportunity to be heard. 10 d. ThecontentsoftheIdentifiedMaterialsshallnotbedisclosedtoanyonewho 11 was not already aware of the contents of them before the notice was made. 12 The receiving party must take reasonable steps to retrieve the Identified 13 Materials if the receiving party disclosed the Identified Materials before 14 being notified. 15 e. If any receiving party is in receipt of a document from a Producing Party 16 which the receiving party has reason to believe is privileged, the receiving 17 party shall in good faith take reasonable steps to promptly notify the 18 Producing Party of the production of that document so that the Producing 19 Partymaymakeadeterminationofwhetheritwishestohavethedocuments 20 returned ordestroyed pursuantto this Stipulation and Order. 21 f. ThepartyreturningtheIdentifiedMaterialsmaymovetheCourtforanorder 22 compelling production of some or all of the Identified Material returned or 23 destroyed after providing the Producing Party notice, an opportunity to 24 respond within a reasonable time, and an opportunity to be heard, but the 25 basis for such motion may not be based on the fact or circumstances of the 26 production. 27 g. The disclosure of Identified Materials in this action is not a waiver of the 28 attorney-client privilege, work product doctrine or any other asserted 1 privilege in any other federal or state proceeding, pursuant to the Federal 2 Rules ofCivil Procedure. 3 19. No provision of this stipulated order shall constitute a concession by any party or non- 4 partythatanydocumentsaresubjecttoprotectionbytheattorney-clientprivilege,theworkproduct 5 doctrine or any other potentially applicable privilege or doctrine. No provision of this stipulated 6 order is intended to waive or limit in any way either party’s right to contest any privilege claims 7 that may be asserted with respect to any of the documents produced except to the extent set forth 8 herein. 9 20. In the event that a party or any non-party inadvertently produces a confidential, 10 commerciallysensitive,orproprietarydocumentwithoutaconfidentialitydesignationaspermitted 11 by this Order, the following procedures shall apply: 12 a. TheProducing Party shall, within fourteen(14)days ofthediscovery of the 13 disclosure, notify the other party or parties in writing. The party or parties 14 receiving such notice shall promptly destroy the document, including any 15 copies it has, or return the document on request of the Producing Party. 16 Within ten (10) days after such document is returned or its destruction 17 certified, the Producing Party will produce a new version of any such 18 documentthatwasreturnedordestroyed,whichwillcontaintheappropriate 19 confidentiality designation. 20 b. Ifthereceivingparty disputethe ProducingParty’sclaimofconfidentiality, 21 that party may move the Court to challenge the confidential designation in 22 accordance with Paragraph 4 of this Order; provided, however, that the 23 Producing Party shall first receive notice, an opportunity to respond within 24 a reasonable time, and an opportunity to be heard. If the receiving party 25 elects to file sucha motion, the receiving party mayretain possession ofthe 26 document, but shall treat it in accordance with the terms of the Protective 27 Order pending resolution of the motion. If the receiving party's motion is 28 denied,thepartiesshallpromptlycomplywithParagraph20(a)ofthisOrder. 1 c. The production of such document does not constitute a waiverof any claim 2 of confidentiality as set forth in this order or any other matter in any other 3 jurisdiction,unlessotherwiseorderedbytheCourtaftertheProducingParty 4 receives notice, an opportunity to respond within a reasonable time, and an 5 opportunity to be heard. 6 21. ThisProtectiveOrdermaynotbewaived,modified,abandonedorterminated,inwhole 7 or part, except by an instrument in writing signed by the parties. Notwithstanding the foregoing, 8 the rights and protections of any non-party that provides information or documents in reliance on 9 or pursuant to this Protective Order may not be modified, limited, or terminated unless and until 10 such non-party receives notice, an opportunity to object within a reasonable time, and an 11 opportunity to be heard before the Court. If any provision of this Protective Order shall be held 12 invalid for any reason whatsoever,the remaining provisions shall not be affected thereby. 13 22. After termination of this litigation, the provisions of this Order shall continue to be 14 binding. This Court retains and shall have jurisdiction over the parties and recipients of the 15 Protected Documents for enforcement oftheprovisions ofthisOrderfollowing termination ofthis 16 litigation. Notwithstanding the foregoing, nothing in this Order, and no disclosure or production 17 or information, testimony, ordocuments in accordancewith this Order,shall be deemed to subject 18 any non-party to this Court’s personal jurisdiction where such personal jurisdiction is otherwise 19 lacking, and non-parties shall have the right to seek enforcement of any and all rights under this 20 OrderbyaDistrictCourtintheplaceof complianceascontemplatedbytheFederalRulesofCivil 21 Procedure. 22 / // 23 / // 24 / // 25 / // 26 / // 27 / // 28 / // 1 2 23. This Amended Protective Order shall be binding upon the parties hereto, upon their 3 || attorneys, and upon the parties’ and their attorneys’ successors, executors, personal representatives, 4 || administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, 5 || independent contractors, or other persons or organizations over which they have control. Approved 6 || by Counsel for all parties, by their signature below. 7 8 || DATED this 18th day of December, 2024. DATED this 18th day of December, 2024. 9 SNELL & WILMER L.L.P. BERTOLDO CARTER SMITH & CULLEN 10 ll /s/ Dawn Davis /s/ Cliff Marcek Vaughn A. Crawford, Esq. Brett A. Carter, Esq. 2 12 Nevada Bar No. 7665 Nevada Bar No. 5904 = Dawn L. Davis, Esq. Cliff W. Marcek, Esq. 7g 13 || Nevada Bar No. 13329 Nevada Bar No. 5061 3883 Howard Hughes Parkway, Suite 1100 7408 W. Sahara Avenue Las Vegas, Nevada 89169 Las Vegas, Nevada 89117

Bees 15 Attorneys for Defendant Ford Motor Attorneys for Plaintiffs 2-16 || Company

18 || DATED this 18th day of December, 2024. 19 | BUTZEL 20 1 /s/ David DeVine David DeVine, Esq. 22 || 201 W. Big Beaver, Suite 1200 Troy, MI 48084 23 Attorney for Kostal of America, Inc.

25 || All motions to seal must comply with Local Rule JA 10-5 and Kamakana vy. City & Cnty. of Honolulu,

(9th Cir. 2006). IT IS SO ORDERED.

27 UNITED ska MAGISTRATE JUDGE 28 DATED: December 19, 2024 -12-

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 MARIA BRIDENBAUGH, Case No.: 2:24-cv-00188-GMN-BNW INDIVIDUALLY;and JOHN 4 BRIDENBAUGH, Individually, 5 Plaintiffs EXHIBIT A TOSTIPULATED PROTECTIVE ORDER 6 v. 7 FORD MOTOR COMPANY, a Delaware 8 Corporation, DOES 1 Through 20; and ROE BUSINESS ENTITIES1 Through 20 9 Defendant 10 11 AFFIDAVIT OF _______________________________________, being duly sworn and 12 personallyappearingbeforetheundersignedattestingofficer,dulyauthorizedbylawtoadminister 13 oaths,deposesand says thatthewithin statements are true and correct: 14 1. 15 I have read the Stipulated Amended Sharing and Non-Sharing Protective Order attached 16 hereto, and Iunderstand its terms and meanings. 17 2. 18 Iagree that my signature below submits me to the jurisdiction of the United States District 19 Court, District of Nevada in the above captioned case and binds me to the provisions of the 20 Stipulated Amended Sharing and Non-Sharing Protective Order, including to all promises 21 undertaken in the Order, as if originally agreed by me. 22 Further Affiant sayeth not. 23 This ______ day of _______________________, 20___. 24 ____________________________________ 25 AFFIANT 26 27 28 1 SUBSCRIBED ANDSWORN to beforeme 2 this ___ dayof _________________, ____. 3 _____________________________________ 4 NOTARY PUBLIC Name:________________________________ 5 No.:__________________________________ My Commission Expires: ________________ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28