Opinion

Opinion

Court
District Court, C.D. California
Filed
Oct 31, 2025
Cited by
0 cases

The opinion

1 Wwbiellnianmet tS@. Bsdevnlnaewtt.c, oEmsq . (SBN 315537)

2 Kyle A. Rudolph (SBN 345277)

krudolph@sdvlaw.com

3 SAXE DOERNBERGER & VITA, P.C.

One Better World Circle, Suite 300

4 Temecula, CA 92590

Tel: (951) 365 – 3145

5 Fax: (203) 287 – 8847

6 Bryan R. Freeman, Esq. (Pro Hac Vice)

bryan.freeman@maslon.com

7 Judah A. Druck, Esq. (Pro Hac Vice)

judah.druck@maslon.com

8 MASLON LLP

225 South 6th Street, Suite 2900

9 Minneapolis, MN 55402

Tel: (612) 672-8200

10 Fax: (612) 642-8397

11

Attorneys for Plaintiff,

12 CAMBRIA COMPANY LLC

13

UNITED STATES DISTRICT COURT

14 CENTRAL DISTRICT OF CALIFORNIA

15

CAMBRIA COMPANY LLC,

16 Case No. 2:24-cv-01913-MEMF-

Plaintiff, MBK

17 vs.

[PROPOSED] STIPULATED

18 PHILADELPHIA INDEMNITY PROTECTIVE ORDER

INSURANCE COMPANY,

19

Defendant. [DISCOVERY MATTER]

20

21

22 1. GENERAL

23 1.1 Purposes and Limitations. Discovery in this action is likely to involve

24 production of confidential, proprietary, or private information for which special

25 protection from public disclosure and from use for any purpose other than prosecuting

26 this litigation may be warranted. Accordingly, the parties hereby stipulate to and

27 petition the Court to enter the following Stipulated Protective Order. The parties

28 acknowledge that this Order does not confer blanket protections on all disclosures or

1 responses to discovery and that the protection it affords from public disclosure and

2 use extends only to the limited information or items that are entitled to confidential

3 treatment under the applicable legal principles. The parties further acknowledge, as

4 set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle

5 them to file confidential information under seal; Civil Local Rule 79-5 sets forth the

6 procedures that must be followed and the standards that will be applied when a party

7 seeks permission from the court to file material under seal.

8 1.2 Good Cause Statement.

9 This action is likely to involve confidential commercial, financial, technical

10 and/or proprietary information for which special protection from public disclosure

11 and from use for any purpose other than prosecution of this action is warranted. Such

12 confidential and proprietary materials and information consist of, among other things,

13 confidential business or financial information, information regarding confidential

14 business practices, or other confidential commercial information (including

15 information implicating privacy rights of third parties), information otherwise

16 generally unavailable to the public, or which may be privileged or otherwise protected

17 from disclosure under state or federal statutes, court rules, case decisions, or common

18 law. Accordingly, to expedite the flow of information, to facilitate the prompt

19 resolution of disputes over confidentiality of discovery materials, to adequately

20 protect information the parties are entitled to keep confidential, to ensure that the

21 parties are permitted reasonable necessary uses of such material in preparation for and

22 in the conduct of trial, to address their handling at the end of the litigation, and serve

23 the ends of justice, a protective order for such information is justified in this matter.

24 It is the intent of the parties that information will not be designated as confidential for

25 tactical reasons and that nothing be so designated without a good faith belief that it

26 has been maintained in a confidential, non-public manner, and there is good cause

27 why it should not be part of the public record of this case.

28 2. DEFINITIONS

1 2.1 Action: the above-captioned case.

2 2.2 Challenging Party: a Party or Non-Party that challenges the designation

3 of information or items under this Order.

4 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

5 how it is generated, stored or maintained) or tangible things that qualify for protection

6 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

7 Cause Statement.

8 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

9 support staff).

10 2.5 Designating Party: a Party or Non-Party that designates information or

11 items that it produces in disclosures or in responses to discovery as

12 “CONFIDENTIAL.”

13 2.6 Disclosure or Discovery Material: all items or information, regardless

14 of the medium or manner in which it is generated, stored, or maintained (including,

15 among other things, testimony, transcripts, and tangible things), that are produced or

16 generated in disclosures or responses to discovery in this matter.

17 2.7 Expert: a person with specialized knowledge or experience in a matter

18 pertinent to the litigation who has been retained by a Party or its counsel to serve as

19 an expert witness or as a consultant in this Action.

20 2.8 House Counsel: attorneys who are employees of a party to this Action.

21 House Counsel does not include Outside Counsel of Record or any other outside

22 counsel.

23 2.9 Non-Party: any natural person, partnership, corporation, association, or

24 other legal entity not named as a Party to this action.

25 2.10 Outside Counsel of Record: attorneys who are not employees of a party

26 to this Action but are retained to represent or advise a party to this Action and have

27 appeared in this Action on behalf of that party or are affiliated with a law firm that

28 has appeared on behalf of that party, including support staff.

1 2.11 Party: any party to this Action, including all of its officers, directors,

2 employees, consultants, retained experts, and Outside Counsel of Record (and their

3 support staffs).

4 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

5 Discovery Material in this Action.

6 2.13 Professional Vendors: persons or entities that provide litigation support

7 services (e.g., photocopying, videotaping, translating, preparing exhibits or

8 demonstrations, and organizing, storing, or retrieving data in any form or medium)

9 and their employees and subcontractors.

10 2.14 Protected Material: any Disclosure or Discovery Material that is

11 designated as “CONFIDENTIAL.”

12 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

13 from a Producing Party.

14 3. SCOPE

15 The protections conferred by this Stipulation and Order cover not only

16 Protected Material (as defined above), but also (1) any information copied or extracted

17 from Protected Material; (2) all copies, excerpts, summaries, or compilations of

18 Protected Material; and (3) any testimony, conversations, or presentations by Parties

19 or their Counsel that might reveal Protected Material.

20 Any use of Protected Material at trial shall be governed by the orders of the

21 trial judge. This Order does not govern the use of Protected Material at trial.

22 4. DURATION

23 Once a case proceeds to trial, all of the court-filed information to be introduced

24 that was previously designated as confidential or maintained pursuant to this

25 protective order becomes public and will be presumptively available to all members

26 of the public, including the press, unless compelling reasons supported by specific

27 factual findings to proceed otherwise are made to the trial judge in advance of the

28 trial. See Kamakana v. City and Cty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir.

1 2006) (distinguishing “good cause” showing for sealing documents produced in

2 discovery from “compelling reasons” standard when merits-related documents are

3 part of court record). Accordingly, the terms of this protective order do not extend

4 beyond the commencement of the trial.

5 5. DESIGNATING PROTECTED MATERIAL

6 5.1 Exercise of Restraint and Care in Designating Material for Protection.

7 Each Party or Non-Party that designates information or items for protection under this

8 Order must take care to limit any such designation to specific material that qualifies

9 under the appropriate standards. The Designating Party must designate for protection

10 only those parts of material, documents, items, or oral or written communications that

11 qualify so that other portions of the material, documents, items, or communications

12 for which protection is not warranted are not swept unjustifiably within the ambit of

13 this Order.

14 Mass, indiscriminate, or routinized designations are prohibited. Designations

15 that are shown to be clearly unjustified or that have been made for an improper

16 purpose (e.g., to unnecessarily encumber the case development process or to impose

17 unnecessary expenses and burdens on other parties) may expose the Designating Party

18 to sanctions.

19 If it comes to a Designating Party’s attention that information or items that it

20 designated for protection do not qualify for protection, that Designating Party must

21 promptly notify all other Parties that it is withdrawing the inapplicable designation.

22 5.2 Manner and Timing of Designations. Except as otherwise provided in

23 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

24 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

25 under this Order must be clearly so designated before the material is disclosed or

26 produced.

27 Designation in conformity with this Order requires:

28

1 (a) for information in documentary form (e.g., paper or electronic

2 documents, but excluding transcripts of depositions or other pretrial or trial

3 proceedings), that the Producing Party affix, at a minimum, the legend

4 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

5 contains protected material. If only a portion or portions of the material on a page

6 qualifies for protection, the Producing Party also must clearly identify the protected

7 portion(s) (e.g., by making appropriate markings in the margins).

8 A Party or Non-Party that makes original documents available for inspection

9 need not designate them for protection until after the inspecting Party has indicated

10 which documents it would like copied and produced. During the inspection and

11 before the designation, all of the material made available for inspection shall be

12 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents

13 it wants copied and produced, the Producing Party must determine which documents,

14 or portions thereof, qualify for protection under this Order. Then, before producing

15 the specified documents, the Producing Party must affix the “CONFIDENTIAL

16 legend” to each page that contains Protected Material. If only a portion or portions

17 of the material on a page qualifies for protection, the Producing Party also must clearly

18 identify the protected portion(s) (e.g., by making appropriate markings in the

19 margins).

20 (b) for testimony given in depositions that the Designating Party identify

21 the Disclosure or Discovery Material on the record, before the close of the deposition.

22 (c) for information produced in some form other than documentary and

23 for any other tangible items, that the Producing Party affix in a prominent place on

24 the exterior of the container or containers in which the information is stored the legend

25 “CONFIDENTIAL.” If only a portion or portions of the information warrants

26 protection, the Producing Party, to the extent practicable, shall identify the protected

27 portion(s).

28

1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

2 failure to designate qualified information or items does not, standing alone, waive the

3 Designating Party’s right to secure protection under this Order for such material.

4 Upon timely correction of a designation, the Receiving Party must make reasonable

5 efforts to assure that the material is treated in accordance with the provisions of this

6 Order.

7 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

8 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

9 designation of confidentiality at any time that is consistent with the Court’s

10 Scheduling Order.

11 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

12 resolution process under Local Rule 37-1, et seq, as modified by Judge Kaufman’s

13 Procedures. See https://www.cacd.uscourts.gov/honorable-michael-b-kaufman. Any

14 discovery motion must strictly comply with these procedures.

15 6.3 Burden. The burden of persuasion in any such challenge proceeding

16 shall be on the Designating Party. Frivolous challenges, and those made for an

17 improper purpose (e.g., to harass or impose unnecessary expenses and burdens on

18 other parties) may expose the Challenging Party to sanctions. Unless the Designating

19 Party has waived or withdrawn the confidentiality designation, all parties shall

20 continue to afford the material in question the level of protection to which it is entitled

21 under the Producing Party’s designation until the Court rules on the challenge.

22

23

24

25

26

27

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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 “CONFIDENTIAL” Information or Items. Unless

12 otherwise ordered by the Court or permitted in writing by the Designating Party, a

13 Receiving Party may disclose any information or item designated

14 “CONFIDENTIAL” only to:

15 (a) the Receiving Party’s Outside Counsel of Record in this Action, as

16 well as employees of said Outside Counsel of Record to whom it is reasonably

17 necessary to disclose the information for this Action;

18 (b) the officers, directors, and employees (including House Counsel) of

19 the Receiving Party to whom disclosure is reasonably necessary for this Action;

20 (c) Experts (as defined in this Order) of the Receiving Party to whom

21 disclosure is reasonably necessary for this Action and who have signed the

22 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

23 (d) the Court and its personnel;

24 (e) court reporters and their staff;

25 (f) professional jury or trial consultants, mock jurors, and Professional

26 Vendors to whom disclosure is reasonably necessary for this Action and who have

27 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

28

1 (g) the author or recipient of a document containing the information or

2 a custodian or other person who otherwise possessed or knew the information;

3 (h) during their depositions, witnesses, and attorneys for witnesses, in

4 the Action to whom disclosure is reasonably necessary provided: (1) the deposing

5 party requests that the witness sign the form attached as Exhibit A hereto; and (2) they

6 will not be permitted to keep any confidential information unless they sign the

7 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

8 agreed by the Designating Party or ordered by the Court. Pages of transcribed

9 deposition testimony or exhibits to depositions that reveal Protected Material may be

10 separately bound by the court reporter and may not be disclosed to anyone except as

11 permitted under this Stipulated Protective Order; and

12 (i) any mediator or settlement officer, and their supporting personnel,

13 mutually agreed upon by any of the parties engaged in settlement discussions.

14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

15 PRODUCED IN OTHER LITIGATION

16 If a Party is served with a subpoena or a court order issued in other litigation

17 that compels disclosure of any information or items designated in this Action as

18 “CONFIDENTIAL,” that Party must:

19 (a) promptly notify in writing the Designating Party. Such notification shall

20 include a copy of the subpoena or court order;

21 (b) promptly notify in writing the party who caused the subpoena or order to

22 issue in the other litigation that some or all of the material covered by the subpoena

23 or order is subject to this Protective Order. Such notification shall include a copy of

24 this Stipulated Protective Order; and

25 (c) cooperate with respect to all reasonable procedures sought to be pursued

26 by the Designating Party whose Protected Material may be affected.

27 If the Designating Party timely seeks a protective order, the Party served with

28 the subpoena or court order shall not produce any information designated in this action

1 as “CONFIDENTIAL” before a determination by the court from which the subpoena

2 or order issued, unless the Party has obtained the Designating Party’s permission. The

3 Designating Party shall bear the burden and expense of seeking protection in that court

4 of its confidential material and nothing in these provisions should be construed as

5 authorizing or encouraging a Receiving Party in this Action to disobey a lawful

6 directive from another court.

7 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

8 PRODUCED IN THIS LITIGATION

9 (a) The terms of this Order are applicable to information produced by a Non-

10 Party in this Action and designated as “CONFIDENTIAL.” Such information

11 produced by Non-Parties in connection with this litigation is protected by the

12 remedies and relief provided by this Order. Nothing in these provisions should be

13 construed as prohibiting a Non-Party from seeking additional protections.

14 (b) In the event that a Party is required, by a valid discovery request, to produce

15 a Non-Party’s confidential information in its possession, and the Party is subject to an

16 agreement with the Non-Party not to produce the Non-Party’s confidential

17 information, then the Party shall:

18 (1) promptly notify in writing the Requesting Party and the Non-Party

19 that some or all of the information requested is subject to a confidentiality agreement

20 with a Non-Party;

21 (2) promptly provide the Non-Party with a copy of the Stipulated

22 Protective Order in this Action, the relevant discovery request(s), and a reasonably

23 specific description of the information requested; and

24 (3) make the information requested available for inspection by the Non-

25 Party, if requested.

26 (c) If the Non-Party fails to seek a protective order from this Court within 14

27 days of receiving the notice and accompanying information, the Receiving Party may

28 produce the Non-Party’s confidential information responsive to the discovery request.

1 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

2 any information in its possession or control that is subject to the confidentiality

3 agreement with the Non-Party before a determination by the Court. Absent a court

4 order to the contrary, the Non-Party shall bear the burden and expense of seeking

5 protection in this Court of its Protected Material.

6 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

8 Protected Material to any person or in any circumstance not authorized under this

9 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

10 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

11 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

12 persons to whom unauthorized disclosures were made of all the terms of this Order,

13 and (d) request such person or persons to execute the “Acknowledgment and

14 Agreement to Be Bound” that is attached hereto as Exhibit A.

15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

16 PROTECTED MATERIAL

17 When a Producing Party gives notice to Receiving Parties that certain

18 inadvertently produced material is subject to a claim of privilege or other protection,

19 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

20 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

21 may be established in an e-discovery order that provides for production without prior

22 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

23 parties reach an agreement on the effect of disclosure of a communication or

24 information covered by the attorney-client privilege or work product protection, the

25 parties may incorporate their agreement in the stipulated protective order submitted

26 to the Court.

27

28

1 12. MISCELLANEOUS

2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

3 person to seek its modification by the Court in the future.

4 12.2 Right to Assert Other Objections. By stipulating to the entry of this

5 Protective Order, no Party waives any right it otherwise would have to object to

6 disclosing or producing any information or item on any ground not addressed in this

7 Stipulated Protective Order. Similarly, no Party waives any right to object on any

8 ground to use in evidence of any of the material covered by this Protective Order.

9 12.3 Filing Protected Material. A Party that seeks to file under seal any

10 Protected Material must comply with Civil Local Rule 79-5. Protected Material may

11 only be filed under seal pursuant to a court order authorizing the sealing of the specific

12 Protected Material at issue; good cause must be shown in the request to file under

13 seal. If a Party’s request to file Protected Material under seal is denied by the Court,

14 then the Receiving Party may file the information in the public record unless

15 otherwise instructed by the Court.

16 13. FINAL DISPOSITION

17 After the final disposition of this Action, within 60 days of a written request by

18 the Designating Party, each Receiving Party must return all Protected Material to the

19 Producing Party or destroy such material. As used in this subdivision, “all Protected

20 Material” includes all copies, abstracts, compilations, summaries, and any other

21 format reproducing or capturing any of the Protected Material. Whether the Protected

22 Material is returned or destroyed, the Receiving Party must submit a written

23 certification to the Producing Party (and, if not the same person or entity, to the

24 Designating Party) by the 60 day deadline that (1) identifies (by category, where

25 appropriate) all the Protected Material that was returned or destroyed, and (2) affirms

26 that the Receiving Party has not retained any copies, abstracts, compilations,

27 summaries or any other format reproducing or capturing any of the Protected Material.

28 However, the Parties acknowledge that Receiving Parties shall be permitted to retain

1 Protected Material as necessary to comply with their document retention policies,

2 regulatory or legal obligations, or reinsurance requirements. Any such retained

3 materials shall continue to be maintained as Protected Material subject to the terms of

4 this Protective Order. Notwithstanding this provision, counsel are entitled to retain an

5 archival copy of all pleadings, motion papers, trial, deposition, and hearing

6 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

7 reports, attorney work product, and consultant and expert work product, even if such

8 materials contain Protected Material. Any such archival copies that contain or

9 constitute Protected Material remain subject to this Protective Order as set forth in

10 Section 4 (DURATION).

11 14. VIOLATION OF ORDER

12 Any violation of this Order may be punished by any and all appropriate

13 measures including, without limitation, contempt proceedings and/or monetary

14 sanctions.

15

16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

17

18

Respectfully submitted,

19

Dated: October 30, 2025 Maslon LLP

20

By: /s/ Bryan R. Freeman

21 Bryan R. Freeman, Esq.

Judah A. Druck, Esq.

22

Saxe Doernberger & Vita, P.C.

23 William S. Bennett, Esq.

Kyle A. Rudolph, Esq.

24

25 Attorneys for Plaintiff Cambria

Company LLC

26

27

28

1

2 By: /s/ Samantha K. Shafer

Linda Bondi Morrison, Esq.

3

Samantha K. Shafer, Esq.

4

Attorneys for Defendant

5

Philadelphia Indemnity Insurance

6 Company

7

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [full name], of _________________

4 [full address], declare under penalty of perjury that I have read in its entirety and

5 understand the Stipulated Protective Order that was issued by the United States

6 District Court for the Central District of California on ____________ [date] in the

7 case of Philadelphia Indemnity Insurance Company v. Cambria Company LLC, No.

8 2:24-cv-01913-MEMF-MBK (C.D. Cal.). I agree to comply with and to be bound by

9 all the terms of this Stipulated Protective Order and I understand and acknowledge

10 that failure to so comply could expose me to sanctions and punishment in the nature

11 of contempt. I solemnly promise that I will not disclose in any manner any

12 information or item that is subject to this Stipulated Protective Order to any person or

13 entity except in strict compliance with the provisions of this Order.

14 I further agree to submit to the jurisdiction of the United States District Court

15 for the Central District of California for the purpose of enforcing the terms of this

16 Stipulated Protective Order, even if such enforcement proceedings occur after

17 termination of this action. I hereby appoint __________________________ [full

18 name] of _______________________________________ [full address and

19 telephone number] as my California agent for service of process in connection with

20 this action or any proceedings related to enforcement of this Stipulated Protective

21 Order.

22 Date: ______________________________________

23 City and State where signed: _________________________________

24

25 Printed name: _______________________________

26

27 Signature: __________________________________

28

1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10 GAMBRIA COMPANY LLC, Case No.: 2:24-cv-01913-MEMF-MBK

11

Plaintiff,

12 vs anti ORDER RE STIPULATED

13 PROTECTIVE ORDER

14 || PHILADELPHIA INDEMNITY

15 || INSURANCE COMPANY, [DISCOVERY MATTER]

16 Defendant.

17

18

19

20 GOOD CAUSE APPEARING, the Court hereby approves this Stipulated

21 || Protective Order.

22

IT IS SO ORDERED.

24 ||DATED: _ 10/31/2025 LACE fp

25 Hon. Michael B. Kaufman

United States District Judge

27

28

ORDER RE STIPULATED PROTECTIVE ORDER

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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