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1 || Kirk Pasich (SBN 94242) KPasich@PasichLLP.com 2 Pamela Woods (SBN 101520) PWoods@PasichLLP.com 3 || Christopher Pasich (SBN 299191) 4 CPasich@PasichLLP.com Caitlin S. Oswald (SBN 330974) 5, || COswald@PasichLLP.com PASICH LLP 6 || 10880 Wilshire Boulevard, Suite 2000 Los Angeles, California 90024 7 || Telephone: 313-7860 8 Facsimile: (424) 313-7890 9 || Attorneys for Plaintiff 10 11 UNITED STATES DISTRICT COURT re 12 CENTRAL DISTRICT OF CALIFORNIA C) 13 || VIACOMCBS INC., a Delaware Case No. 2:21-cv-00400-ODW- 1 corporation, AFM wy 15 Plaintiff, STIPULATED PROTECTIVE Os 16 V. ORDER 17 || GREAT DIVIDE INSURANCE 18 || COMPANY, a North Dakota corporation, 19 Defendant. 20 91 | AND RELATED COUNTERCLAIM 22 23 24/1. PURPOSES AND LIMITATIONS 25 Discovery in this action is likely to involve production of 26 || confidential, proprietary and/or private or personal information for which 27 □□ special protection from public disclosure and from use for any purpose 28 other than prosecuting this litigation is warranted. STIPULATED PROTECTIVE ORDER
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1 Accordingly, the parties hereby stipulate to and petition the Court 2. ||to enter the following Stipulated Protective Order. The parties 3 ||acknowledge that this Order does not confer blanket protections on all 4 || disclosures or responses to discovery and that the protection it affords 5 ||from public disclosure and use extends only to the limited information or 6 ||items that are entitled to confidential treatment under the applicable 7 || legal principles. 8|/2. GOOD CAUSE STATEMENT 9 This Action is likely to involve discovery of confidential, 10 || proprietary, and/or sensitive private or personal information for which 11 || special protection from public disclosure and from use for any purpose 12 || other than prosecuting this action is warranted. Oo 13 Such confidential, proprietary, and sensitive materials and -— 14|/information consist of, among other things, confidential business or x 15 || financial information, information regarding confidential business Os 16]! practices, or other confidential commercial information, sensitive 17 || personal information (including information implicating privacy rights of 18 third parties), information otherwise generally unavailable to the public, 19 ||or information which may be privileged or otherwise protected from 20 || disclosure under state or federal statutes, court rules, case decisions, or 21 |}common law. 22 Accordingly, to expedite the flow of information, to facilitate the 23 || prompt resolution of disputes over the confidentiality of discovery 24 || materials, to adequately protect information the parties are entitled to 25 || keep confidential, to ensure that the parties are permitted reasonable 26 || necessary uses of such material in preparation for and in the conduct of 27 || trial, to address their handling at the end of the litigation, and serve the 28 || ends of justice, a protective order for such information is justified in this —_———saporaTep PROTECTIVE ORDER
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1 ||matter. It is the intent of the parties that information will not be 2 || designated as confidential for tactical reasons and that nothing be so 3 || designated without a good faith belief that it has been maintained in a 4 || confidential, non-public manner, and there is good cause why it should 5 ||not be part of the public record of this case. Neither party has yet agreed 6 ||that any particular document or type of document is subject to protection 7 || hereunder and each reserves all rights to object to a designation. 8|/3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING 9 UNDER SEAL 10 The parties further acknowledge, as set forth in Section 12.3, 11 || below, that this Stipulated Protective Order does not entitle them to file re 12 || confidential information under seal; Local Civil Rule 79-5 sets forth the Oo 13 || procedures that must be followed and the standards that will be applied -— 14|/when a party seeks permission from the Court to file material under x 15 || seal. Os 16 There is a strong presumption that the public has a right of access 17 || to judicial proceedings and records in civil cases. In connection with non- 18 || dispositive motions, good cause must be shown to support a filing under 19 ||seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 20 || 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210- 21 || 11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 22 ||577 (E.D. Wis. 1999) (even stipulated protective orders require good 23 ||cause showing). Furthermore, a specific showing of good cause or 24 ||compelling reasons with proper evidentiary support and legal 25 || justification, must be made with respect to Protected Material (defined 26 || below) that a party seeks to file under seal. The parties’ mere 27 || designation of Disclosure or Discovery Material as CONFIDENTIAL or 28 || HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY does not— —_————saporaTap PROTECT ORDER
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1 || without the submission of competent evidence by declaration, 2 || establishing that the material sought to be filed under seal qualifies as 3 ||confidential, privileged, or otherwise protectable—constitute good cause. 4 Further, if a party requests sealing related to a dispositive motion 5 |lor trial, then compelling reasons, not only good cause, for the sealing 6 ||must be shown, and the relief sought shall be narrowly tailored to serve 7 □□ □□□ specific interest to be protected. See Pintos v. Pacific Creditors Ass‘n, 8 ||605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of 9 ||information, document, or thing sought to be filed or introduced under 10 || seal in connection with a dispositive motion or trial, the party seeking 11 || protection must articulate compelling reasons, supported by specific facts re 12 || and legal justification, for the requested sealing order. Again, competent Oo 13 || evidence supporting the application to file documents under seal must be - 14] provided by declaration. x 15 Any document that is not confidential, privileged, or otherwise ©s 16||protectable in its entirety will not be filed under seal if the confidential 17 || portions can be redacted. If documents can be redacted, then a redacted 18 || version for public viewing, omitting only the confidential, privileged, or 19 || otherwise protectable portions of the document, shall be filed. Any 20 || application that seeks to file documents under seal in their entirety 21 || should include an explanation of why redaction is not feasible. 22||4. DEFINITIONS 23 4.1 Action: this pending federal lawsuit. 24 4.2 Challenging Party: a Party or Non-Party that challenges the 25 || designation of information or items under this Order. 26 4.3 CONFIDENTIAL Information or Items: information 27 || (regardless of how it is generated, stored or maintained) or tangible 28 STIPULATED PROTECTIVE ORDER
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1 || things that qualify for protection under Federal Rule of Civil Procedure 2 ||26(c), and as specified above in the Good Cause Statement. 3 4.4 Counsel: Outside Counsel of Record and House Counsel (as 4 || well as their support staff). 5 4.5 Designating Party: a Party or Non-Party that designates 6 ||information or items that it produces in disclosures or in responses to 7 || discovery as CONFIDENTIAL or HIGHLY CONFIDENTIAL — 8 | ATTORNEYS’ EYES ONLY 9 4.6 Disclosure or Discovery Material: all items or information, 10 || regardless of the medium or manner in which it is generated, stored, or 11 || maintained including, among other things, testimony, transcripts, and re 12 ||tangible things that are produced or generated in disclosures or O 13 || responses to discovery in this matter. □□ 14 4.7 Expert: a person with specialized knowledge or experience in x 15 ||}a matter pertinent to the litigation who has been retained by a Party or Os 16/lits counsel to serve as an expert witness or as a consultant in this Action. 17 4.8 HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY 18 || Information or Items: extremely sensitive “CONFIDENTIAL” 19 || Information or Items, the disclosure of which to another Party or Non- 20 || Party would create a substantial risk of serious harm that could not be 21 || avoided by less restrictive means. 22 4.9 House Counsel: attorneys who are employees of a Party to 23 ||this Action. House Counsel does not include Outside Counsel of Record or 24 || any other outside counsel. 25 4.10 Non-Party: any natural person, partnership, corporation, 26 || association, or other legal entity not named as a Party to this Action. 27 4.11 Outside Counsel: attorneys who are not employees of a Party 28 || to this Action but are retained to represent or advise a Party to this —__————saporaTap PROTECTIVE ORDER
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1 || Action including those who have appeared in this Action on behalf of that 2 || Party or are affiliated with a law firm that has appeared on behalf of 3 ||that Party, including support staff. 4 4.12 Party: any party to this Action. 5 4.13 Producing Party: a Party or Non-Party that produces 6 || Disclosure or Discovery Material in this Action. 7 4.14 Professional Vendors: persons or entities that provide 8 || litigation support services (e.g., photocopying, videotaping, translating, 9 || preparing exhibits or demonstrations, and organizing, storing, or 10 || retrieving data in any form or medium) and their employees and 11 || subcontractors. re 12 4.15 Protected Material: any Disclosure or Discovery Material C) 13 || that is designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL -- 14)}ATTORNEYS’ EYES ONLY. x 15 4.16 Receiving Party: a Party that receives Disclosure or ©s 16]| Discovery Material from a Producing Party. 17||5. SCOPE 18 The protections conferred by this Stipulation and Order cover not 19 ||only Protected Material (as defined above), but also (1) any information 20 || copied or extracted from Protected Material; (2) all copies, excerpts, 21 ||summaries, or compilations of Protected Material; and (3) any testimony, 22 || conversations, or presentations by the Parties, House Counsel, or 23 || Outside Counsel that might reveal Protected Material. 24 Any use of Protected Material at trial shall be governed by the 25 || orders of the trial judge and other applicable authorities. This Order 26 || does not govern the use of Protected Material at trial. 27 28 STIPULATED PROTECTIVE ORDER
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1/6. DURATION 2 Once a case proceeds to trial, information that was designated as 3 || CONFIDENTIAL, HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 4 || ONLY, or maintained pursuant to this protective order that 1s used or 5 || introduced as an exhibit at trial becomes public and will be 6 || presumptively available to all members of the public, including the press, 7 || unless compelling reasons supported by specific factual findings to 8 || proceed otherwise are made to the trial judge in advance of the trial. See 9 || Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for 10 || sealing documents produced in discovery from “compelling reasons” 11 ||standard when merits-related documents are part of court record). 12 With respect to information produced under this Order but not O 13 || used at trial, even after final disposition of this litigation, the 4 |/confidentiality obligations imposed by this Order will remain in effect x 15 || until a Designating Party agrees otherwise in writing or a court order ©s 16||otherwise directs. Final disposition will be deemed to be the later of (1) 17 || dismissal of all claims and defenses in this Action, with or without 18 || prejudice; and (2) final judgment herein after the completion and 19 || exhaustion of all appeals, rehearings, remands, trials, or reviews of this 20 || Action, including the time limits for filing any motions or applications for 21 || extension of time pursuant to applicable law. 22||7. DESIGNATING PROTECTED MATERIAL 23 7.1 Exercise of Restraint and Care in Designating Material for 24 || Protection. Each Party or Non-Party that designates information or 25 ||items for protection under this Order must take care to limit any such 26 || designation to specific material that qualifies under the appropriate 27 ||standards. The Designating Party must designate for protection only 28 □□ those parts of material, documents, items, or oral or written —__—_———saporaTap PROTECTIVE ORDER
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1 || communications that qualify so that other portions of the material, 2 ||documents, items, or communications for which protection is not 3 || warranted are not swept unjustifiably within the ambit of this Order. 4 Mass, indiscriminate, or routinized designations are prohibited. 5 || Designations that are shown to be clearly unjustified or that have been 6 || made for an improper purpose (e.g., to unnecessarily encumber the case 7 || development process or to impose unnecessary expenses and burdens on 8 ||}other Parties) may expose the Designating Party to sanctions. 9 If it comes to a Designating Party’s attention that information or 10 ||items that it designated for protection do not qualify for protection, that 11 || Designating Party must promptly notify all other Parties that it is re 12 || withdrawing the inapplicable designation. O 13 7.2. Manner and Timing of Designations. Except as otherwise - provided in this Order (see, e.g., second paragraph of section 7.2(a) x 15 || below), or as otherwise stipulated or ordered, Disclosure or Discovery Os 16/]|Material that qualifies for protection under this Order must be clearly so 17 || designated before the material is disclosed or produced. 18 Designation in conformity with this Order requires: 19 (a) for information in documentary form (e.g., paper or 20 || electronic documents, but excluding transcripts of depositions or other 21 || pretrial or trial proceedings), that the Producing Party affix at a 22 minimum, the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 23 || -- ATTORNEYS’ EYES ONLY” (hereinafter “CONFIDENTIAL Legend”), 24 ||to each page that contains protected material. If only a portion or 25 || portions of the material on a page qualifies for protection, the Producing 26 || Party also must clearly identify the protected portion(s) (e.g., by making 27 ||appropriate markings in the margins). 28 STIPULATED PROTECTIVE ORDER
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1 A Party or Non-Party that makes original documents available for 2 ||inspection need not designate them for protection until after the 3 ||inspecting Party has indicated which documents it would like copied and 4 || produced. During the inspection and before the designation, all of the 5 material made available for inspection will be deemed 6 || “CONFIDENTIAL?” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ 7 || EYES ONLY.” After the inspecting Party has identified the documents 8 ||it wants copied and produced, the Producing Party must determine 9 || which documents, or portions thereof, qualify for protection under this 10 || Order. Then, before producing the specified documents, the Producing 11 || Party must affix the CONFIDENTIAL Legend to each page that contains re 12 || Protected Material. If only a portion or portions of the material on a Oo 13 || page qualifies for protection, the Producing Party also must clearly 4 14 |lidentify the protected portion(s) (e.g., by making appropriate markings in x 15 ||the margins). Ps 16 (b) for testimony given in depositions, that the Designating 17 || Party identify the Disclosure or Discovery Material on the record, before 18 || the close of the deposition or in writing within thirty (80) days of its 19 || receipt of the transcript. 20 (c) for information produced in some form other than 21 documentary form and for any other tangible items, that the Producing 22 || Party affix in a prominent place on the exterior of the container or 23 || containers in which the information is stored the CONFIDENTIAL 24 || Legend. If only a portion or portions of the information warrants 25 || protection, the Producing Party, to the extent practicable, shall identify 26 || the protected portion(s). 27 7.3 Inadvertent Failures to Designate. If timely corrected, an 28 ||inadvertent failure to designate qualified information or items does not, —_———saporaTap PROTECTIVE ORDER
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1 || standing alone, waive the Designating Party’s right to secure protection 2 ||under this Order for such material. Upon timely correction of a 3 || designation, the Receiving Party must make reasonable efforts to assure 4 ||that the material is treated in accordance with the provisions of this 5 || Order. 6|/8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 7 8.1 Timing of Challenges. Any Party or Non-Party may challenge 8 ||a designation of confidentiality at any time that is consistent with the 9 || Court’s Scheduling Order. 10 8.2 Meet and Confer. The Challenging Party shall initiate the 11 || dispute resolution process under Local Rule 37-1 et seq. 12 8.3 Joint Stipulation. Any challenge submitted to the Court shall Oo 13 || be via a joint stipulation pursuant to Local Rule 37-2. r 14 8.4 Burden. The burden of persuasion in any such challenge x 15 || proceeding shall be on the Designating Party. Frivolous challenges, and Os 16/]|those made for an improper purpose (e.g., to harass or impose 17 || unnecessary expenses and burdens on other parties) may expose the 18 || Challenging Party to sanctions. Unless the Designating Party has 19 || waived or withdrawn the applicable confidentiality designation, all 20 || parties shall continue to afford the material in question the level of 21 || protection to which it is entitled under the Producing Party’s designation 22 || until the Court rules on the challenge. 23/19. ACCESS TO AND USE OF PROTECTED MATERIAL 24 9.1 Basic Principles. A Receiving Party may use Protected 25 || Material that is disclosed or produced by another Party or by a Non- 26 || Party in connection with this Action only for prosecuting, defending, or 27 || attempting to settle this Action. Such Protected Material may be 28 || disclosed only to the categories of persons and under the conditions —_—_———sapoLaTap PROTECTIVE ORDER
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1 || described in this Order. When the Action has been terminated, a 2 || Receiving Party must comply with the provisions of section 15 below 3 || (FINAL DISPOSITION). 4 Protected Material must be stored and maintained by a Receiving 5 || Party at a location and in a secure manner that ensures that access is 6 || limited to the persons authorized under this Order. 7 9.2 Disclosure of CONFIDENTIAL Information or Items. Unless 8 || otherwise ordered by the Court, a Receiving Party may disclose any 9 ||information or item designated “CONFIDENTIAL?” only to: 10 (a) the Receiving Party’s Outside Counsel, as well as 11 ||employees of said Outside Counsel to whom it is reasonably necessary to 12 || disclose the information for this Action; Oo 13 (b) the officers, directors, and employees (including House -— 14]|| Counsel) of the Receiving Party to whom disclosure is reasonably x 15 || necessary for this Action; Ps» 16 (c) Experts (as defined in this Order) of the Receiving Party 17 ||to whom disclosure is reasonably necessary for this Action and who have 18 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (d) the Court and its personnel; 20 (e) court reporters and their staff; 21 (f) professional jury or trial consultants, mock jurors, and 22 || Professional Vendors to whom disclosure is reasonably necessary for this 23 || Action and who have signed the “Acknowledgment and Agreement to Be 24 || Bound” (Exhibit A); 25 (g) the author or recipient of a document containing the 26 ||information or a custodian or other person who otherwise possessed or 27 || knew the information; 28 11 STIPULATED PROTECTIVE ORDER
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1 (h) during deposition, the witness, and attorneys for the 2 || witness, in the Action to whom disclosure is reasonably necessary 3 || provided: (1) the deposing Party requests that the witness sign the form 4 || attached as Exhibit A hereto; and (2) the witness will not be permitted to 5 keep any confidential information unless the witness signs the 6 ||“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 7 || otherwise agreed by the Designating Party or ordered by the Court. 8 || Pages of transcribed deposition testimony or exhibits to depositions that 9 || reveal Protected Material may be separately bound by the court reporter 10 ||and may not be disclosed to anyone except as permitted under this 11 || Stipulated Protective Order; re 12 (i) any mediator or settlement officer, and their supporting Oo 13 || personnel, mutually agreed upon by the Parties engaged in settlement — 14 || discussions; and x 15 (j) any other person that the Designating Party agrees to in Os 16] writing. 17 9.3 Before disclosure of CONFIDENTIAL Information or Items to 18 || any person in categories c, f, h, and/or ] above, each such person will be 19 || provided with a copy of this Protective Order and shall execute a Non- 20 || Disclosure Agreement (Exhibit A). The qualified persons listed above 21 ||shall not distribute, disclose, or otherwise publish or make available 22 || CONFIDENTIAL Information or Items to any third person unless 23 || consented to in writing by the Designating Party, or permitted to do so 24 the Court. 25 9.4 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ 26 || EYES ONLY” Information or Items. Unless otherwise ordered by the 27 || Court, a Receiving Party may disclose any information or item 28 12 STIPULATED PROTECTIVE ORDER
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1 || designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” 2 || only to: 3 (a) the Receiving Party’s Outside counsel of record in this 4 || Action, as well as employees of said counsel to whom it is reasonably 5 ||necessary to disclose the information for this Action; 6 (b) Experts (as defined in this Order) of the Receiving Party 7 ||to whom disclosure is reasonably necessary for this Action and who have 8 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (c) the Court and its personnel; 10 (d) court reporters and their staff; 11 (e) professional jury or trial consultants, mock jurors, and 12 || Professional Vendors to whom disclosure is reasonably necessary for this Oo 13 || Action and who have signed the “Acknowledgment and Agreement to Be 4 14]| Bound” (Exhibit A); x 15 (f) the author or recipient of a document containing the ©s |/information or a custodian or other person who otherwise possessed or 17 || knew the information; 18 (g) any mediator or settlement officer, and their supporting 19 || personnel, mutually agreed upon by the Parties engaged in settlement 20 || discussions; and 21 (h) any other person that the Designating Party agrees to in 22 || writing. 23 9.5 Before disclosure of HIGHLY CONFIDENTIAL -- 24 || ATTORNEYS’ EYES ONLY Information or Items to any person in 25 || categories b, e, and/or h above, each such person will be provided with a 26 || copy of this Protective Order and shall execute a Non-Disclosure 27 || Agreement (Exhibit A). The qualified persons listed above shall not 28 || distribute, disclose, or otherwise publish or make available HIGHLY —_————saporaTap PROTECTIVE ORDER
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1 || CONFIDENTIAL -- ATTORNEYS’ EYES ONLY Information or Items to 2 ||any third person unless consented to in writing by the Designating 3 || Party, or permitted to do so by the Court. 4 9.6 Nothing in this Order shall prevent or otherwise restrict 5 ||counsel from rendering advice to their clients and, in the course of doing 6 □□ □□□ rely generally on Protected Material, provided that in rendering such 7 || advice, counsel shall not disclose the specific contents of Protected 8 || Material except as otherwise allowed by this Order. 9/110. PROTECTED MATERIAL SUBPOENAED OR ORDERED 10 PRODUCED IN OTHER LITIGATION 11 If a Party is served with a subpoena or a court order issued in other 12 || litigation that compels disclosure of any information or items designated O 13 |j/in this Action as CONFIDENTIAL or HIGHLY CONFIDENTIAL — r+ 14) ATTORNEYS’ EYES ONLY, that Party must: x 15 (a) promptly notify in writing the Designating Party. Such ©s 16/]|notification shall include a copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the 18 || subpoena or order to issue in the other litigation that some or all of the 19 || material covered by the subpoena or order is subject to this Protective 20 || Order. Such notification shall include a copy of this Stipulated Protective 21 || Order; and 22 (c) cooperate with respect to all reasonable procedures 23 || sought to be pursued by the Designating Party whose Protected Material 24 || may be affected. 25 If the Designating Party timely seeks a protective order, the Party 26 || served with the subpoena or court order will not produce any information 27 || designated in this action as CONFIDENTIAL or HIGHLY 28 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY before a determination —_———sapoLaTEp PROTECTIVE ORDER
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1 || by the court from which the subpoena or order issued, unless the Party 2 ||has obtained the Designating Party’s permission. The Designating Party 3 || will bear the burden and expense of seeking protection in that court of its 4 || confidential material and nothing in these provisions should be 5 ||construed as authorizing or encouraging a Receiving Party in this Action 6 ||to disobey a lawful directive from another court. 7\|11. ANON-PARTYS PROTECTED MATERIAL SOUGHT TO BE 8 PRODUCED IN THIS LITIGATION 9 (a) The terms of this Order are applicable to information 10 || produced by a Non-Party in this Action and designated as 11 || CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 12 |} ONLY. Such information produced by Non-Parties in connection with Oo 13 □□ this litigation is protected by the remedies and relief provided by this -— 14|/Order. Nothing in these provisions should be construed as prohibiting a x 15 || Non-Party from seeking additional protections. Ps 16 (b) Inthe event that a Party is required, by a valid 17 || discovery request, to produce a Non-Party’s confidential information in 18 ||its possession, and the Party is subject to an agreement with the Non- 19 || Party not to produce the Non-Party’s confidential information, then the 20 || Party shall: 21 (1) promptly notify in writing the Requesting Party 22 ||and the Non-Party that some or all of the information requested is 23 || subject to a confidentiality agreement with a Non-Party; 24 (2) promptly provide the Non-Party with a copy of the 25 || Stipulated Protective Order in this Action, the relevant discovery 26 ||request(s), and a reasonably specific description of the information 27 ||requested; and 28 15 STIPULATED PROTECTIVE ORDER
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1 (3) make the information requested available for 2 ||inspection by the Non-Party, if requested. 3 (c) Ifthe Non-Party fails to seek a protective order from 4||this Court within 14 days of receiving the notice and accompanying 5 ||information, the Receiving Party may produce the Non-Party’s 6 || confidential information responsive to the discovery request. If the Non- 7 || Party timely seeks a protective order, the Receiving Party shall not 8 || produce any information in its possession or control that is subject to the 9 confidentiality agreement with the Non-Party before a determination by 10 ||the Court. Absent a court order to the contrary, the Non-Party shall 11 || bear the burden and expense of seeking protection in this Court of its re 12 || Protected Material. O 13|}12. UNAUTHORIZED DISCLOSURE OF PROTECTED rr 14 MATERIAL x 15 If a Receiving Party learns that, by inadvertence or otherwise, it Os 16/]|has disclosed Protected Material to any person or in any circumstance 17 ||not authorized under this Stipulated Protective Order, the Receiving 18 || Party must immediately (a) notify in writing the Designating Party of 19 ||the unauthorized disclosures, (b) use its best efforts to retrieve all 20 || unauthorized copies of the Protected Material, (c) inform the person or 21 || persons to whom unauthorized disclosures were made of all the terms of 22 ||this Order, and (d) request such person or persons to execute the 23 ||“Acknowledgment and Agreement to Be Bound” that is attached hereto 24 |las Exhibit A. 25 26 27 28 16 STIPULATED PROTECTIVE ORDER
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1/18. INADVERTENT PRODUCTION OF PRIVILEGED OR 2 OTHERWISE PROTECTED MATERIAL 3 If a Producing Party inadvertently produces information or 4 documents that it considered privileged, in whole or in part, it may 5 ||retrieve such information or documents or parts thereof as follows: 6 (a) Within twenty (20) days of the discovery of the 7 ||inadvertent production, and no later than forty-five (45) days prior to 8 || trial, the Producing Party must give written notice to all parties who 9 ||received copies of the produced document that the Producing Party 10 ||claims said document, in whole or in part, to be privileged and must 11 || state the nature of the privilege; in the event that only part(s) of 12 || document(s) are claimed to be privileged, the Producing Party shall Oo 13 || furnish redacted copies of such privileged documents, removing only the 4 14||part(s) thereof claimed to be privileged, to all parties together with the x 15 || notice (the “Inadvertent Production of Privileged Materials Notice”). Os 16 (b) Upon receipt of such Inadvertent Production of 17 || Privileged Materials Notice, all parties who have received copies of the 18 || inadvertently produced document(s) shall destroy all other copies thereof 19 || and confirm destruction thereof except to the extent reasonably 20 || necessary to promptly present the information to the Court under seal 21 || for a determination of the claim pursuant to Federal Rule of Civil 22 || Procedure 26(b)(5)(B). 23 (c) After service of such notice, no motion to compel the 24 || production of the inadvertently produced privileged documents may rely 25 ||/on an allegation that any privilege as to the documents was waived 26 || solely by virtue of its inadvertent production. 27 28 17 STIPULATED PROTECTIVE ORDER
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1/14. MISCELLANEOUS 2 14.2 Right to Further Relief. Nothing in this Order abridges the 3 ||right of any person to seek its modification by the Court in the future. 4 14.3 Right to Assert Other Objections. By stipulating to the entry 5 || of this Protective Order, no Party waives any right it otherwise would 6 || have to object to disclosing or producing any information or item on any 7 || ground not addressed in this Stipulated Protective Order. Similarly, no 8 || Party waives any right to object on any ground to use in evidence of any 9 || of the material covered by this Protective Order. 10 14.4 Filing Protected Material. A Party that seeks to file under 11 seal any Protected Material must comply with Local Civil Rule 79-5. 12 || Protected Material may only be filed under seal pursuant to a court order O 13 || authorizing the sealing of the specific Protected Material at issue. Ifa -— Party’s request to file Protected Material under seal is denied by the x 15 || Court, then the Receiving Party may file the information in the public ©: 16]|record unless otherwise instructed by the Court. 17|/|15. FINAL DISPOSITION 18 After the final disposition of this Action, as defined in paragraph 4, 19 || within 60 days of a written request by the Designating Party, each 20 || Receiving Party must return all Protected Material to the Producing 21 || Party or destroy such material. As used in this subdivision, “all 22 || Protected Material” includes all copies, abstracts, compilations, 23 summaries, and any other format reproducing or capturing any of the 24 || Protected Material. Whether the Protected Material is returned or 25 || destroyed, the Receiving Party must submit a written certification to the 26 || Producing Party (and, if not the same person or entity, to the 27 || Designating Party) by the 60 day deadline that (1) identifies (by 28 || category, where appropriate) all the Protected Material that was —__—_———saporaTap PROTECTIVE ORDER
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1 ||/returned or destroyed, and (2) affirms that the Receiving Party has not 2 ||retained any copies, abstracts, compilations, summaries or any other 3 || format reproducing or capturing any of the Protected Material. 4 || Notwithstanding this provision, counsel are entitled to retain an archival 5 copy of all pleadings, motion papers, trial, deposition, and hearing 6 || transcripts, legal memoranda, correspondence, deposition and trial 7 ||exhibits, expert reports, attorney work product, and consultant and 8 ||expert work product, even if such materials contain Protected Material. 9 || Any such archival copies that contain or constitute Protected Material 10 remain subject to this Protective Order as set forth in Section 6 11 || (DURATION). re 12|}16. VIOLATION Oo 13 Any willful or reckless violation of this Order may be punished by -— 14|/any and all appropriate measures including, without limitation, x 15 ||contempt proceedings and/or monetary sanctions, or other appropriate 16|]/action at the discretion of the Court. 17 18 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 19 || DATED: February 28, 2022 PASICH LLP 20 By: /s/ Pamela Woods 21 Pamela Woods 22 Attorneys for Plaintiff 23 || DATED: February 28, 2022 SELMAN BREITMAN LLP 24 By: /s/ Sara J. Savage 25 Sara J. Savage 26 Attorneys for Defendant 27 28 19 STIPULATED PROTECTIVE ORDER
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1 ATTESTATION 2 Pursuant to L.R. 5-4.3.4, I hereby attest that all other signatories 3 || listed, and on whose behalf the filing is submitted, concur in the filing’s 4 ||content and have authorized the filing. I further attest that I have on 5 || file documentation of her authorization. 6 || DATED: February 28, 2022 = PASICH LLP a By: /s/ Pamela Woods 8 Pamela Woods 9 Attorneys for Plaintiff 10 11 ORDER = 12 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. C) 13 k r— 14)//DATE: 2/28/2022 ( 10 4 Nox —— ee x 15 Ps 16 HON. ALEXANDER F. MacKINNON 7 United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 20 STIPULATED PROTECTIVE ORDER
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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], of 4 || [print or type full address], declare under penalty of perjury that I have 5 ||read in its entirety and understand the Stipulated Protective Order that 6 || was issued by the United States District Court for the Central District of 7 || California on [date] in the case of VicomCBS Inc. v. 8 || Great Divide Insurance Co., Case No. 2:21-cv-00400-ODW-AFM. I agree 9 ||to comply with and to be bound by all the terms of this Stipulated 10 || Protective Order and I understand and acknowledge that failure to so 11 ||comply could expose me to sanctions and punishment in the nature of 12 ||contempt. I solemnly promise that I will not disclose in any manner any Oo 13 ||information or item that is subject to this Stipulated Protective Order to -— 14|/any person or entity except in strict compliance with the provisions of x 15 ||this Order. I further agree to submit to the jurisdiction of the United 16]|States District Court for the Central District of California for the 17 || purpose of enforcing the terms of this Stipulated Protective Order, even 18 ||if such enforcement proceedings occur after termination of this Action. 19 I hereby appoint [full name] of 20 [full address and 21 || telephone number] as my California agent for service of process 1n 22 ||connection with this Action or any proceedings related to enforcement of 23 ||this Stipulated Protective Order. 24 || Date: 25 || City and State where sworn and signed: 96 || Printed name: 27 || Signature: 28 21 STIPULATED PROTECTIVE ORDER