Yasir Anwar v. American Alternative Insurance Corporation

• Court: District Court, C.D. California
• Decided: February 14, 2024
• Docket: 2:23-cv-09072
• Status: Unknown

Opinion

1 CALLAHAN & BLAINE, APLC 2 Edward Susolik, Esq. (SBN 151081) ES@callahan-law.com 3 Sharon T, Yuen, Esq. (SBN 228356) syuen@callahan-law.com 4 3 Hutton Centre Drive, Ninth Floor Santa Ana, California 92707 5 Telephone: (714) 241-4444 Facsimile: (714) 241-4445 6 7 Attorneys for Plaintiffs/Cross-Defendants YASIR ANWAR, MAYRA ANWAR, YASIR ANWAR AND 8 MAYRA ANWAR AS TRUSTEES OF THE ANWAR FAMILY TRUST DATED MARCH 12, 2012 9

10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT COURT OF CALIFORNIA 12

13 YASIR ANWAR, MAYRA ANWAR, CASE NO. 2:23cv-09072-DSF-AJR 14 YASIR ANWAR AND MAYRA ANWAR AS TRUSTEES OF THE [PROPOSED] STIPULATED 15 ANWAR FAMILY TRUST DATED PROTECTIVE ORDER MARCH 12, 2012, 16 Judge: Hon. Dale S. Fischer Plaintiffs, Magistrate: Hon. A. Joel Richlin 17 v. Complaint Filed: LASC: 02/10/2023 18 Trial Date: May 27, 2025 AMERICAN ALTERNATIVE INSURANCE CORPORATION, a 19 Delaware Corporation, and DOES 1 through 10, inclusive, 20

Defendants, 21

22 AMERICAN ALTERNATIVE 23 INSURANCE CORPORATION, a Delaware Corporation, 24 Cross-Complainant, 25 v. 26

YASIR ANWAR, MAYRA ANWAR, 27 YASIR ANWAR AND MAYRA ANWAR AS TRUSTEES OF THE 28 1 ManAd RMCAHR 1K2 ,V 2E0R12D, UJEGSOU S CORTEZ, 2 Cross-Defendants. 3

4 5

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 TO THE HONORABLE COURT, AND TO ALL PARTIES AND THEIR 2 ATTORNEYS OF RECORD: 3 Plaintiffs Yasir Anwar, Mayra Anwar, Yasir Anwar and Mayra Anwar as 4 Trustees of the Anwar Family Trust Dated March 12, 2012 (collectively, “Anwar 5 Parties”) and Defendant and Cross-Complainant American Alternative Insurance 6 Corporation (“AAIC”), by and through their respective undersigned attorneys of 7 record, stipulate and agree as follows: 8 1. GENERAL 9 1.1 Purposes and Limitations. Discovery in this action is likely to involve 10 production of attorney-client, confidential, proprietary, financial or private 11 information for which special protection from public disclosure and from use for any 12 purpose other than prosecuting this litigation may be warranted. Accordingly, the 13 Anwar Parties and AAIC (collectively, the “Parties”) hereby stipulate to and petition 14 the Court to enter the following Stipulated Protective Order. The Parties acknowledge 15 that this Order does not confer blanket protections on all disclosures or responses to 16 discovery and that the protection it affords from public disclosure and use extends 17 only to the limited information or items that are entitled to confidential treatment 18 under the applicable legal principles. The parties further acknowledge, as set forth in 19 Section 12.3, below, that this Stipulated Protective Order does not entitle them to file 20 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 21 that must be followed and the standards that will be applied when a party seeks 22 permission from the court to file material under seal. 23 Any other party or non-party to this action who has not executed this 24 Stipulation and Protective Order as of the time it is presented to the Court for signature 25 may thereafter become a Party to this Stipulated Protective Order, with appropriate 26 modification preserving and protecting information designated as “HIGHLY 27 CONFIDENTIAL,” by all counsel signing and dating a copy of any such modified or 28 amended Stipulation and Protective Order and filing the same with the Court. 1 1.2 Good Cause Statement. 2 This action is likely to involve privileged, confidential, personal, business, 3 proprietary and financial information, and confidential settlement information for 4 which special protection from public disclosure and from use for any purpose other 5 than litigating this action is warranted. 6 This case involves an insurance coverage dispute brought by the Anwar Parties 7 against AAIC, and AAIC’s cross-claims against the Anwar Parties and claims against 8 third party defendants MARK VERDUGO (“Verdugo”) and JESUS CORTEZ 9 (“Cortez”). This coverage dispute involves the Parties’ respective rights and 10 obligations under an insurance policy issued by AAIC to the Anwar Parties regarding 11 the defense and indemnification of the Anwar Parties, Verdugo, and Cortez in an 12 underlying action styled Prado v. City of Visalia, and Salcedo v. Verdugo, Case Nos. 13 VCU283659 and VCU286816, consolidated in the Superior Court for the State of 14 California, County of Tulare (collectively, the “Underlying Action”). 15 AAIC appointed the law firm of Lagasse, Bell Branch + Kinkaid LLP (the 16 “Lagasse Firm”) as defense counsel to the Anwar Parties in the Underlying Action. 17 The Lagasse Firm may possess information that, if disclosed to the general public, 18 may constitute a waiver of the attorney-client privilege or a related protection. The 19 Lagasse Firm may also possess potentially discoverable but confidential and private 20 information, including financial information, proprietary business information, 21 information regarding confidential business practices, including information that 22 implicates the Parties’ and the Lagasse Firm’s right of privacy. Such financial 23 information includes but is not limited to invoices showing the Lagasse Firm’s 24 services. 25 Confidential and private information from parties and third parties may also 26 include financial information, proprietary business information, business data, 27 information regarding confidential business practices, or commercial information 28 (including information implicating privacy rights of third parties), information 1 otherwise generally unavailable to the public, or which may be privileged or otherwise 2 protected from disclosure under state or federal statutes, court rules, case decisions, 3 or common law. Accordingly, to expedite the flow of information, to facilitate the 4 prompt resolution of disputes over confidentiality of discovery materials, to 5 adequately protect information the parties are entitled to keep confidential, to ensure 6 that the parties are permitted reasonable necessary uses of such material in preparation 7 for and in the conduct of trial, to address their handling at the end of the litigation, 8 and serve the ends of justice, a protective order for such information is justified in this 9 matter. It is the intent of the parties that information will not be designated as 10 confidential for tactical reasons and that nothing be so designated without a good faith 11 belief that it has been maintained in a confidential, non-public manner, and there is 12 good cause why it should not be part of the public record of this case. 13 2. DEFINITIONS 14 2.1 Action: This pending federal lawsuit, case number 2:23cv-09072-DSF- 15 AJR. 16 2.2 Challenging Party: a Party or Non-Party that challenges the designation 17 of information or items under this Order. 18 2.3 “HIGHLY CONFIDENTIAL” Information or Items: information 19 (regardless of how it is generated, stored or maintained) as specified above pertaining 20 to attorney-client privileged or protected documents related to the Lagasse Firm’s 21 representation of the Anwar Parties in the Underlying Action. 22 2.3.1 “CONFIDENTIAL” Information or Items: information (regardless of 23 how it is generated, stored or maintained) or tangible things that qualify for protection 24 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 25 Cause Statement, with the exception of documents designated “HIGHLY 26 CONFIDENTIAL” 27 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 28 support staff). 1 2.5 Designating Party: a Party or Non-Party that designates information or 2 items that it produces in disclosures or in responses to discovery as “HIGHLY 3 CONFIDENTIAL” or “CONFIDENTIAL.” 4 2.6 Disclosure or Discovery Material: all items or information, regardless 5 of the medium or manner in which it is generated, stored, or maintained (including, 6 among other things, testimony, transcripts, and tangible things), that are produced or 7 generated in disclosures or responses to discovery in this matter. 8 2.7 Expert: a person with specialized knowledge or experience in a matter 9 pertinent to the litigation who has been retained by a Party or its counsel to serve as 10 an expert witness or as a consultant in this Action. 11 2.8 House Counsel: attorneys who are employees of a party to this Action. 12 House Counsel does not include Outside Counsel of Record or any other outside 13 counsel. 14 2.9 Non-Party: any natural person, partnership, corporation, association, or 15 other legal entity not named as a Party to this action. 16 2.10 Outside Counsel of Record: attorneys who are not employees of a party 17 to this Action but are retained to represent or advise a party to this Action and have 18 appeared in this Action on behalf of that party or are affiliated with a law firm that 19 has appeared on behalf of that party, including support staff. 20 2.11 Party: any party to this Action, including all of its officers, directors, 21 employees, claims administrators, agents, consultants, retained experts, and Outside 22 Counsel of Record (and their support staffs). 23 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 24 Discovery Material in this Action. 25 2.13 Professional Vendors: persons or entities that provide litigation support 26 services (e.g., photocopying, videotaping, translating, preparing exhibits or 27 demonstrations, and organizing, storing, or retrieving data in any form or medium) 28 and their employees and subcontractors. 1 2.14 Protected Material: any Disclosure or Discovery Material that is 2 designated as “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL.” 3 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 4 from a Producing Party. 5 3. SCOPE 6 The protections conferred by this Stipulation and Order cover not only 7 Protected Material (as defined above), but also (1) any information copied or extracted 8 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 9 Protected Material; and (3) any testimony, conversations, or presentations by Parties 10 or their Counsel that might reveal Protected Material. 11 Any use of Protected Material at trial shall be governed by the orders of the 12 trial judge. This Order does not govern the use of Protected Material at trial. 13 4. DURATION 14 Upon the filing of a dispositive motion, or once a case proceeds to trial, all of 15 the court-filed Protected Material becomes public and will be presumptively available 16 to all members of the public, including the press, unless compelling reasons supported 17 by specific factual findings exist to warrant preserving the secrecy of such Protected 18 Material under a Sealing Order. See Kamakana v. City and Cty. of Honolulu, 447 19 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing 20 documents produced in discovery from “compelling reasons” standard when merits- 21 related documents are part of court record); Foltz v. State Farm Mut. Auto. Ins. Co., 22 331 F. 3d 1122, 1135-36 (9th Cir. 2003). Accordingly, the terms of this protective 23 order do not extend to dispositive motions or beyond the commencement of the trial. 24 After final disposition of this Action, the confidentiality obligations imposed 25 by this Order shall remain in effect until a Designating Party agrees otherwise in 26 writing or a court order otherwise directs. Final disposition shall be deemed to be the 27 later of (1) dismissal of all claims and defenses in this Action, with or without 28 prejudice; or (2) final judgment herein after the completion and exhaustion of all 1 appeals, rehearings, remands, trials, or reviews of this Action, including the time 2 limits for filing any motions or applications for extension of time pursuant to 3 applicable law. 4 Notwithstanding the foregoing, Counsel are entitled to retain an archival copy 5 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 6 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 7 work product, and consultant and expert work product, even if such materials contain 8 Protected Material. Any such archival copies that contain or constitute Protected 9 Material remain subject to this Protective Order. 10 5. DESIGNATING PROTECTED MATERIAL 11 5.1 Exercise of Restraint and Care in Designating Material for Protection. 12 Each Party or Non-Party that designates information or items for protection under this 13 Order must take care to limit any such designation to specific material that qualifies 14 under the appropriate standards. The Designating Party must designate for protection 15 only those parts of material, documents, items, or oral or written communications that 16 qualify so that other portions of the material, documents, items, or communications 17 for which protection is not warranted are not swept unjustifiably within the ambit of 18 this Order. 19 Mass, indiscriminate, or routinized designations are prohibited. Designations 20 that are shown to be clearly unjustified or that have been made for an improper 21 purpose (e.g., to unnecessarily encumber the case development process or to impose 22 unnecessary expenses and burdens on other parties) may expose the Designating Party 23 to sanctions. 24 If it comes to a Designating Party’s attention that information or items that it 25 designated for protection do not qualify for protection, that Designating Party must 26 promptly notify all other Parties that it is withdrawing the inapplicable designation. 27 5.2 Manner and Timing of Designations. Except as otherwise provided in 28 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 1 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 2 under this Order must be clearly so designated before the material is disclosed or 3 produced. 4 Designation in conformity with this Order requires: 5 (a) for information in documentary form (e.g., paper or electronic 6 documents, but excluding transcripts of depositions or other pretrial or trial 7 proceedings), that the Producing Party affix, at a minimum, the legend “HIGHLY 8 CONFIDENTIAL” (“HIGHLY CONFIDENTIAL legend”) or “CONFIDENTIAL” 9 (“CONFIDENTIAL legend”), to each page that contains protected material. If only 10 a portion or portions of the material on a page qualifies for protection, the Producing 11 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 12 markings in the margins). 13 A Party or Non-Party that makes original documents available for inspection 14 need not designate them for protection until after the inspecting Party has indicated 15 which documents it would like copied and produced. During the inspection and 16 before the designation, all of the material made available for inspection shall be 17 deemed “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL.” After the inspecting 18 Party has identified the documents it wants copied and produced, the Producing Party 19 must determine which documents, or portions thereof, qualify for protection under 20 this Order. Then, before producing the specified documents, the Producing Party 21 must affix the “HIGHLY CONFIDENTIAL legend” or “CONFIDENTIAL legend” 22 to each page that contains Protected Material. If only a portion or portions of the 23 material on a page qualifies for protection, the Producing Party also must clearly 24 identify the protected portion(s) (e.g., by making appropriate markings in the 25 margins). 26 (b) for testimony given in depositions that the Designating Party identify 27 the Disclosure or Discovery Material on the record, before the close of the deposition. 28 1 (c) for information produced in some form other than documentary and 2 for any other tangible items, that the Producing Party affix in a prominent place on 3 the exterior of the container or containers in which the information is stored the legend 4 “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL.” If only a portion or portions 5 of the information warrants protection, the Producing Party, to the extent practicable, 6 shall identify the protected portion(s). 7 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 8 failure to designate qualified information or items does not, standing alone, waive the 9 Designating Party’s right to secure protection under this Order for such material. 10 Upon timely correction of a designation, the Receiving Party must make reasonable 11 efforts to assure that the material is treated in accordance with the provisions of this 12 Order. 13 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 14 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 15 designation of confidentiality at any time that is consistent with the Court’s 16 Scheduling Order. 17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 18 resolution process under Local Rule 37-1, et seq. Any discovery motion must strictly 19 comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3. 20 6.3 Burden. The burden of persuasion in any such challenge proceeding 21 shall be on the Designating Party. Frivolous challenges, and those made for an 22 improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 23 other parties) may expose the Challenging Party to sanctions. Unless the Designating 24 Party has waived or withdrawn the confidentiality designation, all parties shall 25 continue to afford the material in question the level of protection to which it is entitled 26 under the Producing Party’s designation until the Court rules on the challenge. 27 28 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 Action only for prosecuting, defending, or attempting to settle this Action. Such 5 Protected Material may be disclosed only to the categories of persons and under the 6 conditions described in this Order. When the Action has been terminated, a Receiving 7 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 8 Protected Material must be stored and maintained by a Receiving Party at a 9 location and in a secure manner that ensures that access is limited to the persons 10 authorized under this Order. 11 7.2 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. The 12 production of information or items designated “HIGHLY CONFIDENTIAL” shall 13 only be made to: 14 (a) Counsel of Record for the Anwar Parties or AAIC, as well as 15 employees of such Counsel of Record to whom it is reasonably necessary to disclose 16 the information for this Action; 17 (b) the Anwar Parties and AAIC, its officers, directors, agents, and 18 claims administrators, as well as their employees, to whom it is reasonably necessary 19 to disclose information for this Action; 20 (c) the Lagasse Firm, its counsel of record, and employees to whom it is 21 reasonably necessary to disclose information for this Action; 22 (d) the author or recipient of a document containing the information or 23 a custodian or other person who otherwise possessed or knew the information; 24 (e) the Court and its personnel; 25 (f) court reporters and their staff; 26 (g) any mediator or settlement officer, and their supporting personnel, 27 mutually agreed upon by any of the parties engaged in settlement discussions; and 28 (h) Experts (as defined in this Order) of the Receiving Party to whom 1 disclosure is reasonably necessary for this Action and who have signed the 2 “Acknowledgment and Agreement to Be Bound” (Exhibit A). 3 Material designated “HIGHLY CONFIDENTIAL” shall not be 4 disclosed to Verdugo, Cortez, or their counsel, and with the exception of those listed 5 above, to any third parties who do not share an attorney-client privilege with the 6 Lagasse Firm with respect to the Underlying Action. 7 7.3 Disclosure of “CONFIDENTIAL” Information or Items. Unless 8 otherwise ordered by the Court or permitted in writing by the Designating Party, a 9 Receiving Party may disclose any information or item designated 10 “CONFIDENTIAL” only to: 11 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 12 well as employees of said Outside Counsel of Record to whom it is reasonably 13 necessary to disclose the information for this Action; 14 (b) the officers, directors, and employees (including House Counsel) of 15 the Receiving Party, including its agents and claims administrators, to whom 16 disclosure is reasonably necessary for this Action; 17 (c) Experts (as defined in this Order) of the Receiving Party to whom 18 disclosure is reasonably necessary for this Action and who have signed the 19 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (d) the Court and its personnel; 21 (e) court reporters and their staff; 22 (f) professional jury or trial consultants, mock jurors, and Professional 23 Vendors to whom disclosure is reasonably necessary for this Action and who have 24 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (g) the author or recipient of a document containing the information or 26 a custodian or other person who otherwise possessed or knew the information; 27 (h) during their depositions, witnesses, and attorneys for witnesses, in 28 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 1 party 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 be 6 separately bound by the court reporter and may not be disclosed to anyone except as 7 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 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 11 PRODUCED IN OTHER LITIGATION 12 If a Party is served with a subpoena or a court order issued in other litigation 13 that compels disclosure of any information or items designated in this Action as 14 “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL,” that Party must: 15 (a) promptly notify in writing the Designating Party. Such notification shall 16 include a copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the subpoena or order to 18 issue in the other litigation that some or all of the material covered by the subpoena 19 or order is subject to this Protective Order. Such notification shall include a copy of 20 this Stipulated Protective Order; and 21 (c) cooperate with respect to all reasonable procedures sought to be pursued 22 by the Designating Party whose Protected Material may be affected. 23 If the Designating Party timely seeks a protective order, the Party served with 24 the subpoena or court order shall not produce any information designated in this action 25 as “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL” before a determination by 26 the court from which the subpoena or order issued, unless the Party has obtained the 27 Designating Party’s permission. The Designating Party shall bear the burden and 28 expense of seeking protection in that court of its confidential material and nothing in 1 these provisions should be construed as authorizing or encouraging a Receiving Party 2 in this Action to disobey a lawful directive from another court. 3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 4 PRODUCED IN THIS LITIGATION 5 (a) The terms of this Order are applicable to information produced by a Non- 6 Party in this Action and designated as “HIGHLY CONFIDENTIAL” or 7 “CONFIDENTIAL.” Such information produced by Non-Parties in connection with 8 this litigation is protected by the remedies and relief provided by this Order. Nothing 9 in these provisions should be construed as prohibiting a Non-Party from seeking 10 additional protections. 11 (b) 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 13 agreement with the Non-Party not to produce the Non-Party’s confidential 14 information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the Non-Party 16 that some or all of the information requested is subject to a confidentiality agreement 17 with a Non-Party; 18 (2) promptly provide the Non-Party with a copy of the Stipulated 19 Protective Order in this Action, the relevant discovery request(s), and a reasonably 20 specific description of the information requested; and 21 (3) make the information requested available for inspection by the Non- 22 Party, if requested. 23 (c) If the Non-Party fails to seek a protective order from this Court within 14 24 days of receiving the notice and accompanying information, the Receiving Party may 25 produce the Non-Party’s confidential information responsive to the discovery request. 26 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 27 any information in its possession or control that is subject to the confidentiality 28 agreement with the Non-Party before a determination by the Court. Absent a court 1 order to the contrary, the Non-Party shall bear the burden and expense of seeking 2 protection in this Court of its Protected Material. 3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 Protected Material to any person or in any circumstance not authorized under this 6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 7 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 8 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 9 persons to whom unauthorized disclosures were made of all the terms of this Order, 10 and (d) request such person or persons to execute the “Acknowledgment and 11 Agreement to Be Bound” that is attached hereto as Exhibit A. 12 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain 15 inadvertently produced material is subject to a claim of privilege or other protection, 16 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 17 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 18 may be established in an e-discovery order that provides for production without prior 19 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 20 parties reach an agreement on the effect of disclosure of a communication or 21 information covered by the attorney-client privilege or work product protection, the 22 parties may incorporate their agreement in the stipulated protective order submitted 23 to the Court. 24 12. MISCELLANEOUS 25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 26 person to seek its modification by the Court in the future. 27 12.2 Right to Assert Other Objections. By stipulating to the entry of this 28 Protective Order, no Party waives any right it otherwise would have to object to 1 disclosing or producing any information or item on any ground not addressed in this 2 Stipulated Protective Order. Similarly, no Party waives any right to object on any 3 ground to use in evidence of any of the material covered by this Protective Order. 4 12.3 Filing Protected Material. A Party that seeks to file under seal any 5 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 6 only be filed under seal pursuant to a court order authorizing the sealing of the specific 7 Protected Material at issue. For non-dispositive motions, good cause must be shown 8 in the request to file Protected Material under seal. Foltz, 331 F. 3d at 1135-36. For 9 dispositive motions and for purposes of trial, compelling reasons supported by 10 specific factual findings must be shown in the request to file Protected Material under 11 seal. Id. If a Party’s request to file Protected Material under seal is denied by the 12 Court, then the Receiving Party may file the information in the public record unless 13 otherwise instructed by the Court. 14 13. FINAL DISPOSITION 15 After the final disposition of this Action, each Receiving Party may retain 16 Protected Material pursuant to the terms of that Receiving Party’s document retention 17 policies, and such retained material shall be maintained as confidential pursuant to the 18 terms of this Protective Order. As used in this subdivision, “Protected Material” 19 includes all copies, abstracts, compilations, summaries, and any other format 20 reproducing or capturing any of the Protected Material. Notwithstanding this 21 provision, counsel are entitled to retain an archival copy of all pleadings, motion 22 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 23 deposition and trial exhibits, expert reports, attorney work product, and consultant 24 and expert work product, even if such materials contain Protected Material. Any such 25 archival copies that contain or constitute Protected Material remain subject to this 26 Protective Order as set forth in Section 4 (DURATION). 27 14. VIOLATION OF ORDER 28 Any violation of this Order may be punished by any and all appropriate 1 || measures including, without limitation, contempt proceedings and/or monetary 2 || sanctions. 3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD Pursuant to 4 || L.R. 5-4.3.4(a)(2), all signatories listed below, and on whose behalf this filing is 5 || submitted, concur in the filing’s content and have authorized the filing. 6 7 Dated: February 13, 2024 CALLAHAN & BLAINE, APLC 8 9 By. /s/ Sharon Yuen 10 Edward Susolik Sharon Yuen 11 Attorneys for Plaintiffs and Cross- Defendants YASIR ANWAR, MAYRA 12 ANWAR, YASIR ANWAR AND MAYRA ANWAR AS TRUSTEES OF 13 THE ANWAR FAMILY TRUST 4 DATED MARCH 12, 2012 15 Dated: February 13, 2024 NICOLAIDES FINK THORPE 16 MICHAELIDES SULLIVAN LLP 17 By: /s/ Tamiko A. Dunham 18 Jeffrey N. Labovitch 19 Tamiko A. Dunham Attorneys for Defendant, Cross- 20 Complainant and Third-Party Plaintiff AMERICAN ALTERNATIVE INSURANCE CORPORATION 22 23 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 24 25 || DATED: 2/14/24 26 HON. A\YOEL RICHLIN United States Magistrate Judge 27 28 17

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [full name], of _________________ 5 [full address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States 7 District Court for the Central District of California on ____________ [date] in the 8 case of Anwar et al. v. American Alternative Insurance Company, et al., Case No. 9 2:23cv-09072-DSF-AJR. I agree to comply with and to be bound by all the terms of 10 this Stipulated Protective Order and I understand and acknowledge that failure to so 11 comply could expose me to sanctions and punishment in the nature of contempt. I 12 solemnly promise that I will not disclose in any manner any information or item that 13 is subject to this Stipulated Protective Order to any person or entity except in strict 14 compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [full 19 name] of _______________________________________ [full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________