distinguishing “good cause” showing for sealing 23 || documents produced in discovery from “compelling reasons” standard when 24 || merits-related documents are part of court record
How later courts described this case
- distinguishing “good cause” showing for sealing 23 || documents produced in discovery from “compelling reasons” standard when 24 || merits-related documents are part of court record
- even 19 || stipulated protective orders require good cause showing
Written by the judges who cited it.
The opinion
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10! kB HOME, etal. CASE NO.: 8:20-cv-00278-JLS-JDE
Plaintiffs, STIPULATED AND PROPOSED
12 PROTECTIVE ORDER
3 VS.
ILLINOIS UNION INSURANCE
14 | COMPANY, et al.,
18 Defendants.
16
17 Per the Stipulation (Dkt. 24), the Court finds and orders as follows.
48 1. PURPOSES AND LIMITATIONS
49 Discovery in this action is likely to involve production of confidential,
20 proprietary or private information for which special protection from public
24 disclosure and from use for any purpose other than pursuing this litigation
22 may be warranted. Accordingly, the parties hereby stipulate to and petition
23 the Court to enter the following Stipulated Protective Order. The parties
DA acknowledge that this Order does not confer blanket protections on all
25 disclosures or responses to discovery and that the protection it affords from
26 public disclosure and use extends only to the limited information or items
97 that are entitled to confidential treatment under the applicable legal
28 principles.
STIPULATED PROTECTIVE ORDE|
1 2. GOOD CAUSE STATEMENT
2 This action is likely to involve valuable commercial, financial and/or
3 || proprietary information for which special protection from public disclosure
4 || and from use for any purpose other than prosecution of this action is
5 || warranted. Such confidential and proprietary materials and information
6 || consist of, among other things, confidential business or financial
7 | information, information regarding confidential business practices, or other
8 || confidential commercial information, information otherwise generally
9 || unavailable to the public, or which may be privileged or otherwise protected
10 || from disclosure under state or federal statutes, court rules, case decisions,
11 || or common law. For example, Plaintiffs will produce documents containing
12 || information regarding “hard costs” and “soft costs” incurred as a result of the
13 || 2017 rainstorm that is the subject of this action, excerpts from financial
14 || statements, documents containing operational information regarding certain
15 || residential homebuilding projects, and other proprietary and/or confidential
16 || information regarding Plaintiffs’ business practices. Similarly, Defendant will
17 || produce documents from the claim and underwriting files for Plaintiffs’
18 || insurance policy that reveal costing analyses and other proprietary and/or
19 || confidential information regarding Defendant’s business practices. Plaintiffs
20 || and Defendant agree that public disclosure of such information could harm
21 || their businesses by portraying them unfavorably to potential customers and
22 || providing information that could benefit their competitors. Accordingly, to
23 || expedite the flow of information, to facilitate the prompt resolution of
24 || disputes over confidentiality of discovery materials, to adequately protect
25 || information the parties are entitled to keep confidential, to ensure that the
26 || parties are permitted reasonable necessary uses of such material in
27 || preparation for and in the conduct of trial, to address their handling at the
28 || end of the litigation, and serve the ends of justice, a protective order for
-2- STIPULATED PROTECTIVE ORDEF
1 || such information is justified in this matter. It is the intent of the parties that
2 || information will not be designated as confidential for tactical reasons and
3 || that nothing be so designated without a good faith belief that it has been
4 || maintained in a confidential, non-public manner, and there is good cause
5 || why it should not be part of the public record of this case.
6 3. ACKNOWLEDGMENT OF UNDER SEAL FILING
7 || PROCEDURE
8 The parties further acknowledge, as set forth in Section 14.3, below,
9 || that this Stipulated Protective Order does not entitle them to file confidential
10 || information under seal; Local Civil Rule 79-5 sets forth the procedures that
11 || must be followed and the standards that will be applied when a party seeks
12 || permission from the court to file material under seal. There is a strong
13 || presumption that the public has a right of access to judicial proceedings and
14 || records in civil cases. In connection with non-dispositive motions, good
15 || cause must be shown to support a filing under seal. See Kamakana v. City
16 || and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v.
17 || Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon
18 || v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even
19 || stipulated protective orders require good cause showing), and a specific
20 || showing of good cause or compelling reasons with proper evidentiary
21 || support and legal justification, must be made with respect to Protected
22 || Material that a party seeks to file under seal. The parties’ mere designation
23 || of Disclosure or Discovery Material as CONFIDENTIAL does not— without
24 || the submission of competent evidence by declaration, establishing that the
25 || material sought to be filed under seal qualifies as confidential, privileged, or
26 || otherwise protectable—constitute good cause.
27 Further, if a party requests sealing related to a dispositive motion or
28 || trial, then compelling reasons, not only good cause, for the sealing must be
-3- STIPULATED PROTECTIVE ORDEF
1 || shown, and the relief sought shall be narrowly tailored to serve the specific
2 || interest to be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d
3 || 665, 677-79 (9th Cir. 2010). For each item or type of information, document,
4 | or thing sought to be filed or introduced under seal, the party seeking
5 || protection must articulate compelling reasons, supported by specific facts
6 || and legal justification, for the requested sealing order. Again, competent
7 || evidence supporting the application to file documents under seal must be
8 || provided by declaration.
9 Any document that is not confidential, privileged, or otherwise
10 || protectable in its entirety will not be filed under seal if the confidential
11 || portions can be redacted. If documents can be redacted, then a redacted
12 || version for public viewing, omitting only the confidential, privileged, or
13 || otherwise protectable portions of the document, shall be filed. Any
14 || application that seeks to file documents under seal in their entirety should
15 || include an explanation of why redaction is not feasible.
16 4. DEFINITIONS
17 4.1. Action: KB Home, et al. v. Illinois Union Insurance Company, et
18 || al., U.S.D.C. Case No. 8:20-CV-0278-JLS-JDE.
19 4.2 Challenging Party: A Party or Non-Party that challenges the
20 || designation of information or items under this Order.
21 4.3. “CONFIDENTIAL” Information or Items: information (regardless
22 || of how it is generated, stored or maintained) or tangible things that qualify
23 || for protection under Federal Rule of Civil Procedure 26(c), and as specified
24 || above in the Good Cause Statement.
25 4.4 Counsel: Outside Counsel of Record and House Counsel (as
26 || well as their support staff).
27 4.5 Designating Party: a Party or Non-Party that designates
28 || information or items that it produces in disclosures or in responses to
-4- STIPULATED PROTECTIVE ORDEF
1 || discovery as “CONFIDENTIAL.”
2 4.6 Disclosure or Discovery Material: All items or information,
3 || regardless of the medium or manner in which it is generated, stored, or
4 || maintained (including, among other things, testimony, transcripts, and
5 || tangible things), that are produced or generated in disclosures or responses
6 || to discovery.
7 4.7 Expert: A person with specialized knowledge or experience ina
8 || matter pertinent to the litigation who has been retained by a Party or its
9 || counsel to serve as an expert witness or as a consultant in this Action.
10 4.8 House Counsel: Attorneys who are employees of a party to this
11 |) Action. House Counsel does not include Outside Counsel of Record or any
12 || other outside counsel.
13 4.9 Non-Party: Any natural person, partnership, corporation,
14 || association or other legal entity not named as a Party to this action.
15 4.10 Outside Counsel of Record: Attorneys who are not employees of
16 || a party to this Action but are retained to represent a party to this Action and
17 || have appeared in this Action on behalf of that party or are affiliated with a
18 || law firm that has appeared on behalf of that party, and includes support
19 || staff.
20 4.11 Party: Any party to this Action, including all of its officers,
21 || directors, employees, consultants, retained experts, and Outside Counsel of
22 || Record (and their support staffs).
23 4.12 Producing Party: A Party or Non-Party that produces Disclosure
24 || or Discovery Material in this Action.
25 4.13 Professional Vendors: Persons or entities that provide litigation
26 || support services (e.g., photocopying, videotaping, translating, preparing
27 || exhibits or demonstrations, and organizing, storing, or retrieving data in any
28 || form or medium) and their employees and subcontractors.
-5- STIPULATED PROTECTIVE ORDEF
1 4.14 Protected Material: Any Disclosure or Discovery Material that is
2 || designated as “CONFIDENTIAL.”
3 4.15 Receiving Party: A Party that receives Disclosure or Discovery
4 || Material from a Producing Party.
5 5. 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
8 || or extracted from Protected Material; (2) all copies, excerpts, summaries, or
9 || compilations of Protected Material; and (3) any testimony, conversations, or
10 || presentations by Parties or their Counsel that might reveal Protected
11 || Material.
12 Any use of Protected Material at trial shall be governed by the orders
13 || of the trial judge and other applicable authorities. This Order does not
14 || govern the use of Protected Material at trial.
15 6. DURATION
16 Once a case proceeds to trial, information that was designated as
17 || CONFIDENTIAL or maintained pursuant to this protective order used or
18 || introduced as an exhibit at trial becomes public and will be presumptively
19 || available to all members of the public, including the press, unless
20 || compelling reasons supported by specific factual findings to proceed
21 || otherwise are made to the trial judge in advance of the trial. See Kamakana,
22 || 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing
23 || documents produced in discovery from “compelling reasons” standard when
24 || merits-related documents are part of court record). Accordingly, the terms of
25 | this protective order do not extend beyond the commencement of the trial.
26 7. DESIGNATING PROTECTED MATERIAL
27 7.1 Exercise of Restraint and Care in Designating Material for
28 || Protection. Each Party or Non-Party that designates information or items
-6- STIPULATED PROTECTIVE ORDEF
1 || for protection under this Order must take care to limit any such designation
2 || to specific material that qualifies under the appropriate standards. The
3 || Designating Party must designate for protection only those parts of material,
4 || documents, items or oral or written communications that qualify so that
5 || other portions of the material, documents, items or communications for
6 || which protection is not warranted are not swept unjustifiably within the ambit
7 || of this Order.
8 Mass, indiscriminate or routinized designations are prohibited.
9 || Designations that are shown to be clearly unjustified or that have been
10 || made for an improper purpose (e.g., to unnecessarily encumber the case
11 || development process or to impose unnecessary expenses and burdens on
12 || other parties) may expose the Designating Party to sanctions.
13 If it comes to a Designating Party’s attention that information or items
14 || that it designated for protection do not qualify for protection, that
15 || Designating Party must promptly notify all other Parties that it is withdrawing
16 || the inapplicable designation.
17 7.2 Manner and Timing of Designations. Except as otherwise
18 || provided in this Order, or as otherwise stipulated or ordered, Disclosure of
19 || Discovery Material that qualifies for protection under this Order must be
20 || clearly so designated before the material is disclosed or produced.
21 Designation in conformity with this Order requires:
22 (a) for information in documentary form (e.g., paper or electronic
23 || documents, but excluding transcripts of depositions or other pretrial or trial
24 || proceedings), that the Producing Party affix at a minimum, the legend
25 | “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
26 || contains protected material. If only a portion of the material on a page
27 || qualifies for protection, the Producing Party also must clearly identify the
28 || protected portion(s) (e.g., by making appropriate markings in the margins).
-7- STIPULATED PROTECTIVE ORDEF
1 A Party or Non-Party that makes original documents available for
2 || inspection need not designate them for protection until after the inspecting
3 || Party has indicated which documents it would like copied and produced.
4 || During the inspection and before the designation, all of the material made
5 || available for inspection shall be deemed “CONFIDENTIAL.” After the
6 || inspecting Party has identified the documents it wants copied and
7 || produced, the Producing Party must determine which documents, or
8 || portions thereof, qualify for protection under this Order. Then, before
9 | producing the specified documents, the Producing Party must affix the
10 || “CONFIDENTIAL legend” to each page that contains Protected Material. If
11 || only a portion of the material on a page qualifies for protection, the
12 || Producing Party also must clearly identify the protected portion(s) (e.g., by
13 || making appropriate markings in the margins).
14 (b) for testimony given in depositions that the Designating Party
15 || identifies the Disclosure or Discovery Material on the record, before the
16 || close of the deposition all protected testimony.
17 (c) for information produced in some form other than
18 || documentary and for any other tangible items, that the Producing Party affix
19 || in a prominent place on the exterior of the container or containers in which
20 || the information is stored the legend “CONFIDENTIAL.” If only a portion or
21 || portions of the information warrants protection, the Producing Party, to the
22 || extent practicable, shall identify the protected portion(s).
23 7.3 Inadvertent Failures to Designate. If timely corrected, an
24 || inadvertent failure to designate qualified information or items does not,
25 || standing alone, waive the Designating Party’s right to secure protection
26 || under this Order for such material. Upon timely correction of a designation,
27 || the Receiving Party must make reasonable efforts to assure that the
28 || material is treated in accordance with the provisions of this Order.
-8- STIPULATED PROTECTIVE ORDEF
1 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2 8.1. Timing of Challenges. Any Party or Non-Party may challenge a
3 || designation of confidentiality at any time that is consistent with the Court’s
4 || Scheduling Order.
5 8.2 Meet Confer. The Challenging Party shall initiate the
6 || dispute resolution process under Local Rule 37-1 et seq.
7 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via
8 || a joint stipulation pursuant to Local Rule 37-2.
9 8.4 The burden of persuasion in any such challenge proceeding shall
10 || be on the Designating Party. Frivolous challenges, and those made for an
11 || improper purpose (e.g., to harass or impose unnecessary expenses and
12 || burdens on other parties) may expose the Challenging Party to sanctions.
13 || Unless the Designating Party has waived or withdrawn the confidentiality
14 || designation, all parties shall continue to afford the material in question the
15 || level of protection to which it is entitled under the Producing Party’s
16 || designation until the Court rules on the challenge.
17 9. ACCESS TO AND USE OF PROTECTED MATERIAL
18 9.1 Basic Principles. A Receiving Party may use Protected Material
19 || that is disclosed or produced by another Party or by a Non-Party in
20 || connection with this Action only for prosecuting, defending or attempting to
21 || settle this Action and or any reinsurance matter relating to the underlying claims
22 || which are the subject of this action. Such Protected Material may be disclosed
23 || only to the categories of persons and under the conditions described in this
24 || Order. When the Action has been terminated, a Receiving Party must
25 || comply with the provisions of section 15 below (FINAL DISPOSITION).
26 Protected Material must be stored and maintained by a Receiving
27 || Party at a location and in a secure manner that ensures that access is
28 || limited to the persons authorized under this Order.
-9- STIPULATED PROTECTIVE ORDEF
1
2 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
3 || otherwise ordered by the court or permitted in writing by the Designating
4 || Party, a Receiving Party may disclose any information or item designated
5 || “CONFIDENTIAL” only to:
6 (a) the Receiving Party’s Outside Counsel of Record in this
7 || Action, as well as employees of said Outside Counsel of Record to whom it
8 || is reasonably necessary to disclose the information for this Action;
9 (b) the officers, directors, and employees (including House
10 || Counsel) of the Receiving Party to whom disclosure is reasonably
11 || necessary for this Action;
12 (c) Experts (as defined in this Order) of the Receiving Party to
13 || whom disclosure is reasonably necessary for this Action and who have
14 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
15 (d) the court and its personnel;
16 (e) court reporters and their staff;
17 (f) professional jury or trial consultants, mock jurors, and
18 || Professional Vendors to whom disclosure is reasonably necessary for this
19 || Action and who have signed the “Acknowledgment and Agreement to Be
20 || Bound” (Exhibit A);
21 (g) the author or recipient of a document containing the
22 || information or a custodian or other person who otherwise possessed or
23 || knew the information;
24 (h) during their depositions, witnesses, and attorneys for
25 || witnesses, in the Action to whom disclosure is reasonably necessary
26 || provided: (1) the deposing party requests that the witness sign the form
27 || attached as Exhibit A hereto; and (2) they will not be permitted to keep any
28 || confidential information unless they sign the “Acknowledgment and
-10- STIPULATED PROTECTIVE ORDEF
1 || Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the
2 || Designating Party or ordered by the court. Pages of transcribed deposition
3 || testimony or exhibits to depositions that reveal Protected Material may be
4 || separately bound by the court reporter and may not be disclosed to anyone
5 || except as permitted under this Stipulated Protective Order;
6 (i) any mediators or settlement officers and their supporting
7 || personnel, mutually agreed upon by any of the parties engaged in
8 || settlement discussions;
9 (j) Any reinsurer, retrocessionaire, auditor, regulator or other entity or person
10 || to whom any party or its counsel is contractually or legally obligated to make such
11 || disclosure; and
12 (k) Any other person agreed to by the parties;
13 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
14 PRODUCED IN OTHER LITIGATION
15 If a Party is served with a subpoena or a court order issued in other
16 || litigation that compels disclosure of any information or items designated in
17 || this Action as “CONFIDENTIAL,” that Party must:
18 (a) promptly notify in writing the Designating Party. Such
19 || notification shall include a copy of the subpoena or court order;
20 (b) promptly notify in writing the party who caused the subpoena
21 || or order to issue in the other litigation that some or all of the material
22 || covered by the subpoena or order is subject to this Protective Order. Such
23 || notification shall include a copy of this Stipulated Protective Order; and
24 (c) cooperate with respect to all reasonable procedures sought
25 || to be pursued by the Designating Party whose Protected Material may be
26 || affected. If the Designating Party timely seeks a protective order, the Party
27 || served with the subpoena or court order shall not produce any information
28 || designated in this action as “CONFIDENTIAL” before a determination by the
-11- STIPULATED PROTECTIVE ORDEF
1 || court from which the subpoena or order issued, unless the Party has
2 || obtained the Designating Party’s permission. The Designating Party shall
3 || bear the burden and expense of seeking protection in that court of its
4 || confidential material and nothing in these provisions should be construed as
5 || authorizing or encouraging a Receiving Party in this Action to disobey a
6 || lawful directive from another court.
7 11. ANON-PARTY’S 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.” Such information produced by Non-Parties in connection
12 || with this litigation is protected by the remedies and relief provided by this
13 || Order. Nothing in these provisions should be construed as prohibiting a
14 || Non-Party from seeking additional protections.
15 (b) In the event that a Party is required, by a valid discovery
16 || request, to produce a Non-Party’s confidential information in its possession,
17 || and the Party is subject to an agreement with the Non-Party not to produce
18 || the Non-Party’s confidential information, then the Party shall:
19 (1) promptly notify in writing the Requesting Party and the Non-
20 || Party that some or all of the information requested is subject toa
21 || confidentiality agreement with a Non-Party;
22 (2) promptly provide the Non-Party with a copy of the Stipulated
23 || Protective Order in this Action, the relevant discovery request(s), and a
24 || reasonably specific description of the information requested; and
25 (3) make the information requested available for inspection by
26 || the Non-Party, if requested.
27 (c) If the Non-Party fails to seek a protective order from this
28 || court within 14 days of receiving the notice and accompanying information,
-12- STIPULATED PROTECTIVE ORDEF
1 || the Receiving Party may produce the Non-Party’s confidential information
2 || responsive to the discovery request. If the Non-Party timely seeks a
3 || protective order, the Receiving Party shall not produce any information in its
4 || possession or control that is subject to the confidentiality agreement with
5 || the Non-Party before a determination by the court. Absent a court order to
6 || the contrary, the Non-Party shall bear the burden and expense of seeking
7 || protection in this court of its Protected Material.
8 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
9 If a Receiving Party learns that, by inadvertence or otherwise, it has
10 || disclosed Protected Material to any person or in any circumstance not
11 || authorized under this Stipulated Protective Order, the Receiving Party must
12 || immediately (a) notify in writing the Designating Party of the unauthorized
13 || disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
14 || Protected Material, (c) inform the person or persons to whom unauthorized
15 || disclosures were made of all the terms of this Order, and (d) request such
16 || person or persons to execute the “Acknowledgment an Agreement to Be
17 || Bound” attached hereto as Exhibit A.
18 13. INADVERTENT PRODUCTION OF PRIVILEGED OR
19 | OTHERWISE PROTECTED MATERIAL
20 || When a Producing Party gives notice to Receiving Parties that certain
21 || inadvertently produced material is subject to a claim of privilege or other
22 || protection, the obligations of the Receiving Parties are those set forth in
23 || Federal Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended
24 || to modify whatever procedure may be established in an e-discovery order
25 || that provides for production without prior privilege review. Pursuant to
26 || Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an
27 || agreement on the effect of disclosure of a communication or information
28 || covered by the attorney-client privilege or work product protection, the
-13- STIPULATED PROTECTIVE ORDEF
1 || parties may incorporate their agreement in the stipulated protective order
2 || submitted to the court.
3 14. MISCELLANEOUS
4 14.1. Right to Further Relief. Nothing in this Order abridges the right
5 || of any person to seek its modification by the Court in the future.
6 14.2 Right to Assert Other Objections. By stipulating to the entry of
7 || this Protective Order, no Party waives any right it otherwise would have to
8 || object to disclosing or producing any information or item on any ground not
9 || addressed in this Stipulated Protective Order. Similarly, no Party waives any
10 || right to object on any ground to use in evidence of any of the material
11 || covered by this Protective Order.
12 14.3 Filing Protected Material. A Party that seeks to file under seal
13 || any Protected Material must comply with Local Civil Rule 79-5. Protected
14 || Material may only be filed under seal pursuant to a court order authorizing
15 || the sealing of the specific Protected Material. If a Party’s request to file
16 || Protected Material under seal is denied by the court, then the Receiving
17 || Party may file the information in the public record unless otherwise
18 || instructed by the court.
19 15. FINAL DISPOSITION
20 After the final disposition of this Action, as defined in paragraph 6,
21 || within 60 days of a written request by the Designating Party, each Receiving
22 || Party must return all Protected Material to the Producing Party or destroy
23 || such material. As used in this subdivision, “all Protected Material” includes
24 || all copies, abstracts, compilations, summaries, and any other format
25 || reproducing or capturing any of the Protected Material. Whether the
26 || Protected Material is returned or destroyed, the Receiving Party must
27 || submit a written certification to the Producing Party (and, if not the same
28 || person or entity, to the Designating Party) by the 60-day deadline that (1)
-14- STIPULATED PROTECTIVE ORDEF
1 || identifies (by category, where appropriate) all the Protected Material that
2 || was returned or destroyed and (2) affirms that the Receiving Party has not
3 || retained any copies, abstracts, compilations, summaries or any other format
4 || reproducing or capturing any of the Protected Material. Notwithstanding this
5 || provision, Counsel are entitled to retain an archival copy of all pleadings,
6 || motion papers, trial, deposition, and hearing transcripts, legal memoranda,
7 || correspondence, deposition and trial exhibits, expert reports, attorney work
8 || product, and consultant and expert work product, even if such materials
9 || contain Protected Material. Any such archival copies that contain or
10 || constitute Protected Material remain subject to this Protective Order as set
11 || forth in Section 6 (DURATION).
12 16. VIOLATION
13 Any violation of this Order may be punished by appropriate measures
14 || including, without limitation, contempt proceedings and/or monetary
15 || sanctions.
16
47 || FOR GOOD CAUSE SHOWN (see Dkt. 24), IT IS SO ORDERED.
18
19 || DATED: October 29, 2020
20 ff
21 Liha fee AG
22 J D. EARLY
ited States Magistrate Judge
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-15- STIPULATED PROTECTIVE ORDEF
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
5 || perjury that | have read in its entirety and understand the Stipulated
6 || Protective Order that was issued by the United States District Court for the
7 || Central District of California on October 29, 2020 in the case of KB Home,
g || etal. v. Illinois Union Insurance Company, et al., U.S.D.C. Case No. 8:20-
g || cv-00278-JLS-JDE. | agree to comply with and to be bound by all the terms
10 || of this Stipulated Protective Order and | understand and acknowledge that
11 || failure to so comply could expose me to sanctions and punishment in the
42 || nature of contempt. | solemnly promise that | will not disclose in any manner
13 || any 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 this
15 || Order.
16 | further agree to submit to the jurisdiction of the United States District
17 || Court for the Central District of California for the purpose of enforcing the
18 || terms of this Stipulated Protective Order, even if such enforcement
49 || proceedings occur after termination of this action.
20 || | hereby appoint [print or type full name] of
1 [print or type full address
22 || and telephone number] as my California agent for service of process in
23 || connection with this action or any proceedings related to enforcement of this
24 || Stipulated Protective Order.
25 Date:
City and State where sworn and signed:
2000
- 16 - STIPULATED PROTECTIVE ORDEF
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2 || Printedname:
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-17- STIPULATED PROTECTIVE ORDEF