# Aphrodite Tina Weinstein-Nernberg v. Banner Life Insurance Company

> District Court, C.D. California · March 1, 2022

URL: https://www.frixlaw.com/law-library/cases/9979282

## Case

- **Court:** District Court, C.D. California
- **Decided:** March 1, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

Case □□□□□□□□□□□□□□□□□□□□□□ Document 22 Filed 03/01/22 Page1of16 Page ID #:154

! ROBERT S. GIANELLI, #82116
2 ||JOSHUA S. DAVIS, #193187
ADRIAN J. BARRIO, #219266
3 || GIANELLI & MORRIS, A Law Corporation
4 ||550 South Hope Street, Suite 1645
Los Angeles, CA 90071
> || Tel: (213) 489-1600; Fax: (213) 489-1611
6 ||rob.gianelli@gmlawyers.com
joshua.davis@gmlawyers.com
7 adrian.barrio@gmlawyers.com
9 Attorneys for Plaintiff
Aphrodite Tina Weinstein-Nernberg,
10 ||on behalf of herself and all others similarly situated
1]
12
UNITED STATES DISTRICT COURT
13
CENTRAL DISTRICT OF CALIFORNIA
14
15 || APHRODITE TINA WEINSTEIN- CASE NO.: 2:21-cv-9270-FLA-GJS
16 || NERNBERG, on behalf of herself and Assigned to Hon. Fernando L. Aenelle-
all others similarly situated, Rocha
17
18 Plaintitt, DISCOVERY MATTERS
19 V.
PROPOSED STIPULATED
20
BANNER LIFE INSURANCE ROTECTIVE ORDER
21 || COMPANY,
2 Defendant.
23
24
25
26
27
9g || | This Stipulated Protective Order is substantially based on the model protective
order provided under Magistrate Judge Gail J. Standish’s Procedures.

Case 2~:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 2of16 Page ID #:155

1 |) 1. A. 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
4 || disclosure and from use for any purpose other than prosecuting this litigation may
5 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6 || enter the following Stipulated Protective Order. The parties acknowledge that this
7 || 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
9 || only to the limited information or items that are entitled to confidential treatment
10 || under the applicable legal principles.
11 B. 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
15 || from use for any purpose other than prosecution of this action is warranted. Such
16 || confidential and proprietary materials and information consist of, among other
17 || things, confidential business or financial information, information regarding
18 || confidential business practices, or other confidential research, development, or
19 || commercial information, and information otherwise generally unavailable to the
20 || public. Accordingly, to expedite the flow of information, to facilitate the prompt
21 || resolution of disputes over confidentiality of discovery materials, to adequately
22 || protect information the parties are entitled to keep confidential, to ensure that the
23 || parties are permitted reasonable necessary uses of such material in preparation for
24 || and in the conduct of trial, to address their handling at the end of the litigation, and
25 || serve the ends of justice, a protective order for such information is justified in this
26 || matter. It is the intent of the parties that information will not be designated as
27 || confidential for tactical reasons and that nothing be so designated without a good
28

Case P:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page3of16 Page ID #:156

1 || faith belief that it has been maintained in a confidential, non-public manner, and
2 || there is good cause why it should not be part of the public record of this case.
3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
4 The parties further acknowledge, as set forth in Section 12.3, below, that this
5 || Stipulated Protective Order does not entitle them to file confidential information
6 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
7 || and the standards that will be applied when a party seeks permission from the Court
8 || to file material under seal.
9 There is a strong presumption that the public has a right of access to judicial
10 || proceedings and records in civil cases. In connection with non-dispositive motions,
11 || good cause must be shown to support a filing under seal. See Kamakana v. City and
12 || County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
13 || Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon vy. Sony Electrics,
14 || Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
15 || require good cause showing), and a specific showing of good cause or compelling
16 || reasons with proper evidentiary support and legal justification, must be made with
17 || respect to Protected Material that a party seeks to file under seal. The parties’ mere
18 || designation of Disclosure or Discovery Material as CONFIDENTIAL does not—
19 || without the submission of competent evidence by declaration, establishing that the
20 || material sought to be filed under seal qualifies as confidential, privileged, or
21 || otherwise protectable—constitute good cause.
22 Further, if a party requests sealing related to a dispositive motion or trial, then
23 || compelling reasons, not only good cause, for the sealing must be shown, and the
24 || relief sought shall be narrowly tailored to serve the specific interest to be protected.
25 || See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
26 || each item or type of information, document, or thing sought to be filed or introduced
27 || under seal in connection with a dispositive motion or trial, the party seeking
28 || protection must articulate compelling reasons, supported by specific facts and legal

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1 || justification, for the requested sealing order. Again, competent evidence supporting
2 || the application to file documents under seal must be provided by declaration.
3 Any document that is not confidential, privileged, or otherwise protectable in
4 || its entirety will not be filed under seal if the confidential portions can be redacted.
5 || If documents can be redacted, then a redacted version for public viewing, omitting
6 || only the confidential, privileged, or otherwise protectable portions of the document,
7 || shall be filed. Any application that seeks to file documents under seal in their
8 || entirety should include an explanation of why redaction is not feasible.
9 || 2. DEFINITIONS
10 2.1 Action: this pending federal lawsuit.
11 2.2 Challenging Party: a Party or Non-Party that challenges the
12 || designation of information or items under this Order.
13 2.3. “CONFIDENTIAL” Information or Items: information (regardless of
14 || how it is generated, stored or maintained) or tangible things that qualify for
15 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in
16 || the Good Cause Statement.
17 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
18 || their support staff).
19 2.5 Designating Party: a Party or Non-Party that designates information or
20 || items that it produces in disclosures or in responses to discovery as
21 || “CONFIDENTIAL.”
22 2.6 Disclosure or Discovery Material: all items or information, regardless
23 || of the medium or manner in which it is generated, stored, or maintained (including,
24 || among other things, testimony, transcripts, and tangible things), that are produced or
25 || generated in disclosures or responses to discovery in this matter.
26 2.7 Expert: a person with specialized knowledge or experience in a matter
27 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
28 || an expert witness or as a consultant in this Action.

Case P:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page5of16 Page ID #:158

1 2.8 House Counsel: attorneys who are employees of a party to this Action.
2 || House Counsel does not include Outside Counsel of Record or any other outside
3 || counsel.
4 2.9 Non-Party: any natural person, partnership, corporation, association or
5 || other legal entity not named as a Party to this action.
6 2.10 Qutside Counsel of Record: attorneys who are not employees of a
7 || party to this Action but are retained to represent or advise a party to this Action and
8 || have appeared in this Action on behalf of that party or are affiliated with a law firm
9 || that has appeared on behalf of that party, and includes support staff.
10 2.11 Party: any party to this Action, including all of its officers, directors,
11 || employees, consultants, retained experts, and Outside Counsel of Record (and their
12 || support staffs).
13 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
14 || Discovery Material in this Action.
15 2.13 Professional Vendors: persons or entities that provide litigation
16 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or
17 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
18 || and their employees and subcontractors.
19 2.14 Protected Material: any Disclosure or Discovery Material that is
20 || designated as “CONFIDENTIAL.”
21 2.15 Receiving Party: a Party that receives Disclosure or Discovery
22 || Material from a Producing Party.
23 || 3. SCOPE
24 The protections conferred by this Stipulation and Order cover not only
25 || Protected Material (as defined above), but also (1) any information copied or
26 || extracted from Protected Material; (2) all copies, excerpts, summaries, or
27 || compilations of Protected Material; and (3) any testimony, conversations, or
28 || presentations by Parties or their Counsel that might reveal Protected Material.

Case P:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 6of16 Page ID #:159

1 Any use of Protected Material at trial shall be governed by the orders of the
2 || trial judge. This Order does not govern the use of Protected Material at trial.
3 || 4. DURATION
4 FINAL DISPOSITION of the action is defined as the conclusion of any
5 || appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal
6 || has run. Except as set forth below, the terms of this protective order apply through
7 || FINAL DISPOSITION of the action. The parties may stipulate that they will be
8 || contractually bound by the terms of this agreement beyond FINAL DISPOSITION,
9 || but will have to file a separate action for enforcement of the agreement once all
10 || proceedings in this case are complete.
11 Once a case proceeds to trial, information that was designated as
12 || CONFIDENTIAL or maintained pursuant to this protective order used or introduced
13 || as an exhibit at trial becomes public and will be presumptively available to all
14 || members of the public, including the press, unless compelling reasons supported by
15 || specific factual findings to proceed otherwise are made to the trial judge in advance
16 || of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”
17 || showing for sealing documents produced in discovery from “compelling reasons”
18 || standard when merits-related documents are part of court record). Accordingly, for
19 || such materials, the terms of this protective order do not extend beyond the
20 || commencement of the trial.
21 || 5. DESIGNATING PROTECTED MATERIAL
22 5.1 Exercise of Restraint and Care in Designating Material for Protection.
23 || Each Party or Non-Party that designates information or items for protection under
24 || this Order must take care to limit any such designation to specific material that
25 || qualifies under the appropriate standards. The Designating Party must designate for
26 || protection only those parts of material, documents, items or oral or written
27 || communications that qualify so that other portions of the material, documents, items
28 || or communications for which protection is not warranted are not swept unjustifiably

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1 || within the ambit of this Order.
2 Mass, indiscriminate or routinized designations are prohibited. Designations
3 || that are shown to be clearly unjustified or that have been made for an improper
4 || purpose (e.g., to unnecessarily encumber the case development process or to impose
5 || unnecessary expenses and burdens on other parties) may expose the Designating
6 || Party to sanctions.
7 If it comes to a Designating Party’s attention that information or items that it
8 || designated for protection do not qualify for protection, that Designating Party must
9 || promptly notify all other Parties that it is withdrawing the inapplicable designation.
10 5.2. Manner and Timing of Designations. Except as otherwise provided in
11 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
12 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
13 || under this Order must be clearly so designated before the material is disclosed or
14 || produced.
15 Designation in conformity with this Order requires:
16 (a) for information in documentary form (e.g., paper or electronic
17 || documents, but excluding transcripts of depositions or other pretrial or trial
18 || proceedings), that the Producing Party affix at a minimum, the legend
19 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
20 || contains protected material. If only a portion of the material on a page qualifies for
21 || protection, the Producing Party also must clearly identify the protected portion(s)
22 || (e.g., by making appropriate markings in the margins).
23 A Party or Non-Party that makes original documents available for inspection
24 || need not designate them for protection until after the inspecting Party has indicated
25 || which documents it would like copied and produced. During the inspection and
26 || before the designation, all of the material made available for inspection shall be
27 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the
28 || documents it wants copied and produced, the Producing Party must determine which

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1 || documents, or portions thereof, qualify for protection under this Order. Then,
2 || before producing the specified documents, the Producing Party must affix the
3 || “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
4 || portion of the material on a page qualifies for protection, the Producing Party also
5 || must clearly identify the protected portion(s) (e.g., by making appropriate markings
6 || in the margins).
7 (b) for testimony given in depositions that the Designating Party either (i)
8 || identifies the Disclosure or Discovery Material on the record, before the close of the
9 || deposition all protected testimony; or (11) identifies the Disclosure or Discovery
10 || Material in writing within thirty (30) days after receipt of the deposition transcript.
11 (c) for information produced in some form other than documentary and
12 || for any other tangible items, that the Producing Party affix in a prominent place on
13 || the exterior of the container or containers in which the information 1s stored the
14 || legend “CONFIDENTIAL.” If only a portion or portions of the information
15 || warrants protection, the Producing Party, to the extent practicable, shall identify the
16 || protected portion(s).
17 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent
18 || failure to designate qualified information or items does not, standing alone, waive
19 || the Designating Party’s right to secure protection under this Order for such material.
20 || Upon timely correction of a designation, the Receiving Party must make reasonable
21 || efforts to assure that the material is treated in accordance with the provisions of this
22 || Order.
23 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
24 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
25 || designation of confidentiality at any time that is consistent with the Court’s
26 || Scheduling Order.
27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
28 || resolution process under Local Rule 37.1 et seq.

Case P:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page9of16 Page ID #162

1 6.3. The burden of persuasion in any such challenge proceeding shall be on
2 || the Designating Party. Frivolous challenges, and those made for an improper
3 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other
4 || parties) may expose the Challenging Party to sanctions. Unless the Designating
5 || Party has waived or withdrawn the confidentiality designation, all parties shall
6 || continue to afford the material in question the level of protection to which it is
7 || entitled under the Producing Party’s designation until the Court rules on the
8 || challenge.
9 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL
10 7.1 Basic Principles. A Receiving Party may use Protected Material that is
11 || disclosed or produced by another Party or by a Non-Party in connection with this
12 || Action only for prosecuting, defending or attempting to settle this Action. Such
13 || Protected Material may be disclosed only to the categories of persons and under the
14 || conditions described in this Order. When the Action has been terminated, a
15 || Receiving Party must comply with the provisions of section 13 below (FINAL
16 || DISPOSITION).
17 Protected Material must be stored and maintained by a Receiving Party at a
18 || location and in a secure manner that ensures that access is limited to the persons
19 || authorized under this Order.
20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
21 || otherwise ordered by the Court or permitted in writing by the Designating Party, a
22 || Receiving Party may disclose any information or item designated
23 || “CONFIDENTIAL” only to:
24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
25 || well as employees of said Outside Counsel of Record to whom it is reasonably
26 || necessary to disclose the information for this Action;
27 (b) the officers, directors, and employees (including House Counsel) of
28 || the Receiving Party to whom disclosure is reasonably necessary for this Action;

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1 (c) Experts (as defined in this Order) of the Receiving Party to whom
2 || disclosure is reasonably necessary for this Action and who have signed the
3 || “Acknowledgment and Agreement to Be Bound” (Exhibit A);
4 (d) the Court and its personnel;
5 (e) court reporters and their staff;
6 (f) professional jury or trial consultants, mock jurors, and Professional
7 || Vendors to whom disclosure is reasonably necessary for this Action and who have
8 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9 (g) the author or recipient of a document containing the information or a
10 || custodian or other person who otherwise possessed or knew the information, or who
11 || previously had access to the information;
12 (h) during their depositions, witnesses, and attorneys for witnesses, in the
13 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party
14 || requests that the witness sign the form attached as Exhibit A hereto; and (2) they
15 || will not be permitted to keep any confidential information unless they sign the
16 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
17 || agreed by the Designating Party or ordered by the Court. Pages of transcribed
18 || deposition testimony or exhibits to depositions that reveal Protected Material may
19 || be separately bound by the court reporter and may not be disclosed to anyone except
20 || as permitted under this Stipulated Protective Order; and
21 (i) any mediator or settlement officer, and their supporting personnel,
22 || mutually agreed upon by any of the parties engaged in settlement discussions.
23 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
24 IN OTHER LITIGATION
25 If a Party is served with a subpoena or a court order issued in other litigation
26 || that compels disclosure of any information or items designated in this Action as
27 || “CONFIDENTIAL,” that Party must:
28 (a) promptly notify in writing the Designating Party. Such notification
10

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1 || shall include a copy of the subpoena or court order;
2 (b) promptly notify in writing the party who caused the subpoena or order
3 || to issue in the other litigation that some or all of the material covered by the
4 || subpoena or order is subject to this Protective Order. Such notification shall include
5 || acopy of this Stipulated Protective Order; and
6 (c) cooperate with respect to all reasonable procedures sought to be
7 || pursued by the Designating Party whose Protected Material may be affected.
8 If the Designating Party timely seeks a protective order, the Party served with
9 || the subpoena or court order shall not produce any information designated in this
10 || action as “CONFIDENTIAL” before a determination by the court from which the
11 || subpoena or order issued, unless the Party has obtained the Designating Party’s
12 || permission. The Designating Party shall bear the burden and expense of seeking
13 || protection in that court of its confidential material and nothing in these provisions
14 || should be construed as authorizing or encouraging a Receiving Party in this Action
15 || to disobey a lawful directive from another court.
16 || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
17 PRODUCED IN THIS LITIGATION
18 (a) The terms of this Order are applicable to information produced by a
19 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
20 || produced by Non-Parties in connection with this litigation is protected by the
21 || remedies and relief provided by this Order. Nothing in these provisions should be
22 || construed as prohibiting a Non-Party from seeking additional protections.
23 (b) In the event that a Party is required, by a valid discovery request, to
24 || produce a Non-Party’s confidential information in its possession, and the Party is
25 || subject to an agreement with the Non-Party not to produce the Non-Party’s
26 || confidential information, then the Party shall:
27 (1) promptly notify in writing the Requesting Party and the Non-Party
28 || that some or all of the information requested is subject to a confidentiality
11

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1 || agreement with a Non-Party;
2 (2) promptly provide the Non-Party with a copy of the Stipulated
3 || Protective Order in this Action, the relevant discovery request(s), and a reasonably
4 || specific description of the information requested; and
5 (3) make the information requested available for inspection by the
6 || Non-Party, if requested.
7 (c) If the Non-Party fails to seek a protective order from this Court within
8 || 14 days of receiving the notice and accompanying information, the Receiving Party
9 || may produce the Non-Party’s confidential information responsive to the discovery
10 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall
11 || not produce any information in its possession or control that is subject to the
12 || confidentiality agreement with the Non-Party before a determination by the Court.
13 || Absent a court order to the contrary, the Non-Party shall bear the burden and
14 || expense of seeking protection in this Court of its Protected Material.
15 || 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
16 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
17 || Protected Material to any person or in any circumstance not authorized under this
18 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in
19 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
20 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
21 || persons to whom unauthorized disclosures were made of all the terms of this Order,
22 || and (d) request such person or persons to execute the “Acknowledgment and
23 || Agreement to Be Bound” that is attached hereto as Exhibit A.
24 || 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
25 PROTECTED MATERIAL
26 When a Producing Party gives notice to Receiving Parties that certain
27 || inadvertently produced material is subject to a claim of privilege or other protection,
28 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
12

Case 2:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 13o0f16 Page ID #:166

1 || Procedure 26(b)(5)(B). Any inadvertent disclosure of material subject to a claim of
2 || privilege or other protection shall not operate as a waiver of that privilege or
3 || protection in accordance with Federal Rule of Evidence 502(b). This provision is
4 || not intended to modify whatever procedure may be established in an e-discovery
5 || order that provides for production without prior privilege review.
6 || 12. MISCELLANEOUS
7 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
8 || person to seek its modification by the Court in the future.
9 12.2 Right to Assert Other Objections. By stipulating to the entry of this
10 || Protective Order, no Party waives any right it otherwise would have to object to
11 || disclosing or producing any information or item on any ground not addressed in this
12 || Stipulated Protective Order. Similarly, no Party waives any right to object on any
13 || ground to use in evidence of any of the material covered by this Protective Order.
14 12.3 Filing Protected Material. A Party that seeks to file under seal any
15 || Protected Material must comply with Local Civil Rule 79-5. Protected Material
16 || may only be filed under seal pursuant to a court order authorizing the sealing of the
17 || specific Protected Material at issue. If a Party’s request to file Protected Material
18 || under seal is denied by the court, then the Receiving Party may file the information
19 || in the public record unless otherwise instructed by the court.
20 || 13. FINAL DISPOSITION
21 After the final disposition of this Action, as defined in paragraph 4, within 60
22 || days of a written request by the Designating Party, each Receiving Party must return
23 || all Protected Material to the Producing Party or destroy such material. As used in
24 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
25 || summaries, and any other format reproducing or capturing any of the Protected
26 || Material. Whether the Protected Material is returned or destroyed, the Receiving
27 || Party must submit a written certification to the Producing Party (and, if not the same
28 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
13

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1 || (by category, where appropriate) all the Protected Material that was returned or
2 || destroyed and (2) affirms that the Receiving Party has not retained any copies,
3 || abstracts, compilations, summaries or any other format reproducing or capturing any
4 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to
5 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
6 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
7 || reports, attorney work product, and consultant and expert work product, even if such
8 || materials contain Protected Material. Any such archival copies that contain or
9 |} constitute Protected Material remain subject to this Protective Order as set forth in
10 || Section 4 (DURATION).
11 |} ///
12 |} ///
13 |} ///
14 |} ///
15 |] ///
16 |] ///
17 || ///
18 || ///
19 | ///
20 | ///
21 | ///
22 | ///
23 | ///
24 | ///
25 | ///
26 | ///
27 | ///
28 || ///
14

Case 221-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 15o0f16 Page ID #:168

1 || 14. VIOLATION
2 || Any violation of this Order may be punished by appropriate measures including,
3 || without limitation, contempt proceedings and/or monetary sanctions.
4 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.
6 || DATED: February 25, 2022 GIANELLI & MORRIS
g By: /s/ Adrian J. Barrio
ROBERT S. GIANELLI
9 JOSHUA S. DAVIS
10 ADRIAN J. BARRIO
Attorneys for Plaintiff
ll
vy || DATED: February 25, 2022 FAEGRE DRINKER BIDDLE &
REATH LLP
13
14
By: /s/ TIMOTHY J. O°’DRISCOLL
15 TIMOTHY J. O’7DRISCOLL
16 ZOE K. WILHELM
Attorneys for Defendant
17
18
Attestation
19 . . . . .
I, Adrian J. Barrio, attest that all other signatories listed, and on whose behalf
20 . . . . . .
this document is submitted, concur in the filing’s content and have authorized the
21 .
filing.
22 /s/_Adrian J. Barrio
3 ADRIAN J. BARRIO
24 FOR GOOD CAUSE SHUWN, IT IS SO ORDERED.
25
26 DATED: March 1, 2022
HON LE GAIL J. STANDISH
27 United States Magistrate Judge
28
15

Case 2:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 16o0f16 Page ID #:169

1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
4 | I, [print or type full name], of
5 [print or type full address], declare under penalty of perjury
6 || that I have read in its entirety and understand the Stipulated Protective Order that
7 || was issued by the United States District Court for the Central District of California
8 || on [date] in the case of Aphrodite Tina Weinstein-Nernberg v. Banner Life
9 || Insurance Company, Case No. 2:21-cv-9270 (C.D. Cal.). agree to comply with
10 || and to be bound by all the terms of this Stipulated Protective Order and I understand
11 || and acknowledge that failure to so comply could expose me to sanctions and
12 || punishment in the nature of contempt. I solemnly promise that I will not disclose in
13 || any manner any information or item that is subject to this Stipulated Protective
14 || Order to any person or entity except in strict compliance with the provisions of this
15 || Order.
16 || I further agree to submit to the jurisdiction of the United States District Court for the
17 || Central District of California for enforcing the terms of this Stipulated Protective
18 || Order, even if such enforcement proceedings occur after termination of this action.
19 || [hereby appoint [print or type full name] of
20 [print or type full address and
21 || telephone number] as my California agent for service of process in connection with
22 || this action or any proceedings related to enforcement of this Stipulated Protective
23 || Order.
24 || Date:
25 || City and State where sworn and signed:
26 || Printed Name:
27 || Signature:
28
16

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9979282. Public record. Not legal advice.