The opinion
1 OPHIR JOHNA (SBN 228193)
ojohna@maynardnexsen.com
2 KAREN T. TSUI (SBN 305869)
ktsui@maynardnexsen.com
3 MAYNARD NEXSEN LLP
10100 Santa Monica Boulevard, Ste. 550
4 Los Angeles, CA 90067
Telephone: 310.596.4500
5
Attorneys for Defendant
6 Life Insurance Company of the Southwest
erroneously sued as Life Insurance of the Southwest
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11 JOCELYN SUAREZ, Case No. 2:25-cv-02476-MRA-AJRx
12 Plaintiff, (Honorable Monica Ramirez Almadani,
Crtrm. 10B)
13 vs.
14 LIFE INSURANCE OF THE
SOUTHWEST; FRANCIS VILLAREAL; [PROPOSED] STIPULATED
15 RED FINANCIAL, INC., and DOES 1 to PROTECTIVE ORDER
25, inclusive,
16
Defendants.
17
Complaint Filed: February 14, 2025
18
19
20
21
22
23
24
25
26
27
28
1 1. GENERAL
2 1.1 Purposes and Limitations. Discovery in this action is likely to involve
3 production of confidential, proprietary, or private information for which special
4 protection from public disclosure and from use for any purpose other than prosecuting
5 this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition
6 the Court to enter the following Stipulated Protective Order. The parties acknowledge
7 that this Order does not confer blanket protections on all disclosures or responses to
8 discovery and that the protection it affords from public disclosure and use extends only
9 to the limited information or items that are entitled to confidential treatment under the
10 applicable legal principles. The parties further acknowledge, as set forth in Section 12.3,
11 below, that this Stipulated Protective Order does not entitle them to file confidential
12 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be
13 followed and the standards that will be applied when a party seeks permission from the
14 court to file material under seal.
15 1.2 Good Cause Statement. This action involves a dispute over benefits under
16 a life insurance policy that was rescinded by Defendant Life Insurance Company of the
17 Southwest (“LSW”). This action is likely to involve confidential and proprietary
18 materials such as LSW’s underwriting guidelines, records reflecting operational policies
19 and procedures, other company manuals, private information pertaining to individuals,
20 etc., for which special protection from public disclosure and from use for any purpose
21 other than prosecution of this action is warranted.
22 Accordingly, to expedite the flow of information, to facilitate the prompt
23 resolution of disputes over confidentiality of discovery materials, to adequately protect
24 information the parties are entitled to keep confidential, to ensure that the parties are
25 permitted reasonable necessary uses of such material in preparation for and in the conduct
26 of trial, to address their handling at the end of the litigation, and serve the ends of justice,
27 a protective order for such information is justified in this matter. It is the intent of the
28 parties that information will not be designated as confidential for tactical reasons and that
1 nothing be so designated without a good faith belief that it has been maintained in a
2 confidential, non-public manner, and there is good cause why it should not be part of the
3 public record of this case.
4 2. DEFINITIONS
5 2.1 Action: this pending federal lawsuit.
6 2.2 Challenging Party: a Party or Non-Party that challenges the designation of
7 information or items under this Order.
8 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how
9 it is generated, stored or maintained) or tangible things that qualify for protection under
10 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
11 Statement.
12 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
13 support staff).
14 2.5 Designating Party: a Party or Non-Party that designates information or
15 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
16 2.6 Disclosure or Discovery Material: all items or information, regardless of
17 the medium or manner in which it is generated, stored, or maintained (including, among
18 other things, testimony, transcripts, and tangible things), that are produced or generated
19 in disclosures or responses to discovery in this matter.
20 2.7 Expert: a person with specialized knowledge or experience in a matter
21 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
22 expert witness or as a consultant in this Action.
23 2.8 House Counsel: attorneys who are employees of a party to this Action.
24 House Counsel does not include Outside Counsel of Record or any other outside counsel.
25 2.9 Non-Party: any natural person, partnership, corporation, association, or
26 other legal entity not named as a Party to this action.
27 2.10 Outside Counsel of Record: attorneys who are not employees of a party to
28 this Action but are retained to represent or advise a party to this Action and have appeared
1 in this Action on behalf of that party or are affiliated with a law firm that has appeared
2 on behalf of that party, including support staff.
3 2.11 Party: any party to this Action, including all of its officers, directors,
4 employees, consultants, retained experts, and Outside Counsel of Record (and their
5 support staffs).
6 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
7 Discovery Material in this Action.
8 2.13 Professional Vendors: persons or entities that provide litigation support
9 services (e.g., photocopying, videotaping, translating, preparing exhibits or
10 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
11 their employees and subcontractors.
12 2.14 Protected Material: any Disclosure or Discovery Material that is designated
13 as “CONFIDENTIAL.”
14 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
15 from a Producing Party.
16
17 3. SCOPE
18 The protections conferred by this Stipulation and Order cover not only Protected
19 Material (as defined above), but also (1) any information copied or extracted from
20 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
21 Material; and (3) any testimony, conversations, or presentations by Parties or their
22 Counsel that might reveal Protected Material.
23 Any use of Protected Material at trial shall be governed by the orders of the trial
24 judge. This Order does not govern the use of Protected Material at trial.
25
26 4. DURATION
27 Once a case proceeds to trial, all of the court-filed information to be introduced
28 that was previously designated as confidential or maintained pursuant to this protective
1 order becomes public and will be presumptively available to all members of the public,
2 including the press, unless compelling reasons supported by specific factual findings to
3 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v.
4 City and Cty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good
5 cause” showing for sealing documents produced in discovery from “compelling reasons”
6 standard when merits-related documents are part of court record). Accordingly, the terms
7 of this protective order do not extend beyond the commencement of the trial.
8
9 5. DESIGNATING PROTECTED MATERIAL
10 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each
11 Party or Non-Party that designates information or items for protection under this Order
12 must take care to limit any such designation to specific material that qualifies under the
13 appropriate standards. The Designating Party must designate for protection only those
14 parts of material, documents, items, or oral or written communications that qualify so
15 that other portions of the material, documents, items, or communications for which
16 protection is not warranted are not swept unjustifiably within the ambit of this Order.
17 Mass, indiscriminate, or routinized designations are prohibited. Designations that
18 are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,
19 to unnecessarily encumber the case development process or to impose unnecessary
20 expenses and burdens on other parties) may expose the Designating Party to sanctions.
21 If it comes to a Designating Party’s attention that information or items that it
22 designated for protection do not qualify for protection, that Designating Party must
23 promptly notify all other Parties that it is withdrawing the inapplicable designation.
24 5.2 Manner and Timing of Designations. Except as otherwise provided in this
25 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or
26 ordered, Disclosure or Discovery Material that qualifies for protection under this Order
27 must be clearly so designated before the material is disclosed or produced.
28 Designation in conformity with this Order requires:
1 (a) for information in documentary form (e.g., paper or electronic documents, but
2 excluding transcripts of depositions or other pretrial or trial proceedings), that the
3 Producing Party affix, at a minimum, the legend “CONFIDENTIAL” (hereinafter
4 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
5 portion or portions of the material on a page qualifies for protection, the Producing Party
6 also must clearly identify the protected portion(s) (e.g., by making appropriate markings
7 in the margins).
8 A Party or Non-Party that makes original documents available for inspection need
9 not designate them for protection until after the inspecting Party has indicated which
10 documents it would like copied and produced. During the inspection and before the
11 designation, all of the material made available for inspection shall be deemed
12 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
13 copied and produced, the Producing Party must determine which documents, or portions
14 thereof, qualify for protection under this Order. Then, before producing the specified
15 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page
16 that contains Protected Material. If only a portion or portions of the material on a page
17 qualifies for protection, the Producing Party also must clearly identify the protected
18 portion(s) (e.g., by making appropriate markings in the margins).
19 (b) for testimony given in depositions that the Designating Party identify the
20 Disclosure or Discovery Material on the record, before the close of the deposition, or in
21 writing to all parties within 30 days after the Designating Party’s receipt of the deposition
22 transcript.
23 (c) for information produced in some form other than documentary and for any
24 other tangible items, that the Producing Party affix in a prominent place on the exterior
25 of the container or containers in which the information is stored the legend
26 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection,
27 the Producing Party, to the extent practicable, shall identify the protected portion(s).
28 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure
1 to designate qualified information or items does not, standing alone, waive the
2 Designating Party’s right to secure protection under this Order for such material. Upon
3 timely correction of a designation, the Receiving Party must make reasonable efforts to
4 assure that the material is treated in accordance with the provisions of this Order.
5
6 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
7 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation
8 of confidentiality at any time that is consistent with the Court’s Scheduling Order.
9 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
10 process under Local Rule 37-1, et seq. Any discovery motion must strictly comply with
11 the procedures set forth in Local Rules 37-1, 37-2, and 37-3.
12 6.3 Burden. The burden of persuasion in any such challenge proceeding shall
13 be on the Designating Party. Frivolous challenges, and those made for an improper
14 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties)
15 may expose the Challenging Party to sanctions. Unless the Designating Party has waived
16 or withdrawn the confidentiality designation, all parties shall continue to afford the
17 material in question the level of protection to which it is entitled under the Producing
18 Party’s designation until the Court rules on the challenge.
19
20 7. ACCESS TO AND USE OF PROTECTED MATERIAL
21 7.1 Basic Principles. A Receiving Party may use Protected Material that is
22 disclosed or produced by another Party or by a Non-Party in connection with this Action
23 only for prosecuting, defending, or attempting to settle this Action. Such Protected
24 Material may be disclosed only to the categories of persons and under the conditions
25 described in this Order. When the Action has been terminated, a Receiving Party must
26 comply with the provisions of section 13 below (FINAL DISPOSITION).
27 Protected Material must be stored and maintained by a Receiving Party at a
28 location and in a secure manner that ensures that access is limited to the persons
1 authorized under this Order.
2 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
3 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party
4 may disclose any information or item designated “CONFIDENTIAL” only to:
5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
6 employees of said Outside Counsel of Record to whom it is reasonably necessary to
7 disclose the information for this Action;
8 (b) the officers, directors, and employees (including House Counsel) of the
9 Receiving Party to whom disclosure is reasonably necessary for this Action;
10 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure
11 is reasonably necessary for this Action and who have signed the “Acknowledgment and
12 Agreement to Be Bound” (Exhibit A);
13 (d) the Court and its personnel;
14 (e) court reporters and their staff;
15 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to
16 whom disclosure is reasonably necessary for this Action and who have signed the
17 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18 (g) the author or recipient of a document containing the information or a custodian
19 or other person who otherwise possessed or knew the information;
20 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action
21 to whom disclosure is reasonably necessary provided: (1) the deposing party requests that
22 the witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted
23 to keep any confidential information unless they sign the “Acknowledgment and
24 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party
25 or ordered by the Court. Pages of transcribed deposition testimony or exhibits to
26 depositions that reveal Protected Material may be separately bound by the court reporter
27 and may not be disclosed to anyone except as permitted under this Stipulated Protective
28 Order; and
1 (i) any mediator or settlement officer, and their supporting personnel, mutually
2 agreed upon by any of the parties engaged in settlement discussions.
3
4 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
5 IN OTHER LITIGATION
6 If a Party is served with a subpoena or a court order issued in other litigation that
7 compels disclosure of any information or items designated in this Action as
8 “CONFIDENTIAL,” that Party must:
9 (a) promptly notify in writing the Designating Party. Such notification shall
10 include a copy of the subpoena or court order;
11 (b) promptly notify in writing the party who caused the subpoena or order to issue
12 in the other litigation that some or all of the material covered by the subpoena or order is
13 subject to this Protective Order. Such notification shall include a copy of this Stipulated
14 Protective Order; and
15 (c) cooperate with respect to all reasonable procedures sought to be pursued by
16 the Designating Party whose Protected Material may be affected.
17 If the Designating Party timely seeks a protective order, the Party served with the
18 subpoena or court order shall not produce any information designated in this action as
19 “CONFIDENTIAL” before a determination by the court from which the subpoena or
20 order issued, unless the Party has obtained the Designating Party’s permission. The
21 Designating Party shall bear the burden and expense of seeking protection in that court
22 of its confidential material and nothing in these provisions should be construed as
23 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive
24 from another court.
25
26 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
27 PRODUCED IN THIS LITIGATION
28 (a) The terms of this Order are applicable to information produced by a Non-Party
1 in this Action and designated as “CONFIDENTIAL.” Such information produced by
2 Non-Parties in connection with this litigation is protected by the remedies and relief
3 provided by this Order. Nothing in these provisions should be construed as prohibiting
4 a Non-Party from seeking additional protections.
5 (b) In the event that a Party is required, by a valid discovery request, to produce a
6 Non-Party’s confidential information in its possession, and the Party is subject to an
7 agreement with the Non-Party not to produce the Non-Party’s confidential information,
8 then the Party shall:
9 (1) promptly notify in writing the Requesting Party and the Non-Party that some
10 or all of the information requested is subject to a confidentiality agreement with a Non-
11 Party;
12 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order
13 in this Action, the relevant discovery request(s), and a reasonably specific description of
14 the information requested; and
15 (3) make the information requested available for inspection by the Non-Party, if
16 requested.
17 (c) If the Non-Party fails to seek a protective order from this Court within 14 days
18 of receiving the notice and accompanying information, the Receiving Party may produce
19 the Non-Party’s confidential information responsive to the discovery request. If the Non-
20 Party timely seeks a protective order, the Receiving Party shall not produce any
21 information in its possession or control that is subject to the confidentiality agreement
22 with the Non-Party before a determination by the Court. Absent a court order to the
23 contrary, the Non-Party shall bear the burden and expense of seeking protection in this
24 Court of its Protected Material.
25
26 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
27 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
28 Protected Material to any person or in any circumstance not authorized under this
1 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
2 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
3 all unauthorized copies of the Protected Material, (c) inform the person or persons to
4 whom unauthorized disclosures were made of all the terms of this Order, and (d) request
5 such person or persons to execute the “Acknowledgment and Agreement to Be Bound”
6 that is attached hereto as Exhibit A.
7
8 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
9 PROTECTED MATERIAL
10 When a Producing Party gives notice to Receiving Parties that certain
11 inadvertently produced material is subject to a claim of privilege or other protection, the
12 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure
13 26(b)(5)(B). This provision is not intended to modify whatever procedure may be
14 established in an e-discovery order that provides for production without prior privilege
15 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach
16 an agreement on the effect of disclosure of a communication or information covered by
17 the attorney-client privilege or work product protection, the parties may incorporate their
18 agreement in the stipulated protective order submitted to the Court.
19
20 12. MISCELLANEOUS
21 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
22 person to seek its modification by the Court in the future.
23 12.2 Right to Assert Other Objections. By stipulating to the entry of this
24 Protective Order, no Party waives any right it otherwise would have to object to
25 disclosing or producing any information or item on any ground not addressed in this
26 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground
27 to use in evidence of any of the material covered by this Protective Order.
28 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected
1 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed
2 under seal pursuant to a court order authorizing the sealing of the specific Protected
3 Material at issue; good cause must be shown in the request to file under seal. If a Party’s
4 request to file Protected Material under seal is denied by the Court, then the Receiving
5 Party may file the information in the public record unless otherwise instructed by the
6 Court.
7
8 13. FINAL DISPOSITION
9 After the final disposition of this Action, within 60 days of a written request by the
10 Designating Party, each Receiving Party must return all Protected Material to the
11 Producing Party or destroy such material. As used in this subdivision, “all Protected
12 Material” includes all copies, abstracts, compilations, summaries, and any other format
13 reproducing or capturing any of the Protected Material. Whether the Protected Material
14 is returned or destroyed, the Receiving Party must submit a written certification to the
15 Producing Party (and, if not the same person or entity, to the Designating Party) by the
16 60 day deadline that (1) identifies (by category, where appropriate) all the Protected
17 Material that was returned or destroyed, and (2) affirms that the Receiving Party has not
18 retained any copies, abstracts, compilations, summaries or any other format reproducing
19 or capturing any of the Protected Material. Notwithstanding this provision, counsel are
20 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and
21 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits,
22 expert reports, attorney work product, and consultant and expert work product, even if
23 such materials contain Protected Material. Any such archival copies that contain or
24 constitute Protected Material remain subject to this Protective Order as set forth in
25 Section 4 (DURATION).
26 ///
27 ///
28 ///
1 14. VIOLATION OF ORDER
2 Any violation of this Order may be punished by any and all appropriate measures
3 including, without limitation, contempt proceedings and/or monetary sanctions.
4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
5
Dated: November 14, 2025 MAYNARD NEXSEN LLP
6
7 By: /s/ Ophir Johna
OPHIR JOHNA
8 KAREN TSUI
Attorneys for Defendant Life Insurance
9 Company of the Southwest
10
Dated: November 14, 2025 THE FIRM LA, P.C.
11
12 By: /s/ Joseph Hakopian
JOSEPH HAKOPIAN
13 Attorneys for Plaintiff
Jocelyn Suarez
14
15
16 Filer’s Attestation: Pursuant to Local Rule 5-4.3.4(a)(2)(i) regarding signatures,
Ophir Johna hereby attests that concurrence in the filing of this document and its content
17
has been obtained by all signatories listed.
18
/s/ Ophir Johna
19
OPHIR JOHNA
20
21
22
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
23
24
25 DATED:_1_1/_1_7_/2_0_2_5_______ __________________________________
HON. A. JOEL RICHLIN
26
United States Magistrate Judge
27
28
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, _____________________________ [print or type full name], of
5 _________________ [print or type full address], declare under penalty of perjury that I
6 have read in its entirety and understand the Stipulated Protective Order that was issued
7 by the United States District Court for the Central District of California on [date] in the
8 case of ___________ Jocelyn Suarez v. Life Insurance Company of the Southwest, et al.,
9 Case No. 2:25-cv-02476-MRA-AJRx. I agree to comply with and to be bound by all the
10 terms of this Stipulated Protective Order, and I understand and acknowledge that failure
11 to so comply could expose me to sanctions and punishment in the nature of contempt. I
12 solemnly promise that I will not disclose in any manner any information or item that is
13 subject to this Stipulated Protective Order to any person or entity except in strict
14 compliance with the provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District Court for
16 the Central District of California for the purpose of enforcing the terms of this Stipulated
17 Protective Order, even if such enforcement proceedings occur after termination of this
18 action. I hereby appoint __________________________ [print or type full name] of
19 _______________________________________ [print or type full address and
20 telephone number] as my California agent for service of process in connection with this
21 action or any proceedings related to enforcement of this Stipulated Protective Order.
22 Date: ______________________________________
23 City and State where sworn and signed: _________________________________
24
25 Printed name: _______________________________
26
Signature: __________________________________
27
28