Joann Carbone v. Metropolitan Life Insurance Company

• Court: District Court, C.D. California
• Decided: January 2, 2024
• Docket: 2:23-cv-05948
• Status: Unknown

Opinion

1! ROBERT S. GIANELLI #82116 JOSHUA S. DAVIS #193187 2 ALEXANDRA H. GIANELLI #324246 GIANELLI & MORRIS, A Law Corporation 3 550 South Hope Street, Suite 1645 Los Angeles, CA 90071 Tel: (213) 489-1600; Fax: (213) 489-1611 rob.gianelli@gmlawyers.com 5 joshua.davis@gmlawyers.com 6 alex.gianelli@gmlawyers.com Attorneys for Plaintiff 7 JOANN CARBONE 8 9 MICHAEL J. DUVALL (SBN 276994) DENTONS US LLP 10 601 S. Figueroa Street, Suite 2500 Los Angeles, California 90017 Tel: (213) 623-9300 / Fax: (213) 623-9924 michael.duvall@dentons.com SANDRA D. HAUSER (admitted pro hac vice) DENTONS US LLP 1221 Avenue of the Americas 14 New York, New York 10020 Tel: (212) 768-6700 / Fax: (212) 768-6800 sandra.hauser@dentons.com 16 Attorneys for Defendants METROPOLITAN LIFE INSURANCE COMPANY and 17 | METROPOLITAN TOWER LIFE INSURANCE COMPANY 18 19 UNITED STATES DISTRICT COURT 20 CENTRAL DISTRICT OF CALIFORNIA 21 JOANN CARBONE 22 Case No. 2:23-CV-05948-AB-E Plaintiff, 23 Hon. Charles F. Eick Vv. 24 STIPULATED METROPOLITAN LIFE PROTECTIVE ORDER 25 INSURANCE COMPANY, METROPOLITAN TOWER LIFE 26 INSURANCE COMPANY Complaint Filed: July 21, 2023 27 Defendants. 28 2:23-CV-05948-AB-E STIPULATED PROTECTIVE ORDER

1 Subject to the approval of this Court, Plaintiff Joann Carbone and Defendants 2 Metropolitan Life Insurance Company and Metropolitan Tower Life Insurance 3 Company (collectively, the “Parties”), by and through their respective counsel of 4 record, hereby stipulate to the following protective order: 5 1. INTRODUCTION 6 1.1 PURPOSES AND LIMITATIONS 7 Discovery in this Action is likely to involve production of confidential, 8 proprietary, or private information for which special protection from public 9 disclosure and from use for any purpose other than prosecuting this litigation may 10 be warranted. Accordingly, the Parties hereby stipulate to and petition the Court to 11. enter the following Stipulated Protective Order. The Parties acknowledge that this 12. Order does not confer blanket protections on all disclosures or responses to 13. discovery and that the protection it affords from public disclosure and use extends 14 only to the limited information that are entitled to confidential treatment under the 15 applicable legal principles. The Parties further acknowledge, as set forth in Section 16 12.3, below, that this Stipulated Protective Order does not entitle them to file 17. confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 18 that must be followed and the standards that will be applied when a Party seeks 19 permission from the court to file material under seal. 20 1.2 GOOD CAUSE STATEMENT 21 The Parties acknowledge that information produced in discovery, regardless 22 of its designation under this Order, may contain personal and health information 23. subject to the protections of, inter alia, the Health Insurance Portability and 24 Accountability Act of 1996, the applicable requirements of the Standards for Privacy of Individually Identifiable Health Information and its implementing 26 regulations issued by the U.S. Department of Health and Human Services (45 C.F.R. 27 ~—~Parts 160-64; HIPAA Privacy Regulations), and California Civil Code §§ 56 et seq., 8 2:23-CV-05948-AB-E 2 STIPULATED PROTECTIVE ORDER

1 and 1798.82 et seq., which protect the confidentiality of individually-identifiable personal and health information. Discovery may also involve trade secrets, 3. customer and pricing lists, and other valuable research, development, commercial, 4 financial, technical, and/or proprietary information for which special protection 5 from public disclosure and from use for any purpose other than prosecution of this 6 action is warranted. 7 Accordingly, to expedite the flow of information, to facilitate the prompt 8 resolution of disputes over the confidentiality of discovery materials, to adequately 9 protect information the Parties are entitled or required to keep confidential, to ensure 10 that the Parties are permitted reasonably necessary uses of such material in preparation for and in the conduct of trial, to address their handling at the end of the 12 litigation, and to serve the ends of justice, a protective order for such information is 13. ‘justified in this matter. It is the intent of the Parties that information will not be 14 designated as confidential for tactical reasons and that nothing be so designated 15 without a good faith belief that it has been maintained in a confidential, non-public 16 manner, and there is good cause why it should not be part of the public record of this 17 case. 182. DEFINITIONS 19 2.1 Action: Joann Carbone v. Metropolitan Life Insurance Company, 20 Metropolitan Tower Life Insurance Company, Case No. 2:23-CV-05948-AB-E 21. (C.D. Cal.). 22 2.2 Challenging Party: a Party or Non-Party that challenges the 23 designation of Confidential or Highly Confidential Information under this Order. 24 2.3 “CONFIDENTIAL” Information: information (regardless of how it is generated, stored, or maintained) or tangible things that qualify for protection under 26 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 27 Statement. 28 2:23-CV-05948-AB-E 3 STIPULATED PROTECTIVE ORDER

1 2.4 “HIGHLY CONFIDENTIAL” Information: “Confidential” 2 Information that is highly sensitive personally-identifying information or highly 3 sensitive and proprietary business information of the Designating Party, including, 4 without limitation, strategic planning information, negotiation strategies, proprietary 5 software or systems, proprietary edits or customizations to software, pricing 6 information, non-public product design or testing information, or extremely 7 sensitive, highly confidential, non-public information consisting either of trade 8 secrets or proprietary or other highly confidential business, financial, regulatory, or 9 strategic information, the disclosure of which would create a substantial risk of 10 competitive or business injury to the Designating Party. 11 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 12 their respective support staff). 13 2.6 Designating Party: a Party or Non-Party that produces Disclosure or 14 Discovery Material in this Action and designates it “CONFIDENTIAL” or 15 “HIGHLY CONFIDENTIAL.” 16 2.7 Disclosure or Discovery Material: all information, regardless of the 17. medium or manner in which it is generated, stored, or maintained (including, among 18 other things, answers to interrogatories, responses to requests for admission, 19 testimony, transcripts, and tangible things), that are produced or generated in 20 disclosures or responses to discovery in this Action. 21 2.8 Expert: a person with specialized knowledge or experience in a matter 22 pertinent to the litigation who has been retained by a Party or its Counsel to serve as 23 an expert witness or as a consultant in this Action. 24 2.9 House Counsel: attorneys who are employees of a Party to this Action, as well as their support staff. House Counsel does not include Outside Counsel of 26 Record or any other outside counsel. 27 28 2:23-CV-05948-AB-E 4 STIPULATED PROTECTIVE ORDER

1 2.10 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 3 2.11 Outside Counsel of Record: attorneys who are not employees of a 4 Party to this Action but are retained to represent or advise a Party to this Action and 5 have appeared in this Action on behalf of that Party or are affiliated with a law firm 6 which has appeared on behalf of that Party, and includes support staff. 7 2.12 Party: any Party to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staff). 10 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 11. Discovery Material in this Action. 12 2.14 Professional Vendors: persons or entities that provide litigation 13 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 14 demonstrations, and organizing, storing, or retrieving data in any form or medium) 15 and their employees and subcontractors. 16 2.15 Protected Material: any Disclosure or Discovery Material that is 17. designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 18 2.16 Receiving Party: a Party that receives Disclosure or Discovery 19 Material from a Producing Party. 20.3. SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 Protected Material, but also (1) any information copied or extracted from Protected 23 + Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 24 (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 26 Any use of Protected Material at trial will be governed by the orders of the 27 ‘trial judge. This Order does not govern the use of Protected Material at trial. 8 2:23-CV-05948-AB-E 5 STIPULATED PROTECTIVE ORDER

1 4, DURATION 2 Even after final disposition of this litigation, the confidentiality obligations 3. imposed by this Order shall remain in effect until a Designating Party agrees 4 otherwise in writing or a court order otherwise directs. Final disposition shall be 5 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 6 without prejudice; and (2) final judgment herein after the completion and exhaustion 7 ~ of all appeals, rehearings, remands, trials, or reviews of this action, including the tim 8 limits for filing any motions or applications for extension of time pursuant to 9 applicable law. 10 If this case proceeds to trial, Protected Material under this Order that was 11 introduced or used as a trial exhibit may become available to the public unless 12 compelling reasons supported by specific factual findings to proceed otherwise are 13. made to the trial judge in advance. See Kamakana vy. City and County of Honolulu, 14 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for 15 sealing documents produced in discovery from “compelling reasons” standard when 16 merits-related documents are part of court record). Nothing in this paragraph shall 17 limit or waive the Parties’ respective rights to request the sealing of Protected 18 Material—including for trial purposes. 19 5. DESIGNATING PROTECTED MATERIAL 20 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information for protection under this Order 22 ~+must take care to limit any such designation to specific material that qualifies under 23 the appropriate standards. The Designating Party must designate for protection only 24 those parts of material, documents, items, or oral or written communications that 25 qualify so that other portions of the material, documents, items, or communications 26 27 28 2:23-CV-05948-AB-E 6 STIPULATED PROTECTIVE ORDER

1. for which protection is not warranted are not swept unjustifiably within the ambit of 2 this Order. 3 Mass, indiscriminate, or routinized designations are prohibited. Designations 4 that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber the case development process or to impose 6 unnecessary expenses and burdens on other parties) may expose the Designating 7 ~ Party to sanctions. 8 If it comes to a Designating Party’s attention that information that it 9 designated for protection do not qualify for protection, that Designating Party must 10 promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided in 12 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 13. stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 14 under this Order must be clearly so designated before the material is disclosed or 15 produced. 16 Designation in conformity with this Order requires: 17 (a) for information in documentary form (e.g., paper or electronic documents, 18 but excluding transcripts of depositions or other pretrial or trial proceedings, which 19 are addressed in section 5.2(b) below), that the Producing Party affix at a minimum, 20 =‘ the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” (hereinafter 21 “CONFIDENTIALITY legend”), to each page that contains protected material. If 22 only a portion or portions of the material on a page qualifies for protection, the 23. Producing Party also must clearly identify the protected portion(s) (e.g., by making 24 appropriate markings in the margins). 25 A Party or Non-Party that makes original documents available for inspection 26 need not designate them for protection until after the inspecting Party has indicated 27. which documents it would like copied and produced. During the inspection and 2:23-CV-05948-AB-E 7 STIPULATED PROTECTIVE ORDER

1 before the designation, all of the material made available for inspection will be 2 deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” After the inspecting 3 Party has identified the documents it wants copied and produced, the Producing 4 Party must determine which documents, or portions thereof, qualify for protection 5 under this Order. Then, before producing the specified documents, the Producing 6 Party must affix the “CONFIDENTIALITY legend” to each page that contains Protected Material. If only a portion or portions of the material on a page qualifies 8 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 10 (b) for testimony given in depositions or in other pretrial or trial proceedings, 11 that the Designating Party identify any Protected Material either: (1) on the record 12 before the close of the deposition, hearing, or other proceeding; or (ii) no later than 13. thirty (30) days of receiving the official transcript and associated exhibits (if any) 14 from the court reporter. Unless otherwise agreed to among the relevant Parties 15 and/or Non-Parties, the transcript and any associated exhibits shall be treated as 16 Protected Material until the thirty (30) day period described in this paragraph has 17 passed. 18 (c) for information produced in some form other than documentary and for 19 any other tangible items, that the Producing Party affix in a prominent place on the 20 ~_— exterior of the container or containers in which the information is stored the legend 21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” If only a portion or portions 22 of the information warrants protection, the Producing Party, to the extent __— practicable, will identify the protected portion(s). 24 5.3 Inadvertent Failures to Designate. A failure to designate any Disclosure or Discovery Material as “CONFIDENTIAL” or “HIGHLY 26 CONFIDENTIAL” does not waive the Designating Party’s right to secure protection 27 under this Order for such material. Upon written notice and correction of a 8 2:23-CV-05948-AB-E 8 STIPULATED PROTECTIVE ORDER

1 designation, the Receiving Party must make reasonable efforts to assure that the 2 material is treated in accordance with the provisions of this Order. If any Receiving 3. Party disclosed the material before receiving the written notice and correction of 4 designation, that Receiving Party must notify the Designating Party in writing of 5 each such disclosure. 6 66. CHALLENGING CONFIDENTIALITY DESIGNATIONS 7 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 8 designation of confidentiality at any time. Unless a prompt challenge to a 9 Designating Party’s confidentiality designation is necessary to avoid foreseeable, 10 substantial unfairness, unnecessary economic burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a confidentiality 12 designation by electing not to mount a challenge promptly after the original 13 designation is disclosed. 14 6.2 Meet and Confer. The Challenging Party will initiate the dispute resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1 16 et seq. 17 6.3 The burden of persuasion in any such challenge proceeding will be on 18 the Designating Party. Frivolous challenges, and those made for an improper 19 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 20 parties) may expose the Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality designation, all Parties will 22 continue to afford the material in question the level of protection to which it is 23 ~—_ entitled under the Producing Party’s designation until the Court rules on the 24 challenge. 25 7. ACCESS TO AND USE OF PROTECTED MATERIAL 26 7.1 Basic Principles. A Receiving Party may use Protected Material from a 27 Producing Party only for prosecuting, defending, or attempting to settle this Action. 2:23-CV-05948-AB-E 9 STIPULATED PROTECTIVE ORDER

1 Such Protected Material may be disclosed only to the categories of persons and 2 _under the conditions described in this Order. When the litigation has been 3 terminated, a Receiving Party must comply with the provisions of section 13 below 4 (FINAL DISPOSITION). 5 Protected Material must be stored and maintained by a Receiving Party at a 6 location and in a secure manner that ensures that access is limited to the persons 7 authorized under this Order. 8 7.2 Disclosure of “CONFIDENTIAL” Information. Unless otherwise 9 ordered by the Court or permitted in writing by the Designating Party, a Receiving 10 Party may disclose any information designated “CONFIDENTIAL” only to: 11 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as employees of said Outside Counsel of Record to whom it is reasonably 13. necessary to disclose the information for this litigation; 14 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation; 16 (c) Experts (as defined in this Order) of the Receiving Party to 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 Professional 22 Vendors to whom disclosure is reasonably necessary for this Action and who have 23 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (g) the author or recipient of a document containing the information or a 25 _ custodian or other person who otherwise possessed or knew the information; 26 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 27. Action to whom disclosure is reasonably necessary provided: (1) the deposing Party 8 2:23-CV-05948-AB-E 10 STIPULATED PROTECTIVE ORDER

1 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 2 will not be permitted to keep any confidential information unless they sign the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 4 agreed by the Designating Party or ordered by the court. Pages of transcribed 5 deposition testimony or exhibits to depositions that reveal Protected Material may 6 be separately bound by the court reporter and may not be disclosed to anyone except 7 as permitted under this Stipulated Protective Order; and 8 (i) any mediator or settlement officer, and their supporting personnel, 9 mutually agreed upon by any of the Parties engaged in settlement discussions. 10 7.3 Disclosure of “HIGHLY CONFIDENTIAL” Information. Unless 11 otherwise ordered by the Court or permitted in writing by the Designating Party, a 12. Receiving Party may disclose any information or item designated “HIGHLY 13. CONFIDENTIAL” only to: 14 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 15 employees of said Outside Counsel of Record to whom it is reasonably necessary to 16 disclose the information for this litigation; 17 (b) House Counsel of the Receiving Party; 18 (c) Experts (as defined in this Order) of the Receiving Party to whom 19 disclosure is reasonably necessary for this litigation and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (d) the court and its personnel; 22 (e) court reporters and their staff, professional jury or trial consultants, mock 23 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this 24 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 25 (Exhibit A); 26 27 8 2:23-CV-05948-AB-E 11 STIPULATED PROTECTIVE ORDER

1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN 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 designated in this Action as 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification 7 will 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 10 subpoena or order is subject to this Protective Order. Such notification will include 11. acopy of this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with the subpoena or court order will not produce any information designated in this 16 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” before a 17. determination by the court from which the subpoena or order issued, unless the 18 Party has obtained the Designating Party’s permission. The Designating Party will 19 bear the burden and expense of seeking protection in that court of its confidential 20 material and nothing in these provisions should be construed as authorizing or 21 encouraging a Receiving Party in this Action to disobey a lawful directive from 22 another court. 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 8 2:23-CV-05948-AB-E 12 STIPULATED PROTECTIVE ORDER

1 remedies and relief provided by this Order. Nothing in these provisions should be 2 construed as prohibiting a Non-Party from seeking additional protections. 3 (b) In the event that a Party is required, by a valid discovery request, to 4 produce a Non-Party’s confidential information in its possession, and the Party is 5 subject to an agreement with the Non-Party not to produce the Non-Party’s 6 confidential information, then the Party will: 7 (1) promptly notify in writing the Requesting Party and the Non-Party 8 that some or all of the information requested is subject to a confidentiality 9 agreement with a Non-Party; 10 (2) promptly provide the Non-Party with a copy of the Stipulated 11 Protective Order in this Action, the relevant discovery request(s), and a reasonably 12 specific description of the information requested; and 13 (3) make the information requested available for inspection by the 14. Non-Party, if requested. 15 (c) If the Non-Party fails to seek a protective order from this court within 16 14 days of receiving the notice and accompanying information, the Receiving Party 17. may produce the Non-Party’s confidential information responsive to the discovery 18 request. If the Non-Party timely seeks a protective order, the Receiving Party will 19 not produce any information in its possession or control that is subject to the 20 confidentiality agreement with the Non-Party before a determination by the court. 21. Absent a court order to the contrary, the Non-Party will bear the burden and expense 22 of seeking protection in this court of its Protected Material. 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 8 2:23-CV-05948-AB-E 13. STIPULATED PROTECTIVE ORDER

1 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 2 persons to whom unauthorized disclosures were made of all the terms of this Order, 3. and (d) request such person or persons to execute the “Acknowledgment and 4 Agreement to Be Bound” that is attached hereto as Exhibit A. 5 11. PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 6 MATERIAL 7 Pursuant to Federal Rule of Evidence 502, the attorney-client privilege, work 8 product privilege, and any other applicable privileges or protections from disclosure 9 are not waived by disclosure connected with this litigation. 10 If privileged information is disclosed, the Producing Party will notify the 11. Receiving Party in writing. Upon such notice, all such information and copies therec 12 shall be returned to the Producing Party within ten (10) business days, and the 13. Receiving Party shall not use such information for any purpose absent a further orde 14. of the Court. The Receiving Party shall also attempt, in good faith, to retrieve and return or destroy all copies of such documents in electronic format. 16 The Receiving Party may contest the privilege designation by the Producing 17. Party, shall give the Producing Party written notice of the reason for said 18 disagreement, and shall be entitled to retain one copy of the disputed information for 19 use in resolving the dispute. However, the Receiving Party may not challenge the 20 privilege claim by arguing that the disclosure itself is a waiver of any applicable 21 privilege. In that instance, the Receiving Party shall, within fifteen (15) business day 22 from the initial notice by the Producing Party, seek an order from the Court 23 compelling the production of the material. If no such order is sought, upon expiratio 24 of the fifteen (15) day period, then all copies of the disputed information shall be returned in accordance with this section. 26 Any analyses, memoranda, or notes which were internally generated based _ upon the produced information shall immediately be placed in sealed envelopes, and 2:23-CV-05948-AB-E 14. STIPULATED PROTECTIVE ORDER

1 shall be destroyed in the event that (a) the Receiving Party does not contest that the 2 information is privileged, or (b) the Court rules that the information is privileged. 3. Such analyses, memoranda, or notes may only be removed from the sealed envelope: 4 and returned to its intended purpose in the event that (a) the Producing Party agrees i 5 _ writing that the information is not privileged, or (b) the Court rules that the 6 information is not privileged. 7 12. MISCELLANEOUS 8 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 9 person to seek its modification by the Court in the future. 10 12.2 Right to Assert Other Objections. By stipulating to the entry of this +Protective Order no Party waives any right it otherwise would have to object to 12 disclosing or producing any information or item on any ground not addressed in this 13 Stipulated Protective Order. Similarly, no Party waives any right to object on any 14 ground to use in evidence of any of the material covered by this Protective Order. 15 12.3 Filing Protected Material. Without written permission from the 16 Designating Party or a court order secured after appropriate notice to all interested persons, a Party may not file in the public record in this action any Protected 18 Material. A Party that seeks to file under seal any Protected Material must comply 19 with Civil Local Rule 79-5. Protected Material may only be filed under seal 20 pursuant to a court order authorizing the sealing of the specific Protected Material at 21 ~+issue. Ifa Party's request to file Protected Material under seal is denied by the court, 22 ‘then the Receiving Party may file the information in the public record unless 23 otherwise instructed by the court. 24 13. FINAL DISPOSITION 25 Within 90 days after the final disposition of this Action, as defined in 26 paragraph 4, each Receiving Party must undertake commercially reasonable best 27 ‘efforts to either return or destroy all Protected Material and certify to that fact in 8 2:23-CV-05948-AB-E 15 STIPULATED PROTECTIVE ORDER

1 writing to the Producing Party (and, if not the same person or entity, to the 2 Designating Party). The Receiving Party is not required to return or destroy 3 Protected Material that: (1) is stored on backup storage media made in accordance 4 with regular data backup procedures for disaster recovery purposes; (2) is located in 5 the email archive system or archived electronic files of departed employees; (3) is 6 otherwise stored in electronic systems from which deletion is not feasible or 7 practicable; (4) must be retained pursuant to legal or regulatory retention 8 obligations; or (5) is subject to legal hold obligations; provided, however, that any 9 such Protected Materials remain subject to the terms of this Protective Order as set 10 forth in Section 4 (DURATION). Additionally, notwithstanding this provision, 11. Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, 12 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 13. and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain Protected Material. Any such archival 15 copies that contain or constitute Protected Material remain subject to this Protective 16 Order as set forth in Section 4 (DURATION). As used in this subdivision, “all 17. Protected Material” includes all copies, abstracts, compilations, summaries, and any 18 other format reproducing or capturing any of the Protected Material. 19 14. Any willful violation of this Order may be punished by civil or criminal 20 contempt proceedings, financial or evidentiary sanctions, reference to disciplinary 21 ~~ authorities, or other appropriate action at the discretion of the Court. 22 23 24 25 26 27 28 2:23-CV-05948-AB-E 16 STIPULATED PROTECTIVE ORDER

1 %ITISSO STIPULATED, THROUGH COUNSEL OF RECORD. 2 GIANELLI & MORRIS, ALC 3 4 DATED: December 29, 2023. /s/ Alexandra H. Gianelli Attorneys for Plaintiff 5 ROBERT S. GIANELLI JOSHUA S. DAVIS 6 ALEXANDRA H. GIANELLI Attorneys for Plaintiff 7 JOANN CARBONE 8 9 DENTONS US LLP 10 11 DATED: December 29, 2023 /s/ Sandra D. Hauser Attorneys for Defendant 12 MICHAEL J. DUVALL SANDRA D. HAUSER 13 Attorneys for Defendants Metropolitan Life Insurance Company and 14 Metropolitan Tower Life Insurance Company 15 16 Attestation 17 I, Alexandra H. Gianelli, attest that all other signatories listed, and on whose 18 behalf this document is submitted, concur in the filing’s content and have authorized 19 the filing. 20 /s/ Alexandra H. Gianelli 21 ALEXANDRA H. GIANELLI 22 23 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 24 25 DATED: January 2, 2024 /s/ HON. CHARLES F. EICK 26 United States Magistrate Judge 27 28 2:23-CV-05948-AB-E 17. STIPULATED PROTECTIVE ORDER

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, [full name], of 5 [full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the Central District of California 8 on ____ [date] in the case of Joann Carbone v. Metropolitan Life Insurance 9 Company, Metropolitan Tower Life Insurance Company, Case No. 2:23-CV-05948- 10 AB-E. I agree to comply with and to be bound by all the terms of this Stipulated 11. + Protective Order and I understand and acknowledge that failure to so comply could 12 expose me to sanctions and punishment in the nature of contempt. I solemnly 13. promise that I will not disclose in any manner any information or item that is subject 14 to this Stipulated Protective Order to any person or entity except in strict compliance 15 with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court 17. for the Central District of California for the purpose of enforcing the terms of this 18 Stipulated Protective Order, even if such enforcement proceedings occur after 19 termination of this action. [hereby appoint __ [full 20 name] of [full 21. address and telephone number] as my California agent for service of process in 22 connection with this action or any proceedings related to enforcement of this 23 Stipulated Protective Order. 24 ~=Date: _ City and State where signed: 26 Printed name: 27 ~+Signature: _ 28 2:23-CV-05948-AB-E 18 STIPULATED PROTECTIVE ORDER