Sacramento Downtown Arena LLC v. Factory Mutual Ins. Co.

Opinion

1 RICHARD R. PATCH (State Bar No. 88049) HOWARD A. SLAVITT (State Bar No. 172840) 2 FREDRICK C. CROMBIE (State Bar No. 244051) BENJAMIN C. PULLIAM (State Bar No. 294628) 3 COBLENTZ PATCH DUFFY & BASS LLP One Montgomery Street, Suite 3000 4 San Francisco, California 94104-5500 Telephone: 415.391.4800 5 Facsimile: 415.989.1663 Email: ef-rrp@cpdb.com 6 ef-has@cpdb.com ef-fcc@cpdb.com 7 ef-bcp@cpdb.com

8 Attorneys for Plaintiffs SACRAMENTO DOWNTOWN ARENA LLC; 9 SACRAMENTO KINGS LIMITED PARTNERSHIP; SAC MUB1 HOTEL, LLC; 10 and SGD RETAIL LLC

11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 SACRAMENTO DOWNTOWN ARENA No. 2:21-cv-00441KJM DB LLC; SACRAMENTO KINGS LIMITED 15 PARTNERSHIP; SAC MUB1 HOTEL, LLC; STIPULATED PROTECTIVE ORDER and SGD RETAIL LLC, 16 FOR STANDARD LITIGATION

17 Plaintiffs,

18 v.

19 FACTORY MUTUAL INSURANCE COMPANY, and DOES 1-10, inclusive, 20

21 Defendants.

23 24 25 26 27 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 6 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 7 all disclosures or responses to discovery and that the protection it affords from public disclosure 8 and use extends only to the limited information or items that are entitled to confidential treatment 9 under applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, 10 below, that this Stipulated Protective Order does not entitle them to file confidential information 11 under seal. Civil Local Rule 141 sets forth the procedures that must be followed and the standards 12 that will be applied when a party seeks permission from the court to file material under seal. 13 2. DEFINITIONS 14 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 15 information or items under this Order. 16 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 17 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 18 of Civil Procedure 26(c). 19 2.3 “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” Information or Items: sensitive 20 “CONFIDENTIAL” information (regardless of how it is generated, stored or maintained) or 21 tangible things that the Designating Party reasonably believes in good faith that disclosure of such 22 Disclosure or Discovery Material directly to another Party or Non-Party, other than as permitted 23 pursuant to this Order, would create a likelihood of harm to the business, financial, personal, 24 competitive, or commercial interests of the Designating Party, is otherwise substantially likely to 25 cause injury to the Designating Party, and/or involves private medical information of third party 26 individuals. 27 2.4 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 1 2.5 Designating Party: a Party or Non-Party that designates information or items that it 2 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or 3 “CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” 4 2.6 Disclosure or Discovery Material: all documents, items or information, regardless 5 of the medium or manner in which it is generated, stored, or maintained (including, among other 6 things, electronically stored information (“ESI”), testimony, transcripts, tangible things, and 7 physical objects), that are produced or generated in disclosures or responses to discovery in this 8 matter. 9 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to 10 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 11 consultant in this action. 12 2.8 House Counsel: attorneys who are employees of a party to this action. House 13 Counsel does not include Outside Counsel of Record or any other outside counsel. 14 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal 15 entity not named as a Party to this action. 16 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this 17 action but are retained to represent or advise a party to this action and have appeared in this action 18 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 19 2.11 Party: any party to this action, including all of its officers, directors, employees, 20 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 21 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 22 Material in this action. 23 2.13 Professional Vendors: persons or entities that provide litigation support services 24 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and collecting, 25 processing, reviewing, organizing, hosting, storing, or retrieving data in any form or medium) and 26 their employees and subcontractors. 27 2.14 Protected Material: any Disclosure or Discovery Material that is designated as 1 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a 2 Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only Protected Material 5 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 6 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 7 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 8 However, the protections conferred by this Stipulation and Order do not cover the following 9 information: (a) any information that is in the public domain at the time of disclosure to a 10 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a 11 result of publication not involving a violation of this Order, including becoming part of the public 12 record through trial or otherwise; and (b) any information known to the Receiving Party prior to 13 the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained 14 the information lawfully and under no obligation of confidentiality to the Designating Party. Any 15 use of Protected Material at trial shall be governed by a separate agreement or order. 16 4. DURATION 17 Even after final disposition of this litigation, the confidentiality obligations imposed by this 18 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 19 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 20 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 21 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 22 including the time limits for filing any motions or applications for extension of time pursuant to 23 applicable law. 24 5. DESIGNATING PROTECTED MATERIAL 25 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 26 or Non-Party that designates information or items for protection under this Order must take care to 27 limit any such designation to specific material that qualifies under the appropriate standards. The 1 oral or written communications that qualify – so that other portions of the material, documents, 2 items, or communications for which protection is not warranted are not swept unjustifiably within 3 the ambit of this Order. 4 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 5 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 6 unnecessarily encumber or retard the case development process or to impose unnecessary 7 expenses and burdens 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 Parties that it is withdrawing the mistaken designation. 11 5.2 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 ordered, 13 Disclosure 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, 17 but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 18 Party affix the legend “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” 19 to each page that contains protected material. If only a portion or portions of the material on a 20 page qualifies for protection, the Producing Party also must clearly identify the protected 21 portion(s) (e.g., by making appropriate markings in the margins). A Party or Non-Party that makes 22 original documents or materials available for inspection need not designate them for protection 23 until after the inspecting Party has indicated which material it would like copied and produced. 24 During the inspection and before the designation, all of the material made available for inspection 25 shall be deemed “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” After 26 the inspecting Party has identified the documents it wants copied and produced, the Producing 27 Party must determine which documents, or portions thereof, qualify for protection under this 1 “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” legend to each page 2 that contains Protected Material. If only a portion or portions of the material on a page qualifies 3 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 4 making appropriate markings in the margins). 5 (b) for testimony given in deposition or in other pretrial or trial proceedings, 6 that the Designating Party identify on the record, before the close of the deposition, hearing, or 7 other proceeding, all protected testimony. 8 (c) for information produced in some form other than documentary and for any 9 other tangible items, that the Producing Party affix in a prominent place on the exterior of the 10 container or containers in which the information or item is stored the legend “CONFIDENTIAL” 11 or “CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” If only a portion or portions of the 12 information or item warrant protection, the Producing Party, to the extent practicable, shall 13 identify the protected portion(s). 14 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 15 designate qualified information or items does not, standing alone, waive the Designating Party’s 16 right to secure protection under this Order for such material. Upon timely correction of a 17 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 18 in accordance with the provisions of this Order. 19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 20 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 21 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 22 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 23 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 24 challenge a confidentiality designation by electing not to mount a challenge promptly after the 25 original designation is disclosed. 26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 27 process by providing written notice of each designation it is challenging and describing the basis 1 notice must recite that the challenge to confidentiality is being made in accordance with this 2 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 3 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 4 forms of communication are not sufficient) within 14 days of the date of service of notice. In 5 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 6 designation was not proper and must give the Designating Party an opportunity to review the 7 designated material, to reconsider the circumstances, and, if no change in designation is offered, to 8 explain the basis for the chosen designation. A Challenging Party may proceed to the next stage of 9 the challenge process only if it has engaged in this meet and confer process first or establishes that 10 the Designating Party is unwilling to participate in the meet and confer process in a timely 11 manner. 12 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 13 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 14 Civil Local Rule 251 (and in compliance with Civil Local Rule 141, if applicable) within 21 days 15 of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer 16 process will not resolve their dispute, whichever is earlier. Each such motion must be 17 accompanied by a competent declaration affirming that the movant has complied with the meet 18 and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to 19 make such a motion including the required declaration within 21 days (or 14 days, if applicable) 20 shall automatically waive the confidentiality designation for each challenged designation. In 21 addition, the Challenging Party may file a motion challenging a confidentiality designation at any 22 time if there is good cause for doing so, including a challenge to the designation of a deposition 23 transcript or any portions thereof. Any motion brought pursuant to this provision must be 24 accompanied by a competent declaration affirming that the movant has complied with the meet 25 and confer requirements imposed by the preceding paragraph. 26 The burden of persuasion in any such challenge proceeding shall be on the Designating 27 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 1 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 2 file a motion to retain confidentiality as described above, all parties shall continue to afford the 3 material in question the level of protection to which it is entitled under the Producing Party’s 4 designation until the court rules on the challenge. 5 7. ACCESS TO AND USE OF PROTECTED MATERIAL 6 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 7 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 8 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 9 the categories of persons and under the conditions described in this Order. When the litigation has 10 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 11 DISPOSITION). 12 Protected Material must be stored and maintained by a Receiving Party at a location and in 13 a secure manner that ensures that access is limited to the persons authorized under this Order. 14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 15 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 16 information or item designated “CONFIDENTIAL” only to: 17 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 18 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 19 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 20 Bound” that is attached hereto as Exhibit A; 21 (b) the officers, directors, and employees (including House Counsel) of the 22 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have 23 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (c) Experts (as defined in this Order) of the Receiving Party to whom 25 disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment 26 and Agreement to Be Bound” (Exhibit A); 27 (d) the court and its personnel; 1 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and 2 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (f) during their depositions, witnesses in the action to whom disclosure is 4 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 5 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 6 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 7 separately bound by the court reporter and may not be disclosed to anyone except as permitted 8 under this Stipulated Protective Order. Every fact witness shall be informed at the start of a 9 deposition that he or she may be shown documents designated as Protected Material and the 10 contents therein are being furnished to the witness solely for use in this litigation. Every fact 11 witness shall be shown a copy of this Order. No fact witness may retain any material designated 12 as Protected Information. 13 (g) the author or recipient of a document containing the information or a 14 custodian or other person who otherwise possessed or knew the information. 15 (h) mediators and any other third party neutrals in alternative dispute resolution 16 processes agreed by the parties or ordered by the Court. 17 7.3 Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items. 18 Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a 19 Receiving Party’s Attorney may disclose any information or item designated “CONFIDENTIAL – 20 ATTORNEYS’ EYES ONLY” only to: 21 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of 22 said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this 23 litigation; 24 (b) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for this 25 litigation, and (2) who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (c) the court and its personnel; 27 (d) court reporters and their staff; 1 (e)professional jury or trial consultants, and Professional Vendors to whom disclosure is 2 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be 3 Bound” (Exhibit A); 4 (f) mediators and any other third party neutrals in alternative dispute resolution 5 processes agreed by the parties or ordered by the Court, and his or her staff; and 6 (g) the author or recipient of a document containing the information or a custodian or other 7 person who otherwise possessed or knew the information. 8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 9 LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation that compels 11 disclosure of any information or items designated in this action as “CONFIDENTIAL” or 12 “CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” that Party must: 13 (a) promptly notify in writing the Designating Party. Such notification shall 14 include a copy of the subpoena or court order; 15 (b) promptly notify in writing the party who caused the subpoena or order to 16 issue in the other litigation that some or all of the material covered by the subpoena or order is 17 subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective 18 Order; and 19 (c) cooperate with respect to all reasonable procedures sought to be pursued by 20 the Designating Party whose Protected Material may be affected. 21 If the Designating Party timely seeks a protective order, the Party served with the subpoena 22 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 23 or “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” before a determination by the court from 24 which the subpoena or order issued, unless the Party has obtained the Designating Party’s 25 permission. The Designating Party shall bear the burden and expense of seeking protection in that 26 court of its Protected Material – and nothing in these provisions should be construed as 27 authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 2 LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non- 4 Party in this action and designated as “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS’ 5 EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is 6 protected by the remedies and relief provided by this Order. Nothing in these provisions should be 7 construed as prohibiting a Non-Party from seeking additional protections. 8 (b) A Non-Party’s use of this Order to protect its Protected Material does not 9 entitle that Non-Party access to the Protected Material produced by any Party or any other Non- 10 Party in this litigation. 11 (c) In the event that a Party is required, by a valid discovery request, to produce 12 a Non-Party’s confidential information in its possession, and the Party is subject to an agreement 13 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 14 (1) promptly notify in writing the Requesting Party and the Non-Party 15 that some or all of the information requested is subject to a confidentiality agreement with a Non- 16 Party; 17 (2) promptly provide the Non-Party with a copy of the Stipulated 18 Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific 19 description of the information requested; and 20 (3) make the information requested available for inspection by the Non- 21 Party. 22 (4) abide by the notice provisions of the agreement when disclosing the 23 Non-Party’s confidential information responsive to the discovery request. 24 (d) If the Non-Party timely seeks a protective order, the Receiving Party shall 25 not produce any information in its possession or control that is subject to the confidentiality 26 agreement with the Non-Party before a determination by the court. Absent a court order to the 27 contrary, the Non-Party shall bear the burden and expense of seeking protection in this court of its 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 3 Material to any person or in any circumstance not authorized under this Stipulated Protective 4 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 5 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 6 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 7 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 8 Agreement to Be Bound” that is attached hereto as Exhibit A. 9 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 10 MATERIAL 11 When a Producing Party gives notice to Receiving Parties that certain inadvertently 12 produced material is subject to a claim of privilege or other protection, the obligations of the 13 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 14 provision is not intended to modify whatever procedure may be established in an e-discovery order 15 that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 16 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 17 communication or information covered by the attorney-client privilege or work product protection, 18 the parties may incorporate their agreement in the stipulated protective order submitted to the 19 court. A Producing Party may assert privilege or protection over produced documents at any time 20 by notifying the Receiving Party in writing of the assertion of the privilege or protection. In 21 addition, information that contains privileged matter or attorney work product shall be 22 immediately returned if such information appears on its face to have been inadvertently produced 23 or if requested. 24 12. MISCELLANEOUS 25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 26 seek its modification by the Court in the future. 27 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 1 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 2 Party waives any right to object on any ground to use in evidence of any of the material covered 3 by this Protective Order. 4 12.3 Filing Protected Material. Without written permission from the Designating Party 5 or a court order secured after appropriate notice to all interested persons, a Party may not file in 6 the public record in this action any Protected Material. A Party that seeks to file under seal any 7 Protected Material must comply with Civil Local Rule 141. Protected Material may only be filed 8 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 9 issue. Pursuant to Civil Local Rule 141, a sealing order will issue only upon a written request upon 10 the showing required by applicable law. If a Receiving Party's request to file Protected Material 11 under seal pursuant to Civil Local Rule 141(b) is denied by the court, then the Receiving Party 12 may file the information in the public record unless otherwise instructed by the court. 13 13. FINAL DISPOSITION 14 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 15 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 16 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 17 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 18 the Protected Material is returned or destroyed, the Receiving Party must submit a written 19 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 20 by the 60-day deadline that (1) identifies (by category, where appropriate) all the Protected 21 Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained 22 any copies, abstracts, compilations, summaries or any other format reproducing or capturing any 23 of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival 24 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 25 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 26 consultant and expert work product, even if such materials contain Protected Material. Any such 27 archival copies that contain or constitute Protected Material remain subject to this Protective Order 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 || DATED: December 3, 2021 COBLENTZ PATCH DUFFY & BASS LLP 4 By: /s/ Howard A. Slavitt HOWARD A. SLAVITT 5 Attorneys for Plaintiffs SACRAMENTO DOWNTOWN ARENA LLC; 6 SACRAMENTO KINGS LIMITED 7 PARTNERSHIP; SAC MUB1 HOTEL, LLC; and SGD RETAIL LLC DATED: November 30, 2021 CARLSON, CALLADINE & PETERSON LLP DQ 10 By: fe 11 LISA L. KIRK Attorneys for Defendant g = 12 FACTORY MUTUAL INSURANCE CoO. ORDER 3 14 Pursuant to the parties’ stipulation, IT IS SO ORDERED. IS IT IS FURTHER ORDERED THAT: 2 16 1. Requests to seal documents shall be made by motion before the same judge who will > "7 decide the matter related to that request to seal. € 2 18 2. The designation of documents (including transcripts of testimony) as confidential 19 pursuant to this order does not automatically entitle the parties to file such a document with the oO 20 court under seal. Parties are advised that any request to seal documents in this district is governed 21 by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a 22 written order of the court after a specific request to seal has been made. L.R. 141(a). However, a 23 mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires 24 that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, 25 the requested duration, the identity, by name or category, of persons to be permitted access to the 26 document, and all relevant information.” L.R. 141(b). a7 3. A request to seal material must normally meet the high threshold of showing that 28 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially

1 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 2 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana 3 v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 4 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 5 certain documents, at any court hearing or trial – such determinations will only be made by the 6 court at the hearing or trial, or upon an appropriate motion. 7 5. With respect to motions regarding any disputes concerning this protective order which 8 the parties cannot informally resolve, the parties shall follow the procedures outlined in Local 9 Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex 10 parte basis or on shortened time. 11 6. The parties may not modify the terms of this Protective Order without the court’s 12 approval. If the parties agree to a potential modification, they shall submit a stipulation and 13 proposed order for the court’s consideration. 14 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement 15 of the terms of this Protective Order after the action is terminated. 16 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 17 hereby DISAPPROVED. 18 DATED: December 10, 2021 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of _________________ 4 [print or type full address], declare under penalty of perjury that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the United States District Court for 6 the Eastern District of California on ____________________ in the case of , Sacramento 7 Downtown Arena LLC v. Factory Mutual Insurance Company, Case No. 2:21-cv-00441-KJM-DB 8 in the United States District Court for the Eastern District of California, Sacramento Division. I 9 agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I 10 understand and acknowledge that failure to so comply could expose me to sanctions and 11 punishment 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 person or entity 13 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 Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective 16 Order, even if such enforcement proceedings occur after termination of this action. 17 I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and telephone number] 19 as my California agent for service of process in connection with this action or any proceedings 20 related to enforcement of this Stipulated Protective Order. 21

22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 Printed name: _______________________________ 25 Signature: __________________________________ 26