even stipulated protective orders require good 2 cause showing
How later courts described this case
- even stipulated protective orders require good 2 cause showing
Written by the judges who cited it.
The opinion
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 1 of 17 Page ID #:2781
1 P. K. SCHRIEFFER LLP
Paul K. Schrieffer, Esq. (CSB#151358)
2 Wayne H. Hammack, Esq. (CSB# 202709)
100 North Barranca Street, Suite 1100
3 West Covina, California 91791
Telephone: (626) 373-2444
4 Facsimile: (626) 974-8403
Email: pks@pksllp.com NOTE: CHANGES MADE BY THE COURT
5 Email: whh@pksllp.com
6 Attorneys for Plaintiffs,
7 Certain Underwriters At Lloyd’s London
Who Subscribe To Policy No. DOG0l485266
8
9 BUCHALTER
10 A Professional Corporation
Susan Page White, Esq. (SBN: 137125)
11
1000 Wilshire Boulevard, Suite 1500
12 Los Angeles CA 90017-1730
Telephone: 213.891.0700
13
Facsimile: 213.896.0400
14 Email: swhite@buchalter.com
15 BAST AMRON LLP
Brett M. Amron, Esq. (admitted pro hac)
16
Dana R. Quick, Esq. (admitted pro hac)
17 Lissette M. Carreras, Esq. (admitted pro hac)
One Southeast Third Ave., #1400
18
Miami, FL 33131
19 Telephone: 305.379.7904
Facsimile: 305.379.7905
20
Email: bamron@bastamron.com
21 Email: dquick@bastamron.com
Email: lcarreras@bastamron.com
22
23 Attorneys for Tom Santoro as Liquidating Trustee
of the UVL Liquidating Trust,
24
Assignee of Michael Harter
25
26
27
28
00703414.DOCX 7
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 2 of 17 Page ID #:2782
1 UNITED STATES DISTRICT COURT
2 CENTRAL DISTRICT OF CALIFORNIA
3
4 CERTAIN UNDERWRITERS AT Consolidated Cases:
LLOYD’S LONDON WHO Case No. 2:21-cv-02114 JAK(RAO)
5 SUBSCRIBE TO POLICY NO. Case No. 2:21-cv-05028-JAK(RAO)
DOG01485266,
6
Plaintiffs, STIPULATED PROTECTIVE
7 ORDER1
v.
8
9 MICHAEL WAYNE HARTER, an
individual,
10
Defendant.
11
1. RECITALS
12
1.1 Purposes and Limitations
13
Discovery in this action may involve production of confidential, proprietary or
14
private information for which special protection from public disclosure and from use
15
for any purpose other than prosecuting this litigation may be warranted. Accordingly,
16
the parties hereby stipulate to and petition the Court to enter the following Stipulated
17
Protective Order. The parties acknowledge that this Order does not confer blanket
18
protections on all disclosures or responses to discovery and that the protection it
19
affords from public disclosure and use extends only to the limited information or items
20
that are entitled to confidential treatment under the applicable legal principles.
21
1.2 Good Cause Statement
22
This action may involve commercial, financial, and/or proprietary information
23
for which protection from public disclosure and from use for any purpose other than
24
prosecution of this action is warranted. Such confidential and proprietary materials
25
26
27
1 This Stipulated Protective Order is substantially based on the model protective
28
order provided under Magistrate Judge Rozella A. Oliver’s Procedures.
00703414.DOCX 7 2
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 3 of 17 Page ID #:2783
1 and information may consist of, among other things, confidential business or financial
2 information, information regarding confidential business practices, other commercial
3 information (including information implicating privacy rights of third parties),
4 information otherwise generally unavailable to the public, or which may be privileged
5 or otherwise protected from disclosure under state or federal statutes, court rules, case
6 decisions, or common law. Accordingly, to expedite the flow of information, to
7 facilitate the prompt resolution of disputes over confidentiality of discovery materials,
8 to adequately protect information the parties are entitled to keep confidential, to
9 ensure that the parties are permitted reasonable necessary uses of such material in
10 preparation for and in the conduct of trial, to address their handling at the end of the
11 litigation, and serve the ends of justice, a protective order for such information is
12 justified in this matter. It is the intent of the parties that information will not be
13 designated as confidential for tactical reasons and that nothing be so designated
14 without a good faith belief that it has been maintained in a confidential, non-public
15 manner, and there is good cause why it should not be part of the public record of this
16 case.
17 1.3 Acknowledgment of Procedure for Filing Under Seal
18 The parties further acknowledge, as set forth in Section 12.3, below, that this
19 Stipulated Protective Order does not entitle them to file confidential information
20 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and
21 the standards that will be applied when a party seeks permission from the court to file
22 material under seal.
23 There is a strong presumption that the public has a right of access to judicial
24 proceedings and records in civil cases. In connection with non-dispositive motions,
25 good cause must be shown to support a filing under seal. See Kamakana v. City and
26 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors
27 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, Inc.,
28
00703414.DOCX 7 3
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 4 of 17 Page ID #:2784
1 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
2 cause showing), and a specific showing of good cause or compelling reasons with
3 proper evidentiary support and legal justification, must be made with respect to
4 Protected Material that a party seeks to file under seal. The parties’ mere designation
5 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the
6 submission of competent evidence by declaration, establish that the material sought
7 to be filed under seal qualifies as confidential, privileged, or otherwise protectable—
8 constitute good cause.
9 Further, if a party requests sealing related to a dispositive motion or trial, then
10 compelling reasons, not only good cause, for the sealing must be shown, and the relief
11 sought shall be narrowly tailored to serve the specific interest to be protected. See
12 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each
13 item or type of information, document, or thing sought to be filed or introduced under
14 seal in connection with a dispositive motion or trial, the Designating Party must
15 articulate compelling reasons, supported by specific facts and legal justification, for
16 the requested sealing order as set forth in Local Civil Rule 79-5.2.2(b). Again,
17 competent evidence supporting the application to file documents under seal must be
18 provided by declaration.
19 Any document that is not confidential, privileged, or otherwise protectable in
20 its entirety will not be filed under seal if the confidential portions can be redacted. If
21 documents can be redacted, then a redacted version for public viewing, omitting only
22 the confidential, privileged, or otherwise protectable portions of the document shall
23 be filed. Any application that seeks to file documents under seal in their entirety
24 should include an explanation of why redaction is not feasible. Nothing herein shall
25 be interpreted to modify Local Rule 79-5.
26 2. DEFINITIONS
27
2.1 Action: collectively refers to the consolidated cases styled Tom Santoro,
28
00703414.DOCX 7 4
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 5 of 17 Page ID #:2785
1 as Liquidating Trustee of the UVL Liquidating Trust and as Assignee for Michael
2 Harter v. Certain Underwriters at Lloyd’s London Subscribing to Policy Number
3 DOG1485266, Case No. 2:21-cv-05028-JAK-JPR and Certain Underwriters at
4 Lloyd’s London Subscribing to Policy Number DOG1485266 vs. Michael Harter,
5 Case No. 2:21-cv-02114- JAK-JPR.
6 2.2 Challenging Party: a Party or Non-Party that challenges the designation
7 of information or items under this Order.
8 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
9 how it is generated, stored or maintained) or tangible things that qualify for protection
10 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
11 Cause Statement.
12 2.4 Counsel: attorneys retained or employed by the named parties including,
13 but not limited to, counsel of record in this Action that have appeared on behalf of
14 that party or are affiliated with a law firm that has appeared on behalf of that party,
15 and their support staff.
16 2.5 Designating Party: a Party or Non-Party that designates information or
17 items that it produces in disclosures or in responses to discovery as
18 “CONFIDENTIAL.”
19 2.6 Disclosure or Discovery Material: all items or information, regardless
20 of the medium or manner in which it is generated, stored, or maintained (including,
21 among other things, testimony, transcripts, and tangible things) that are produced or
22 generated in disclosures or responses to discovery in this matter.
23 2.7 Expert: a person with specialized knowledge or experience in a matter
24 pertinent to the litigation who has been retained by a Party or its counsel to serve as
25 an expert witness or as a consultant in this Action.
26 2.8 Non-Party: any natural person, partnership, corporation, association or
27 other legal entity not named as a Party to this action.
28
00703414.DOCX 7 5
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 6 of 17 Page ID #:2786
1 2.9 Party: any party to this Action, including all of its officers, directors,
2 employees, consultants, retained experts, and Counsel.
3 2.10 Producing Party: a Party or Non-Party that produces Disclosure or
4 Discovery Material in this Action.
5 2.11 Professional Vendors: persons or entities that provide litigation support
6 services (e.g., photocopying, videotaping, translating, preparing exhibits or
7 demonstrations, and organizing, storing, or retrieving data in any form or medium)
8 and their employees and subcontractors.
9 2.12 Protected Material: any Disclosure or Discovery Material that is
10 designated as “CONFIDENTIAL.”
11 2.13 Receiving Party: a Party that receives Disclosure or Discovery Material
12 from a Producing Party.
13 3. SCOPE
14 The protections conferred by this Stipulation and Order cover not only
15 Protected Material (as defined above), but also (1) all copies and excerpts of Protected
16 Material; and (2) any testimony, conversations, or presentations by Parties or their
17 Counsel that reveal Protected Material.
18 Any use of Protected Material at trial shall be governed by the orders of the
19 trial judge. This Order does not govern the use of Protected Material at trial.
20 4. DURATION
21 Once a case proceeds to trial, information that was designated as
22 CONFIDENTIAL or maintained pursuant to this protective order used or introduced
23 as an exhibit at trial becomes public and will be presumptively available to all
24 members of the public, including the press, unless compelling reasons supported by
25 specific factual findings to proceed otherwise are made to the trial judge in advance
26 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”
27 showing for sealing documents produced in discovery from “compelling reasons”
28
00703414.DOCX 7 6
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 7 of 17 Page ID #:2787
1 standard when merits-related documents are part of court record). Accordingly, the
2 terms of this protective order do not extend beyond the commencement of the trial.
3 5. DESIGNATING PROTECTED MATERIAL
4 5.1 Exercise of Restraint and Care in Designating Material for Protection.
5 Each Party or Non-Party that designates information or items for protection under this
6 Order must take care to limit any such designation to specific material that qualifies
7 under the appropriate standards. The Designating Party must designate for protection
8 only those parts of material, documents, items or oral or written communications that
9 qualify so that other portions of the material, documents, items or communications
10 for which protection is not warranted are not swept unjustifiably within the ambit of
11 this Order.
12 Mass, indiscriminate or routinized designations are prohibited. Designations
13 that are shown to be clearly unjustified or that have been made for an improper
14 purpose (e.g., to unnecessarily encumber the case development process or to impose
15 unnecessary expenses and burdens on other parties) may expose the Designating Party
16 to sanctions.
17 If it comes to a Designating Party’s attention that information or items that it
18 designated for protection do not qualify for protection, that Designating Party must
19 promptly notify all other Parties that it is withdrawing the inapplicable designation.
20 5.2 Manner and Timing of Designations. Except as otherwise provided in
21 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
23 under this Order must be clearly so designated before the material is disclosed or
24 produced.
25 Designation in conformity with this Order requires:
26 (a) for information in documentary form (e.g., paper or electronic
27 documents, but excluding transcripts of depositions or other pretrial or trial
28
00703414.DOCX 7 7
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 8 of 17 Page ID #:2788
1 proceedings), that the Producing Party affix at a minimum, the legend
2 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
3 contains protected material. If only a portion of the material on a page qualifies for
4 protection, the Producing Party also must clearly identify the protected portion(s)
5 (e.g., by making appropriate markings in the margins).
6 A Party or Non-Party that makes original documents available for inspection
7 need not designate them for protection until after the inspecting Party has indicated
8 which documents it would like copied and produced. During the inspection and
9 before the designation, all of the material made available for inspection shall be
10 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents
11 it wants copied and produced, the Producing Party must determine which documents,
12 or portions thereof, qualify for protection under this Order. Then, before producing
13 the specified documents, the Producing Party must affix the “CONFIDENTIAL
14 legend” to each page that contains Protected Material. If only a portion of the material
15 on a page qualifies for protection, the Producing Party also must clearly identify the
16 protected portion(s) (e.g., by making appropriate markings in the margins).
17 (b) for testimony given in depositions that the Designating Party identifies
18 the Disclosure or Discovery Material on the record, before the close of the deposition
19 all protected testimony.
20 (c) for information produced in some form other than documentary and for
21 any other tangible items, that the Producing Party affix in a prominent place on the
22 exterior of the container or containers in which the information is stored the legend
23 “CONFIDENTIAL.” If only a portion or portions of the information warrants
24 protection, the Producing Party, to the extent practicable, shall identify the protected
25 portion(s).
26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
27 failure to designate qualified information or items does not, standing alone, waive the
28
00703414.DOCX 7 8
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 9 of 17 Page ID #:2789
1 Designating Party’s right to secure protection under this Order for such material.
2 Upon timely correction of a designation, the Receiving Party must make reasonable
3 efforts to assure that the material is treated in accordance with the provisions of this
4 Order.
5 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
6 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
7 designation of confidentiality, or an inadvertent failure to timely designate at any time
8 that is consistent with the Court’s Scheduling Order.
9 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
10 resolution process under Local Rule 37.1 et seq.
11 6.3 The burden of persuasion in any such challenge proceeding shall be on
12 the Designating Party. Frivolous challenges, and those made for an improper purpose
13 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
14 expose the Challenging Party to sanctions. Unless the Designating Party has waived
15 or withdrawn the confidentiality designation, all parties shall continue to afford the
16 material in question the level of protection to which it is entitled under the Producing
17 Party’s designation until the Court rules on the challenge.
18 7. ACCESS TO AND USE OF PROTECTED MATERIAL
19 7.1 Basic Principles. A Receiving Party may use Protected Material that is
20 disclosed or produced by another Party or by a Non-Party in connection with this
21 Action only for prosecuting, defending or attempting to settle this Action. Such
22 Protected Material may be disclosed only to the categories of persons and under the
23 conditions described in this Order. When the Action has been terminated, a Receiving
24 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
25 Protected Material must be stored and maintained by a Receiving Party at a
26 location and in a secure manner that ensures that access is limited to the persons
27 authorized under this Order.
28
00703414.DOCX 7 9
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 10 of 17 Page ID #:2790
1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
2 otherwise ordered by the court or permitted in writing by the Designating Party, a
3 Receiving Party may disclose any information or item designated
4 “CONFIDENTIAL” only to:
5 (a) the Receiving Party’s Counsel, as well as employees of said Counsel to
6 whom it is reasonably necessary to disclose the information for this Action;
7 (b) the officers, directors, employees, and professionals retained by or for
8 the benefit of the Receiving Party to whom disclosure is reasonably necessary for this
9 Action;
10 (c) Experts (as defined in this Order) of the Receiving Party to whom
11 disclosure is reasonably necessary for this Action and who have signed the
12 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
13 (d) the court and its personnel;
14 (e) court reporters and their staff;
15 (f) professional jury or trial consultants, mock jurors, and Professional
16 Vendors to whom disclosure is reasonably necessary for this Action and who have
17 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18 (g) the author or recipient of a document containing the information or a
19 custodian or other person who otherwise possessed or knew the information and their
20 respective counsel;
21 (h) during their depositions, witnesses, and attorneys for witnesses, in the
22 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
23 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will
24 not be permitted to keep any confidential information unless they sign the
25 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
26 agreed by the Designating Party or ordered by the court. Pages of transcribed
27 deposition testimony or exhibits to depositions that reveal Protected Material may be
28
00703414.DOCX 7 10
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 11 of 17 Page ID #:2791
1 separately bound by the court reporter and may not be disclosed to anyone except as
2 permitted under this Stipulated Protective Order; and
3 (i) any mediator or settlement officer, and their supporting personnel,
4 mutually agreed upon by any of the parties engaged in settlement discussions or
5 appointed by the Court.
6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
7
If a Party is served with a subpoena or a court order issued in other litigation
8
that compels disclosure of any information or items designated in this Action as
9
“CONFIDENTIAL,” that Party must:
10
(a) promptly notify in writing the Designating Party. Such notification shall
11
include a copy of the subpoena or court order unless prohibited by law;
12
(b) promptly notify in writing the party who caused the subpoena or order
13
to issue in the other litigation that some or all of the material covered by the subpoena
14
or order is subject to this Protective Order. Such notification shall include a copy of
15
this Stipulated Protective Order; and
16
(c) cooperate with respect to all reasonable procedures sought to be pursued
17
by the Designating Party whose Protected Material may be affected.
18
If the Designating Party timely seeks a protective order, the Party served with
19
the subpoena or court order shall not produce any information designated in this action
20
as “CONFIDENTIAL” before a determination by the court from which the subpoena
21
or order issued, unless the Party has obtained the Designating Party’s permission. The
22
Designating Party shall bear the burden and expense of seeking protection in that court
23
of its confidential material and nothing in these provisions should be construed as
24
authorizing or encouraging a Receiving Party in this Action to disobey a lawful
25
directive from another court.
26
9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
27 PRODUCED IN THIS LITIGATION
28
00703414.DOCX 7 11
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 12 of 17 Page ID #:2792
1 (a) The terms of this Order are applicable to information produced by a
2 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
3 produced by Non-Parties in connection with this litigation is protected by the
4 remedies and relief provided by this Order. Nothing in these provisions should be
5 construed as prohibiting a Non-Party from seeking additional protections.
6 (b) In the event that a Party is required, by a valid discovery request, to
7 produce a Non-Party’s confidential information in its possession, and the Party is
8 subject to an agreement with the Non-Party not to produce the Non-Party’s
9 confidential information, then the Party shall:
10 (1) promptly notify in writing the Requesting Party and the Non-Party
11 that some or all of the information requested is subject to a confidentiality agreement
12 with a Non-Party;
13 (2) promptly provide the Non-Party with a copy of the Stipulated
14 Protective Order in this Action, the relevant discovery request(s), and a reasonably
15 specific description of the information requested; and
16 (3) make the information requested available for inspection by the Non-
17 Party, if requested.
18 (c) If the Non-Party fails to seek a protective order from this court within
19 14 days of receiving the notice and accompanying information, the Receiving Party
20 may produce the Non-Party’s confidential information responsive to the discovery
21 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
22 not produce any information in its possession or control that is subject to the
23 confidentiality agreement with the Non-Party before a determination by the court.
24 Absent a court order to the contrary, the Non-Party shall bear the burden and expense
25 of seeking protection in this court of its Protected Material.
26 10. UNAUTHORIZED DISCLOSURE OF PROTECTED
MATERIAL
27
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
28
00703414.DOCX 7 12
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 13 of 17 Page ID #:2793
1 Protected Material to any person or in any circumstance not authorized under this
2 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
3 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
4 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
5 persons to whom unauthorized disclosures were made of all the terms of this Order,
6 and (d) request such person or persons to execute the “Acknowledgment and
7 Agreement to Be Bound” that is attached hereto as Exhibit A.
8 11. INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL
9
When a Producing Party gives notice to Receiving Parties that certain
10
inadvertently produced material is subject to a claim of privilege or other protection,
11
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
12
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
13
may be established in an e-discovery order that provides for production without prior
14
privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
15
parties reach an agreement on the effect of disclosure of a communication or
16
information covered by the attorney-client privilege or work product protection, the
17
parties may incorporate their agreement in the stipulated protective order submitted
18
to the court provided the Court so allows.
19
12. MISCELLANEOUS
20
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
21
person to seek its modification by the Court in the future.
22
12.2 Right to Assert Other Objections. By stipulating to the entry of this
23
Protective Order, no Party waives any right it otherwise would have to object to
24
disclosing or producing any information or item on any ground not addressed in this
25
Stipulated Protective Order. Similarly, no Party waives any right to object on any
26
ground to use in evidence of any of the material covered by this Protective Order.
27
12.3 Filing Protected Material. A Party that seeks to file under seal any
28
00703414.DOCX 7 13
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 14 of 17 Page ID #:2794
1 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
2 only be filed under seal pursuant to a court order authorizing the sealing of the specific
3 Protected Material at issue. If a Party’s request to file Protected Material under seal
4 is denied by the court, then the Receiving Party may file the information in the public
5 record unless otherwise instructed by the court.
6 13. FINAL DISPOSITION
7 After the final disposition of this Action, as defined in paragraph 4, within 60
8 days of a written request by the Designating Party, each Receiving Party must return
9 all Protected Material to the Producing Party or destroy such material. As used in this
10 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
11 summaries, and any other format reproducing or capturing any of the Protected
12 Material. Whether the Protected Material is returned or destroyed, the Receiving
13 Party must submit a written certification to the Producing Party (and, if not the same
14 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
15 (by category, where appropriate) all the Protected Material that was returned or
16 destroyed and (2) affirms that the Receiving Party has not retained any copies,
17 abstracts, compilations, summaries or any other format reproducing or capturing any
18 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
19 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
20 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
21 reports, attorney work product, and consultant and expert work product, even if such
22 materials contain Protected Material. Any such archival copies that contain or
23 constitute Protected Material remain subject to this Protective Order as set forth in
24 Section 4 (DURATION).
25 14. VIOLATION
26 Any violation of this Order may be punished by appropriate measures
27 including, without limitation, contempt proceedings and/or monetary sanctions.
28
00703414.DOCX 7 14
Case 4]21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page15o0f17 Page ID #:2795
1 |} ///
2 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.
4 || DATED 5/10/2022
6 /s/
Attorneys for Certain Underwriters at Tloyd 's London
7 || Who Subscribe to Policy No. DOG01485266
DATED: 5/10/2022
10
11
/s/
12 Attorneys for Tom Santoro as Liquidating Trustee of
3 the UVL Liquidating Trust, Assignee of Michael Harter
14
15
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
16
17
DATED: May 11, 2022
18
19 fe PrewhMatlr
20 || HON. JEAN P. ROSENBLUTH
54 United States Magistrate Judge
22
23
24
25
26
27
28 00703414.DOCX 7 1 5
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 16 of 17 Page ID #:2796
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, _____________________________ [print or type full name], of
5 _________________ [print or type full address], declare under penalty of perjury that
6 I have read in its entirety and understand the Stipulated Protective Order that was
7 issued by the United States District Court for the Central District of California on
8 __________________ in the following matters: Certain Underwriters at Lloyd’s
9 London Who Subscribe to Policy No. DOG01485266 v. Michael Wayne Harter, Case
10 No. 2:21-cv-02114 JAK(JPR) C/W Tom Santoro, as Liquidating Trustee of the UVL
11 Liquidating Trust and as Assignee for Michael Harter v. Certain Underwriters at
12 Lloyd’s London Subscribing to Policy Number DOG1485266, Case No. 2:21-cv-
13 05028-JAK-JPR. I agree to comply with and to be bound by all the terms of this
14 Stipulated Protective Order and I understand and acknowledge that failure to so
15 comply could expose me to sanctions and punishment in the nature of contempt. I
16 solemnly promise that I will not disclose in any manner any information or item that
17 is subject to this Stipulated Protective Order to any person or entity except in strict
18 compliance with the provisions of this Order.
19 I further agree to submit to the jurisdiction of the United States District Court
20 for the Central District of California for enforcing the terms of this Stipulated
21 Protective Order, even if such enforcement proceedings occur after termination of this
22 action.
23 ///
24 ///
25 ///
26 ///
27
28
00703414.DOCX 7 16
Case 2:21-cv-02114-JAK-JPR Document 92 Filed 05/11/22 Page 17 of 17 Page ID #:2797
1 Date: ______________________________________
2 City and State where sworn and signed: _________________________________
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4 Printed name: _______________________________
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6 Signature: __________________________________
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