The opinion
1 STEPHEN M HAYES (SBN 83583)
shayes@hayesscott.com
2 RYAN Z. KELLER (SBN 249193)
rkeller@hayesscott.com
3 HAYES SCOTT BONINO
ELLINGSON & GUSLANI LLP
4 333 Twin Dolphin Drive, Suite 230
Redwood City, CA 94065
5 Telephone: (650) 637-9100
6 Attorney for Plaintiff/Counterdefendants
NATIONAL GENERAL INSURANCE
7 COMPANY; INTEGON NATIONAL INSURANCE
COMPANY; ALLSTATE CORPORATION
8
MARK S. ALGORRI (SBN 88859)
9 mark@daalaw.com
PATRICK NOLAN (SBN 268031)
10 patrick@daalaw.com
DeWITT ALGORRI +_ALGORRI, LLP
11 25 East Union Street
Pasadena, CA 91103
12 Telephone: (626) 568-4000
13 BRUCE B. PALUMBO (SBN 54272)
bruce@brucepalumbo.com
14 LAW OFFICES OF BRUCE PALUMBO
25 East Union Street
15 Pasadena, CA 91103
Telephone: (626) 826-9800
16
DONALD G. LIDDY (SBN 147157)
17 dl@liddylawfirm.com
LIDDY LAW FIRM
18 234 East Colorado Boulevard, Suite 630
Pasadena, CA 91101
19 Telephone: (626) 628-3960
20 GREGORY R. VANNI (SBN 106641)
gvanni@thonbeck.com
21 THON BECK VANNI CALLAHAN & POWELL, APC
140 South Lake Avenue, Suite 208
22 Pasadena, CA 91101
Telephone: (626) 208-9906
23
Attorneys for Defendant/Counterclaimant
24 MARSHALL TANAKA
25 BRIAN D. MCMAHON (SBN 147662)
bdmaclaw@gmail.com
26 McMAHON LAW, APC
475 Washington Boulevard
27 Marina Del Ray, CA 90292
Telephone: (310) 439-3719
28
1 Attorneys for Defendant/Counterclaimant
KAJ FAABORG
2
3 UNITED STATES DISTRICT COURT
4 CENTRAL DISTRICT OF CALIFORNIA
5
INTEGON NATIONAL INSURANCE CASE NO: 2:25-cv-07062-AH-JPRx
6 COMPANY, [Consolidated with Case No. 2:25-cv-
09469-AH-RAO]
7 Plaintiff, Assigned to District Judge Hon. Anne
vs. Hwang and Magistrate Judge Jean P.
8 Rosenbluth
KAJ FAABORG; MARSHALL
9 TANAKA; LINDA MARIE AVERSA, as
successor in interest to the estate of AMENDED STIPULATION AND
10 JEREMY RICHARD OLIVAS, deceased; PROTECTIVE ORDER
AND does 1 through 25, inclusive,
11
Defendants. Complaint filed: July 31, 2025
12 Counterclaim filed: Dec. 1, 2025
13 MARSHALL TANAKA; and KAJ
WENDALL FAABORG,
14
Counterclaimants,
15
vs.
16
NATIONAL GENERAL INSURANCE
17 COMPANY; INTEGON NATIONAL
INSURANCE COMPANY; ALLSTATE
18 CORPORATION; and DOES 1 through Original Complaint filed: Sept. 9, 2025
50, Inclusive, Removed to Fed. Court: Oct. 3, 2025
19 Trial Date: February 9, 2027
Counterdefendants.
20
21
22
23
24
25
26
27
28
1 1. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 proprietary or private information for which special protection from public disclosure
4 and from use for any purpose other than pursuing this litigation may be warranted.
5 Accordingly, the parties hereby stipulate to and petition the Court to enter the
6 following Stipulated Protective Order. The parties acknowledge that this Order does
7 not confer blanket protections on all disclosures or responses to discovery and that
8 the protection it affords from public disclosure and use extends only to the limited
9 information or items that are entitled to confidential treatment under the applicable
10 legal principles.
11 2. GOOD CAUSE STATEMENT
12 This action is likely to involve trade secrets, customer and pricing lists and
13 other valuable research, development, commercial, financial, technical and/or
14 proprietary information for which special protection from public disclosure and from
15 use for any purpose other than prosecution of this action is warranted. Such
16 confidential and proprietary materials and information consist of, among other things,
17 confidential business or financial information, information regarding confidential
18 business practices, proprietary and confidential information (including insurance
19 claim handling materials, training materials, internal policies and procedures),or
20 other confidential research, development, or commercial information (including
21 information implicating privacy rights of third parties), information otherwise
22 generally unavailable to the public, or which may be privileged or otherwise
23 protected from disclosure under state or federal statutes, court rules, case decisions,
24 or common law. Disclosure of such materials without protection could result in
25 competitive harm, improper use outside this litigation, and invasion of privacy
26 interests. Accordingly, to expedite the flow of information, to facilitate the prompt
27 resolution of disputes over confidentiality of discovery materials, to adequately
28 protect information the parties are entitled to keep confidential, to ensure that the
1 parties are permitted reasonable necessary uses of such material in preparation for
2 and in the conduct of trial, to address their handling at the end of the litigation, and
3 serve the ends of justice, a protective order for such information is justified in this
4 matter. It is the intent of the parties that information will not be designated as
5 confidential for tactical reasons and that nothing be so designated without a good
6 faith belief that it has been maintained in a confidential, non-public manner, and there
7 is good cause why it should not be part of the public record of this case.
8 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
9 The parties further acknowledge, as set forth in Section 14.3, below, that this
10 Stipulated Protective Order does not entitle them to file confidential information
11 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and
12 the standards that will be applied when a party seeks permission from the court to file
13 material under seal. There is a strong presumption that the public has a right of
14 access to judicial proceedings and records in civil cases. In connection with non-
15 dispositive motions, good cause must be shown to support a filing under seal. See
16 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),
17 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-
18 Welbon 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 showing of
20 good cause or compelling reasons with proper evidentiary support and legal
21 justification, must be made with respect to Protected Material that a party seeks to
22 file under seal. The parties’ mere designation of Disclosure or Discovery Material as
23 CONFIDENTIAL does not—without the submission of competent evidence by
24 declaration, establishing that the material sought to be filed under seal qualifies as
25 confidential, privileged, or otherwise protectable—constitute good cause. The
26 designation of material as “Confidential” does not entitle any party to file such
27 material under seal. Any request to file under seal must comply with Local Rule 79-
28 5 and applicable Ninth Circuit authority, including Kamakana v. City and County of
1 Honolulu. A party must make a particularized showing of good cause or compelling
2 reasons to justify sealing.
3 Further, if a party requests sealing related to a dispositive motion or trial, then
4 compelling reasons, not only good cause, for the sealing must be shown, and the
5 relief sought shall be narrowly tailored to serve the specific interest to be protected.
6 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For
7 each item or type of information, document, or thing sought to be filed or introduced
8 under seal, the party seeking protection must articulate compelling reasons, supported
9 by specific facts and legal justification, for the requested sealing order. Again,
10 competent evidence supporting the application to file documents under seal must be
11 provided by declaration.
12 Any document that is not confidential, privileged, or otherwise protectable in
13 its entirety will not be filed under seal if the confidential portions can be redacted. If
14 documents can be redacted, then a redacted version for public viewing, omitting only
15 the confidential, privileged, or otherwise protectable portions of the document, shall
16 be filed. The Designating Party must provide a privilege log for each redacted item.
17 Any application that seeks to file documents under seal in their entirety should
18 include an explanation of why redaction is not feasible.
19 4. DEFINITIONS
20 4.1 Action: this pending federal lawsuit; Case No. 2:25-cv-07062-AH-JPRx
21 (Consolidated with Case No. 2:25-cv-09469-AH-RAO).
22 4.2 Challenging Party: a Party or Non-Party that challenges the designation
23 of information or items under this Order.
24 4.3 “CONFIDENTIAL” Information or Items: information (regardless of
25 how it is generated, stored or maintained) or tangible things that qualify for
26 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the
27 Good Cause Statement.
28 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as
1 their support staff).
2 4.5 Designating Party: a Party or Non-Party that designates information or
3 items that it produces in disclosures or in responses to discovery as
4 “CONFIDENTIAL.”
5 4.6 Disclosure or Discovery Material: all items or information, regardless of
6 the medium or manner in which it is generated, stored, or maintained (including,
7 among other things, testimony, transcripts, and tangible things), that are produced or
8 generated in disclosures or responses to discovery.
9 4.7 Expert: a person with specialized knowledge or experience in a matter
10 pertinent to the litigation who has been retained by a Party or its counsel to serve as
11 an expert witness or as a consultant in this Action.
12 4.8 House Counsel: attorneys who are employees of a party to this Action.
13 House Counsel does not include Outside Counsel of Record or any other outside
14 counsel.
15 4.9 Non-Party: any natural person, partnership, corporation, association or
16 other legal entity not named as a Party to this action.
17 4.10 Outside Counsel of Record: attorneys who are not employees of a party
18 to this Action but are retained to represent a party to this Action and have appeared in
19 this Action on behalf of that party or are affiliated with a law firm that has appeared
20 on behalf of that party, and includes support staff.
21 4.11 Party: any party to this Action, including all of its officers, directors,
22 employees, consultants, retained experts, and Outside Counsel of Record (and their
23 support staffs).
24 4.12 Producing Party: a Party or Non-Party that produces Disclosure or
25 Discovery Material in this Action.
26 4.13 Professional Vendors: persons or entities that provide litigation support
27 services (e.g., photocopying, videotaping, translating, preparing exhibits or
28 demonstrations, and organizing, storing, or retrieving data in any form or medium)
1 and their employees and subcontractors.
2 4.14 Protected Material: any Disclosure or Discovery Material that is
3 designated as “CONFIDENTIAL.”
4 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material
5 from a Producing Party.
6 5. SCOPE
7 The protections conferred by this Stipulation and Order cover not only
8 Protected Material (as defined above), but also (1) any information copied or
9 extracted from Protected Material; (2) all copies, excerpts, summaries, or
10 compilations of Protected Material; and (3) any testimony, conversations, or
11 presentations by Parties or their Counsel that might reveal Protected Material. Any
12 use of Protected Material at trial shall be governed by the orders of the trial judge and
13 other applicable authorities. This Order does not govern the use of Protected
14 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 introduced
18 as an exhibit at trial becomes public and will be presumptively available to all
19 members of the public, including the press, unless compelling reasons supported by
20 specific factual findings to proceed otherwise are made to the trial judge in advance
21 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”
22 showing for sealing documents produced in discovery from “compelling reasons”
23 standard when merits-related documents are part of court record). Accordingly, the
24 terms of this protective order do not extend beyond the commencement of the trial.
25 7. DESIGNATING PROTECTED MATERIAL
26 7.1 Exercise of Restraint and Care in Designating Material for Protection.
27 Each Party or Non-Party that designates information or items for protection under
28 this Order must take care to limit any such designation to specific material that
1 qualifies under the appropriate standards. The Designating Party must designate for
2 protection only those parts of material, documents, items or oral or written
3 communications that qualify so that other portions of the material, documents, items
4 or communications for which protection is not warranted are not swept unjustifiably
5 within the ambit of this Order.
6 Mass, indiscriminate or routinized designations are prohibited. Designations
7 that are shown to be clearly unjustified or that have been made for an improper
8 purpose (e.g., to unnecessarily encumber the case development process or to impose
9 unnecessary expenses and burdens on other parties) may expose the Designating
10 Party to sanctions.
11 If it comes to a Designating Party’s attention that information or items that it
12 designated for protection do not qualify for protection, that Designating Party must
13 promptly notify all other Parties that it is withdrawing the inapplicable designation.
14 7.2 Manner and Timing of Designations. Except as otherwise provided in
15 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material
16 that qualifies for protection under this Order must be clearly so designated before the
17 material is disclosed or produced. Designation in conformity with this Order
18 requires:
19 (a) for information in documentary form (e.g., paper or electronic
20 documents, but excluding transcripts of depositions or other pretrial or trial
21 proceedings), that the Producing Party affix at a minimum, the legend
22 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
23 contains protected material. If only a portion of the material on a page qualifies for
24 protection, the Producing Party also must clearly identify the protected portion(s)
25 (e.g., by making appropriate markings in the margins). A Party or Non-Party that
26 makes original documents available for inspection need not designate them for
27 protection until after the inspecting Party has indicated which documents it would
28 like copied and produced. During the inspection and before the designation, all of
1 the material made available for inspection shall be deemed “CONFIDENTIAL.”
2 After the inspecting Party has identified the documents it wants copied and produced,
3 the Producing Party must determine which documents, or portions thereof, qualify for
4 protection under this Order. Then, before producing the specified documents, the
5 Producing Party must affix the “CONFIDENTIAL legend” to each page that contains
6 Protected Material. If only a portion of the material on a page qualifies for
7 protection, the Producing Party also must clearly identify the protected portion(s)
8 (e.g., by making appropriate markings in the margins).
9 (b) for testimony given in depositions that the Designating Party
10 identifies the Disclosure or Discovery Material on the record, before the close of the
11 deposition all protected testimony.
12 (c) for information produced in some form other than documentary and
13 for any other tangible items, that the Producing Party affix in a prominent place on
14 the exterior of the container or containers in which the information is stored the
15 legend “CONFIDENTIAL.” If only a portion or portions of the information warrants
16 protection, the Producing Party, to the extent practicable, shall identify the protected
17 portion(s).
18 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
19 failure to designate qualified information or items does not, standing alone, waive the
20 Designating Party’s right to secure protection under this Order for such material.
21 Upon timely correction of a designation, the Receiving Party must make reasonable
22 efforts to assure that the material is treated in accordance with the provisions of this
23 Order.
24 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
25 8.1 Timing of Challenges. Any Party or Non-Party may challenge a
26 designation of confidentiality at any time that is consistent with the Court’s
27 Scheduling Order.
28 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
1 resolution process under Local Rule 37-1 et seq.
2 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
3 joint stipulation pursuant to Local Rule 37-2.
4 8.4 The burden of persuasion in any such challenge proceeding shall be on
5 the Designating Party. Frivolous challenges, and those made for an improper
6 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties)
7 may expose the Challenging Party to sanctions. Unless the Designating Party has
8 waived or withdrawn the confidentiality designation, all parties shall continue to
9 afford the material in question the level of protection to which it is entitled under the
10 Producing Party’s designation until the Court rules on the challenge.
11 9. ACCESS TO AND USE OF PROTECTED MATERIAL
12 9.1 Basic Principles. A Receiving Party may use Protected Material that is
13 disclosed or produced by another Party or by a Non-Party in connection with this
14 Action only for prosecuting, defending or attempting to settle this Action. Such
15 Protected Material may be disclosed only to the categories of persons and under the
16 conditions described in this Order. When the Action has been terminated, a
17 Receiving Party must comply with the provisions of section 15 below (FINAL
18 DISPOSITION).
19 Protected Material must be stored and maintained by a Receiving Party at a
20 location and in a secure manner that ensures that access is limited to the persons
21 authorized under this Order.
22 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
23 otherwise ordered by the court or permitted in writing by the Designating Party, a
24 Receiving Party may disclose any information or item designated
25 “CONFIDENTIAL” only to:
26 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
27 well as employees of said Outside Counsel of Record to whom it is reasonably
28 necessary to disclose the information for this Action;
1 (b) the officers, directors, and employees (including House Counsel) of
2 the Receiving Party to whom disclosure is reasonably necessary for this Action;
3 (c) Experts (as defined in this Order) of the Receiving Party to whom
4 disclosure is reasonably necessary for this Action and who have signed the
5 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
6 (d) the court and its personnel;
7 (e) court reporters and their staff;
8 (f) professional jury or trial consultants, mock jurors, and Professional
9 Vendors to whom disclosure is reasonably necessary for this Action and who have
10 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
11 (g) the author or recipient of a document containing the information or a
12 custodian or other person who otherwise possessed or knew the information;
13 (h) during their depositions, witnesses, and attorneys for witnesses, in
14 the Action to whom disclosure is reasonably necessary provided: (1) the deposing
15 party requests that the witness sign the form attached as Exhibit A hereto; and (2)
16 they will not be permitted to keep any confidential information unless they sign the
17 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
18 agreed by the Designating Party or ordered by the court. Pages of transcribed
19 deposition testimony or exhibits to depositions that reveal Protected Material may be
20 separately bound by the court reporter and may not be disclosed to anyone except as
21 permitted under this Stipulated Protective Order; and
22 (i) any mediators or settlement officers and their supporting personnel,
23 mutually agreed upon by any of the parties engaged in settlement discussions.
24 (j) parties who have a need to know such information for purposes of
25 this Action and who have signed the “Acknowledgment and Agreement to Be
26 Bound” attached hereto as Exhibit A;
27 (k) graphics, translation, or design services retained by counsel of record
28 in this Action, provided such services have signed the “Acknowledgment and
1 Agreement to Be Bound” attached hereto as Exhibit A. A signature by an authorized
2 representative of the company who confirms that he or she has appropriately advised
3 the relevant employees of the confidentiality obligations in this order and taken
4 reasonable steps to comply thereto shall be sufficient;
5 (l) commercial copy vendors retained by Counsel of Record in this
6 Action, provided such vendors have signed the “Acknowledgment and Agreement to
7 Be Bound” attached hereto as Exhibit A. A signature by an authorized representative
8 of the company who confirms that he or she has appropriately advised the relevant
9 employees of the confidentiality obligations in this order and taken reasonable steps
10 to comply thereto shall be sufficient;
11 (m) any other person, only upon order of the Court or upon stipulation of
12 the Designating Party who has signed the “Acknowledgment and Agreement to Be
13 Bound” attached hereto as Exhibit A.
14 10. 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
20 shall include a copy of the subpoena or court order;
21 (b) promptly notify in writing the party who caused the subpoena or order
22 to issue in the other litigation that some or all of the material covered by the
23 subpoena or order is subject to this Protective Order. Such notification shall include
24 a copy of this Stipulated Protective Order; and
25 (c) cooperate with respect to all reasonable procedures sought to be
26 pursued by the Designating Party whose Protected Material may be affected. If the
27 Designating Party timely seeks a protective order, the Party served with the subpoena
28 or court order shall not produce any information designated in this action as
1 “CONFIDENTIAL” before a determination by the court from which the subpoena or
2 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
4 court of its confidential material and nothing in these provisions should be construed
5 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful
6 directive from another court.
7 This provision does not permit the sharing of material designated as
8 “CONFIDENTIAL” with legal counsel in pending or threatened litigation against
9 any of the parties outside of the United States of America, regardless of whether such
10 legal counsel can be classified as a consultant or affiliate of any US attorney of
11 record in any legal proceedings against any of the named entities within the United
12 States.
13 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
14 PRODUCED IN THIS LITIGATION
15 (a) The terms of this Order are applicable to information produced by a
16 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
17 produced by Non-Parties in connection with this litigation is protected by the
18 remedies and relief provided by this Order. Nothing in these provisions should be
19 construed as prohibiting a Non-Party from seeking additional protections.
20 (b) In the event that a Party is required, by a valid discovery request, to
21 produce a Non-Party’s confidential information in its possession, and the Party is
22 subject to an agreement with the Non-Party not to produce the Non-Party’s
23 confidential information, then the Party shall:
24 (1) promptly notify in writing the Requesting Party and the Non-Party
25 that some or all of the information requested is subject to a confidentiality agreement
26 with a Non-Party;
27 (2) promptly provide the Non-Party with a copy of the Stipulated
28 Protective Order in this Action, the relevant discovery request(s), and a reasonably
1 specific description of the information requested; and
2 (3) make the information requested available for inspection by the Non-
3 Party, if requested.
4 (c) If the Non-Party fails to seek a protective order from this court within 14
5 days of receiving the notice and accompanying information, the Receiving Party may
6 produce the Non-Party’s confidential information responsive to the discovery
7 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
8 not produce any information in its possession or control that is subject to the
9 confidentiality agreement with the Non-Party before a determination by the court.
10 Absent a court order to the contrary, the Non-Party shall bear the burden and expense
11 of seeking protection in this court of its Protected Material.
12 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
14 Protected Material to any person or in any circumstance not authorized under this
15 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
16 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
17 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
18 persons to whom unauthorized disclosures were made of all the terms of this Order,
19 and (d) request such person or persons to execute the “Acknowledgment and
20 Agreement to Be Bound” attached hereto as Exhibit A.
21 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
22 PROTECTED MATERIAL
23 When a Producing Party gives notice to Receiving Parties that certain
24 inadvertently produced material is subject to a claim of privilege or other protection,
25 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
26 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
27 may be established in an e-discovery order that provides for production without prior
28 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
1 parties reach an agreement on the effect of disclosure of a communication or
2 information covered by the attorney-client privilege or work product protection, the
3 parties may incorporate their agreement in the stipulated protective order submitted
4 to the court.
5 14. MISCELLANEOUS
6 14.1 Right to Further Relief. Nothing in this Order abridges the right of any
7 person to seek its modification by the Court in the future.
8 14.2 Right to Assert Other Objections. By stipulating to the entry of this
9 Protective Order, no Party waives any right it otherwise would have to object to
10 disclosing or producing any information or item on any ground not addressed in this
11 Stipulated Protective Order. Similarly, no Party waives any right to object on any
12 ground to use in evidence of any of the material covered by this Protective Order.
13 14.3 Filing Protected Material. A Party that seeks to file under seal any
14 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
15 only be filed under seal pursuant to a court order authorizing the sealing of the
16 specific Protected Material. If a Party’s request to file Protected Material under seal
17 is denied by the court, then the Receiving Party may file the information in the public
18 record unless otherwise instructed by the court.
19 15. FINAL DISPOSITION
20 After the final disposition of this Action, as defined in paragraph 6, within 60
21 days of a written request by the Designating Party, each Receiving Party must return
22 all Protected Material to the Producing Party or destroy such material. As used in
23 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
24 summaries, and any other format reproducing or capturing any of the Protected
25 Material. Whether the Protected Material is returned or destroyed, the Receiving
26 Party must submit a written certification to the Producing Party (and, if not the same
27 person or entity, to the Designating Party) by the 60-day deadline that (1) identifies
28 (by category, where appropriate) all the Protected Material that was returned or
1 destroyed and (2) affirms that the Receiving Party has not retained any copies,
2 abstracts, compilations, summaries or any other format reproducing or capturing any
3 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
4 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
5 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
6 reports, attorney work product, and consultant and expert work product, even if such
7 materials contain Protected Material. Any such archival copies that contain or
8 constitute Protected Material remain subject to this Protective Order as set forth in
9 Section 6 (DURATION).
10 16. VIOLATION
11 Any violation of this Order may be punished by appropriate measures
12 including, without limitation, contempt proceedings and/or monetary sanctions.
13 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
14 Dated: May 11, 2026 HAYES SCOTT BONINO
ELLINGSON & GUSLANI LLP
15
16 By: /s/ Stephen M. Hayes
STEPHEN M. HAYES
17 RYAN Z. KELLER
Attorneys for Plaintiff/Counterdefendants
18 INTEGON NATIONAL INSURANCE
COMPANY, NATIONAL GENERAL
19 INSURANCE COMPANY, and ALLSTATE
CORPORATION
20
Dated: May 11, 2026 DeWITT ALGORRI + ALGORRI, LLP
21
22 By: /s/ Patrick Nolan
MARK S. ALGORRI
23 PATRICK NOLAN
Attorneys for Defendant/Counterclaimant
24 MARSHALL TANAKA
25 Dated: May 11, 2026 McMAHON LAW, APC
26
By: /s/ Brian D. McMahon
27 BRIAN D. MCMAHON
Attorneys for Defendant/Counterclaimant
28 KAJ FAABORG
1 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
3 | Dated: May 29, 2026
5 ~ Hon. DianaM. Kwok
6 United States District Magistrate Judge
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1 EXHIBIT A
2
UNITED STATES DISTRICT COURT
3
CENTRAL DISTRICT OF CALIFORNIA
4
5
INTEGON NATIONAL INSURANCE CASE NO: 2:25-cv-07062-AH-JPRx
6 COMPANY, [Consolidated with Case No. 2:25-cv-
09469-AH-RAO]
7 Plaintiff, Assigned to District Judge Hon. Anne
vs. Hwang and Magistrate Judge Jean P.
8 Rosenbluth
KAJ FAABORG; MARSHALL
9 TANAKA; LINDA MARIE AVERSA, as ACKNOWLEDGMENT AND
successor in interest to the estate of AGREEMENT TO BE BOUND
10 JEREMY RICHARD OLIVAS, deceased;
AND does 1 through 25, inclusive,
11
Defendants.
12
13 MARSHALL TANAKA; and KAJ
WENDALL FAABORG,
14
Counterclaimants,
15
vs.
16
NATIONAL GENERAL INSURANCE
17 COMPANY; INTEGON NATIONAL
INSURANCE COMPANY; ALLSTATE
18 CORPORATION; and DOES 1 through
50, Inclusive,
19
Counterdefendants.
20
21
22 I, __________________________________, hereby acknowledge that I have
23 received a copy of the Stipulated Protective Order entered in this action (Case No.
24 2:25-cv-07062-AH-JPRx by the United States District Court for the Central District
25 of California (hereinafter, “the Protective Order”).
26 I have either read the Protective Order or have had the terms of the Protective
27 Order explained to me by my attorney.
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1 I understand the terms of the Protective Order and agree to comply with and to
2 be bound by such terms.
3 If I receive documents or information designated as “CONFIDENTIAL,” (as
4 those terms are defined in the Protective Order), I understand that such information is
5 provided to me pursuant to the terms and restrictions of the Protective Order.
6 I agree to hold in confidence and not further disclose or use for any purpose
7 (other than is permitted by the Protective Order) any information disclosed to me
8 pursuant to the terms of the Protective Order.
9 I hereby submit myself to the jurisdiction of the United States District Court
10 for the Central District of California for resolution of any matters pertaining to the
11 Protective Order.
12 My address is ___________________________________________________.
13 My present employer is ___________________________________________.
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15 Dated: _____________________
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17 Signed: ____________________
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