distinguishing “good cause” showing for 12 sealing documents produced in discovery from “compelling reasons” standard when 13 merits-related documents are part of court record
How later courts described this case
- distinguishing “good cause” showing for 12 sealing documents produced in discovery from “compelling reasons” standard when 13 merits-related documents are part of court record
- even stipulated protective orders 14 require good cause showing
Written by the judges who cited it.
The opinion
11
22
33
44
55
66
77
88
99
1100
1111
1122
1133
1144
1155
1166
1177
1188
1199
2200
2211
2222
2233
2244
2255
2266
2277
2288
{06413573.1}
STIPULATED PROTECTIVE ORDER
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Case 2:21-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page 1 of 17 Page ID #:135
NICHOLAS J. BOOS (SBN 233399)
nboos@maynardcooper.com
NORMAN LAU (SBN 253690)
nlau@maynardcooper.com
MAYNARD COOPER & GALE LLP
Two Embarcadero Center, Suite 1450
San Francisco, California 94111
Telephone: (415) 646-4700
Facsimile: (205) 254-1999 NOTE: CHANGES MADE BY THE COURT
Attorneys for Defendant
OHIO SECURITY INSURANCE COMPANY
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WILLIAM SALPAKA, an individual Case No. 2:21-cv-04435-FMO-SK
and in his capacity as TRUSTEE OF
THE SALPAKA REVOCABLE TRUST
U/T 4-26-89; VIRGINA SALPAKA, an STIPULATED PROTECTIVE
individual and in her capacity as ORDER EXCEPT AS MODIFIED
TRUSTEE OF THE SALPAKA BY THE COURT
REVOCABLE TRUST U/T 4-26-89
Plaintiffs,
v.
LIBERTY MUTUAL INSURANCE
COMPANY, a Massachusetts
corporation; and DOES 1 to 50,
inclusive,
Defendants.
It is hereby stipulated by and between Plaintiffs William Sapaka and Virginia
Salpaka, individually and in their capacities as Trustees of The Salpaka Revocable
Trust, on the one hand, and Ohio Security Insurance Company, on the other hand,
by and through their respective attorneys of record, as follows:
A. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,
proprietary or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation may
Case 2:21-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page 2 of 17 Page ID #:136
1 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
2 enter the following Stipulated Protective Order. The parties acknowledge that this
3 Order does not confer blanket protections on all disclosures or responses to
4 discovery and that the protection it affords from public disclosure and use extends
5 only to the limited information or items that are entitled to confidential treatment
6 under the applicable legal principles.
7 B. GOOD CAUSE STATEMENT
8 This action is likely to involve trade secrets, customer and pricing lists and
9 other valuable research, development, commercial, financial, technical and/or
10 proprietary information for which special protection from public disclosure and
11 from use for any purpose other than prosecution of this action is warranted. Such
12 confidential and proprietary materials and information consist of, among other
13 things, confidential business or financial information, information regarding
14 confidential business practices, or other confidential research, development, or
15 commercial information (including information implicating privacy rights of third
16 parties), information otherwise generally unavailable to the public, or which may be
17 privileged or otherwise protected from disclosure under state or federal statutes,
18 court rules, case decisions, or common law. Accordingly, to expedite the flow of
19 information, to facilitate the prompt resolution of disputes over confidentiality of
20 discovery materials, to adequately protect information the parties are entitled to
21 keep confidential, to ensure that the parties are permitted reasonable necessary uses
22 of such material in preparation for and in the conduct of trial, to address their
23 handling at the end of the litigation, and serve the ends of justice, a protective order
24 for such information is justified in this matter. It is the intent of the parties that
25 information will not be designated as confidential for tactical reasons and that
26 nothing be so designated without a good faith belief that it has been maintained in a
27 confidential, non-public manner, and there is good cause why it should not be part
28 of the public record of this case.
{06413573.1}
2
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page 3 of 17 Page ID #:137
1 C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER
2 SEAL
3 The parties further acknowledge, as set forth in Section 12.3, below, that this
4 Stipulated Protective Order does not entitle them to file confidential information
5 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
6 and the standards that will be applied when a party seeks permission from the court
7 to file material under seal.
8 There is a strong presumption that the public has a right of access to judicial
9 proceedings and records in civil cases. In connection with non-dispositive motions,
10 good cause must be shown to support a filing under seal. See Kamakana v. City and
11 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
12 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
13 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
14 require good cause showing), and a specific showing of good cause or compelling
15 reasons with proper evidentiary support and legal justification, must be made with
16 respect to Protected Material that a party seeks to file under seal. The parties’ mere
17 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—
18 without the submission of competent evidence by declaration, establishing that the
19 material sought to be filed under seal qualifies as confidential, privileged, or
20 otherwise protectable—constitute good cause.
21 Further, if a party requests sealing related to a dispositive motion or trial,
22 then compelling reasons, not only good cause, for the sealing must be shown, and
23 the relief sought shall be narrowly tailored to serve the specific interest to be
24 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
25 2010). For each item or type of information, document, or thing sought to be filed
26 or introduced under seal in connection with a dispositive motion or trial, the party
27 seeking protection must articulate compelling reasons, supported by specific facts
28 and legal justification, for the requested sealing order. Again, competent evidence
{06413573.1}
3
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page 4 of 17 Page ID #:138
1 supporting the application to file documents under seal must be provided by
2 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: William Salpaka, et al. v. Liberty Mutual Insurance Company,
11 et al., Case No. 2:21-cv-04435-FMO-SK.
12 2.2 Challenging Party: a Party or Non-Party that challenges the
13 designation of information or items under this Order.
14 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
15 how it is generated, stored or maintained) or tangible things that qualify for
16 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
17 the Good Cause Statement.
18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
19 their support staff).
20 2.5 Designating Party: a Party or Non-Party that designates information or
21 items that it produces in disclosures or in responses to discovery as
22 “CONFIDENTIAL.”
23 2.6 Disclosure or Discovery Material: all items or information, regardless
24 of the medium or manner in which it is generated, stored, or maintained (including,
25 among other things, testimony, transcripts, and tangible things), that are produced
26 or generated in disclosures or responses to discovery in this matter.
27 2.7 Expert: a person with specialized knowledge or experience in a matter
28 pertinent to the litigation who has been retained by a Party or its counsel to serve as
{06413573.1}
4
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page 5 of 17 Page ID #:139
1 an expert witness or as a consultant in this Action.
2 2.8 House Counsel: attorneys who are employees of a party to this Action.
3 House Counsel does not include Outside Counsel of Record or any other outside
4 counsel.
5 2.9 Non-Party: any natural person, partnership, corporation, association or
6 other legal entity not named as a Party to this action.
7 2.10 Outside Counsel of Record: attorneys who are not employees of a
8 party to this Action but are retained to represent or advise a party to this Action and
9 have appeared in this Action on behalf of that party or are affiliated with a law firm
10 that has appeared on behalf of that party, and includes support staff.
11 2.11 Party: any party to this Action, including all of its officers, directors,
12 employees, consultants, retained experts, and Outside Counsel of Record (and their
13 support staffs).
14 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
15 Discovery Material in this Action.
16 2.13 Professional Vendors: persons or entities that provide litigation
17 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
18 demonstrations, and organizing, storing, or retrieving data in any form or medium)
19 and their employees and subcontractors.
20 2.14 Protected Material: any Disclosure or Discovery Material that is
21 designated as “CONFIDENTIAL.”
22 2.15 Receiving Party: a Party that receives Disclosure or Discovery
23 Material from a Producing Party.
24 3. SCOPE
25 The protections conferred by this Stipulation and Order cover not only
26 Protected Material (as defined above), but also (1) any information copied or
27 extracted from Protected Material; (2) all copies, excerpts, summaries, or
28 compilations of Protected Material; and (3) any testimony, conversations, or
{06413573.1}
5
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page 6 of 17 Page ID #:140
1 presentations by Parties or their Counsel that might reveal Protected Material.
2 Any use of Protected Material at trial shall be governed by the orders of the
3 trial judge. This Order does not govern the use of Protected Material at trial.
4 4. DURATION
5 Once a case proceeds to trial, information that was designated as
6 CONFIDENTIAL or maintained pursuant to this protective order used or
7 introduced as an exhibit at trial becomes public and will be presumptively available
8 to all members of the public, including the press, unless compelling reasons
9 supported by specific factual findings to proceed otherwise are made to the trial
10 judge in advance of the trial. See Kamakana v. City and County of Honolulu, 447
11 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for
12 sealing documents produced in discovery from “compelling reasons” standard when
13 merits-related documents are part of court record). Accordingly, the terms of this
14 protective order do not extend beyond the commencement of the trial.
15 5. DESIGNATED PROTECTED MATERIAL
16 5.1 Exercise of Restraint and Care in Designating Material for Protection.
17 Each Party or Non-Party that designates information or items for protection under
18 this Order must take care to limit any such designation to specific material that
19 qualifies under the appropriate standards. The Designating Party must designate for
20 protection only those parts of material, documents, items or oral or written
21 communications that qualify so that other portions of the material, documents,
22 items or communications for which protection is not warranted are not swept
23 unjustifiably within the ambit of this Order.
24 Mass, indiscriminate or routinized designations are prohibited. Designations
25 that are shown to be clearly unjustified or that have been made for an improper
26 purpose (e.g., to unnecessarily encumber the case development process or to
27 impose unnecessary expenses and burdens on other parties) may expose the
28 Designating Party to sanctions.
{06413573.1}
6
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page 7 of 17 Page ID #:141
1 If it comes to a Designating Party’s attention that information or items that it
2 designated for protection do not qualify for protection, that Designating Party must
3 promptly notify all other Parties that it is withdrawing the inapplicable designation.
4 5.2 Manner and Timing of Designations. Except as otherwise provided in
5 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
6 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
7 under this Order must be clearly so designated before the material is disclosed or
8 produced.
9 Designation in conformity with this Order requires:
10 (a) for information in documentary form (e.g., paper or electronic
11 documents, but excluding transcripts of depositions or other pretrial or trial
12 proceedings), that the Producing Party affix at a minimum, the legend
13 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
14 contains protected material. If only a portion of the material on a page qualifies for
15 protection, the Producing Party also must clearly identify the protected portion(s)
16 (e.g., by making appropriate markings in the margins).
17 A Party or Non-Party that makes original documents available for inspection
18 need not designate them for protection until after the inspecting Party has indicated
19 which documents it would like copied and produced. During the inspection and
20 before the designation, all of the material made available for inspection shall be
21 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
22 documents it wants copied and produced, the Producing Party must determine
23 which documents, or portions thereof, qualify for protection under this Order. Then,
24 before producing the specified documents, the Producing Party must affix the
25 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
26 portion of the material on a page qualifies for protection, the Producing Party also
27 must clearly identify the protected portion(s) (e.g., by making appropriate markings
28 in the margins).
{06413573.1}
7
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page 8 of 17 Page ID #:142
1 (b) for testimony given in depositions that the Designating Party identifies
2 the Disclosure or Discovery Material on the record, before the close of the
3 deposition all protected testimony.
4 (c) for information produced in some form other than documentary and
5 for any other tangible items, that the Producing Party affix in a prominent place on
6 the exterior of the container or containers in which the information is stored the
7 legend “CONFIDENTIAL.” If only a portion or portions of the information
8 warrants protection, the Producing Party, to the extent practicable, shall identify the
9 protected portion(s).
10 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
11 failure to designate qualified information or items does not, standing alone, waive
12 the Designating Party’s right to secure protection under this Order for such
13 material. Upon timely correction of a designation, the Receiving Party must make
14 reasonable efforts to assure that the material is treated in accordance with the
15 provisions of this Order.
16 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
17 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
18 designation of confidentiality at any time that is consistent with the Court’s
19 Scheduling Order.
20 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
21 resolution process under Local Rule 37-1 et seq.
22 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
23 joint stipulation pursuant to Local Rule 37-2.
24 6.4 The burden of persuasion in any such challenge proceeding shall be on
25 the Designating Party. Frivolous challenges, and those made for an improper
26 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
27 parties) may expose the Challenging Party to sanctions. Unless the Designating
28 Party has waived or withdrawn the confidentiality designation, all parties shall
{06413573.1}
8
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page 9 of 17 Page ID #:143
1 continue to afford the material in question the level of protection to which it is
2 entitled under the Producing Party’s designation until the Court rules on the
3 challenge.
4 7. ACCESS TO AND USE OF PROTECTED MATERIAL
5 7.1 Basic Principles. A Receiving Party may use Protected Material that is
6 disclosed or produced by another Party or by a Non-Party in connection with this
7 Action only for prosecuting, defending or attempting to settle this Action. Such
8 Protected Material may be disclosed only to the categories of persons and under the
9 conditions described in this Order. When the Action has been terminated, a
10 Receiving Party must comply with the provisions of section 13 below (FINAL
11 DISPOSITION).
12 Protected Material must be stored and maintained by a Receiving Party at a
13 location and in a secure manner that ensures that access is limited to the persons
14 authorized under this Order.
15 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
16 otherwise ordered by the court or permitted in writing by the Designating Party, a
17 Receiving Party may disclose any information or item designated
18 “CONFIDENTIAL” only to:
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;
{06413573.1}
9
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page 10 of 17 Page ID #:144
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 a
5 custodian or other person who otherwise possessed or knew the information;
6 (h) during their depositions, witnesses, and attorneys for witnesses, in the
7 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
8 requests that the witness sign the form attached as Exhibit A hereto; and (2) they
9 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
14 except as permitted under this Stipulated Protective Order; and
15 (i) any mediator or settlement officer, and their supporting personnel,
16 mutually agreed upon by any of the parties engaged in settlement discussions.
17 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
18 IN OTHER LITIGATION
19 If a Party is served with a subpoena or a court order issued in other litigation
20 that compels disclosure of any information or items designated in this Action as
21 “CONFIDENTIAL,” that Party must:
22 (a) promptly notify in writing the Designating Party. Such notification
23 shall include a copy of the subpoena or court order;
24 (b) promptly notify in writing the party who caused the subpoena or order
25 to issue in the other litigation that some or all of the material covered by the
26 subpoena or order is subject to this Protective Order. Such notification shall include
27 a copy of this Stipulated Protective Order; and
28 (c) cooperate with respect to all reasonable procedures sought to be
{06413573.1}
10
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page 11 of 17 Page ID #:145
1 pursued by the Designating Party whose Protected Material may be affected.
2 If the Designating Party timely seeks a protective order, the Party served with
3 the subpoena or court order shall not produce any information designated in this
4 action as “CONFIDENTIAL” before a determination by the court from which the
5 subpoena or order issued, unless the Party has obtained the Designating Party’s
6 permission. The Designating Party shall bear the burden and expense of seeking
7 protection in that court of its confidential material and nothing in these provisions
8 should be construed as authorizing or encouraging a Receiving Party in this Action
9 to disobey a lawful directive from another court.
10 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
11 PRODUCED IN THIS LITIGATION
12 (a) The terms of this Order are applicable to information produced by a
13 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
14 produced by Non-Parties in connection with this litigation is protected by the
15 remedies and relief provided by this Order. Nothing in these provisions should be
16 construed as prohibiting a Non-Party from seeking additional protections.
17 (b) In the event that a Party is required, by a valid discovery request, to
18 produce a Non-Party’s confidential information in its possession, and the Party is
19 subject to an agreement with the Non-Party not to produce the Non-Party’s
20 confidential information, then the Party shall:
21 (1) promptly notify in writing the Requesting Party and the Non-
22 Party that some or all of the information requested is subject to a confidentiality
23 agreement with a Non-Party;
24 (2) promptly provide the Non-Party with a copy of the Stipulated
25 Protective Order in this Action, the relevant discovery request(s), and a reasonably
26 specific description of the information requested; and
27 (3) make the information requested available for inspection by the
28 Non-Party, if requested.
{06413573.1}
11
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page 12 of 17 Page ID #:146
1 (c) If the Non-Party fails to seek a protective order from this court within
2 14 days of receiving the notice and accompanying information, the Receiving Party
3 may produce the Non-Party’s confidential information responsive to the discovery
4 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
5 not produce any information in its possession or control that is subject to the
6 confidentiality agreement with the Non-Party before a determination by the court.
7 Absent a court order to the contrary, the Non-Party shall bear the burden and
8 expense of seeking protection in this court of its Protected Material.
9 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
10 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
11 Protected Material to any person or in any circumstance not authorized under this
12 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
13 writing the Designating Party of the unauthorized disclosures, (b) use its best
14 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
15 person or persons to whom unauthorized disclosures were made of all the terms of
16 this Order, and (d) request such person or persons to execute the “Acknowledgment
17 and Agreement to Be Bound” that is attached hereto as Exhibit A.
18 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
19 PROTECTED MATERIAL
20 When a Producing Party gives notice to Receiving Parties that certain
21 inadvertently produced material is subject to a claim of privilege or other
22 protection, the obligations of the Receiving Parties are those set forth in Federal
23 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
24 whatever procedure may be established in an e-discovery order that provides for
25 production without prior privilege review. Pursuant to Federal Rule of Evidence
26 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
27 of a communication or information covered by the attorney-client privilege or work
28 product protection, the parties may incorporate their agreement in the stipulated
{06413573.1}
12
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page 13 of 17 Page ID #:147
1 protective order submitted to the court.
2 12. MISCELLANEOUS
3 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
4 person to seek its modification by the Court in the future.
5 12.2 Right to Assert Other Objections. By stipulating to the entry of this
6 Protective Order, no Party waives any right it otherwise would have to object to
7 disclosing or producing any information or item on any ground not addressed in
8 this Stipulated Protective Order. Similarly, no Party waives any right to object on
9 any ground to use in evidence of any of the material covered by this Protective
10 Order.
11 12.3 Filing Protected Material. A Party that seeks to file under seal any
12 Protected Material must comply with Local Civil Rule 79-5. Protected Material
13 may only be filed under seal pursuant to a court order authorizing the sealing of the
14 specific Protected Material at issue. If a Party’s request to file Protected Material
15 under seal is denied by the court, then the Receiving Party may file the information
16 in the public record unless otherwise instructed by the court.
17 13. FINAL DISPOSITION
18 After the final disposition of this Action, as defined in paragraph 4, within 60
19 days of a written request by the Designating Party, each Receiving Party must
20 return all Protected Material to the Producing Party or destroy such material. As
21 used in this subdivision, “all Protected Material” includes all copies, abstracts,
22 compilations, summaries, and any other format reproducing or capturing any of the
23 Protected Material. Whether the Protected Material is returned or destroyed, the
24 Receiving Party must submit a written certification to the Producing Party (and, if
25 not the same person or entity, to the Designating Party) by the 60 day deadline that
26 (1) identifies (by category, where appropriate) all the Protected Material that was
27 returned or destroyed and (2) affirms that the Receiving Party has not retained any
28 copies, abstracts, compilations, summaries or any other format reproducing or
{06413573.1}
13
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page 14 of 17 Page ID #:148
1 capturing any of the Protected Material. Notwithstanding this provision, Counsel
2 are entitled to retain an archival copy of all pleadings, motion papers, trial,
3 deposition, and hearing transcripts, legal memoranda, correspondence, deposition
4 and trial exhibits, expert reports, attorney work product, and consultant and expert
5 work product, even if such materials contain Protected Material. Any such archival
6 copies that contain or constitute Protected Material remain subject to this Protective
7 Order as set forth in Section 4 (DURATION).
8 14. VIOLATION
9 Any violation of this Order may be punished by appropriate measures
10 including, without limitation, contempt proceedings and/or monetary sanctions.
11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
12 We hereby attest that concurrence in the filing of this stipulation was
13 obtained by each of the below identified signatories.
14 DATED: June 2, 2022 MAYNARD COOPER AND GALE LLP
15
/s/ Norman Lau
16
Nicholas J. Boos
17 Norman Lau
Attorneys for Defendant
18
OHIO SECURITY INSURANCE
COMPANY
19
20 DATED: June 2, 2022 ENGSTROM, LIPSCOMB & LACK, P.C.
21
22 /s/ Andrew Jaconson
Andrew M. Jacobson
23 Attorneys for Plaintiff
WILLIAM SALPAKA, et al.
24
25
26
27
28
{06413573.1}
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STIPULATED PROTECTIVE ORDER
Case 2?1-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page15o0f17 Page ID#:149
1}|} FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
, || DATED: _June 6, 2022 — Shorr
4 HON. STEVE KIM
UNITED STATES MAGISTRATE JUDGE
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{06413573.1} is
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page 16 of 17 Page ID #:150
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
6 that 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 _________[date] in the case of William Salpaka, et al. v. Liberty Mutual Insurance
9 Company, et al., Case No. 2:21-cv-04435-FMO-SK. I agree to comply with and to
10 be bound by all the terms of this Stipulated Protective Order and I understand and
11 acknowledge that failure to so comply could expose me to sanctions and punishment
12 in the nature of contempt. I solemnly promise that I will not disclose in any manner
13 any information or item that is subject to this Stipulated Protective Order to any
14 person or entity except in strict compliance with the provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District Court for the
16 Central District of California for enforcing the terms of this Stipulated Protective
17 Order, even if such enforcement proceedings occur after termination of this action.
18 I hereby appoint ________________________________ [print or type full name] of
19 ________________________________________________ [print or type full address and
20 telephone number] as my California agent for service of process in connection with
21 this action or any proceedings related to enforcement of this Stipulated Protective
22 Order.
23 Date: _______________________________________
24 City and State where sworn and signed:
25
26 Printed name:
27
28 Signature:
{06413573.1}
16
STIPULATED PROTECTIVE ORDER
Case 2?1-cv-04435-FMO-SK Document 24 Filed 06/06/22 Page17of17 Page ID#:151
1 PROOF OF SERVICE
2|}| STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Iam employed in the County of San Francisco, State of California. lam |
4|| over the age of 21 and am not a party to the within action. My business address is
Maynard, Cooper & Gale, LLP, Two Embarcadero Center, Suite 1450, San _
5|| Francisco, California 94111. On the date indicated below, I served the foregoing
document described as:
STIPULATED PROTECTIVE ORDER
on the interested parties in this action by placing: [ ] the original document - OR-
8 [x] a true and correct copy thereof enclosed in sealed envelopes addressed as
ollows:
Walter J. Lack (SBN So)
10 Steven C. Shuman (SBN 828 8)
Andrew M. Jacobson (SBN 2863 0)
11 ENGSTROM, LIPSCOMB & LACK, P.C.
10100 Santa Monica Boulevard, Suite 1200
12 Los Angeles, CA 90067-4113
sshuman@elllaw.com
13 ajacobson elllaw.com
ttorneys for Plaintiffs
14
[X]_ BY MAIL: I caused such envelope(s) to be deposited in the mail at San
15 Francisco, California. The envelope(s) was (were) mailed with postage fully
prepaid. I am “readily familiar” with this firm’s practice of collection and
16 processing correspondence for mailing. It is deposited with U.S. postal
service on the same day in the ordinary course of business.
17
[X] BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court |
18 order or an agreement of the parties to accept service by e-mail or electronic
transmission, I caused the documents to be sent from email address
19 bday@maynardcooper.com to the persons at the e-mail addresses listed
above. I did not receive, within a reasonable time after the transmission, any
20 electronic message or other indication that the transmission was
unsuccessful.
21
_ I declare that I am employed in the office of a member who has been
admitted to the bar of this Court at whose direction the service was made. I declare
under penalty of perjury under the laws of the State of California that the foregoing
23 |) is true and correct.
24 Executed on June 2, 2022, in San Francisco, California.
25 7) r
26 aon { Jaw
Brian Day
27
28
{06413573.1}
17
STIPULATED PROTECTIVE ORDER