The opinion
1 JD.yEldanw Lar.d S Kchearlfefeyr ((117553669152))
2 Nicholas J. Peterson (287902)
Kerley Schaffer LLP
3 1939 Harrison Street, Ste 900
Oakland, California 94612
4 Telephone: (510) 379-5801
5 Attorneys for Plaintiffs
KATHY MYLES and
6 WILLIE DANIELS
7
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
8 A Limited Liability Partnership
Including Professional Corporations
9 JENNIFER M. HOFFMAN, Cal. Bar No. 240600
jhoffman@sheppard.com
10 MADALYN A. MACARR, Cal Bar No. 301539
mmacarr@sheppard.com
11 CAROLYN CAREY, Cal Bar No. 356506
ccarey@sheppard.com
12 350 South Grand Avenue, 40th Floor
Los Angeles, California 90071-3460
13 Telephone: 213.620.1780
Facsimile: 213.620.1398
14
Attorneys for Defendant
15 STATE FARM GENERAL
INSURANCE COMPANY
16
17
UNITED STATES DISTRICT COURT
18
CENTRAL DISTRICT OF CALIFORNIA
19
20 KATHY MYLES, an individual, and Case No. 2:26-cv-00452-CAS (MBKx)
21 WILLIE DANIELS, an individual, District Judge: Hon. Christina A. Snyder
22 Plaintiffs, Mag. Judge: Hon. Michael B. Kaufman
23 v. [xPxRxOxxPxOxxSxExDx] PROVISIONAL
STIPULATED PROTECTIVE ORDER
24 STATE FARM GENERAL
INSURANCE COMPANY, an Illinois Hearing:
25 corporation, and DOES 1 through 10, Date: July 8, 2026
Time: 10:00 a.m.
26 Defendants.
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
5 prosecuting this litigation may be warranted. The parties hereby stipulate to and
6 petition the Court to enter the following Provisional Stipulated Protective Order,
7 (hereinafter “Stipulated Protective Order”). The parties acknowledge that this Order
8 does not confer blanket protections on all disclosures or responses to discovery and
9 that the protection it affords from public disclosure and use extends only to the
10 limited information or items that are entitled to confidential treatment under the
11 applicable legal principles. The parties further acknowledge, as set forth in Section
12 12.3, below, that this Stipulated Protective Order does not entitle them to file
13 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures
14 that must be followed and the standards that will be applied when a party seeks
15 permission from the court to file material under seal.
16 1.2 Good Cause Statement. This action is likely to involve trade
17 secrets, customer and pricing lists and other valuable research, development,
18 commercial, financial, technical and/or proprietary information for which special
19 protection from public disclosure and from use for any purpose other than
20 prosecution of this action is warranted. Such confidential and proprietary materials
21 and information consist of, among other things, confidential business or financial
22 information, information regarding confidential business practices, or other
23 confidential research, development, or commercial information (including
24 information implicating privacy rights of third parties), information otherwise
25 generally unavailable to the public, or which may be privileged or otherwise
26 protected from disclosure under state or federal statutes, court rules, case decisions,
27 or common law. State Farm General Insurance Company (“State Farm”)
28 specifically contends that its internal guidelines and procedures contain proprietary
1 intellectual property developed by State Farm for exclusive use by State Farm’s
2 claims personnel. State Farm contends that these materials are unique to State
3 Farm, and are the product of internal analyses, are not distributed outside of State
4 Farm and are considered by State Farm to be confidential, trade secret protected and
5 proprietary; the dissemination of these materials could cause competitive harm.
6 Accordingly, to expedite the flow of information, to facilitate the prompt resolution
7 of disputes over confidentiality of discovery materials, to adequately protect
8 information the parties are entitled to keep confidential, to ensure that the parties are
9 permitted reasonable necessary uses of such material in preparation for and in the
10 conduct of trial, to address their handling at the end of the litigation, and serve the
11 ends of justice, a protective order for such information is justified in this matter. It
12 is the intent of the parties that information will not be designated as confidential for
13 tactical reasons and that nothing be so designated without a good faith belief that it
14 has been maintained in a confidential, non-public manner, and there is good cause
15 why it should not be part of the public record of this case.
16 2. DEFINITIONS
17 2.1 Action: Myles, et al. v. State Farm General Insurance Company et al.,
18 Case No. 2:26-cv-00452-CAS (MBKx)
19 2.2 Challenging Party: a Party or Non-Party that challenges the
20 designation of information or items under this Order.
21 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
22 how it is generated, stored or maintained) or tangible things that qualify for
23 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
24 the Good Cause Statement.
25 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
26 their support staff).
27 2.5 Designating Party: a Party or Non-Party that designates information or
28 items that it produces in disclosures or in responses to discovery as
1 “CONFIDENTIAL” or similar.
2 2.6 Disclosure or Discovery Material: all items or information, regardless
3 of the medium or manner in which it is generated, stored, or maintained (including,
4 among other things, testimony, transcripts, and tangible things), that are produced or
5 generated in disclosures or responses to discovery in this matter.
6 2.7 Expert: a person with specialized knowledge or experience in a matter
7 pertinent to the litigation who has been retained by a Party or its counsel to serve as
8 an expert witness or as a consultant in this Action.
9 2.8 House Counsel: attorneys who are employees of a party to this Action.
10 House Counsel does not include Outside Counsel of Record or any other outside
11 counsel.
12 2.9 Non-Party: any natural person, partnership, corporation, association, or
13 other legal entity not named as a Party to this action.
14 2.10 Outside Counsel of Record: attorneys who are not employees of a
15 party to this Action but are retained to represent or advise a party to this Action and
16 have appeared in this Action on behalf of that party or are employees of a law firm
17 that has appeared on behalf of that party, including support staff.
18 2.11 Party: any party to this Action, including all of its officers, directors,
19 retained experts, House Counsel and Outside Counsel of Record (and their support
20 staffs).
21 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
22 Discovery Material in this Action.
23 2.13 Professional Vendors: persons or entities that provide litigation
24 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
25 demonstrations, and organizing, storing, or retrieving data in any form or medium)
26 and their employees and subcontractors.
27 2.14 Protected Material: any Disclosure or Discovery Material that is
28 designated as “CONFIDENTIAL” or similar.
1 2.15 Receiving Party: a Party that receives Disclosure or Discovery
2 Material from a Producing Party.
3 3. SCOPE
4 The protections conferred by this Stipulation and Order cover not only
5 Protected Material (as defined above), but also (1) any information copied or
6 extracted from Protected Material; (2) all copies, excerpts, summaries, or
7 compilations of Protected Material; and (3) any testimony, conversations, or
8 presentations by Parties or their Counsel that might reveal Protected Material.
9 Any use of Protected Material at trial shall be governed by the orders of the
10 trial judge. This Order does not govern the use of Protected Material at trial.
11 4. DURATION
12 Once a case proceeds to trial, all of the court-filed information to be
13 introduced that was previously designated as confidential or maintained pursuant to
14 this protective order becomes public and will be presumptively available to all
15 members of the public, including the press, unless compelling reasons supported by
16 specific factual findings to proceed otherwise are made to the trial judge in advance
17 of the trial. See Kamakana v. City and Cty. of Honolulu, 447 F.3d 1172, 1180-81
18 (9th Cir. 2006) (distinguishing “good cause” showing for sealing documents
19 produced in discovery from “compelling reasons” standard when merits-related
20 documents are part of court record).
21 Notwithstanding the above, even after final disposition of this litigation, the
22 confidentiality obligations imposed by this Order shall remain in effect until a
23 Designating Party agrees otherwise in writing or a court order otherwise directs.
24 Final disposition shall be deemed to be the later of (1) dismissal of all claims and
25 defenses in this Action, with or without prejudice; and (2) final judgment herein
26 after the completion and exhaustion of all appeals, rehearings, remands, trials, or
27 reviews of this Action, including the time limits for filing any motions or
28 applications for extension of time pursuant to applicable law.
1 5. DESIGNATING PROTECTED MATERIAL
2 5.1 Exercise of Restraint and Care in Designating Material for Protection.
3 Each Party or Non-Party that designates information or items for protection under
4 this Order must take care to limit any such designation to specific material that
5 qualifies under the appropriate standards. The Designating Party must designate for
6 protection only those parts of material, documents, items, or oral or written
7 communications that qualify so that other portions of the material, documents,
8 items, or communications for which protection is not warranted are not swept
9 unjustifiably within the ambit of this Order.
10 Mass, indiscriminate, or routinized designations are prohibited. Designations
11 that are shown to be clearly unjustified or that have been made for an improper
12 purpose (e.g., to unnecessarily encumber the case development process or to impose
13 unnecessary expenses and burdens on other parties) may expose the Designating
14 Party to sanctions.
15 If it comes to a Designating Party’s attention that information or items that it
16 designated for protection do not qualify for protection, that Designating Party must
17 promptly notify all other Parties that it is withdrawing the inapplicable designation.
18 5.2 Manner and Timing of Designations. Except as otherwise provided in
19 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
20 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
21 under this Order must be clearly so designated before the material is disclosed or
22 produced.
23 Designation in conformity with this Order requires:
24 (a) for information in documentary form (e.g., paper or electronic
25 documents, but excluding transcripts of depositions or other pretrial or trial
26 proceedings), that the Producing Party affix, at a minimum, the legend
27 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or similar, to each
28 page that contains protected material (or to the file name for media formats without
1 pages). If only a portion or portions of the material on a page qualifies for
2 protection, the Producing Party also must clearly identify the protected portion(s)
3 (e.g., by making appropriate markings in the margins).
4 A Party or Non-Party that makes original documents available for inspection
5 need not designate them for protection until after the inspecting Party has indicated
6 which documents it would like copied and produced. During the inspection and
7 before the designation, all of the material made available for inspection shall be
8 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
9 documents it wants copied and produced, the Producing Party must determine which
10 documents, or portions thereof, qualify for protection under this Order. Then,
11 before producing the specified documents, the Producing Party must affix the
12 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
13 portion or portions of the material on a page qualifies for protection, the Producing
14 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
15 markings in the margins).
16 (b) for testimony given in depositions that the Designating Party may
17 either:
18 (i) identify on the record all portions of the testimony that qualify as
19 Protected Material; or
20 (ii) designate the entirety of the testimony at the deposition as
21 “CONFIDENTIAL”. Within 30 days following the receipt of the deposition
22 transcript, counsel for the Designating Party must specify all portions of the
23 testimony that qualify as Protected Material. This does not preclude counsel
24 for the Designating Party from determining that the entirety of the deposition
25 testimony qualifies as Protected Material. In circumstances where portions of
26 the deposition testimony are designated for protection, the transcript pages
27 containing Confidential Information and/or Trade Secret Information may be
28 separately bound by the court reporter, who must affix to the top of each page
1 the legend “CONFIDENTIAL,” as instructed by the Designating Party.
2 (c) for information produced in some form other than documentary and
3 for any other tangible items, that the Producing Party affix in a prominent place on
4 the exterior of the container or containers in which the information is stored the
5 legend “CONFIDENTIAL.” If only a portion or portions of the information
6 warrants protection, the Producing Party, to the extent practicable, shall identify the
7 protected portion(s).
8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
9 failure to designate qualified information or items does not, standing alone, waive
10 the Designating Party’s right to secure protection under this Order for such material.
11 Upon timely correction of a designation, the Receiving Party must make reasonable
12 efforts to assure that the material is treated in accordance with the provisions of this
13 Order.
14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
16 designation of confidentiality at any time that is consistent with the Court’s
17 Scheduling Order.
18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
19 resolution process under Local Rule 37-1, et seq, as modified by Judge Kaufman’s
20 Procedures. See https://www.cacd.uscourts.gov/honorable-michael-b-kaufman. Any
21 discovery motion must strictly comply with these procedures.
22 6.3 Burden. The burden of persuasion in any such challenge proceeding
23 shall be on the Designating Party. Frivolous challenges, and those made for an
24 improper purpose (e.g., to harass or impose unnecessary expenses and burdens on
25 other parties) may expose the Challenging Party to sanctions. Unless the
26 Designating Party has waived or withdrawn the confidentiality designation, all
27 parties shall continue to afford the material in question the level of protection to
28 which it is entitled under the Producing Party’s designation until the Court rules on
1 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
4 disclosed or produced by another Party or by a Non-Party in connection with this
5 Action for prosecuting, defending, or attempting to settle this Action. Such
6 Protected Material may be disclosed only to the categories of persons and under the
7 conditions described in this Order. When the Action has been terminated, a
8 Receiving Party must comply with the provisions of section 13 below (FINAL
9 DISPOSITION).
10 Protected Material must be stored and maintained by a Receiving Party at a
11 location and in a secure manner that ensures that access is limited to the persons
12 authorized under this Order.
13 7.1.1 Use of Artificial Intelligence. Notwithstanding any other provision of
14 this Stipulation and Protective Order, under no circumstances shall any Receiving
15 Party upload, enter, or use any Protected Material, or any information derived
16 therefrom, in any open, public, or non-secure artificial intelligence program,
17 platform, or tool, including, but not limited to, large language models, generative AI
18 platforms, or any other artificial intelligence systems (collectively, “AI Tools”)
19 unless the AI Tool provides verifiable technical and contractual assurances that such
20 Protected Material or information will remain private, secure, and inaccessible to
21 any unauthorized person, dataset, model, or other AI Tool, and will not be used for
22 model training, fine-tuning, evaluation, or any other process that may incorporate
23 such information into an AI Tool or other third-party system.
24 Protected Material, and information derived therefrom, may only be used with
25 AI Tools that (a) are operated in a private, closed environment; (b) restrict access to
26 individuals bound by confidentiality obligations equal to or greater than those set
27 forth in this Protective Order; (c) implement and maintain reasonable administrative,
28 technical, and physical safeguards to protect against unauthorized access, disclosure,
1 alteration, or destruction; and (d) prevent any incorporation of Protected Material
2 into shared or publicly accessible models, training datasets, or AI Tools (“Secure
3 AI”). For the avoidance of doubt, prohibited AI Tools include, but are not limited
4 to, open platforms such as the public versions of ChatGPT, Anthropic’s Claude, and
5 Google Gemini. In the event of any unauthorized access, disclosure, or security
6 incident involving Protected Material in connection with any AI Tool or Secure AI,
7 the affected party shall promptly notify all other parties and take reasonable steps to
8 mitigate any resulting harm. This includes compliance with the measures outlined
9 in paragraph 10 below.
10 The Receiving Party using an AI Tool bears the responsibility for any breach
11 or unauthorized disclosure of Protected Material resulting from that use, regardless
12 of whether the fault lies with the user or the platform provider.
13 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
14 otherwise ordered by the Court or permitted in writing by the Designating Party, a
15 Receiving Party may disclose any information or item designated
16 “CONFIDENTIAL” i.e. Protected Material only for purposes of the Myles, et. al. v.
17 State Farm General Insurance Company et. al., Case No. 2:26-cv-00452-CAS
18 (MBKx) litigation and only to the following persons:
19 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
20 well as employees of said Outside Counsel of Record to whom it is reasonably
21 necessary to disclose the information for this Action;
22 (b) the officers, directors, and employees (including House Counsel) of
23 the Receiving Party to whom disclosure is reasonably necessary for this Action;
24 (c) Experts (as defined in this Order) of the Receiving Party to whom
25 disclosure is reasonably necessary for this Action and who have signed the
26 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
27 (d) the Court and its personnel;
28 (e) court reporters and their staff;
1 (f) professional jury or trial consultants, mock jurors, and Professional
2 Vendors to whom disclosure is reasonably necessary for this Action and who have
3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
4 (g) the author or recipient of a document containing the information or
5 a custodian or other person who otherwise possessed or knew the information;
6 (h) during their depositions, witnesses, and attorneys for witnesses, in
7 the Action to whom disclosure is reasonably necessary provided: (1) the deposing
8 party requests that the witness sign the form attached as Exhibit A hereto; and (2)
9 they will not be permitted to keep any confidential information unless they sign the
10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
11 agreed by the Designating Party or ordered by the Court. Pages of transcribed
12 deposition testimony or exhibits to depositions that reveal Protected Material may
13 be separately bound by the court reporter and may not be disclosed to anyone except
14 as permitted under this Stipulated Protective Order. Any Non-Party present at the
15 deposition and not subject to this Stipulated Protective Order will leave the
16 proceedings when the witness is providing testimony or being questioned regarding
17 Protected Material unless they are a signatory to this Stipulated Protective Order
18 and/or Exhibit A thereto; and
19 (i) any mediator or settlement officer, and their supporting personnel,
20 mutually agreed upon by any of the parties engaged in settlement discussions.
21 7.3 Notice of Disclosures of “CONFIDENTIAL” Information or Items or
22 similar. With respect to disclosures pursuant to 7.2(c) and 7.2(f), within twenty
23 days of the disclosure, the Receiving Party will provide written notice to the
24 Designating Party of the disclosure and a copy of Exhibit A executed by the person
25 or entity identified in 7.2(c) or 7.2(f).
26 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
27 PRODUCED IN OTHER LITIGATION
28 If a Party or any person subject to this Protective Order is served with a
1 subpoena or a court order issued in other litigation that compels disclosure of any
2 information or items designated in this Action as “CONFIDENTIAL” or similar
3 that Party must:
4 (a) promptly notify in writing the Designating Party. Such notification shall
5 include a copy of the subpoena or court order;
6 (b) promptly notify in writing the party who caused the subpoena or order to
7 issue in the other litigation that some or all of the material covered by the subpoena
8 or order is subject to this Protective Order. Such notification shall include a copy of
9 this Stipulated Protective Order; and
10 (c) cooperate with respect to all reasonable procedures sought to be pursued
11 by the Designating Party whose Protected Material may be affected.
12 If the Designating Party timely seeks a protective order or moves to quash or
13 limit the subpoena or otherwise opposes production of the Protected Material, the
14 Party or any person subject to this Protective Order served with the subpoena or
15 court order shall not produce any information designated in this action as
16 “CONFIDENTIAL” before a determination by the court from which the subpoena
17 or order issued, unless the Party has obtained the Designating Party’s permission.
18 The Designating Party shall bear the burden and expense of seeking protection in
19 that court of its confidential material and nothing in these provisions should be
20 construed as authorizing or encouraging a Receiving Party in this Action to disobey
21 a lawful directive from another court.
22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
23 PRODUCED IN THIS LITIGATION
24 (a) The terms of this Order are applicable to information produced by a Non-
25 Party in this Action and designated as “CONFIDENTIAL” or similar. Such
26 information produced by Non-Parties in connection with this litigation is protected
27 by the remedies and relief provided by this Order. Nothing in these provisions
28 should be construed as prohibiting a Non-Party from seeking additional protections.
1 (b) In the event that a Party is required, by a valid discovery request, to
2 produce a Non-Party’s confidential information in its possession, and the Party is
3 subject to an agreement with the Non-Party not to produce the Non-Party’s
4 confidential information, then the Party shall:
5 (1) promptly notify in writing the Requesting Party and the Non-Party
6 that some or all of the information requested is subject to a confidentiality
7 agreement with a Non-Party;
8 (2) promptly provide the Non-Party with a copy of the Stipulated
9 Protective Order in this Action, the relevant discovery request(s), and a reasonably
10 specific description of the information requested; and
11 (3) make the information requested available for inspection by the
12 Non-Party, if requested.
13 (c) If the Non-Party fails to seek a protective order from this Court within 14
14 days of receiving the notice and accompanying information, the Receiving Party
15 may produce the Non-Party’s confidential information responsive to the discovery
16 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
17 not produce any information in its possession or control that is subject to the
18 confidentiality agreement with the Non-Party before a determination by the Court.
19 Absent a court order to the contrary, the Non-Party shall bear the burden and
20 expense of seeking protection in this Court of its Protected Material.
21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
23 Protected Material to any person or in any circumstance not authorized under this
24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
25 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
26 to retrieve all unauthorized copies of the Protected Material and, use reasonable
27 efforts to prevent further disclosure by the Party and the person(s) receiving the
28 unauthorized disclosure, (c) inform the person or persons to whom unauthorized
1 disclosures were made of all the terms of this Order, and (d) request such person or
2 persons to execute the “Acknowledgment and Agreement to Be Bound” that is
3 attached hereto as Exhibit A.
4 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
5 PROTECTED MATERIAL
6 The inadvertent or unintentional disclosure of Protected Material, regardless
7 of whether the information was so designated at the time of disclosure, shall not be
8 deemed a waiver in whole or in part of the Designating Party’s claim of
9 confidentiality either as to the specific information disclosed therein or on the same
10 or related subject matter.
11 When a Producing Party gives notice to Receiving Parties that certain
12 inadvertently produced material is subject to a claim of privilege or other protection,
13 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
14 Procedure 26(b)(5)(B). This provision is not intended to modify whatever
15 procedure may be established in an e-discovery order that provides for production
16 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and
17 (e), insofar as the parties reach an agreement on the effect of disclosure of a
18 communication or information covered by the attorney-client privilege or work
19 product protection, the parties may incorporate their agreement in the Stipulated
20 Protective Order submitted to the Court.
21 12. MISCELLANEOUS
22 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
23 person to seek its modification by the Court in the future.
24 12.2 Right to Assert Other Objections. By stipulating to the entry of this
25 Protective Order, no Party waives any right it otherwise would have to object to
26 disclosing or producing any information or item on any ground not addressed in this
27 Stipulated Protective Order. Similarly, no Party waives any right to object on any
28 ground to use in evidence of any of the material covered by this Protective Order.
1 12.3 Filing Protected Material. A Party that seeks to file under seal any
2 Protected Material must comply with Civil Local Rule 79-5. Protected Material
3 may only be filed under seal pursuant to a court order authorizing the sealing of the
4 specific Protected Material at issue; good cause must be shown in the request to file
5 under seal. If a Party’s request to file Protected Material under seal is denied by the
6 Court, then the Receiving Party may file the information in the public record unless
7 otherwise instructed by the Court.
8 13. FINAL DISPOSITION
9 After the final disposition of this Action, as defined in Section 4, within 60
10 days of a written request by the Designating Party, each Receiving Party must
11 destroy all Protected Material. As used in this subdivision, “all Protected Material”
12 includes all copies, abstracts, compilations, summaries, and any other format
13 reproducing or capturing any of the Protected Material. This also includes any input
14 of Protected Material or information derived therefrom into any AI Tool, as well as
15 outputs generated by such AI Tool. The Receiving Party must submit a written
16 certification to the Producing Party (and, if not the same person or entity, to the
17 Designating Party) by the 60 day deadline that (1) identifies (by bates number or, if
18 none is available, category) all the Protected Material that was destroyed; (2) affirms
19 that the Receiving Party has not retained any copies, abstracts, compilations,
20 summaries or any other format reproducing or capturing any of the Protected
21 Material; and (3) affirms that the Receiving Party has obtained a certification, which
22 can be produced on demand from the Designating Party, from each of the parties
23 that signed Exhibit A to this Protective Order signifying that each Exhibit A
24 signatory has identified (by category, where appropriate) all the Protected Material
25 that was shared and has been destroyed and affirms that each Exhibit A signatory
26 has not retained any copies, abstracts, compilations, summaries or any other
27 format reproducing or capturing any of the Protected Material. Notwithstanding this
28 provision, counsel are entitled to retain an archival copy of all pleadings, motion
1 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
2 deposition and trial exhibits, expert reports, attorney work product, and consultant
3 and expert work product, even if such materials contain Protected Material. Any
4 such archival copies that contain or constitute Protected Material remain subject to
5 this Protective Order as set forth in Section 4 (DURATION).
6 Nothing in this Protective Order disallows State Farm from: (a) complying
7 with any state or federal law or regulation, including reporting of information to a
8 regulator or government entity as permitted and/or required by applicable state and
9 federal law; (b) adding information discovered that is relevant to a claim to the
10 relevant electronic record in its electronic claim system; or (c) disclosing evidence
11 of a crime or fraud.
12 14. VIOLATION OF ORDER
13 Any violation of this Order may be punished by any and all appropriate
14 measures including, without limitation, contempt proceedings and/or monetary
15 sanctions.
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1 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2
3 || Dated: May 29, 2026 SHEPPARD, MULLIN, RICHTER & HAMPTON IIp
By /s/ Jennifer M. Hoffman
5 JENNIFER M. HOFFMAN
6 MADALYN A. MACARR
CAROLYN CAREY
7 Attorneys for Defendant
8 STATE FARM GENERAL INSURANCE
COMPANY
9
10
11 || Dated: May 29, 2026 KERLEY SCHAFFER LLP
12 By /s/ Dylan L. Schaffer
13 J. EDWARD KERLEY
14 DYLAN L. SCHAFFER
NICHOLAS J. PETERSON
15 Attorneys for Plaintiffs
16 KATHY MYLES
WILLIE DANIELS
17 || FOR GOOD CAUSE SHOWN IT IS SO ORDERED.
18
19 || DATED: __ June 3 , 2026 LEA Hi
20 MICHAEL B. KAUFMAN
>] UNITED STATES MAGISTRATE JUDGE
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1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2
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I, [print or type full name], of
4
[print or type full address], declare under penalty of perjury that I have read
5
in its entirety and understand the Stipulated Protective Order that was issued by the
6
United States District Court for the Central District of California on [DATE] in the
7
case of Myles, et. al. v. State Farm General Insurance Company et. al., Case No.
8
2:26-cv-00452-CAS (MBKx). I agree to comply with and to be bound by all the
9
terms of this Stipulated Protective Order and I understand and acknowledge that
10
failure to comply could expose me to sanctions and punishment in the nature of
11
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
13
or entity except in strict compliance with the provisions of this Order.
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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 [print or type
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full name] of [print or type full address and
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telephone number] as my California agent for service of process in connection with
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this action or any proceedings related to enforcement of this Stipulated Protective
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Order.]
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Date:
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City and State where sworn and signed:
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Printed Name:
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Signature:
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