Eric Kelly v. Unum Life Insurance Company of America

• Court: District Court, C.D. California
• Decided: March 24, 2022
• Docket: 8:21-cv-00291
• Status: Unknown

Opinion

Case 8'21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page1lof16 Page ID#:175 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 12 | ERIC KELLY, Case No. 8:21-cv-00291-DOC-JDE 13 Plaintiff, STIPULATED PROTECTIVE ORDER 14 |] v. 15 | UNUM LIFE INSURANCE 16 | DOES T'ihrough 10, inclusive, 17 Defendants. 18 19 Based on the Parties’ Stipulation (Dkt. 25), and for good cause shown 90 || therein, the Court finds and orders as follows. 21 22 || 1. PURPOSES AND LIMITATIONS 23 Discovery in this action is likely to involve production of confidential, 24 || proprietary or private information for which special protection from public 25 || disclosure and from use for any purpose other than pursuing this litigation may be 26 || warranted. Accordingly, the parties hereby stipulate to and petition the Court to 27 || enter the following Stipulated Protective Order. The parties acknowledge that this 28 || Order does not confer blanket protections on all disclosures or responses to -1- SMPULATED PROTECTIVE ORDER

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1 || discovery and that the protection it affords from public disclosure and use extends 2 || only to the limited information or items that are entitled to confidential treatment 3 || under the applicable legal principles. 4 || 2. GOOD CAUSE STATEMENT 5 This action involves proprietary information for which special protection 6 || from public disclosure and from use for any purpose other than prosecution of this 7 || action is warranted. Such confidential and proprietary materials and information 8 || consist of, among other things, private health or personal information protected 9 || from disclosure under the Health Insurance Portability and Accountability Act of 10 || 1996 (“HIPAA”), 42 U.S.C. § 1330, et seg., California Health & Safety Code 11 || § 1280.15, the California Confidentiality of Medical Information Act, Cal. Civ. 12 || Code § 56, et seg., Welfare & Institutions Code § 5000, et seg.; business or 13 || financial information; information regarding confidential business practices, or 14 || other confidential research, development, or commercial information (including 15 || information implicating privacy rights of third parties); and information otherwise 16 || generally unavailable to the public, or which may be privileged or otherwise 17 || protected from disclosure under state or federal statutes, court rules, case decisions, 18 || or common law. Accordingly, to expedite the flow of information, to facilitate the 19 || prompt resolution of disputes over confidentiality of discovery materials, to 20 || adequately protect information the parties are entitled to keep confidential, to 21 || ensure that the parties are permitted reasonable necessary uses of such material in 22 || preparation for and in the conduct of trial, to address their handling at the end of the 23 || litigation, and serve the ends of justice, a protective order for such information is 24 || justified in this matter. It is the intent of the parties that information will not be 25 || designated as confidential for tactical reasons and that nothing be so designated 26 || without a good faith belief that it has been maintained in a confidential, non-public 27 || manner, and there is good cause why it should not be part of the public record of 28 || this case. -2- STNPULATIED PROTECTIVE ORDER

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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- § || dispositive motions, good cause must be shown to support a filing under seal. See 9 || Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), 10 || Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar- 11 || Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (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., 605 F.3d 665, 677-79 (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. 28 STNPULATIED PROTECTIVE ORDER

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l Any document that 1s not confidential, privileged, or otherwise protectable in 2 || its entirety will not be filed under seal if the confidential portions can be redacted. 3 || If documents can be redacted, then a redacted version for public viewing, omitting 4 || only the confidential, privileged, or otherwise protectable portions of the document, 5 || shall be filed. Any application that seeks to file documents under seal in their 6 || entirety should include an explanation of why redaction is not feasible. 7 || 4. DEFINITIONS 8 4.1 Action: Eric Kelly v. Unum Life Insurance Company of America, and 9 | DOES I through 10, inclusive, U.S. District Court for the Central District of 10 || California, Case No. 8:21-cv-00291-DOC-JDE. 11 4.2 Challenging Party: a Party or Non-Party that challenges the 12 || designation of information or items under this Order. 13 4.3. “CONFIDENTIAL” Information or Items: information (regardless of 14 || how it is generated, stored or maintained) or tangible things that qualify for 15 || protection under Federal Rule of Civil Procedure 26(c), including but not limited to, 16 || information the Producing Party believes in good faith to be protected under 17 || relevant provisions of applicable law regarding confidential business, competitive 18 || or privacy information, trade secret information, non-public financial or business 19 || information, or private health or personal information protected from disclosure 20 || under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), 21 || 42 U.S.C. § 1330, et seg., California Health & Safety Code § 1280.15, the 22 || California Confidentiality of Medical Information Act, Cal. Civ. Code § 56, et seq. 23 || or Welfare & Institutions Code § 5000, et seg., which the Producing Party is 24 || prohibited from revealing or would not normally reveal to third parties except in 25 || confidence, or has undertaken with others to maintain its confidence, and as 26 || specified above in the Good Cause Statement. 27 4.4 Counsel: outside Counsel of Record and House Counsel (as well as 28 || their support staff). “4- STNPULATIED PROTECTIVE ORDER

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l 4.5 Designating Party: a Party or Non-Party that designates information or 2 || items that it produces in disclosures or in responses to discovery as 3 || “CONFIDENTIAL.” 4 4.6 Disclosure or Discovery Material: All items or information, regardless 5 || of the medium or manner in which it is generated, stored, or maintained (including, 6 || among other things, testimony, transcripts, and tangible things), that are produced 7 || or generated in connection with mediation or informal resolution discussions, in 8 || disclosures or responses to discovery in this matter. 9 4.7 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 11 || an expert witness or as a consultant in this Action. 12 4.8 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 4.9 Non-Party: any natural person, partnership, corporation, association, or 16 || other legal entity not named as a Party to this action. 17 4.10 Outside Counsel of Record: attorneys who are not employees of a 18 || party to this Action but are retained to represent or advise a party to this Action and 19 || have appeared in this Action on behalf of that party or are affiliated with a law firm 20 || which has appeared on behalf of that party, and includes support staff. 21 4.11 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 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 25 || Discovery Material in this Action. 26 4.13 Professional Vendors: persons or entities that provide litigation 27 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or 28 STNPULATIED PROTECTIVE ORDER

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1 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 2 || and their employees and subcontractors. 3 4.14 Protected Material: any Disclosure or Discovery Material that is 4 || designated as “CONFIDENTIAL.” 5 4.15 Receiving Party: a Party that receives Disclosure or Discovery 6 || Material from a Producing Party. 7 | 5. SCOPE 8 The protections conferred by this Stipulation and Order cover not only 9 || Protected Material (as defined above), but also (1) any information copied or 10 || extracted from Protected Material; (2) all copies, excerpts, summaries, or 11 || compilations of Protected Material; and (3) any testimony, conversations, or 12 || presentations by Parties or their Counsel that might reveal Protected Material. 13 Any use of Protected Material at trial shall be governed by the orders of the 14 || trial judge and other applicable authorities. This Order does not govern the use of 15 || Protected Material at trial. 16 || 6. DURATION 17 Even after final disposition of this litigation, the confidentiality obligations 18 || imposed by this Order shall remain in effect until a Designating Party agrees 19 || otherwise in writing or a court order otherwise directs. Final disposition shall be 20 || deemed to be the later of (1) dismissal of all claims and defenses in this Action, 21 || with or without prejudice; and (2) final judgment herein after the completion and 22 || exhaustion of all appeals, re-hearings, remands, trials, or reviews of this Action, 23 || including the time limits for filing any motions or applications for extension of time 24 || pursuant to applicable law. 25 || 7. DESIGNATING PROTECTED MATERIAL 26 7.1 Exercise of Restraint and Care in Designating Material for Protection. 27 Each Party or Non-Party that designates information or items for protection 28 || under this Order must take care to limit any such designation to specific material -6- STNPULATIED PROTECTIVE ORDER

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1 || that qualifies under the appropriate standards. The Designating Party must 2 || designate for protection only those parts of material, documents, items or oral or 3 || written communications that qualify so that other portions of the material, 4 || documents, items or communications for which protection is not warranted are not 5 || swept unjustifiably within the ambit of this Order. 6 Mass, indiscriminate or routinized designations are prohibited. Designations 7 || that are shown to be clearly unjustified or that have been made for an improper 8 || purpose (e.g., to unnecessarily encumber the case development process or to 9 || impose unnecessary expenses and burdens on other parties) may expose the 10 || Designating Party to sanctions. 11 If it comes to a Designating Party’s attention that information or items that it 12 || designated for protection do not qualify for protection, that Designating Party must 13 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 14 7.2 | Manner and Timing of Designations. Except as otherwise provided in 15 || this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 16 || that qualifies for protection under this Order must be clearly so designated before 17 || the material is disclosed or produced. 18 Designation in conformity with this Order requires: 19 (a) for information in documentary form (e.g., paper or electronic 20 || documents, but excluding transcripts of depositions or other pretrial or trial 21 || proceedings), that the Producing Party affix at a minimum, the legend 22 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 23 || contains protected material. If only a portion of the material on a page qualifies for 24 || protection, the Producing Party also must clearly identify the protected portion(s) 25 || (e.g., by making appropriate markings in the margins). 26 A Party or Non-Party that makes original documents available for inspection 27 || need not designate them for protection until after the inspecting Party has indicated 28 || which documents it would like copied and produced. During the inspection and -7- STNPULATIED PROTECTIVE ORDER

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1 || before the designation, all of the material made available for inspection shall be 2 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the 3 || documents it wants copied and produced, the Producing Party must determine 4 || which documents, or portions thereof, qualify for protection under this Order. Then, 5 || before producing the specified documents, the Producing Party must affix the 6 || “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 7 || portion of the material on a page qualifies for protection, the Producing Party also 8 || must clearly identify the protected portion(s) (e.g., by making appropriate markings 9 || in the margins). 10 (b) any party may, within thirty (30) days after receiving a 11 || deposition transcript, designate portions of the transcript, or exhibits to it, as being 12 || “Confidential.” Confidential deposition testimony or exhibits may be designated by 13 || stamping the exhibits “Confidential,” or by underlining the portions of the pages 14 || that are confidential and stamping such pages “Confidential.” Until expiration of 15 || the 30-day period, the entire deposition transcript, and all exhibits to it, will be 16 || treated as confidential under the provisions of this Order. If no party timely 17 || designates testimony or exhibits from a deposition as being “Confidential,” none of 18 || the deposition testimony or exhibits will be treated as confidential. If a timely 19 || “confidential” designation is made, the confidential portions and exhibits shall be 20 || sealed separately from the remaining portions of the deposition, subject to the right 21 || of any party to challenge such designation under paragraph 6 below. 22 (c) for information produced in some form other than documentary 23 || and for any other tangible items, that the Producing Party affix in a prominent place 24 || on the exterior of the container or containers in which the information is stored the 25 || legend “CONFIDENTIAL.” If only a portion or portions of the information 26 || warrants protection, the Producing Party, to the extent practicable, shall identify the 27 || protected portion(s). 28 -8- STNPULATIED PROTECTIVE ORDER

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l 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 || failure to designate qualified information or items does not, standing alone, waive 3 || the Designating Party’s right to secure protection under this Order for such 4 || material. Upon timely correction of a designation, the Receiving Party must make 5 || reasonable efforts to assure that the material is treated in accordance with the 6 || provisions of this Order. 7 || 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 8 8.1 Timing of Challenges. Any Party or Non-Party may challenge a 9 || designation of confidentiality at any time that is consistent with the Court’s 10 || Scheduling Order. 11 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 12 || resolution process under Local Rule 37-1 ef seq. 13 8.3. Joint Stipulation. Any challenge submitted to the Court shall be via a 14 || joint stipulation pursuant to Local Rule 37-2. 15 8.4 The burden of persuasion in any such challenge proceeding shall be on 16 || the Designating Party. Frivolous challenges, and those made for an improper 17 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 18 || parties) may expose the Challenging Party to sanctions. Unless the Designating 19 || Party has waived or withdrawn the confidentiality designation, all parties shall 20 || continue to afford the material in question the level of protection to which it is 21 || entitled under the Producing Party’s designation until the Court rules on the 22 || challenge. 23 || 9. ACCESS TO AND USE OF PROTECTED MATERIAL 24 9.1 Basic Principles. A Receiving Party may use Protected Material that is 25 || disclosed or produced by another Party or by a Non-Party in connection with this 26 || Action only for prosecuting, defending or attempting to settle this Action. Such 27 || Protected Material may be disclosed only to the categories of persons and under the 28 || conditions described in this Order. When the Action has been terminated, a -9- STNPULATIED PROTECTIVE ORDER

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1 || Receiving Party must comply with the provisions of section 15 below (FINAL 2 || DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a 4 || location and in a secure manner that ensures that access 1s limited to the persons 5 || authorized under this Order. 6 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 7 || otherwise ordered by the court or permitted in writing by the Designating Party, a 8 || Receiving Party may disclose any information or item designated 9 || “CONFIDENTIAL” only to: 10 (a) the Receiving Party’s Outside Counsel of Record in this Action, 11 || as well as employees of said Outside Counsel of Record to whom it is reasonably 12 || necessary to disclose the information for this Action; 13 (b) the officers, directors, and employees (including House 14 || Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 15 || Action; 16 (c) Experts (as defined in this Order) of the Receiving Party to 17 || whom disclosure is reasonably necessary for this Action and who have signed the 18 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (d) the court and its personnel; 20 (e) court reporters and their staff; 21 (f) professional jury or trial consultants, mock jurors, and 22 || Professional Vendors to whom disclosure is reasonably necessary for this Action 23 || and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 24 || A); 25 (g) the author or recipient of a document containing the information 26 || or a custodian or other person who otherwise possessed or knew the information; 27 (h) during their depositions, witnesses, and attorneys for witnesses, 28 || in the Action to whom disclosure is reasonably necessary provided: (1) the -10- STNPULATIED PROTECTIVE ORDER

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1 || deposing party requests that the witness sign the form attached as Exhibit A hereto; 2 || and (2) they will not be permitted to keep any confidential information unless they 3 || sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 4 || otherwise agreed by the Designating Party or ordered by the court. Pages of 5 || transcribed deposition testimony or exhibits to depositions that reveal Protected 6 || Material may be separately bound by the court reporter and may not be disclosed to 7 || anyone except as permitted under this Stipulated Protective Order; and 8 (1) any mediators or settlement officers and their supporting 9 || personnel, mutually agreed upon by any of the parties engaged in settlement 10 || discussions. 11 | 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 12 IN OTHER LITIGATION 13 If a Party is served with a subpoena or a court order issued in other litigation 14 || that compels disclosure of any information or items designated in this Action as 15 || “CONFIDENTIAL,” that Party must: 16 (a) promptly notify in writing the Designating Party. Such notification 17 || shall include a copy of the subpoena or court order; 18 (b) promptly notify in writing the party who caused the subpoena or order 19 || to issue in the other litigation that some or all of the material covered by the 20 || subpoena or order 1s subject to this Protective Order. Such notification shall include 21 || acopy of this Stipulated Protective Order; and 22 (c) cooperate with respect to all reasonable procedures sought to be 23 || pursued by the Designating Party whose Protected Material may be affected. If the 24 || Designating Party timely seeks a protective order, the Party served with the 25 || subpoena or court order shall not produce any information designated in this action 26 || as “CONFIDENTIAL” before a determination by the court from which the 27 || subpoena or order issued, unless the Party has obtained the Designating Party’s 28 || permission. The Designating Party shall bear the burden and expense of seeking -- STNPULATIED PROTECTIVE ORDER

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1 || protection in that court of its confidential material and nothing in these provisions 2 || should be construed as authorizing or encouraging a Receiving Party in this Action 3 || to disobey a lawful directive from another court. 4] 11. ANON-PARTY’S PROTECTED MATERIAL OUGHT TO BE 5 PRODUCED IN THIS LITIGATION 6 (a) The terms of this Order are applicable to information produced by a 7 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 8 || produced by Non-Parties in connection with this litigation is protected by the 9 || remedies and relief provided by this Order. Nothing in these provisions should be 10 || construed as prohibiting a Non-Party from seeking additional protections. 11 (b) Inthe event that a Party is required, by a valid discovery request, to 12 || produce a Non-Party’s confidential information in its possession, and the Party is 13 || subject to an agreement with the Non-Party not to produce the Non-Party’s 14 || confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the Non- 16 || Party that some or all of the information requested is subject to a confidentiality 17 || agreement with a Non-Party; 18 (2) promptly provide the Non-Party with a copy of the Stipulated 19 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 20 || specific description of the information requested; and 21 (3) make the information requested available for inspection by the 22 || Non-Party, if requested. 23 (c) Ifthe Non-Party fails to seek a protective order from this court within 24 || 14 days of receiving the notice and accompanying information, the Receiving Party 25 || may produce the Non-Party’s confidential information responsive to the discovery 26 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall 27 || not produce any information in its possession or control that is subject to the 28 || confidentiality agreement with the Non-Party before a determination by the court. “12- STNPULATIED PROTECTIVE ORDER

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1 || Absent a court order to the contrary, the Non-Party shall bear the burden and 2 || expense of seeking protection in this court of its Protected Material. 3 || 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 || Protected Material to any person or in any circumstance not authorized under this 6 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in 7 || writing the Designating Party of the unauthorized disclosures, (b) use its best 8 || efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 9 || person or persons to whom unauthorized disclosures were made of all the terms of 10 || this Order, and (d) request such person or persons to execute the “Acknowledgment 11 || an Agreement to Be Bound” attached hereto as Exhibit A. 12 | 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain 15 || inadvertently produced material is subject to a claim of privilege or other 16 || protection, the obligations of the Receiving Parties are those set forth in Federal 17 || Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 18 || whatever procedure may be established in an e-discovery order that provides for 19 || production without prior privilege review. Pursuant to Federal Rule of Evidence 20 || 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 21 || of a communication or information covered by the attorney-client privilege or work 22 || product protection, the parties may incorporate their agreement in the stipulated 23 || protective order submitted to the court. 24 || 14. MISCELLANEOUS 25 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 26 || person to seek its modification by the Court in the future. 27 14.2 Right to Assert Other Objections. By stipulating to the entry of this 28 || Protective Order, no Party waives any right it otherwise would have to object to -13- STNPULATIED PROTECTIVE ORDER

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1 || disclosing or producing any information or item on any ground not addressed in 2 || this Stipulated Protective Order. Similarly, no Party waives any right to object on 3 || any ground to use in evidence of any of the material covered by this Protective 4 | Order. 5 14.3 Filing Protected Material. A Party that seeks to file under seal any 6 Protected Material must comply with Local Civil Rule 79-5. Protected 7 || Material may only be filed under seal pursuant to a court order authorizing the 8 || sealing of the specific Protected Material. If a Party’s request to file Protected 9 || Material under seal is denied by the court, then the Receiving Party may file the 10 || information in the public record unless otherwise instructed by the court. 11 | 15. FINAL DISPOSITION 12 After the final disposition of this Action, as defined in paragraph 6, within 60 13 || days of a written request by the Designating Party, each Receiving Party must 14 || return all Protected Material to the Producing Party or destroy such material. As 15 || used in this subdivision, “all Protected Material” includes all copies, abstracts, 16 || compilations, summaries, and any other format reproducing or capturing any of the 17 || Protected Material. Whether the Protected Material is returned or destroyed, the 18 || Receiving Party must submit a written certification to the Producing Party (and, if 19 || not the same person or entity, to the Designating Party) by the 60-day deadline that 20 || (1) identifies (by category, where appropriate) all the Protected Material that was 21 || returned or destroyed and (2) affirms that the Receiving Party has not retained any 22 || copies, abstracts, compilations, summaries or any other format reproducing or 23 || capturing any of the Protected Material. Notwithstanding this provision, Counsel 24 || are entitled to retain an archival copy of all pleadings, motion papers, trial, 25 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition 26 || and trial exhibits, expert reports, attorney work product, and consultant and expert 27 || work product, even if such materials contain Protected Material. Any such archival 28 -14- STNPULATIED PROTECTIVE ORDER

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1 || copies that contain or constitute Protected Material remain subject to this Protective 2 || Order as set forth in Section 6 (DURATION). 4 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. ° DATED: March 24, 2022 6 , ie dL oh 8 ed States Magistrate J 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -15- STNPULATIED PROTECTIVE ORDER

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], of 4 [print or type full address], declare under penalty 5 || 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 Central District of 7 || California on March 24, 2022, in the case of Eric Kelly v. Unum Life Insurance 8 || Company of America; and DOES I through 10, inclusive; Case No. 8:21-cv-00291- 9 | DOC-JDE. I agree to comply with and to be bound by all the terms of this 10 || Stipulated Protective Order and I understand and acknowledge that failure to so 11 || comply could expose me to sanctions and punishment in the nature of contempt. I 12 || solemnly promise that I will not disclose in any manner any information or item 13 || 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 16 || for the Central District of California for the purpose of enforcing the terms of this 17 || Stipulated Protective Order, even if such enforcement proceedings occur after 18 || termination of this action. 19 I hereby appoint [print or type full name] 20 || of [print or type full address and telephone 21 || number] as my California agent for service of process in connection with this action 22 || or any proceedings related to enforcement of this Stipulated Protective Order. 23 || Date: 24 || City and State where sworn and signed: 25 || Printed name: 26 || Signature: 27 28 -16- STNPULATIED PROTECTIVE ORDER