1 2 3 4 5 6 7 10 ASSOCIATED INDUSTRIES CASE NO: 5:25-cv-02405 MCS (AGRx) INSURANCE COMPANY, INC. 11 [PROPOSED] STIPULATED Plaintiff, PROTECTIVE ORDER 12 v. 13 MT. HAWLEY INSURANCE 14 COMPANY; JAMES RIVER Assigned to Dept: 7C INSURANCE COMPANY; Judge: Hon. Mark C. Scarsi COMPANY; AND DOES 1 – 10, 16 inclusive. 17 Defendants. 18 19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, 21 proprietary, or private information for which special protection from public disclosure 22 and from use for any purpose other than prosecuting this litigation may be warranted. 23 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 24 Stipulated Protective Order. The parties acknowledge that this Order does not confer 25 blanket protections on all disclosures or responses to discovery and that the protection 26 it affords from public disclosure and use extends only to the limited information or items 27 that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 1 Protective Order does not entitle them to file confidential information under seal; Civil 2 Local Rule 79-5 sets forth the procedures that must be followed and the standards that 3 will be applied when a party seeks permission from the court to file material under seal. 5 This action involves whether and to what extent any defendant also has a duty to 6 defend or indemnify Plaintiff’s named insured, Orr Builders, Inc. (“Orr”), in an ongoing 7 underlying Breach of Contract/Construction Defect arbitration (“Underlying Action”) 8 either as a named insured or as an additional insured on liability policies issued to 9 subcontractors. As a result, discovery will likely include status reports, liability 10 analyses, and unredacted defense billing, which contain privileged attorney-client 11 communications and/or attorney work product as to third-parties. Further, Plaintiff 12 represents that the construction defect portion of the Underlying Action is close to 13 resolving but Orr and the underlying property owner must still resolve certain breach of 14 contract and failure to pay claims. Therefore, Plaintiff believes this action necessarily 15 involves and includes confidential communications about the ongoing defense of Orr in 16 the Underlying Action among and between the underlying plaintiff, Orr, Orr’s 17 subcontractors, Orr and the subcontractors’ defense counsel, insurance defense counsel, 18 and insurance coverage counsel for the parties involving, but not limited to, analysis 19 and discussion of the claims against Orr in the Underlying Action regarding merits of 20 the claims, defenses, damages, potential liability of Orr and its subcontractors, and 21 grounds for coverage under insurance policies issued to Orr and under policies in which 22 Orr qualifies as an additional insured that are privileged or protected as to other parties. 23 (See, Lectrolarm Custom Sys. v. Pelco Sales, Inc., 212 F.R.D. 567, 572 (E.D. Cal. 24 2002)). It would be highly and unduly prejudicial to Orr if, for example, the cross- 25 complaint property owner in the Underlying Action was able to discover and obtain 26 these confidential and privileged communications. 27 Additionally, the action may also involve proprietary information in regard to claims handling, and/or adjusting of claims for which special protection from public 1 disclosure and from use for any purpose other than prosecution of this action is 2 warranted. Such confidential and proprietary materials and information may consist of, 3 among other things, confidential or proprietary business or financial information, 4 confidential information regarding business practices, market research, business 5 development, or commercial information (including information implicating privacy 6 rights of third parties), information otherwise generally unavailable to the public, or 7 which may be privileged or otherwise protected from disclosure under insurance 8 regulations, state or federal statutes, court rules, case decisions, or common law. 9 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 10 disputes over confidentiality of discovery materials, to adequately protect information 11 the parties are entitled to keep confidential, to ensure that the parties are permitted 12 reasonable necessary uses of such material in preparation for and in the conduct of trial, 13 to address their handling at the end of the litigation, and serve the ends of justice, a 14 protective order for such information is justified in this matter. It is the intent of the 15 parties that information will not be designated as confidential for tactical reasons and 16 that nothing be so designated without a good faith belief that it has been maintained in 17 a confidential, non-public manner, and there is good cause why it should not be part of 18 the public record of this case. 19 2. DEFINITIONS 20 2.1 Action: this pending federal lawsuit. 21 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 22 information or items under this Order. 23 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 24 it is generated, stored or maintained) or tangible things that qualify for protection under 25 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 26 Statement. 27 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 1 support staff). 2 2.5 Designating Party: a Party or Non-Party that designates information or 3 items that it produces in disclosures or in responses to discovery as 4 “CONFIDENTIAL.” 5 2.6 Disclosure or Discovery Material: all items or information, regardless of 6 the medium or manner in which it is generated, stored, or maintained (including, among 7 other things, testimony, transcripts, and tangible things), that are produced or generated 8 in disclosures or responses to discovery in this matter. 9 2.7 Expert: a person with specialized knowledge or experience in a matter 10 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 11 expert witness or as a consultant in this Action. 12 2.8 House Counsel: attorneys who are employees of a party to this Action. 13 House Counsel does not include Outside Counsel of Record or any other outside 14 counsel. 15 2.9 Non-Party: any natural person, partnership, corporation, association, or 16 other legal entity not named as a Party to this action. 17 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 18 this Action but are retained to represent or advise a party to this Action and have 19 appeared in this Action on behalf of that party or are affiliated with a law firm which 20 has appeared on behalf of that party, and includes support staff. 21 2.11 Party: any party to this Action, including all of its officers, directors, 22 employees, consultants, retained experts, and Outside Counsel of Record (and their 23 support staffs). 24 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 25 Discovery Material in this Action. 26 2.13 Professional Vendors: persons or entities that provide litigation support 27 services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and 1 their employees and subcontractors. 2 2.14 Protected Material: any Disclosure or Discovery Material that is 3 designated as “CONFIDENTIAL.” 4 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 5 from a Producing Party. 6 3.
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1 2 3 4 5 6 7 10 ASSOCIATED INDUSTRIES CASE NO: 5:25-cv-02405 MCS (AGRx) INSURANCE COMPANY, INC. 11 [PROPOSED] STIPULATED Plaintiff, PROTECTIVE ORDER 12 v. 13 MT. HAWLEY INSURANCE 14 COMPANY; JAMES RIVER Assigned to Dept: 7C INSURANCE COMPANY; Judge: Hon. Mark C. Scarsi COMPANY; AND DOES 1 – 10, 16 inclusive. 17 Defendants. 18 19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, 21 proprietary, or private information for which special protection from public disclosure 22 and from use for any purpose other than prosecuting this litigation may be warranted. 23 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 24 Stipulated Protective Order. The parties acknowledge that this Order does not confer 25 blanket protections on all disclosures or responses to discovery and that the protection 26 it affords from public disclosure and use extends only to the limited information or items 27 that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 1 Protective Order does not entitle them to file confidential information under seal; Civil 2 Local Rule 79-5 sets forth the procedures that must be followed and the standards that 3 will be applied when a party seeks permission from the court to file material under seal. 5 This action involves whether and to what extent any defendant also has a duty to 6 defend or indemnify Plaintiff’s named insured, Orr Builders, Inc. (“Orr”), in an ongoing 7 underlying Breach of Contract/Construction Defect arbitration (“Underlying Action”) 8 either as a named insured or as an additional insured on liability policies issued to 9 subcontractors. As a result, discovery will likely include status reports, liability 10 analyses, and unredacted defense billing, which contain privileged attorney-client 11 communications and/or attorney work product as to third-parties. Further, Plaintiff 12 represents that the construction defect portion of the Underlying Action is close to 13 resolving but Orr and the underlying property owner must still resolve certain breach of 14 contract and failure to pay claims. Therefore, Plaintiff believes this action necessarily 15 involves and includes confidential communications about the ongoing defense of Orr in 16 the Underlying Action among and between the underlying plaintiff, Orr, Orr’s 17 subcontractors, Orr and the subcontractors’ defense counsel, insurance defense counsel, 18 and insurance coverage counsel for the parties involving, but not limited to, analysis 19 and discussion of the claims against Orr in the Underlying Action regarding merits of 20 the claims, defenses, damages, potential liability of Orr and its subcontractors, and 21 grounds for coverage under insurance policies issued to Orr and under policies in which 22 Orr qualifies as an additional insured that are privileged or protected as to other parties. 23 (See, Lectrolarm Custom Sys. v. Pelco Sales, Inc., 212 F.R.D. 567, 572 (E.D. Cal. 24 2002)). It would be highly and unduly prejudicial to Orr if, for example, the cross- 25 complaint property owner in the Underlying Action was able to discover and obtain 26 these confidential and privileged communications. 27 Additionally, the action may also involve proprietary information in regard to claims handling, and/or adjusting of claims for which special protection from public 1 disclosure and from use for any purpose other than prosecution of this action is 2 warranted. Such confidential and proprietary materials and information may consist of, 3 among other things, confidential or proprietary business or financial information, 4 confidential information regarding business practices, market research, business 5 development, or commercial information (including information implicating privacy 6 rights of third parties), information otherwise generally unavailable to the public, or 7 which may be privileged or otherwise protected from disclosure under insurance 8 regulations, state or federal statutes, court rules, case decisions, or common law. 9 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 10 disputes over confidentiality of discovery materials, to adequately protect information 11 the parties are entitled to keep confidential, to ensure that the parties are permitted 12 reasonable necessary uses of such material in preparation for and in the conduct of trial, 13 to address their handling at the end of the litigation, and serve the ends of justice, a 14 protective order for such information is justified in this matter. It is the intent of the 15 parties that information will not be designated as confidential for tactical reasons and 16 that nothing be so designated without a good faith belief that it has been maintained in 17 a confidential, non-public manner, and there is good cause why it should not be part of 18 the public record of this case. 19 2. DEFINITIONS 20 2.1 Action: this pending federal lawsuit. 21 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 22 information or items under this Order. 23 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 24 it is generated, stored or maintained) or tangible things that qualify for protection under 25 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 26 Statement. 27 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 1 support staff). 2 2.5 Designating Party: a Party or Non-Party that designates information or 3 items that it produces in disclosures or in responses to discovery as 4 “CONFIDENTIAL.” 5 2.6 Disclosure or Discovery Material: all items or information, regardless of 6 the medium or manner in which it is generated, stored, or maintained (including, among 7 other things, testimony, transcripts, and tangible things), that are produced or generated 8 in disclosures or responses to discovery in this matter. 9 2.7 Expert: a person with specialized knowledge or experience in a matter 10 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 11 expert witness or as a consultant in this Action. 12 2.8 House Counsel: attorneys who are employees of a party to this Action. 13 House Counsel does not include Outside Counsel of Record or any other outside 14 counsel. 15 2.9 Non-Party: any natural person, partnership, corporation, association, or 16 other legal entity not named as a Party to this action. 17 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 18 this Action but are retained to represent or advise a party to this Action and have 19 appeared in this Action on behalf of that party or are affiliated with a law firm which 20 has appeared on behalf of that party, and includes support staff. 21 2.11 Party: any party to this Action, including all of its officers, directors, 22 employees, consultants, retained experts, and Outside Counsel of Record (and their 23 support staffs). 24 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 25 Discovery Material in this Action. 26 2.13 Professional Vendors: persons or entities that provide litigation support 27 services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and 1 their employees and subcontractors. 2 2.14 Protected Material: any Disclosure or Discovery Material that is 3 designated as “CONFIDENTIAL.” 4 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 5 from a Producing Party. 6 3. SCOPE 7 The protections conferred by this Stipulation and Order cover not only Protected 8 Material (as defined above), but also (1) any information copied or extracted from 9 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 10 Material; and (3) any testimony, conversations, or presentations by Parties or their 11 Counsel that might reveal Protected Material. 12 Any use of Protected Material at trial shall be governed by the orders of the trial 13 judge. This Order does not govern the use of Protected Material at trial. 14 4. DURATION 15 Even after final disposition of this litigation, the confidentiality obligations 16 imposed by this Order shall remain in effect until a Designating Party agrees otherwise 17 in writing or a court order otherwise directs. Final disposition shall be deemed to be the 18 later of (1) dismissal of all claims and defenses in this Action, with or without prejudice; 19 and (2) final judgment herein after the completion and exhaustion of all appeals, 20 rehearings, remands, trials, or reviews of this Action, including the time limits for filing 21 any motions or applications for extension of time pursuant to applicable law. 22 5. DESIGNATING PROTECTED MATERIAL 23 5.1 Exercise of Restraint and Care in Designating Material for Protection. 24 Each Party or Non-Party that designates information or items for protection under 25 this Order must take care to limit any such designation to specific material that qualifies 26 under the appropriate standards. The Designating Party must designate for protection 27 only those parts of material, documents, items, or oral or written communications that qualify so that other portions of the material, documents, items, or communications for 1 which protection is not warranted are not swept unjustifiably within the ambit of this 2 Order. 3 Mass, indiscriminate, or routinized designations are prohibited. Designations that 4 are shown to be clearly unjustified or that have been made for an improper purpose 5 (e.g., to unnecessarily encumber the case development process or to impose 6 unnecessary expenses and burdens on other parties) may expose the Designating Party 7 to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it 9 designated for protection do not qualify for protection, that Designating Party must 10 promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided in this 12 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 13 or ordered, Disclosure or Discovery Material that qualifies for protection under this 14 Order must be clearly so designated before the material is disclosed or produced. 15 Designation in conformity with this Order requires: 16 (a) For information in documentary form (e.g., paper or electronic documents, 17 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 18 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 19 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 20 portion or portions of the material on a page qualifies for protection, the Producing Party 21 also must clearly identify the protected portion(s) (e.g., by making appropriate markings 22 in the margins). 23 A Party or Non-Party that makes original documents available for inspection 24 need not designate them for protection until after the inspecting Party has indicated 25 which documents it would like copied and produced. During the inspection and before 26 the designation, all of the material made available for inspection shall be deemed 27 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions 1 thereof, qualify for protection under this Order. Then, before producing the specified 2 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 3 that contains Protected Material. If only a portion or portions of the material on a page 4 qualifies for protection, the Producing Party also must clearly identify the protected 5 portion(s) (e.g., by making appropriate markings in the margins). 6 (b) For testimony given in depositions that the Designating Party identify the 7 Disclosure or Discovery Material on the record, before the close of the deposition all 8 protected testimony. 9 (c) For information produced in some form other than documentary and for 10 any other tangible items, that the Producing Party affix in a prominent place on the 11 exterior of the container or containers in which the information is stored the legend 12 “CONFIDENTIAL.” If only a portion or portions of the information warrants 13 protection, the Producing Party, to the extent practicable, shall identify the protected 14 portion(s). 15 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 16 failure to designate qualified information or items does not, standing alone, waive the 17 Designating Party’s right to secure protection under this Order for such material. Upon 18 timely correction of a designation, the Receiving Party must make reasonable efforts to 19 assure that the material is treated in accordance with the provisions of this Order. 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 22 designation of confidentiality at any time that is consistent with the Court’s Scheduling 23 Order. 24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 25 resolution process under Local Rule 37.1 et seq. 26 6.3 The burden of persuasion in any such challenge proceeding shall be on the 27 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose the 1 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 2 the confidentiality designation, all parties shall continue to afford the material in 3 question the level of protection to which it is entitled under the Producing Party’s 4 designation until the Court rules on the challenge. 5 7. ACCESS TO AND USE OF PROTECTED MATERIAL 6 7.1 Basic Principles. A Receiving Party may use Protected Material that is 7 disclosed or produced by another Party or by a Non-Party in connection with this Action 8 only for prosecuting, defending, or attempting to settle this Action. Such Protected 9 Material may be disclosed only to the categories of persons and under the conditions 10 described in this Order. When the Action has been terminated, a Receiving Party must 11 comply with the provisions of section 13 below (FINAL DISPOSITION). 12 Protected Material must be stored and maintained by a Receiving Party at a 13 location and in a secure manner that ensures that access is limited to the persons 14 authorized under this Order. 15 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 16 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 17 may disclose any information or item designated “CONFIDENTIAL” only to: 18 (a) The Receiving Party’s Outside Counsel of Record in this Action, as well 19 as employees of said Outside Counsel of Record to whom it is reasonably necessary to 20 disclose the information for this Action; 21 (b) The officers, directors, and employees (including House Counsel) of the 22 Receiving Party to whom disclosure is reasonably necessary for this Action; 23 (c) Experts (as defined in this Order) of the Receiving Party to whom 24 disclosure is reasonably necessary for this Action and who have signed the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (d) The court and its personnel; 27 (e) Court reporters and their staff; (f) Professional jury or trial consultants, mock jurors, and Professional 1 Vendors to whom disclosure is reasonably necessary for this Action and who have 2 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (g) The author or recipient of a document containing the information or a 4 custodian or other person who otherwise possessed or knew the information; 5 (h) During their depositions, witnesses, and attorneys for witnesses, in the 6 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 7 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 8 not be permitted to keep any confidential information unless they sign the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 10 by the Designating Party or ordered by the court. Pages of transcribed deposition 11 testimony or exhibits to depositions that reveal Protected Material may be separately 12 bound by the court reporter and may not be disclosed to anyone except as permitted 13 under this Stipulated Protective Order; and 14 (i) Any mediator or settlement officer, and their supporting personnel, 15 mutually agreed upon by any of the parties engaged in settlement discussions. 16 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 18 If a Party is served with a subpoena or a court order issued in other litigation that 19 compels disclosure of any information or items designated in this Action as 20 “CONFIDENTIAL,” that Party must: 21 (a) Promptly notify in writing the Designating Party. Such notification shall 22 include a copy of the subpoena or court order; 23 (b) Promptly notify in writing the party who caused the subpoena or order to 24 issue in the other litigation that some or all of the material covered by the subpoena or 25 order is subject to this Protective Order. Such notification shall include a copy of this 26 Stipulated Protective Order; and 27 (c) Cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 1 If the Designating Party timely seeks a protective order, the Party served with the 2 subpoena or court order shall not produce any information designated in this action as 3 “CONFIDENTIAL” before a determination by the court from which the subpoena or 4 order issued, unless the Party has obtained the Designating Party’s permission. The 5 Designating Party shall bear the burden and expense of seeking protection in that court 6 of its confidential material and nothing in these provisions should be construed as 7 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 8 from another court. 9 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 11 (a) The terms of this Order are applicable to information produced by a Non- 12 Party in this Action and designated as “CONFIDENTIAL.” Such information produced 13 by Non-Parties in connection with this litigation is protected by the remedies and relief 14 provided by this Order. Nothing in these provisions should be construed as prohibiting 15 a Non-Party from seeking additional protections. 16 (b) In the event that a Party is required, by a valid discovery request, to 17 produce a Non-Party’s confidential information in its possession, and the Party is 18 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 19 information, then the Party shall: 20 (1) Promptly notify in writing the Requesting Party and the Non-Party 21 that some or all of the information requested is subject to a confidentiality agreement 22 with a Non-Party; 23 (2) Promptly provide the Non-Party with a copy of the Stipulated 24 Protective Order in this Action, the relevant discovery request(s), and a reasonably 25 specific description of the information requested; and 26 (3) Make the information requested available for inspection by the Non- 27 Party, if requested. (c) If the Non-Party fails to seek a protective order from this court within 14 1 days of receiving the notice and accompanying information, the Receiving Party may 2 produce the Non-Party’s confidential information responsive to the discovery request. 3 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 4 any information in its possession or control that is subject to the confidentiality 5 agreement with the Non-Party before a determination by the court. Absent a court order 6 to the contrary, the Non-Party shall bear the burden and expense of seeking protection 7 in this court of its Protected Material. 8 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 10 Protected Material to any person or in any circumstance not authorized under this 11 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 12 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 13 all unauthorized copies of the Protected Material, (c) inform the person or persons to 14 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 15 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 16 that is attached hereto as Exhibit A. 17 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 19 When a Producing Party gives notice to Receiving Parties that certain 20 inadvertently produced material is subject to a claim of privilege or other protection, 21 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 22 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 23 may be established in an e-discovery order that provides for production without prior 24 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 25 parties reach an agreement on the effect of disclosure of a communication or 26 information covered by the attorney-client privilege or work product protection, the 27 parties may incorporate their agreement in the stipulated protective order submitted to the court. 1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 3 person to seek its modification by the Court in the future. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in this 7 Stipulated Protective Order. Similarly, no Party waives any right to object on any 8 ground to use in evidence of any of the material covered by this Protective Order. 9 12.3 Filing Protected Material. A Party that seeks to file under seal any 10 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 11 only be filed under seal pursuant to a court order authorizing the sealing of the specific 12 Protected Material at issue. If a Party's request to file Protected Material under seal is 13 denied by the court, then the Receiving Party may file the information in the public 14 record unless otherwise instructed by the court. 15 13. FINAL DISPOSITION 16 After the final disposition of this Action, as defined in paragraph 4, within 60 17 days of a written request by the Designating Party, each Receiving Party must return all 18 Protected Material to the Producing Party or destroy such material. As used in this 19 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 20 summaries, and any other format reproducing or capturing any of the Protected 21 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 22 must submit a written certification to the Producing Party (and, if not the same person 23 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 24 category, where appropriate) all the Protected Material that was returned or destroyed 25 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 26 compilations, summaries or any other format reproducing or capturing any of the 27 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 1 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 2 work product, and consultant and expert work product, even if such materials contain 3 Protected Material. Any such archival copies that contain or constitute Protected 4 Material remain subject to this Protective Order as set forth in Section 4 (DURATION). 5 14. VIOLATION 6 Any violation of this Order may be punished by any and all appropriate measures 7 including, without limitation, contempt proceedings and/or monetary sanctions. 9 10 Dated: February 5, 2026 HIRSCH CLOSSON, APLC 11 12 By: /s/ Robert V. Closson Robert V. Closson 13 Jodi E. Lambert 14 Attorneys for Plaintiff ASSOCIATED INDUSTRIES 15 INSURANCE COMPANY, INC. 16 Dated: February 5, 2026 PROUGH LAW, APC 17 18 By: /s/ Michael D. Prough 19 Michael D. Prough 20 Attorneys for Defendant MT. HAWLEY INSURANCE 21 COMPANY 22 Dated February 5, 2026 SELMAN LEICHENGER EDSON HSU 23 NEWMAN & MOORE LLP 24 25 By: /s/ Gregory J. Newman 26 Gregory J. Newman Attorneys for Defendant 27 JAMES RIVER INSURANCE 1}) Dated: February 5, 2026 POLLAK VIDA & BARER 2 3 By: /s/ Scott J. Vida 4 Scott J. Vida Attorneys for Defendant 5 KINSALE INSURANCE COMPANY 6 7 g|| FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
10| | Dated: February 5, 2026 HON. ALICIA G. ROSENBERG 1 United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14
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 6 Stipulated Protective Order that was issued by the United States District Court for the 7 Central District of California on [date] in the case of Associated Industries Insurance 8 Company, Inc. v. Mt. Hawley Insurance Company et al, USDC Central Dist. Case 9 Number 5:25-cv-02405 MCS (AGRx). I agree to comply with and to be bound by all 10 the terms of this Stipulated Protective Order and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any information or 13 item that is subject to this Stipulated Protective Order to any person or entity except in 14 strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the Central District of California for the purpose of enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of this 18 action. I hereby appoint_________________________________ [print or type full 19 name] of ___________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with this 21 action or any proceedings related to enforcement of this Stipulated Protective Order. 22 Date: ________________________________ 23 City and State where sworn and signed: _________________________________ 24 Printed name: ______________________________________ 25 26 Signature: _________________________________________ 27