Jackson National Life Insurance Company v. Lim

Opinion

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1 |! Michael S. Braun, Esq. (SBN 152461) 5 Kevin Hatanian, Esq. (SBN 276028) LAW OFFICE OF MICHAEL S. BRAUN 3 || 21515 Hawthorne Blvd., Suite 670 Torrance, California 90503 4 || Telephone: 310-984-3220 Facsimile: 310-984-3221 5 || Email: mbraun@mbraunlaw.com 6 Attorneys for Lim Defendants EASTERN DISTRICT OF CALIFORNIA 10 11 |] JACKSON NATIONAL LIFE INSURANCE _ | Case No, 1:23-cv-00442-CDB COMPANY, 12 STIPULATED PROTECTIVE ORDER Plaintiff, 13 Hon. Magistrate Judge Christopher D. Baker v. 14 BIBI LIM, WINSTON LIM, CELESTINE LIM, 15 || VENANCIO LIM, WILLIE LIM, PETERSON LIM, TIFFANY AUNG, CRYSTAL AUNG, 16 |{KYIAUNG, KYI AUNG as Personal Representative of the ESTATE OF CAROLINE 17 ||] LIM, AND DOES 1 through 10, 18 Defendants. 19 20 21 0 1. PURPOSES AND LIMITATIONS

3 Disclosure and discovery activity in this action are likely to involve the production of

34 confidential, proprietary or private information for which special protection from public 35 disclosure and from use for any purpose other than prosecuting this litigation may be warranted.

The parties and former Plaintiff Jackson National Life Insurance Company (“Jackson”) provide 37 the followmg in response to Local Rule 141.1(c): -|-

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l (1) A description of the types of information eligible for protection under the 2 || order, with the description provided in general terms sufficient to reveal the nature of the 3 || information (e.g., customer list, formula for soda, diary of a troubled child); 4 The parties recently asked Jackson to produce certain documents. One of the requests 5 || asked Jackson for its policies and procedures on changing a policy’s beneficiaries. Another was 6 || for an unredacted copy of a Beneficiary Designation Supplement that Jackson previously 7 || produced in redacted form to protect personally identifying information. Jackson asked 8 || Defendants to request entry of a protective order because it expects at least some of the 9 |] documents responsive to Defendants’ requests will contain confidential proprietary and/or trade 10 || secret information regarding how Jackson does business, including but not limited to Jackson’s 11 || policies and procedures for implementing or not implementing beneficiary change requests. 12 || Additionally, at least some of the responsive documents will contain information required to be 13 || redacted under L.R. 140(a). 14 (2) Ashowing of particularized need for protection as to each category of 15 {| information proposed to be covered by the order; and 16 Jackson zealously guards the secrecy of its internal policies and procedures lest 17 || competing companies attempt to copy them and thereby gain a competitive advantage or attempt 18 || to adjust their own policies and procedures in response to Jackson’s, again in an attempt to gain a 19 || competitive advantage. If Jackson were to freely produce documents containing proprietary 20 || information, not only would it make it much easier for other companies to gain a competitive 21 || edge over Jackson, Jackson’s competitors might challenge whether Jackson has employed 22 || reasonable efforts to keep its trade secrets potentially forgoing protection for them under the 23 || Defending Trade Secrets Act. 18 U.S.C. § 1839(3)(A); Beluca Ventures LLC v. Einride 24 || Aktiebolag, 660 F. Supp. 3d 898, 907 (N.D. Cal. 2023). Likewise, Jackson takes seriously its 25 || obligation to protect personally identifying information such as that listed in L.R. 140(a). 26 (3) A-showing as to why the need for protection should be addressed by a court 27 || order, as opposed to a private agreement between or among the parties. 28 -2- STIPULATED PROTECTIVE ORDER

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l The parties and Jackson request a court order because court orders carry greater weight 2 || than private agreements, especially with third parties such as expert witnesses who may need to 3 || be shown documents marked confidential. Moreover, with court orders the enforcement 4 || mechanism is clear. In contrast, the remedy for an alleged breach of a private agreement may be 5 || a separate lawsuit for breach of contract. Going the court order route will promote judicial 6 || efficiency; going the private agreement route could undermine it. Local Rule 140(b) 7 |; acknowledges this reality, instructing: “When counsel seeks to submit protected information, a 8 || protective order or order authorizing redaction should be sought.” Given the foregoing, good 9 || cause exists under Rule 26(c)(1) for the Court to enter this Stipulated Protective Order. 10 The parties acknowledge that this Order does not confer blanket protections on all 11 |} disclosures or responses to discovery and that the protection it affords from public disclosure and 12 || use extends only to the limited information or items that are entitled to confidential treatment 13 || under the applicable legal principles. The parties further acknowledge, as set forth in Section 14 || 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential 15 information under seal; Local Rules 140 and 141 set forth the procedures that must be followed 16 || and the standards that will be applied when a party seeks permission from the court to file 17 || material under seal. 2. DEFINITIONS 19 2.1 Challenging Party: a Pary or Non-Party that challenges the designation of 20 || information or items under this Order. 21 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 22 || generated, stored or maintained) or tangible things that qualify for protection under Federal 23 |) Rules of Civil Procedure 26(c). 24 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 25 || well as their support staff). 26 2.4 Designating Party: A Party or Non-Party that designated information or items that 27 || it produces in disclosure or in response to discovery as “CONFIDENTIAL.” 28 -3- STIPULATED PROTECTIVE ORDER

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1 2.5 Disclosure or Discovery Material: all items or information, regardless of the 2 || medium or manner in which it is generated, stored, or maintained (including, among other things, 3 || testimony, transcripts, and tangible things), that are produced or generated in disclosure or 4 || response to discovery in this matter. 5 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 6 || the litigations who has been retained by a Party or its counsel to serve as an expert witness or as 7 || a consultant in this action. 8 2.7 House Counsel: attorneys who are employees ofa party to this action. House 9 || Counsel does not include Outside Counsel of Record or any other outside counsel. 10 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 11 || entity not named as a Party to this action. [2 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 13 || action but are retained to represent or advise a party to this action and have appeared in this 14 || action on behalf of that party or are affiliated with a law firm which has appeared on behalf of [5 || that party. 16 2.10 Party: any party to this action, including all of its officers, directors, employees, 17 || consultants, retained experts, and Outside Counsel of Records (and their support staff). 18 2.11 Producing Party: A Party or Non-Party that produces Disclosures or Discovery 19 || Material in this action. 20 2.12 Professions Vendors: persons or entities that provide litigation support services 21 || (e.g., photocopying, videotaping, translating, preparing exhibits or demonstration, and 22 || organizing, storing, or retrieving date in any form or medium) and their employees and 23 || subcontractors. 24 2.13 Protected Materials: any Disclosure or Discovery Material that is designated as 25 || “CONFIDENTIAL.” 26 2.14 Receiving Party: A Party that received Disclosure or Discovery Material from a 27 || Producing Party. 28 -4- STIPULATED PROTECTIVE ORDER

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3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only Protected Material 3 || (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 4 || all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 5 || conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 6 || However, the protections conferred by this Stipulation and Order do not cover the following 7 || information: (a) any information that is in the public domain at the time of disclosure to a 8 || Receiving Party or becomes part of the public domain after its disclosure to a receiving Party as 9 || a result of publication not involving a violations of this Order, including becoming part of the 10 || public record through trial or otherwise; and (b) any information known to the Receiving Party 11 || prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 12 || obtained the information lawfully and under no obligation of confidentiality to the Designation 13 || Party. Any use of Protected Material at trial shall be governed by a separate agreement or order 14 || under Local Rule 141.1(b)(2). See Section 12.4 below. 1S |} 4. DURATION 16 Even after final disposition of this litigation, the confidentiality obligations imposed by 17 || this Order shall remain in effect until a Designated Party agrees otherwise in writing or a court 18 || order otherwise directs. Final disposition shall be deemed to the later of the (1) dismissal of all 19 || claims and defense in this action, with or without prejudice; and (2) final judgment herein after 20 |/the completion any exhaustion of all appeals, rehearing, remands, trial, or reviews of this action, 21 || including the time limits for filing any motions or applications for extension of time pursuant to 22 || applicable law. 23 || 5. DESIGNATING PROTECTED MATERIAL 24 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 25 |}or Non-Party that designates information or items for protection under this Order must take care 26 || to limit any such designation to specific material that qualifies under the appropriate standards. 27 || The Designating Party must designate for protection only those parts of material, documents, 28 si STIPULATED PROTECTIVE ORDER

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| || items, or oral or written communications that qualify—so that other portions of the material, 2 || documents, ites, or communications for which protection is not warranted are not swept 3 || unjustifiably within the ambit of this Order. 4 Mass, indiscriminate, or routinized designations or prohibited. Designations that are 5 || shown to be clearly unjustified or that have been made for an improper purposed (e.g., to 6 || unnecessarily encumbered or retard the case development process or to impose unnecessary 7 || expense and burden on other parties} expose the Designating Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it designated 9 || for protection do not qualify for protection, that Designating Party must promptly notify all other 10 |j Parties that it is withdrawing the mistaken designation. 1] 2.2. Manner and Timing of Designations. Except as otherwise provided in this Order 12 || (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or orders, 13 || Disciosure or Discovery Material that qualifies for protection under this Order must be clearly so 14 || 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, but 17 || excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 18 || Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only 19 || a portion or portions of the material on a page qualifies for protection, the Producing Party also 20 {| must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 21 || margins). A Party or Non-Party that makes original documents or materials available for 22 || inspection need not designate them for protection until after the inspecting Party has indicated 23 || which material it would like copied and produced. During the inspection and before the 24 || designation, all of the material made available for inspection shall be deemed 25 || “CONFIDENTIAL.” After the inspecting Party has identified the documents, it wants copied and 26 || produced, the Producing Party must determine which documents, or portions thereof, qualify for 27 || protection under this Order. Then, before producing the specified documents, the Producing 28 -6- STIPULATED PROTECTIVE ORDER

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1 || Party must affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If 2 || only a portion or portions of the material on a page qualifies for protection, the Producing Party 3 }/ also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 4 || margins). A Party or Non-Party that makes original documents or materials available for 5 |{ inspection need not designate them for protection until after the inspecting Party has indicated 6 || which material it would like copied and produced, During the inspection and before the 7 || designation, all of the material made available for inspection shall be deemed 8 || “CONFIDENTIAL.” After the inspecting Party has identified the documents, it wants copied and 9 || produced, the Propouding Pary must determine which documents, or portions thereof, qualify for 10 || protection under this Order. Then, before producing the specified documents, the Producing 11 || Party must affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If 12 || only a portion of the material on a page qualifies for protection, the Producing Party also must 13 || clearly identify the protected portions(s) (e.g., by making appropriate marking in the margins). 14 (b) For testimony given in deposition or in other pretrial or trial proceedings, that the 15 || Designating Party identify on the record, before the close of the deposition, hearing, or other 16 || proceedings, all protected testimony. 17 (c} For information produced in some form other than documentary for any other 18 || tangible items, that the Producing Party affix in a prominent place on the exterior of the 19 || container or containers in which the information or items is stored the legend 20 || “CONFIDENTIAL.” [f only a portion or portions of the information or item warrant protection, 21 || the Producing Party, to the extend practicable, shall identify the protected portion(s). 22 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 23 || designated qualified information or items does not, standing alone, waiver the Designating 24 |! Party’s right to secure protection under this Order for such material. Upon timely correction of a 25 || designating, the Receiving Party must make reasonable efforts to assure that the material is 26 || treated in accordance with the provisions of this Order. 27 28 -7- STIPULATED PROTECTIVE ORDER

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6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges, Any Party or Non-Party may challenge a designation of 3 || confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 4 || designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 5 || burdens, or a significant disruption or delay in the litigation, a Party does not waive its right to 6 || challenge a confidential designation by electing not to mount a challenge promptly after the 7 || original designation is disclosed. 8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 9 || process by providing written notice of each designation it is challenging and describing the basis 10 || for each challenge. To avoid ambiguity as to whether a challenge has been made, the written || notice must recite that the challenge to confidentiality is being made in accordance with this 12 || specific paragraph of the Protective Order. The parties shal! attempt to resolve each challenge in 13 || good faith and must begin the process by conferring directly (in voice-to-voice dialogue; other 14 || forms of communication are not sufficient) within 14 days of the date of service of notice. In 15 || conferring, the Challenging Party must explain the basis for its belief that the confidentiality 16 || designation was not proper and must give the Designating Party an opportunity to review the 17 |} designated material, to reconsider the circumstances, and, if no change in designation is offered, 18 |] to explain the basis for the chosen designation. A Challenging Party may proceed to the next 19 || stage of the challenge process only if it has engaged in this meet and confer process first or 20 || establishes that the Designating Party is unwilling to participate in the meet and confer process in 21 a timely manner. 22 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 23 || intervention, the Designating Party shall file and serve a motion to retain confidentiality under 24 || Local Rule 230 within 21 days of the initial notice of challenge or within 14 days of the parties 25 || agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. 26 || Each such motion must be accompanied by a competent declaration affirming that the movant 27 || has complied with the meet and confer requirements imposed in the preceding paragraph. Failure 28 -8- STIPULATED PROTECTIVE ORDER

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1 || by the Designating Party to make such a motion including the required declaration within 21 2 || days (or 14 days, if applicable) shall automatically waive the confidentiality designation for each 3 || challenged designation. In addition, the Challenging Party may file a motion challenging a 4 || confidentiality designation at any time if there is good cause for doing so, including a challenge 5 |j to the designation of a deposition transcript or any portions thereof. Any motion brought 6 || pursuant to this provision must be accompanied by a competent declaration affirming that the 7 || movant has complied with the meet and confer requirements imposed by the preceding 8 || paragraph. The burden of persuasion in any such challenge proceeding shall be on the 9 || Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass 10 || or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party 11 |] to sanctions. Unless the Designating Party has waived the confidentiality designation by failing 12 || to file a motion to retain confidentiality as described above, all parties shall continue to afford 13 {| the material in question the level of protection to which it is entitled under the Producing Party’s 14 || designation until the court rules on the challenge. 15 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL 16 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed 17 || or produced by another Party or by a Non-Party in connection with this case only for 18 prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be 19 || disclosed only to the categories of persons and under the conditions described in this Order. 20 || When the litigation has been terminated, a Receiving Party must comply with the provisions of 21 section 13 below (FINAL DISPOSITION). 22 Protected Material must be stored and maintained by a Receiving Party at a location and 23 || in a secure manner that ensures that access is limited to the persons authorized under this Order. 24 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 25 || ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 26 || disclose any information or item designated “CONFIDENTIAL” only to: 27 28 -9- STIPULATED PROTECTIVE ORDER

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1 (a) the Receiving Party’s Outside Counsel of Record in his action, as well as employees 2 || of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 3 || for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that 4 |lis attached hereto as Exhibit A; 5 (b) the officers, directors, and employees (including House Counsel) of the Receiving 6 || Party to whom disclosure is reasonably necessary for this litigation and who have signed the 7 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 9 || reasonably necessary for this litigation and who have signed the “Acknowledgment and 10 || Agreement to Be Bound” (Exhibit A); 1 (d) the court and its personnel; 12 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 13 || Professional Vendors to whom disclosures is necessary for this litigation and who have signed 14 || the “Acknowledgement and Agreement to Be Bound” (Exhibit A); 15 (f) during their depositions, witnesses in the action to whom disclosures is reasonably 16 || necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 17 || A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 18 || transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 19 || separately bound by the court reporter and may not be disclosed to anyone except as permitted 20 || under this Stipulated Protective Order. 2] (g) the author or recipient of a document containing the information or a custodian or 22 || other person who otherwise possessed or knew the information. 23 8. PROTECTED MATERIAL SUBPOENED OR ORDERED PRODUCED IN THEIR 25 Ifa Party is served with a subpoena or a court order issued in other litigation that compels 26 || disclosure of any information or items designated in this action as “CONFIDENTIAL,” that 27 || Party must: 28 -10- STIPULATED PROTECTIVE ORDER

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1 (a) Promptly notifying in writing the Designating Party. Such notification shall 2 || include a copy of the subpoena or court order: 3 (b) Promptly notify in writing the party who caused the subpoena or order to issue in 4 |} the other litigation that some or ail of the material covered by the subpoena or order is subject to 5 || this Protective Order. Such notification shall include a copy of this Stipulated Protective Order, 6 || and 7 (c) Cooperate with respect to all reasonable procedures sought to be pursued by the 8 || Designated Party whose Protected Material may be affected. 9 If the Designating Party timely seeks a protective order, the Party served with the 10 || subpoena or court order shall not produce any information designated in this action as 11 |] “CONFIDENTIAL” before a determination by the court from which the subpoena or order 12 |] issued, unless the Party has obtained the Designating Party’s permission. The Designating Party 13 j| shall bear the burden and expense of seeking protection in that court of its confidential material — 14 || and nothing in these provisions should be construed as authorizing or encouraging a Receiving 15 || Party in this action to disobey a lawful directive from another court. || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 18 (a) The terms of this Order are applicable to information produced by a Non-Party in 19 || this action and designated as “CONDIFENTIAL.” Such information produced by Non-Parties in 20 || connection with this litigation is protected by the remedies and relief provided by this Order. 21 || Noting in these provisions should be construed as prohibiting a Non-Party from seeking 22 || additional protections. 23 (b) In the event that a Party is required, by a valid discovery require, to produce a 24 || Non-Party’s confidential information in its possession, and the Party is subject to an agreement 25 || with a Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 26 (1) Promptly notify in writing the Requesting Party and Non-Party that some 27 || or all of the information requested is subject to a confidentiality agreement with a Non-Party; 28 -ll- STIPULATED PROTECTIVE ORDER

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1 (2) Promptly provide the Non-Party with a copy of the Stipulated Protective 2 || Order in this litigations, the relevant discovery request(s), and a reasonable specific description 3 || of the information requested, and 4 (3) Make the information requested available for inspection by the Non-Party. 5 (c} If the Non-Party fails to object or seek a protective order from this court within 14 6 || days of receiving the notice and accompanying information, the Receiving Party may produce 7 j| the Non-Party’s confidential information responsive to the discovery request. If the Non-Party 8 || timely seeks a protective order, the Receiving Party shall not produce any information in its 9 || possession or control that is subject to the confidentiality agreement with the Non-Party before a 10 || determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 11 || burden and expense of seeking protection in this court of its Protected Material. 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. 13 Ifa Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected [4 || Material to any person or in any circumstance not authorized under this Stipulated Protective 15 || Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 16 }] unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 17 || Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 18 |] made of all the terms of this Order, and (d) request such person or persons to execute the 19 ||“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. |} 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 22 When a Producing Party gives notice to Receiving Parties that certain inadvertently 23 || produced material is subject to a claim of privilege or other protection, the obligations of the 24 || Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 25 |) provision is not intended to modify whatever procedure may be established in an e-discovery 26 || order that provides for production without prior privilege review. Pursuant to Federal Rule of 27 || Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of 28 -12- STIPULATED PROTECTIVE ORDER

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1 || a communication or information covered by the attorney-client privilege or work product 2 || protection, the parties may incorporate their agreement in the stipulated protective order 3 || submitted to the court. 12. MISCELLANEOUS 5 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 6 |] seek its modification by the court in the future. 7 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 8 || Order no Party waives any right it otherwise would have to object to disclosing or producing any 9 |! information or item on any ground not addressed in this Stipulated Protective Order. Similarly, 10 || no Party waives any right to object on any ground to use in evidence of any of the material 11 || covered by this Protective Order. 12 12.3. Filing Protected Material. Without written permission from the Designating Party 13 |} or a court order secured after appropriate notice to all interested persons, a Party may not file in 14 || the public record in this action any Protected Material. A Party that seeks to file under seal any 15 || Protected Material must comply with Local Rules 140 and 141. Protected Material may only be 16 || filed under seal pursuant to a court order authorizing the sealing of the specific Protected 17 || Material at issue. Pursuant to Civil Local Rule 141(a), a sealing order will issue only by written 18 || order of the Court, upon the showing required by applicable law. If a Receiving Party's request to 19 || file Protected Material under seal is denied by the court, then the Receiving Party may file the 20 || information in the public record unless otherwise instructed by the court. 2] 12.4 Protective Order for Civil Trial. The parties acknowledge that under Local Rule 22 || 141.1(b)(L), a protective order issued prior to trial does not affect the admission of evidence at 23 || trial unless the order specifically so states. The parties agree this Stipulated Protective Order is 24 || intended to and shall apply to evidence sought to be admitted at the trial in this matter. Even so, 25 || should this matter go to trial, the parties agree they will seek a further protective order relating to 26 || the admission of evidence at trial pursuant to Local Rule 141.1(b)(2). 27 28 -13- STIPULATED PROTECTIVE ORDER

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13. FINAL DISPOSITION 2 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 3 || Receiving Party must return all Protected Material to the Producing Party or destroy such 4 || material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 5 || compilations, summaries, and any other format reproducing or capturing any of the Protected 6 || Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 7 || submit a written certification to the Producing Party (and, if not the same person or entity, to the 8 || Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all 9 || the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has 10 || not retained any copies, abstracts, compilations, summaries or any other format reproducing or Il || capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 12 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 13 || legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 14 || product, and consultant and expert work product, even if such materials contain Protected 15 || Material. Any such archival copies that contain or constitute Protected Material remain subject to 16 || this Protective Order as set forth in Section 4 (DURATION). 17 {| [TIS SO STIPULATED, THROUGH COUNSEL OF RECORD 19 20 || DATED: October 14, 2024 LAW OFFICE OF MICHAEL S. BRAUN 21 22 /S/ Hatanian By 23 Michael Braun, Esq. Kevin Hatanian, Esq. 24 Attorneys for Lim Defendants 25 26 27 28 -14- STIPULATED PROTECTIVE ORDER

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1 || DATED: October # 2024 ZIMMER & MELTON, LLP 3 LE) By: 4 Micah K. Nilsson, Esq. Justin L. Thomas, Esq. 5 Attorneys for Tiffany Aung, Crystal Aung, Kyi Aung as 6 Personal Representative of the Estate of Caroline Lim DATED: October 16, 2024 POLSINELLI LLP 10 By: /s/ Neeka N. Dabiri Wesley D. Hurst, Esq. ll Neeka N. Dabiri, Esq. Attomeys for former Plaintiff Jackson National Life 12 Insurance Company 13 14]) ITIS SO ORDERED. 15 Dated: October 23, 2024 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 Zl 22 23 24 25 26 □

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l EXHIBIT A 3 I, ___———__s[print or type full name], of __ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand > the Stipulated Protective Order that was issued by the United States District Court for the Eastern District of Califomia on [date] in the case of Jackson National Life Insurance Company v. Bi Bi 7 Lim, et al., Case Number | :23-cv-00442-CDB. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so ? comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for the Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. 16 I hereby appoint ____ [print or type full name] of " ________—__ [print or type full address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order.

41 |jDate:_ 22 ||City and State where sworn and signed: ee Printed name: 24 Signature: 25 26 27 28 «STIPULATED □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□