The opinion
1 || Krsto Mijanovic (Bar No. 205060)
kmijanovic @ hbblaw.com
2 || Steven A. Scordalakis (Bar No. 293212)
sscordalakis @ hbblaw.com
3 || HAIGHT BROWN & BONESTEEL LLP
555 South Flower Street, Forty-Fifth Floor
4 || Los Angeles, California 90071
Telephone: 213.542.8000
5 || Facsimile: 213.542.8100
6 || Attorneys for Defendant
BROAN-NUTONE, LLC
7
Dana N. Meyers (SBN 272640)
8 || COZEN O’CONNOR
501 West Broadway, Suite 1610
9 || San Diego, CA 92101
Tel.: 619.234.1700
10 || Fax: 619.234.7831
11 || Attorney for Plaintiff
SEQUOIA INSURANCE COMPANY
12
UNITED STATES DISTRICT COURT
13
EASTERN DISTRICT OF CALIFORNIA
14
SEQUOIA INSURANCE COMPANY, CASE NO. 1:24-CV-00469-KES-BAM
15
Plaintiff, PARTIES’ STIPULATED PROTECTIVE
16 ORDER; AND fPROPOSED} ORDER
v. THEREON
17
BROAN-NUTONE, LLC, and DOES | to 50,
18 || inclusive,
19 Defendant.
20
21 TO THE HONORABLE COURT:
22 IT IS HEREBY STIPULATED by and between the parties, plaintiff SEQUOIA
73 || INSURANCE COMPANY (“plaintiff?), and defendant BROAN-NUTONE LLC (“BROAN”), by
24 || and through their counsel of record, as follows:
25 || 1. PURPOSES AND LIMITATIONS
26 Discovery activity in this action is likely to involve production of confidential, proprietary,
77 || or private information that a party may claim deserves special protection from public disclosure
2g || and from use for any purpose other than prosecuting this litigation may be warranted.
1 The parties acknowledge that this Stipulation and Order does not confer blanket
2 || protections on all responses to discovery and that the protection it affords from public disclosure
3 || and use extends only to the limited information or items that are entitled to confidential treatment
4 || under the applicable legal principles. The parties retain and reserve their rights to seek a
5 || modification of the Order should the Order prove problematic or unworkable in practice due to
6 || unforeseen issues, and all parties agree not to assert that any such proposed modifications are
7 || foreclosed by this Order. The parties further acknowledge, as set forth in Section 12.3, below, that
8 || this Stipulation and Order does not entitle them to file confidential information under seal; Civil
9 || Local Rules set forth the procedures that must be followed and the standards that will be applied
10 || when a party seeks permission from the court to file material under seal.
11 || 2. DEFINITIONS
12 2.1 Challenging Party: a Party or Non-Party that challenges the designation of
13 || information or items under this Stipulation and Order.
Of 14 2.2. “CONFIDENTIAL” Information or Items: information (regardless of how it is
15 || generated, stored or maintained) or tangible things that qualify for protection under Federal Rule
16 || of Civil Procedure 26(c), including, but not limited to, (1) trade secrets as defined by applicable
17 || legal principles; (2) confidential personally identifiable information; (3) other confidential
18 || research and development information; (4) competitively sensitive commercial or proprietary
19 || information; (5) confidential financial information, including financial information about any
20 || party to this lawsuit or its individual employees, owners or members; (6) personal or
21 || confidential/privileged information about an individual collected or received in connection with an
22 || insurance claim, as contemplated by California Insurance Code Section 791.13; and/or (7) any
23 || other information protected by the Constitution of the United States, California’s Constitution and
24 || common law right to privacy.
25 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as
26 || well as their support staff).
27 2.4 Designating Party: a Party or Non-Party that designates information or items that it
28 || produces in responses to discovery as “CONFIDENTIAL.”
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] 2.5 Discovery Material: all items or information, regardless of the medium or manner
2 || in which it is generated, stored, or maintained (including, among other things, testimony,
3 || transcripts, and tangible things), that are produced or generated in responses to discovery in this
4 || matter.
5 2.6. Action: the action entitled Sequoia Insurance Company v. Broan-NuTone LLC, et
6 || al., Case No. 1:24-CV-00469-KES-BAM.
7 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to
8 || the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
9 |} consultant in this Action.
10 2.8 House Counsel: attorneys who are employees of a party to this Action. House
11 || Counsel does not include Outside Counsel of Record or any other outside counsel.
12 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal
13 || entity not named as a Party to this Action.
Of 14 2.10 Qutside Counsel of Record: attorneys who are not employees of a party to this
15 || Action but are retained to represent or advise a party to this Action and have appeared in this
16 || Action on behalf of that party or are affiliated with a law firm which has appeared on behalf of
17 || that party.
18 2.11 Party: any party to this Action, including all of its members, officers, directors,
19 || employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs).
20 2.12 Producing Party: a Party or Non-Party that produces Discovery Material in this
21 || Action.
22 2.13. Professional Vendors: persons or entities that provide litigation support services
23 || (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and
24 || organizing, storing, or retrieving data in any form or medium) and their employees and
25 || subcontractors.
26 2.14 Protected Material: any Discovery Material that is designated as
27 || “CONFIDENTIAL.”
28 2.15 Receiving Party: a Party that receives Discovery Material from a Producing Party.
3. SCOPE
2 The protections conferred by this Stipulation and Order cover not only Protected Material
3 || (as defined above), but also (1) any information copied or extracted from Protected Material; (2)
4 || all copies, excerpts, summaries, or compilations of Protected Material; (3) any testimony,
5 || conversations, or presentations by Parties or their Counsel that might reveal Protected Material;
6 || and (4) any Protected Material that is informally produced.
7 The protections conferred by this Stipulation and Order do not cover the following
8 || information: (1) any information that is in the public domain at the time of disclosure to a
9 || Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a
10 || result of publication not involving a violation of this Stipulation and Order, including becoming
11 || part of the public record through trial or otherwise; and (2) any information known to the
12 || Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure
13 || from a source who obtained the information lawfully and under no obligation of confidentiality to
Of 14 || the Designating Party. Any use of Protected Material at trial shall be governed by a separate
15 || agreement or order.
16 || 4. DURATION
17 Even after final disposition of this Action, the confidentiality obligations imposed by this
18 || Stipulation and Order shall remain in effect until a Designating Party agrees otherwise in writing
19 || or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal
20 || of all claims and defenses in this Action, with or without prejudice; and (2) final judgment herein
21 || after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this
22 || Action, including the time limits for filing any motions or applications for extension of time
23 || pursuant to applicable law.
24 5. DESIGNATING PROTECTED MATERIAL
25 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party
26 || or Non-Party that designates information or items for protection under this Stipulation and Order
27 || must take care to limit any such designation to specific material that qualifies under the
28 || appropriate standards. The Designating Party must designate for protection only those parts of
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1 || material, documents, items, or oral or written communications that qualify — so that other portions
2 || of the material, documents, items, or communications for which protection is not warranted are
3 || not swept unjustifiably within the ambit of this Stipulation and Order.
4 Mass, indiscriminate, or routinized designations are prohibited. Designations that are
5 || shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
6 || unnecessarily encumber or retard the case development process or to impose unnecessary
7 || expenses and burdens on other parties) expose the Designating Party to sanctions.
8 If it comes to a Designating Party’s attention that information or items that it designated
9 || for protection do not qualify for protection, that Designating Party must promptly notify all other
10 || Parties that it is withdrawing the mistaken designation.
11 5.2 Manner and Timing of Designations. Except as otherwise provided in this
12 || Stipulation and Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
13 || stipulated or ordered, Discovery Material that qualifies for protection under this Stipulation and
Of 14 || Order must be clearly so designated before the material is disclosed or produced.
15 Designation in conformity with this Stipulation and Order requires:
16 (a) for information in documentary form (e.g., paper or electronic documents, but
17 || excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
18 || affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a
19 || portion or portions of the material on a page qualifies for protection, the Producing Party also must
20 || clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins).
21 A Party or Non-Party that makes original documents or materials available for
22 || inspection need not designate them for protection until after the inspecting Party has indicated
23 || which material it would like copied and produced. During the inspection and before the
24 || designation, all of the material made available for inspection shall be deemed
25 || “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and
26 || produced, the Producing Party must determine which documents, or portions thereof, qualify for
27 || protection under this Stipulation and Order. Then, before producing the specified documents, the
28 || Producing Party must affix the “CONFIDENTIAL” legend to each page that contains Protected
1 || Material. If only a portion or portions of the material on a page qualifies for protection, the
2 || Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
3 || markings in the margins).
4 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the
5 || Designating Party identify on the record, before the close of the deposition, hearing, or other
6 || proceeding, all protected testimony. When it is impractical to identify separately each portion of
7 || testimony that is entitled to protection and it appears that substantial portions of the testimony may
8 || qualify for protection, the Designating Party may invoke on the record (before the deposition,
9 || hearing, or other proceeding is concluded) a right to have up to 30 days following receipt of the
10 || final deposition transcript to identify the specific portions of the testimony as to which protection
11 || is sought. Only those portions of the testimony that are appropriately designated for protection
12 || within the 30 days shall be covered by the provisions of this Stipulation and Order.
13 To designate, the Designating Party must provide the other Parties a list of all pages
Of 14 || Gncluding line numbers as appropriate) that have been designated as Protected Material.
15 Any transcript that is prepared before the expiration of a 30-day period for designation
16 || shall be treated during that period as if it had been designated “CONFIDENTIAL?” in its entirety
17 || unless otherwise agreed. After the expiration of that period, the transcript shall be treated only as
18 || actually designated.
19 Transcripts containing Protected Material shall have an obvious legend on the title
20 || page that the transcript contains Protected Material. If the designation is made before the
21 || deposition is concluded, the title page shall be followed by a list of all pages (including line
22 || numbers as appropriate) that have been designated as Protected Material. The Designating Party
23 || shall inform the court reporter of these requirements.
24 The use of a document as an exhibit at a deposition shall not in any way affect its
25 || designation as “CONFIDENTIAL.”
26 (c) for information produced in some form other than documentary and for any other
27 || tangible items, that the Producing Party affix in a prominent place on the exterior of the container
28 || or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a
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1 || portion or portions of the information or item warrant protection, the Producing Party, to the
2 || extent practicable, shall identify the protected portion(s).
3 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
4 || designate qualified information or items does not, standing alone, waive the Designating Party’s
5 || right to secure protection under this Stipulation and Order for such material. Upon timely
6 || correction of a designation, the Receiving Party must make reasonable efforts to assure that the
7 || material is treated in accordance with the provisions of this Stipulation and Order.
8 5.4 Privilege Log
9 Each Party and Non-Party that designates information or items for protection under this
10 || Stipulation and Order will produce a privilege log that identifies the information and items
11 || designated for protection and the basis(es) for the designation.
12 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
13 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
Of 14 || confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
15 || designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
16 || burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
17 || challenge a confidentiality designation by electing not to mount a challenge promptly after the
18 || original designation is disclosed.
19 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
20 || process by providing written notice of each designation it is challenging and describing the basis
21 || for each challenge. To avoid ambiguity as to whether a challenge has been made, the written
22 || notice must recite that the challenge to confidentiality is being made in accordance with this
23 || specific paragraph of the Stipulation and Order. The Parties shall attempt to resolve each challenge
24 || in good faith and must begin the process by conferring directly — via telephone and/or written
25 |} communication transmitted via e-mail— within 14 days of the date of service of notice. In
26 || conferring, the Challenging Party must explain the basis for its belief that the confidentiality
27 || designation was not proper and must give the Designating Party an opportunity to review the
28 || designated material, to reconsider the circumstances, and, if no change in designation is offered, to
1 || explain the basis for the chosen designation. A Challenging Party may proceed to the next stage of
2 || the challenge process only if it has engaged in this meet and confer process first or establishes that
3 || the Designating Party is unwilling to participate in the meet and confer process in a timely
4 || manner.
5 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court
6 || intervention, the Designating Party shall file and serve a motion (in compliance with the
7 || applicable Local Rule(s) and Federal Rule(s) of Civil Procedure) to uphold the confidentiality
8 || designation within 21 days from the date of service of the initial notice of challenge or within 10
9 || days of the parties agreeing that the meet and confer process will not resolve their dispute,
10 || whichever is earlier. The Parties, however, may stipulate to extend the 21-day or 10-day deadline.
11 || Each such motion must be accompanied by a competent declaration affirming that the movant has
12 || complied with the meet and confer requirements imposed in the preceding paragraph. Failure by
13 || the Designating Party to make such a motion including the required declaration within 21 days (or
Of 14 || 10 days or stipulated extended deadline, if applicable) shall automatically remove the
15 || confidentiality designation for each challenged designation. In addition, the Challenging Party
16 || may file a motion challenging a confidentiality designation at any time if there is good cause for
17 || doing so, including a challenge to the designation of a deposition transcript or any portions
18 || thereof. Any motion brought pursuant to this provision must be accompanied by a competent
19 || declaration affirming that the movant has complied with the meet and confer requirements
20 || imposed by the preceding paragraph.
21 The burden of persuasion in any such challenge proceeding shall depend on whether the
22 || Protected Material is designated protected due to a privilege or due to being Confidential. If the
23 || Protected Material is designated as Privileged, then the burden of persuasion in any challenge
24 || proceeding is on the Challenging Party. If the Protected Material is designated as Confidential,
25 || but is not Privileged, then the burden of persuasion is on the Designating Party. Frivolous
26 || challenges and those made for an improper purpose (e.g., to harass or impose unnecessary
27 || expenses and burdens on other parties) may expose the Challenging Party to sanctions. All parties
28 || shall continue to afford the material in question the level of protection to which it is entitled under
1 || the Producing Party’s designation until the court rules on the challenge.
2 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL
3 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
4 || produced by another Party or by a Non-Party in connection with this Action only for prosecuting,
5 || defending, or attempting to settle this Action. Such Protected Material may be disclosed only to
6 || the categories of persons and under the conditions described in this Stipulation and Order. When
7 || the Action has been terminated, a Receiving Party must comply with the provisions of section 13
8 || below (FINAL DISPOSITION).
9 Protected Material must be stored and maintained by a Receiving Party at a location and in
10 || a secure manner that ensures that access is limited to the persons authorized under this Stipulation
11 || and Order.
12 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered
13 || by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
Of 14 || information or item designated “CONFIDENTIAL” only to:
15 (a) attorneys of record in this Action and their affiliated attorneys, paralegals, clerical
16 || and secretarial staff employed by such attorneys who are actively involved in this Action, are not
17 || employees of any Party, and to whom it is reasonably necessary to disclose the information for
18 || this litigation, provided, however, that each non-attorney given access to Protected Material shall
19 || be advised that such Protected Materials are being disclosed pursuant to, and are subject to, the
20 || terms of this Stipulation and Order and that they may not be disclosed other than pursuant to the
21 || terms of this Stipulation and Order;
22 (b) the members, officers, directors, and employees (including House Counsel and
23 || their staff) of the Receiving Party to whom disclosure is reasonably necessary for this Action and
24 || who have signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as
25 || Exhibit A;
26 (c) Experts (as defined in this Stipulation and Order) of the Receiving Party to whom
27 || disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and
28 || Agreement to Be Bound” (Exhibit A);
1 (d) the court and its personnel;
2 (e) court reporters and their staff, jurors; professional jury or trial consultants, mock
3 || jurors, and Professional Vendors to whom disclosure is reasonably necessary for this Action;
4 (f) during their depositions, witnesses in the Action to whom disclosure is reasonably
5 || necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
6 || unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed
7 || deposition testimony or exhibits to depositions that reveal Protected Material must be separately
8 || bound by the court reporter and may not be disclosed to anyone except as permitted under this
9 || Stipulation and Order;
10 (g) the author or recipient of a document containing the information or a custodian or
11 || other person who otherwise possessed or knew the information;
12 (h) any mediator who is assigned to hear this Action, and his or her staff, subject to
13 || their singing the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
Of 14]| 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
15 LITIGATION
16 If a Party is served with a subpoena or a court order issued in other litigation that compels
17 || disclosure of any information or items designated in this Action as “CONFIDENTIAL” that Party
18 |} must:
19 (a) promptly notify in writing the Designating Party. Such notification shall include a
20 || copy of the subpoena or court order; and
21 (b) promptly notify in writing the party who caused the subpoena or order to issue in
22 || the other litigation that some or all of the material covered by the subpoena or order is subject to
23 || this Stipulation and Order. Such notification shall include a copy of this Stipulation and Order;
24 If the Designating Party timely seeks a protective order, the Party served with the subpoena
25 || or court order shall not produce any information designated in this Action as “CONFIDENTIAL”
26 || before a determination by the court from which the subpoena or order issued, unless the Party has
27 || obtained the 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 these
1 || provisions should be construed as authorizing or encouraging a Receiving Party in this Action to
2 || disobey a lawful directive from another court.
3 1/9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
4 LITIGATION
5 (a) The terms of this Stipulation and Order are applicable to information produced by a
6 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information produced by
7 || Non-Parties in connection with this Action is protected by the remedies and relief provided by this
8 || Stipulation and Order. Nothing in these provisions should be construed as prohibiting a Non-Party
9 || from seeking additional protections.
10 (b) In the event that a Party is required, by a valid discovery request, to produce a
11 || Non-Party’s confidential information in its possession, and the Party is subject to an agreement
12 || with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
13 (1) promptly notify in writing the Requesting Party and the Non-Party that some or
Of 14 || all of the information requested is subject to a confidentiality agreement with a Non-Party;
15 (2) promptly provide the Non-Party with a copy of the Stipulation and Order in
16 || this Action, the relevant discovery request(s), and a reasonably specific description of the
17 || information requested; and
18 (3) make the information requested available for inspection by the Non-Party.
19 (c) If the Non-Party fails to object or seek a protective order from this court within 14
20 || days of receiving the notice and accompanying information, the Receiving Party may produce the
21 || Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely
22 || seeks a protective order, the Receiving Party shall not produce any information in its possession or
23 || control that is subject to the confidentiality agreement with the Non-Party before a determination
24 || by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and
25 || expense of seeking protection in this court of its Protected Material.
26||10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
27 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
28 || Material to any person or in any circumstance not authorized under this Stipulation and Order, the
10
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1 || Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized
2 || disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material,
3 || (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of
4 || this Stipulation and Order, and (d) request such person or persons to execute the
5 || “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
6|}11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
7 MATERIAL
8 (a) When a Producing Party gives notice to Receiving Party that certain inadvertently
9 || produced material is subject to a claim of privilege or other protection, the obligations of the
10 || Receiving Party are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision
11 || is not intended to modify whatever procedure may be established in an e-discovery order that
12 || provides for production without prior privilege review. Pursuant to Federal Rule of Evidence
13 || 502(d) and (e), insofar as the Parties reach an agreement on the effect of disclosure of a
Of 14 || communication or information covered by the attorney-client privilege or work product protection,
15 || the Parties may incorporate their agreement in this Order by writing.
16 (b) In the event a Party claims that Protected Material subject to a “CONFIDENTIAL”
17 || designation was inadvertently produced without such designation, the Party that inadvertently
18 || produced the document shall give written notice of such inadvertent production within twenty (20)
19 || days of discovery of the inadvertent production (the “Inadvertent Production Notice”), together
20 || with a further copy of the subject Protected Material designated as “CONFIDENTIAL.” Upon
21 || receipt of such Inadvertent Production Notice, the Party that received the inadvertently produced
22 || Protected Material shall promptly destroy the inadvertently produced Protected Material and all
23 || copies thereof, or, at the option and expense of the Producing Party, return such together with all
24 || copies of such Protected Material to counsel for the Producing Party and shall retain only the
25 || “CONFIDENTIAL” designated Materials. If the Receiving Party destroys such inadvertently
26 || produced Protected Material, the Receiving Party shall notify the Producing Party in writing of
27 || such destruction within ten (10) days of receipt of written notice of the inadvertent production.
28 || However, the Receiving Party may challenge the “CONFIDENTIAL” designation as set forth in
11
1 || Section 6, supra.
2|)12. MISCELLANEOUS
3 12.1 Right to Further Relief. Nothing in this Stipulation and Order abridges the right of
4 || any person to seek its modification by the court in the future.
5 12.2 Right to Assert Other Objections. By stipulating to the entry of this Stipulation and
6 || Order, no Party waives any right it otherwise would have to object to disclosing or producing any
7 || information or item on any ground not addressed in this Stipulation and Order. Similarly, no Party
8 || waives any right to object on any ground to use in evidence of any of the material covered by this
9 || Stipulation and Order.
10 12.3. Filing Protected Material. Without written permission from the Designating Party
11 || or a court order secured after appropriate notice to all interested persons, a Party may not file in
12 || the public record in this Action any Protected Material. A Party that seeks to file under seal any
13 || Protected Material must comply with Civil Local Rule(s). Protected Material may only be filed
Of 14 || under seal pursuant to a court order authorizing the sealing of the specific Protected Material at
15 || issue. Pursuant to Civil Local Rule(s), a sealing order will issue only upon a request establishing
16 || that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled
17 || to protection under the law. If a Receiving Party’s request to file Protected Material under seal
18 || pursuant to Civil Local Rule(s) is denied by the court, then the Receiving Party may not file the
19 || information in the public record pursuant to Civil Local Rule(s), or unless otherwise instructed by
20 || the court.
21 12.4 Enforcement. A breach of the terms of this Protective Order is subject to the full
22 || powers and jurisdiction of the Court, including but not limited to the powers of contempt and
23 || injunctive relief, and shall entitle the non-breaching party to appropriate sanctions, including but
24 || not limited to all attorneys’ fees and other costs incurred in the enforcement of this Protective
25 || Order.
26 13. HINAL DISPOSITION
27 Within 60 days after the final disposition of this Action, as defined in paragraph 4, each
28 || Receiving Party must return all Protected Material to the Producing Party or destroy such material.
12
1 || As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
2 || summaries, and any other format reproducing or capturing any of the Protected Material. Whether
3 || the Protected Material is returned or destroyed, the Receiving Party must submit a written
4 || certification to the Producing Party (and, if not the same person or entity, to the Designating Party)
5 || by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected
6 || Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained
7 || any copies, abstracts, compilations, summaries or any other format reproducing or capturing any
8 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival
9 || copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
10 || correspondence, deposition and trial exhibits, expert reports, attorney work product, and
11 || consultant and expert work product, even if such materials contain Protected Material.
12 || Any such archival copies that contain or constitute Protected Material remain subject to this
13 || Stipulation and Order as set forth in Section 4 (DURATION).
Of 14 || IT IS SO STIPULATED.
15 || Dated: August 29, 2024 HAIGHT BROWN & BONESTEEL LLP
16
17 . .
By: /s/ Steven A, Scordalakis
18 Krsto Mijanovic
Steven A. Scordalakis
19 Attorneys for Defendant BROAN-NUTONE LLC
20
21
22 || Dated: August 29, 2024 COZEN O’CONNOR
23
24 By: /s/ Dana N. Meyers
Dana N. Meyers
25 Attorneys for Plaintiff Sequoia Insurance
Company
26
27
28
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
5 || penalty of perjury that I have read in its entirety and understand the Stipulation and Order that was
6 || issued by the United States District Court for the Eastern District of California on
7 ,20___in the case of Sequoia Insurance Company v. Broan-NuTone
8 || LLC, et al., Case No. 1:24-CV-00469-KES-BAM. I agree to comply with and to be bound by all
9 || the terms of this Stipulation and Order and I understand and acknowledge that failure to so comply
10 || could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I
11 |] will not disclose in any manner any information or item that is subject to this Stipulation and
12 || Order to any person or entity except in strict compliance with the provisions of this Order.
13 I further agree to submit to the jurisdiction of United States District Court for the Eastern
Of 14 || District of California for the purpose of enforcing the terms of this Stipulation and Order, even if
15 || such enforcement proceedings occur after termination of this action.
16 Thereby appoint [print or type full name] of
sprint or type entity name, full address and
18 || telephone number] as my agent for service of process in connection with this action or any
19 || proceedings related to enforcement of this Stipulation and Order.
20
21 || Date:
22 || City and State where sworn and signed:
23
24 || Printed name:
25
26 || Signature:
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1 ORDER
2 Having considered the parties’ stipulated protective order, and finding good cause, the
3 || Court adopts the stipulated protective order (Doc. 15), subject to the following modifications:
4 Page 9, line 13: “their singing” corrected to “their signing”
5 Page 12, lines 17-20: “Ifa Receiving Party’s request to file Protected Material under seal
6 || pursuant to Civil Local Rule(s) is denied by the court, then the Receiving Party may not file the
7 || information in the public record pursuant to Civil Local Rule(s), or unless otherwise instructed by
8 || the court.” modified to “If a Receiving Party’s request to file Protected Material under seal
Q || pursuant to Civil Local Rule(s) is denied by the court, then the Receiving party may file the
10 || information in the public record pursuant to Civil Local Rule(s), unless otherwise instructed by the
11 || court.”
12 The parties are advised that pursuant to the Local Rules of the United States District Court,
13 || Eastern District of California, any documents subject to the protective order to be filed under seal
Of 14 || must be accompanied by a written request which complies with Local Rule 141 prior to sealing.
15 || The party making a request to file documents under seal shall be required to show good cause for
16 || documents attached to a non-dispositive motion or compelling reasons for documents attached to a
17 || dispositive motion. Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009).
18 || Within five (5) days of any approved document filed under seal, the party shall file a redacted
19 || copy of the sealed document. The redactions shall be narrowly tailored to protect only the
20 || information that is confidential or was deemed confidential.
21 Additionally, the parties shall consider resolving any dispute arising under the stipulated
22 || protective order according to the Court’s informal discovery dispute procedure.
23
24 || IT IS SO ORDERED.
Dated: _ September 3, 2024 |s! Barbara A. McAuliffe
26 UNITED STATES MAGISTRATE JUDGE
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