Henkels and McCoy, Inc. v. United Specialty Insurance Company

• Court: District Court, C.D. California
• Decided: September 29, 2022
• Docket: 2:21-cv-07210
• Status: Unknown

Opinion

Case 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page 1 of 16 Page ID #:1071

1 RAMIRO MORALES, # 167947 rmorales@mfrlegal.com 2 ELIZABETH B. CELNIKER, #211652 ecelniker@mfrlegal.com 3 MORALES FIERRO & REEVES 2151 Salvio Street, Suite 280 4 Concord, CA 94520 Telephone: (925) 288-1776 5 Facsimile: (925) 288-1856

6 Attorneys for Plaintiffs HENKELS & MCCOY, INC. and ZURICH 7 AMERICAN INSURANCE COMPANY

8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

11 HENKELS & MCCOY, INC. and ) CASE NO.: 2:21-cv-07210 RSWL 12 ZURICH AMERICAN INSURANCE ) (RAOx) COMPANY, ) 13 ) STIPULATED PROTECTIVE Plaintiffs, ) ORDER1 14 ) v. ) 15 ) UNITED SPECIALTY INSURANCE ) 16 COMPANY, ) ) 17 Defendants. ) ) 18 ) 19 20 1. A. PURPOSES AND LIMITATIONS 21 Discovery in this action is likely to involve production of confidential, 22 proprietary or private information for which special protection from public disclosure 23 and from use for any purpose other than prosecuting this litigation may be warranted. 24 Accordingly, the parties hereby stipulate to and petition the Court to enter the 25 following Stipulated Protective Order. The parties acknowledge that this Order does 26 not confer blanket protections on all disclosures or responses to discovery and that 27 28 1 This Stipulated Protectiv e Order is substantially based on the model protective order provided under Magistrate Judge Rozella A. Oliver’s Procedures. 17 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx) Case 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page 2 of 16 Page ID #:1072

1 the protection it affords from public disclosure and use extends only to the limited 2 information or items that are entitled to confidential treatment under the applicable 3 legal principles. 4 5 B. GOOD CAUSE STATEMENT 6 This action is likely to involve information reflective of attorney-client 7 privileged matter and/or attorney work product as reflected in attorney’s fees invoices 8 relating to an insured’s defense in an underlying lawsuit, in addition to trade secret or 9 commercial, financial, technical and/or proprietary information for which special 10 protection from public disclosure and from use for any purpose other than 11 prosecution of this action is warranted. Such confidential and proprietary materials 12 and information consist of, among other things, copies of attorney’s fee invoices from 13 an underlying lawsuit, confidential business or financial information, information 14 regarding confidential business practices, or other confidential research, 15 development, or commercial information (including information implicating privacy 16 rights of third parties), information otherwise generally unavailable to the public, or 17 which may be privileged or otherwise protected from disclosure under state or federal 18 statutes, court rules, case decisions, or common law. Accordingly, to expedite the 19 flow of information, to facilitate the prompt resolution of disputes over 20 confidentiality of discovery materials, to adequately protect information the parties 21 are entitled to keep confidential, to ensure that the parties are permitted reasonable 22 necessary uses of such material in preparation for and in the conduct of trial, to 23 address their handling at the end of the litigation, and serve the ends of justice, a 24 protective order for such information is justified in this matter. It is the intent of the 25 parties that information will not be designated as confidential for tactical reasons and 26 that nothing be so designated without a good faith belief that it has been maintained 27 in a confidential, non-public manner, and there is good cause why it should not be 28 part of the public record of this case. 18 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx) Case 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page 3 of 16 Page ID #:1073

1 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 2 The parties further acknowledge, as set forth in Section 12.3, 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 and 5 the standards that will be applied when a party seeks permission from the court to file 6 material under seal. 7 There is a strong presumption that the public has a right of access to judicial 8 proceedings and records in civil cases. In connection with non-dispositive motions, 9 good cause must be shown to support a filing under seal. See Kamakana v. City and 10 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors 11 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, 12 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 13 good cause showing), and a specific showing of good cause or compelling reasons 14 with proper evidentiary support and legal justification, must be made with respect to 15 Protected Material that a party seeks to file under seal. The parties’ mere designation 16 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 17 submission of competent evidence by declaration, establishing that the material 18 sought to be filed under seal qualifies as confidential, privileged, or otherwise 19 protectable—constitute good cause. 20 Further, if a party requests sealing related to a dispositive motion or trial, then 21 compelling reasons, not only good cause, for the sealing must be shown, and the 22 relief sought shall be narrowly tailored to serve the specific interest to be protected. 23 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each 24 item or type of information, document, or thing sought to be filed or introduced under 25 seal in connection with a dispositive motion or trial, the party seeking protection must 26 articulate compelling reasons, supported by specific facts and legal justification, for 27 the requested sealing order. Again, competent evidence supporting the application to 28 file documents under seal must be provided by declaration. 19 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx) Case 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page 4 of 16 Page ID #:1074

1 Any document that is not confidential, privileged, or otherwise protectable in 2 its entirety will not be filed under seal if the confidential portions can be redacted. If 3 documents can be redacted, then a redacted version for public viewing, omitting only 4 the confidential, privileged, or otherwise protectable portions of the document shall 5 be filed. Any application that seeks to file documents under seal in their entirety 6 should include an explanation of why redaction is not feasible. 7 8 2. DEFINITIONS 9 2.1 Action: Henkels & McCoy, Inc., et al. v. United Specialty Insurance 10 Company, Case No. 2:21-cv-07210 RSWL (RAOx) in the United States District 11 Court for the Central District of California. 12 2.2 Challenging Party: a Party or Non-Party that challenges the designation 13 of information or items under this Order. 14 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 15 how it is generated, stored or maintained) or tangible things that qualify for protection 16 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 17 Cause Statement. 18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 19 their support staff). 20 2.5 Designating Party: a Party or Non-Party that designates information or 21 items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL.” 23 2.6 Disclosure or Discovery Material: all items or information, regardless of 24 the medium or manner in which it is generated, stored, or maintained (including, 25 among other things, testimony, transcripts, and tangible things) that are produced or 26 generated in disclosures or responses to discovery in this matter. 27 / / / / / / 28 20 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx) Case 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page 5 of 16 Page ID #:1075

1 2.7 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 2.8 House Counsel: attorneys who are employees of a party to this Action. 5 House Counsel does not include Outside Counsel of Record or any other outside 6 counsel. 7 2.9 Non-Party: any natural person, partnership, corporation, association or 8 other legal entity not named as a Party to this action. 9 2.10 Outside Counsel of Record: attorneys who are not employees of a party 10 to this Action but are retained to represent or advise a party to this Action and have 11 appeared in this Action on behalf of that party or are affiliated with a law firm that 12 has appeared on behalf of that party, and includes support staff. 13 2.11 Party: any party to this Action, including all of its officers, directors, 14 employees, consultants, retained experts, and Outside Counsel of Record (and their 15 support staffs). 16 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 17 Discovery Material in this Action. 18 2.13 Professional Vendors: persons or entities that provide litigation support 19 services (e.g., photocopying, videotaping, translating, preparing exhibits or 20 demonstrations, and organizing, storing, or retrieving data in any form or medium) 21 and their employees and subcontractors. 22 2.14 Protected Material: any Disclosure or Discovery Material that is 23 designated as “CONFIDENTIAL.” 24 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 25 from a Producing Party. 26 / / / 27 / / / 28 / / / 21 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx) Case 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page 6 of 16 Page ID #:1076

1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or 4 extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9 10 4. DURATION 11 ONCE A CASE PROCEEDS TO TRIAL, INFORMATION THAT WAS 12 DESIGNATED AS CONFIDENTIAL OR MAINTAINED PURSUANT TO THIS 13 PROTECTIVE ORDER USED OR INTRODUCED AS AN EXHIBIT AT TRIAL 14 BECOMES PUBLIC AND WILL BE PRESUMPTIVELY AVAILABLE TO ALL 15 MEMBERS OF THE PUBLIC, INCLUDING THE PRESS, UNLESS 16 COMPELLING REASONS SUPPORTED BY SPECIFIC FACTUAL FINDINGS 17 TO PROCEED OTHERWISE ARE MADE TO THE TRIAL JUDGE IN ADVANCE 18 OF THE TRIAL. SEE KAMAKANA, 447 F.3D AT 1180-81 (DISTINGUISHING 19 “GOOD CAUSE” SHOWING FOR SEALING DOCUMENTS PRODUCED IN 20 DISCOVERY FROM “COMPELLING REASONS” STANDARD WHEN MERITS- 21 RELATED DOCUMENTS ARE PART OF COURT RECORD). ACCORDINGLY, 22 THE TERMS OF THIS PROTECTIVE ORDER DO NOT EXTEND BEYOND THE 23 COMMENCEMENT OF THE TRIAL. 24 25 5. DESIGNATING PROTECTED MATERIAL 26 5.1 Exercise of Restraint and Care in Designating Material for Protection. 27 Each Party or Non-Party that designates information or items for protection under this 28 Order must take care to limit any such designation to specific material that qualifies 22 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx) Case 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page 7 of 16 Page ID #:1077

1 under the appropriate standards. The Designating Party must designate for protection 2 only those parts of material, documents, items or oral or written communications that 3 qualify so that other portions of the material, documents, items or communications 4 for which protection is not warranted are not swept unjustifiably within the ambit of 5 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 impose 9 unnecessary expenses and burdens on other parties) may expose the Designating 10 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 5.2 Manner and Timing of Designations. Except as otherwise provided in 15 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 16 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 17 under this Order must be clearly so designated before the material is disclosed or 18 produced. 19 Designation in conformity with this Order requires: 20 (a) for information in documentary form (e.g., paper or electronic 21 documents, but excluding transcripts of depositions or other pretrial or trial 22 proceedings), that the Producing Party affix at a minimum, the legend 23 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 24 contains protected material. If only a portion of the material on a page qualifies for 25 protection, the Producing Party also must clearly identify the protected portion(s) 26 (e.g., by making appropriate markings in the margins). 27 A Party or Non-Party that makes original documents available for inspection 28 need not designate them for protection until after the inspecting Party has indicated 23 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx) Case 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page 8 of 16 Page ID #:1078

1 which documents it would like copied and produced. During the inspection and 2 before the designation, all of the material made available for inspection shall be 3 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 4 it wants copied and produced, the Producing Party must determine which documents, 5 or portions thereof, qualify for protection under this Order. Then, before producing 6 the specified documents, the Producing Party must affix the “CONFIDENTIAL 7 legend” to each page that contains Protected Material. If only a portion of the 8 material on a page qualifies for protection, the Producing Party also must clearly 9 identify the protected portion(s) (e.g., by making appropriate markings in the 10 margins). 11 (b) for testimony given in depositions that the Designating Party identifies 12 the Disclosure or Discovery Material on the record, before the close of the deposition 13 all protected testimony. 14 (c) for information produced in some form other than documentary and for 15 any other tangible items, that the Producing Party affix in a prominent place on the 16 exterior of the container or containers in which the information is stored the legend 17 “CONFIDENTIAL.” If only a portion or portions of the information warrants 18 protection, the Producing Party, to the extent practicable, shall identify the protected 19 portion(s). 20 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 21 failure to designate qualified information or items does not, standing alone, waive the 22 Designating Party’s right to secure protection under this Order for such material. 23 Upon timely correction of a designation, the Receiving Party must make reasonable 24 efforts to assure that the material is treated in accordance with the provisions of this 25 Order. 26 / / / 27 / / / 28 / / / 24 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx) Case 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page 9 of 16 Page ID #:1079

1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s 4 Scheduling Order. 5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37.1 et seq. 7 6.3 The burden of persuasion in any such challenge proceeding shall be on 8 the Designating Party. Frivolous challenges, and those made for an improper purpose 9 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 10 expose the Challenging Party to sanctions. Unless the Designating Party has waived 11 or withdrawn the confidentiality designation, all parties shall continue to afford the 12 material in question the level of protection to which it is entitled under the Producing 13 Party’s designation until the Court rules on the challenge. 14 15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 16 7.1 Basic Principles. A Receiving Party may use Protected Material that is 17 disclosed or produced by another Party or by a Non-Party in connection with this 18 Action only for prosecuting, defending or attempting to settle this Action. Such 19 Protected Material may be disclosed only to the categories of persons and under the 20 conditions described in this Order. When the Action has been terminated, a 21 Receiving Party must comply with the provisions of section 13 below (FINAL 22 DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at a 24 location and in a secure manner that ensures that access is limited to the persons 25 authorized under this Order. 26 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 27 otherwise ordered by the court or permitted in writing by the Designating Party, a 28 Receiving Party may disclose any information or item designated 25 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx) Case 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page 10 of 16 Page ID #:1080

1 “CONFIDENTIAL” only to: 2 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 3 as employees of said Outside Counsel of Record to whom it is reasonably necessary 4 to disclose the information for this Action; 5 (b) the officers, directors, and employees (including House Counsel) of the 6 Receiving Party to whom disclosure is reasonably necessary for this Action; 7 (c) Experts (as defined in this Order) of the Receiving Party to whom 8 disclosure is reasonably necessary for this Action and who have signed the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 (d) the court and its personnel; 11 (e) court reporters and their staff; 12 (f) professional jury or trial consultants, mock jurors, and Professional 13 Vendors to whom disclosure is reasonably necessary for this Action and who have 14 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (g) the author or recipient of a document containing the information or a 16 custodian or other person who otherwise possessed or knew the information; 17 (h) during their depositions, witnesses, and attorneys for witnesses, in the 18 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 19 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 20 not be permitted to keep any confidential information unless they sign the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 22 agreed by the Designating Party or ordered by the court. Pages of transcribed 23 deposition testimony or exhibits to depositions that reveal Protected Material may be 24 separately bound by the court reporter and may not be disclosed to anyone except as 25 permitted under this Stipulated Protective Order; and 26 (i) any mediator or settlement officer, and their supporting personnel, 27 mutually agreed upon by any of the parties engaged in settlement discussions. 28 / / / 26 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx) Case 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page 11 of 16 Page ID #:1081

1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification 7 shall include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order 9 to issue in the other litigation that some or all of the material covered by the subpoena 10 or order is subject to this Protective Order. Such notification shall include a copy of 11 this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be pursued 13 by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with 15 the subpoena or court order shall not produce any information designated in this 16 action as “CONFIDENTIAL” before a determination by the court from which the 17 subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party shall bear the burden and expense of seeking 19 protection in that court of its confidential material and nothing in these provisions 20 should be construed as authorizing or encouraging a Receiving Party in this Action to 21 disobey a lawful directive from another court. 22 23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 24 PRODUCED IN THIS LITIGATION 25 (a) The terms of this Order are applicable to information produced by a 26 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 27 produced by Non-Parties in connection with this litigation is protected by the 28 remedies and relief provided by this Order. Nothing in these provisions should be 27 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx) Case 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page 12 of 16 Page ID #:1082

1 construed as prohibiting a Non-Party from seeking additional protections. 2 (b) In the event that a Party is required, by a valid discovery request, to 3 produce a Non-Party’s confidential information in its possession, and the Party is 4 subject to an agreement with the Non-Party not to produce the Non-Party’s 5 confidential information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non-Party 7 that some or all of the information requested is subject to a confidentiality agreement 8 with a Non-Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated 10 Protective Order in this Action, the relevant discovery request(s), and a reasonably 11 specific description of the information requested; and 12 (3) make the information requested available for inspection by the Non- 13 Party, if requested. 14 (c) If the Non-Party fails to seek a protective order from this court within 15 14 days of receiving the notice and accompanying information, the Receiving Party 16 may produce the Non-Party’s confidential information responsive to the discovery 17 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 18 not produce any information in its possession or control that is subject to the 19 confidentiality agreement with the Non-Party before a determination by the court. 20 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 21 of seeking protection in this court of its Protected Material. 22 23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 25 Protected Material to any person or in any circumstance not authorized under this 26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 27 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 28 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 28 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx) Case 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page 13 of 16 Page ID #:1083

1 persons to whom unauthorized disclosures were made of all the terms of this Order, 2 and (d) request such person or persons to execute the “Acknowledgment and 3 Agreement to Be Bound” that is attached hereto as Exhibit A. 4 5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 6 PROTECTED MATERIAL 7 When a Producing Party gives notice to Receiving Parties that certain 8 inadvertently produced material is subject to a claim of privilege or other protection, 9 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 10 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 11 may be established in an e-discovery order that provides for production without prior 12 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 13 parties reach an agreement on the effect of disclosure of a communication or 14 information covered by the attorney-client privilege or work product protection, the 15 parties may incorporate their agreement in the stipulated protective order submitted to 16 the court. 17 18 12. MISCELLANEOUS 19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 20 person to seek its modification by the Court in the future. 21 12.2 Right to Assert Other Objections. By stipulating to the entry of this 22 Protective Order, no Party waives any right it otherwise would have to object to 23 disclosing or producing any information or item on any ground not addressed in this 24 Stipulated Protective Order. Similarly, no Party waives any right to object on any 25 ground to use in evidence of any of the material covered by this Protective Order. 26 12.3 Filing Protected Material. A Party that seeks to file under seal any 27 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 28 only be filed under seal pursuant to a court order authorizing the sealing of the 29 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx) Case 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page 14 of 16 Page ID #:1084

1 specific Protected Material at issue. If a Party’s request to file Protected Material 2 under seal is denied by the court, then the Receiving Party may file the information in 3 the public record unless otherwise instructed by the court. 4 5 13. FINAL DISPOSITION 6 After the final disposition of this Action, as defined in paragraph 4, within 60 7 days of a written request by the Designating Party, each Receiving Party must return 8 all Protected Material to the Producing Party or destroy such material. As used in this 9 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 10 summaries, and any other format reproducing or capturing any of the Protected 11 Material. Whether the Protected Material is returned or destroyed, the Receiving 12 Party must submit a written certification to the Producing Party (and, if not the same 13 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 14 (by category, where appropriate) all the Protected Material that was returned or 15 destroyed and (2) affirms that the Receiving Party has not retained any copies, 16 abstracts, compilations, summaries or any other format reproducing or capturing any 17 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 18 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 19 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 20 reports, attorney work product, and consultant and expert work product, even if such 21 materials contain Protected Material. Any such archival copies that contain or 22 constitute Protected Material remain subject to this Protective Order as set forth in 23 Section 4 (DURATION). 24 // 25 // 26 // 27 // 28 // 30 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx) Cas# 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page15o0f16 Page ID #:1085

1 |)14. VIOLATION 2 || Any violation of this Order may be punished by appropriate measures including, 3 || without limitation, contempt proceedings and/or monetary sanctions. 4|\/// 5 | IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 || DATED : September 28, 2022 9 /s/Elizabeth B. Celniker RAMIRO MORALES 10 || ELIZABETH B. CELNIKER 11 || MORALES FIERRO & REEVES Attorneys for Plaintiffs HENKELS & 12 || MCCOY, INC. and ZURICH AMERICAN 13 | INSURANCE COMPANY 14 15 || DATED : September 28, 2022 16 17 ||_ /s/Jennifer C. Kalvestran JAY R. GRAIF 18 |] JENNIFER C. KALVESTRAN GUST ROSENFELD, PLC 19 Attorneys for Defendant UNITED 50 SPECIALTY INSURANCE COMPANY

21 22 ||FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 23 24 || DATED: September 29, 2022 25 Rapetlis, 26 — HON. ROZELLA A. OLIVER 27 || United States Magistrate Judge 28 31 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx)

Case 2:21-cv-07210-RSWL-RAO Document 26 Filed 09/29/22 Page 16 of 16 Page ID #:1086

1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2

3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury that 5 I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 [date] in the case of Henkels & McCoy, Inc., et al. v. United Specialty Insurance 8 Company, Case No. 2:21-cv-07210 RSWL (RAOx). I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and punishment 11 in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 Central District of California for enforcing the terms of this Stipulated Protective 16 Order, even if such enforcement proceedings occur after termination of this action. I 17 hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective Order. 21 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23

24 Printed name: _______________________________ 25

26 Signature: __________________________________ 27 28 32 PROOF OF SERVICE CASE NO.: 2:21-cv-07210 RSWL (RAOx)