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
How later courts described this case
- 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
- even stipulated protective orders 17 require good cause showing
Written by the judges who cited it.
The opinion
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 1 of 18 Page ID #:662
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
CENTRAL DISTRICT OF CALIFORNIA
9
10
SIOBAHN CARROLL and ALAN Case No. 2:21-cv-09217-FMO-RAO
11
LUKEN, individually and on behalf
12 of all others similarly situated, STIPULATED PROTECTIVE
ORDER1
13
Plaintiffs,
14 v.
15
PROGRESSIVE SELECT
16 INSURANCE COMPANY, an Ohio
Corporation, UNITED FINANCIAL
17
CASUALTY COMPANY, an Ohio
18 Corporation,
19
Defendants.
20
21 1. A. PURPOSES AND LIMITATIONS
22 Discovery in this action is likely to involve production of confidential,
23 proprietary or private information for which special protection from public
24 disclosure and from use for any purpose other than prosecuting this litigation may
25 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
26 enter the following Stipulated Protective Order. The parties acknowledge that this
27
1 This Stipulated Protective Order is substantially based on the model protective
28
order provided under Magistrate Judge Rozella A. Oliver’s Procedures.
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 2 of 18 Page ID #:663
1 Order does not confer blanket protections on all disclosures or responses to
2 discovery and that the protection it affords from public disclosure and use extends
3 only to the limited information or items that are entitled to confidential treatment
4 under the applicable legal principles.
5
6 B. GOOD CAUSE STATEMENT
7 This action is likely to involve trade secrets, pricing, underwriting, actuarial
8 analysis, customer and pricing lists and other valuable research, development,
9 commercial, financial, technical and/or proprietary information for which special
10 protection from public disclosure and from use for any purpose other than
11 prosecution of this action is warranted. Such confidential and proprietary materials
12 and information consist of, among other things, confidential business or financial
13 information, information regarding confidential business practices, proprietary
14 training, marketing and sales information, operations and process information,
15 confidential and proprietary underwriting and pricing information, proprietary
16 internal systems, tools and data and/or other confidential research, development, or
17 commercial information (including information implicating privacy rights of third
18 parties), information otherwise generally unavailable to the public, or which may be
19 privileged or otherwise protected from disclosure under state or federal statutes,
20 court rules, case decisions, or common law. Accordingly, to expedite the flow of
21 information, to facilitate the prompt resolution of disputes over confidentiality of
22 discovery materials, to adequately protect information the parties are entitled to keep
23 confidential, to ensure that the parties are permitted reasonable necessary uses of
24 such material in preparation for and in the conduct of trial, to address their handling
25 at the end of the litigation, and serve the ends of justice, a protective order for such
26 information is justified in this matter. It is the intent of the parties that information
27 will not be designated as confidential for tactical reasons and that nothing be so
28
2
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 3 of 18 Page ID #:664
1 designated without a good faith belief that it has been maintained in a confidential,
2 non-public manner, and there is good cause why it should not be part of the public
3 record of this case.
4
5 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
6 The parties further acknowledge, as set forth in Section 12.3, below, that this
7 Stipulated Protective Order does not entitle them to file confidential information
8 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
9 and the standards that will be applied when a party seeks permission from the court
10 to file material under seal.
11 There is a strong presumption that the public has a right of access to judicial
12 proceedings and records in civil cases. In connection with non-dispositive motions,
13 good cause must be shown to support a filing under seal. See Kamakana v. City and
14 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors
15 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics,
16 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
17 require good cause showing), and a specific showing of good cause or compelling
18 reasons with proper evidentiary support and legal justification, must be made with
19 respect to Protected Material that a party seeks to file under seal. The parties’ mere
20 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—
21 without the submission of competent evidence by declaration, establishing that the
22 material sought to be filed under seal qualifies as confidential, privileged, or
23 otherwise protectable—constitute good cause.
24 Further, if a party requests sealing related to a dispositive motion or trial, then
25 compelling reasons, not only good cause, for the sealing must be shown, and the
26 relief sought shall be narrowly tailored to serve the specific interest to be protected.
27 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
28
3
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 4 of 18 Page ID #:665
1 each item or type of information, document, or thing sought to be filed or introduced
2 under seal in connection with a dispositive motion or trial, the party seeking
3 protection must articulate compelling reasons, supported by specific facts and legal
4 justification, for the requested sealing order. Again, competent evidence supporting
5 the application to file documents under seal must be provided by declaration.
6 Any document that is not confidential, privileged, or otherwise protectable in
7 its entirety will not be filed under seal if the confidential portions can be redacted.
8 If documents can be redacted, then a redacted version for public viewing, omitting
9 only the confidential, privileged, or otherwise protectable portions of the document
10 shall be filed. Any application that seeks to file documents under seal in their
11 entirety should include an explanation of why redaction is not feasible.
12
13 2. DEFINITIONS
14 2.1 Action: this pending federal lawsuit.
15 2.2 Challenging Party: a Party or Non-Party that challenges the
16 designation of information or items under this Order.
17 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
18 how it is generated, stored or maintained) or tangible things that qualify for
19 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
20 the Good Cause Statement.
21 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
22 their support staff).
23 2.5 Designating Party: a Party or Non-Party that designates information or
24 items that it produces in disclosures or in responses to discovery as
25 “CONFIDENTIAL.”
26 2.6 Disclosure or Discovery Material: all items or information, regardless
27 of the medium or manner in which it is generated, stored, or maintained (including,
28
4
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 5 of 18 Page ID #:666
1 among other things, testimony, transcripts, and tangible things) that are produced or
2 generated in disclosures or responses to discovery in this matter.
3 2.7 Expert: a person with specialized knowledge or experience in a matter
4 pertinent to the litigation who has been retained by a Party or its counsel to serve as
5 an expert witness or as a consultant in this Action.
6 2.8 House Counsel: attorneys who are employees of a party to this Action.
7 House Counsel does not include Outside Counsel of Record or any other outside
8 counsel.
9 2.9 Non-Party: any natural person, partnership, corporation, association or
10 other legal entity not named as a Party to this action.
11 2.10 Outside Counsel of Record: attorneys who are not employees of a
12 party to this Action but are retained to represent or advise a party to this Action and
13 have appeared in this Action on behalf of that party or are affiliated with a law firm
14 that has appeared on behalf of that party, and includes support staff.
15 2.11 Party: any party to this Action, including all of its officers, directors,
16 employees, consultants, retained experts, and Outside Counsel of Record (and their
17 support staffs).
18 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
19 Discovery Material in this Action.
20 2.13 Professional Vendors: persons or entities that provide litigation
21 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
22 demonstrations, and organizing, storing, or retrieving data in any form or medium)
23 and their employees and subcontractors.
24 2.14 Protected Material: any Disclosure or Discovery Material that is
25 designated as “CONFIDENTIAL.”
26 2.15 Receiving Party: a Party that receives Disclosure or Discovery
27 Material from a Producing Party.
28
5
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 6 of 18 Page ID #:667
1 3. SCOPE
2 The protections conferred by this Stipulation and Order cover not only
3 Protected Material (as defined above), but also (1) any information copied or
4 extracted from Protected Material; (2) all copies, excerpts, summaries, or
5 compilations of Protected Material; and (3) any testimony, conversations, or
6 presentations by Parties or their Counsel that might reveal Protected Material.
7 Any use of Protected Material at trial shall be governed by the orders of the
8 trial judge. This Order does not govern the use of Protected Material at trial.
9
10 4. DURATION
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, the
19 terms of this protective order do not extend beyond the commencement of the trial.
20
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
6
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 7 of 18 Page ID #:668
1 or communications for which protection is not warranted are not swept unjustifiably
2 within the ambit of this Order.
3 Mass, indiscriminate or routinized designations are prohibited. Designations
4 that are shown to be clearly unjustified or that have been made for an improper
5 purpose (e.g., to unnecessarily encumber the case development process or to impose
6 unnecessary expenses and burdens on other parties) may expose the Designating
7 Party to sanctions.
8 If it comes to a Designating Party’s attention that information or items that it
9 designated for protection do not qualify for protection, that Designating Party must
10 promptly notify all other Parties that it is withdrawing the inapplicable designation.
11 5.2 Manner and Timing of Designations. Except as otherwise provided in
12 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
13 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
14 under this Order must be clearly so designated before the material is disclosed or
15 produced.
16 Designation in conformity with this Order requires:
17 (a) for information in documentary form (e.g., paper or electronic
18 documents, but excluding transcripts of depositions or other pretrial or trial
19 proceedings), that the Producing Party affix at a minimum, the legend
20 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
21 contains protected material. If only a portion of the material on a page qualifies for
22 protection, the Producing Party also must clearly identify the protected portion(s)
23 (e.g., by making appropriate markings in the margins).
24 A Party or Non-Party that makes original documents available for inspection
25 need not designate them for protection until after the inspecting Party has indicated
26 which documents it would like copied and produced. During the inspection and
27 before the designation, all of the material made available for inspection shall be
28
7
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 8 of 18 Page ID #:669
1 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
2 documents it wants copied and produced, the Producing Party must determine which
3 documents, or portions thereof, qualify for protection under this Order. Then,
4 before producing the specified documents, the Producing Party must affix the
5 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
6 portion of the material on a page qualifies for protection, the Producing Party also
7 must clearly identify the protected portion(s) (e.g., by making appropriate markings
8 in the margins).
9 (b) for testimony given in depositions that the Designating Party identifies
10 the Disclosure or Discovery Material on the record, before the close of the
11 deposition all protected testimony or in writing any party or non-party may, within
12 thirty (30) days after receiving a deposition transcript, designate the transcript,
13 portions of the transcript or exhibits thereto as confidential.
14 (c) for information produced in some form other than documentary and
15 for any other tangible items, that the Producing Party affix in a prominent place on
16 the exterior of the container or containers in which the information is stored the
17 legend “CONFIDENTIAL.” If only a portion or portions of the information
18 warrants protection, the Producing Party, to the extent practicable, shall identify the
19 protected portion(s).
20 (d) for information produced in response to an interrogatory or other
21 discovery request, the response shall be provided in a separate document, appended
22 to the main body of responses and incorporated by reference therein. The response
23 to the interrogatory or discovery request in the main body of the responses should be
24 “Requests confidential information, see response in confidential addendum, which
25 response is incorporated fully herein by reference.” The Producing Party shall affix
26 the word “CONFIDENTIAL” to each page of the separate document appended to
27 the responses.
28
8
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 9 of 18 Page ID #:670
1 (e) for materials that exist only in digital format, the Producing Party shall
2 reference in the name of the file its confidential status.
3 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
4 failure to designate qualified information or items does not, standing alone, waive
5 the Designating Party’s right to secure protection under this Order for such material.
6 Upon timely correction of a designation, the Receiving Party must make reasonable
7 efforts to assure that the material is treated in accordance with the provisions of this
8 Order.
9
10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
12 designation of confidentiality at any time that is consistent with the Court’s
13 Scheduling Order.
14 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
15 resolution process under Local Rule 37.1 et seq.
16 6.3 The burden of persuasion in any such challenge proceeding shall be on
17 the Designating Party. Frivolous challenges, and those made for an improper
18 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
19 parties) may expose the Challenging Party to sanctions. Unless the Designating
20 Party has waived or withdrawn the confidentiality designation, all parties shall
21 continue to afford the material in question the level of protection to which it is
22 entitled under the Producing Party’s designation until the Court rules on the
23 challenge.
24
25 7. ACCESS TO AND USE OF PROTECTED MATERIAL
26 7.1 Basic Principles. A Receiving Party may use Protected Material that is
27 disclosed or produced by another Party or by a Non-Party in connection with this
28
9
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 10 of 18 Page ID #:671
1 Action only for prosecuting, defending or attempting to settle this Action. Such
2 Protected Material may be disclosed only to the categories of persons and under the
3 conditions described in this Order. When the Action has been terminated, a
4 Receiving Party must comply with the provisions of section 13 below (FINAL
5 DISPOSITION).
6 Protected Material must be stored and maintained by a Receiving Party at a
7 location and in a secure manner that ensures that access is limited to the persons
8 authorized under this Order.
9 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
10 otherwise ordered by the court or permitted in writing by the Designating Party, a
11 Receiving Party may disclose any information or item designated
12 “CONFIDENTIAL” only to:
13 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
14 well as employees of said Outside Counsel of Record to whom it is reasonably
15 necessary to disclose the information for this Action;
16 (b) the officers, directors, and employees (including House Counsel) of
17 the Receiving Party to whom disclosure is reasonably necessary for this Action;
18 (c) Experts (as defined in this Order) of the Receiving Party to whom
19 disclosure is reasonably necessary for this Action and who have signed the
20 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
21 (d) the court and its personnel;
22 (e) court reporters and their staff;
23 (f) professional jury or trial consultants, mock jurors, and Professional
24 Vendors to whom disclosure is reasonably necessary for this Action and who have
25 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
26 (g) the author or recipient of a document containing the information or a
27 custodian or other person who otherwise possessed or knew the information;
28
10
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 11 of 18 Page ID #:672
1 (h) during their depositions, witnesses, and attorneys for witnesses, in the
2 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
3 requests that the witness sign the form attached as Exhibit A hereto; and (2) they
4 will not be permitted to keep any confidential information unless they sign the
5 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
6 agreed by the Designating Party or ordered by the court. Pages of transcribed
7 deposition testimony or exhibits to depositions that reveal Protected Material may
8 be separately bound by the court reporter and may not be disclosed to anyone except
9 as permitted under this Stipulated Protective Order; and
10 (i) any mediator or settlement officer, and their supporting personnel,
11 mutually agreed upon by any of the parties engaged in settlement discussions.
12
13 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
14 IN OTHER LITIGATION
15 If a Party is served with a subpoena, a court order issued in other litigation or
16 request from a government entity or agency that compels disclosure of any
17 information or items designated in this Action as “CONFIDENTIAL,” that Party
18 must:
19 (a) promptly notify in writing the Designating Party. Such notification
20 shall include a copy of the subpoena or court order;
21 (b) promptly notify in writing the party who caused the subpoena or order
22 to issue in the other litigation that some or all of the material covered by the
23 subpoena or order is subject to this Protective Order. Such notification shall include
24 a copy of this Stipulated Protective Order; and
25 (c) cooperate with respect to all reasonable procedures sought to be
26 pursued by the Designating Party whose Protected Material may be affected.
27 If the Designating Party timely seeks a protective order, the Party served with
28
11
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 12 of 18 Page ID #:673
1 the subpoena or court order shall not produce any information designated in this
2 action as “CONFIDENTIAL” before a determination by the court from which the
3 subpoena or order issued, unless the Party has obtained the Designating Party’s
4 permission. The Designating Party shall bear the burden and expense of seeking
5 protection in that court of its confidential material and nothing in these provisions
6 should be construed as authorizing or encouraging a Receiving Party in this Action
7 to disobey a lawful directive from another court.
8
9 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
10 PRODUCED IN THIS LITIGATION
11 (a) The terms of this Order are applicable to information produced by a
12 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
13 produced by Non-Parties in connection with this litigation is protected by the
14 remedies and relief provided by this Order. Nothing in these provisions should be
15 construed as prohibiting a Non-Party from seeking additional protections.
16 (b) In the event that a Party is required, by a valid discovery request, to
17 produce a Non-Party’s confidential information in its possession, and the Party is
18 subject to an agreement with the Non-Party not to produce the Non-Party’s
19 confidential information, then the Party shall:
20 (1) promptly notify in writing the Requesting Party and the Non-Party
21 that some or all of the information requested is subject to a confidentiality
22 agreement with a Non-Party;
23 (2) promptly provide the Non-Party with a copy of the Stipulated
24 Protective Order in this Action, the relevant discovery request(s), and a reasonably
25 specific description of the information requested; and
26 (3) make the information requested available for inspection by the
27 Non-Party, if requested.
28
12
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 13 of 18 Page ID #:674
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 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
12 Protected Material to any person or in any circumstance not authorized under this
13 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
14 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
15 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
16 persons to whom unauthorized disclosures were made of all the terms of this Order,
17 and (d) request such person or persons to execute the “Acknowledgment and
18 Agreement to Be Bound” that is attached hereto as Exhibit A.
19
20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
21 PROTECTED MATERIAL
22 When a Producing Party gives notice to Receiving Parties that certain
23 inadvertently produced material is subject to a claim of privilege or other protection,
24 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
25 Procedure 26(b)(5)(B). The return or destruction of a document or materials over
26 which the Producing Party has asserted a claim of privilege, as set forth in Federal
27 Rule of Civil Procedure 26(b)(5)(B), shall be without prejudice to the Receiving
28
13
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 14 of 18 Page ID #:675
1 Party’s right to seek an order from the Court directing the production of the
2 document on the ground that the claimed privilege is invalid or inapplicable;
3 provided, however, that mere production of the document or information in the
4 course of this action shall not constitute grounds for asserting waiver of the
5 privilege.
6 In accordance with Federal Rule of Evidence 502(d), the production of any
7 documents in this proceeding shall not, for the purposes of this proceeding or any
8 other proceeding in any other forum, constitute a waiver by the Producing Party of
9 any privilege or protection applicable to those documents, including the attorney-
10 client privilege and the work product doctrine.
11
12 12. MISCELLANEOUS
13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
14 person to seek its modification by the Court in the future.
15 12.2 Right to Assert Other Objections. By stipulating to the entry of this
16 Protective Order, no Party waives any right it otherwise would have to object to
17 disclosing or producing any information or item on any ground not addressed in this
18 Stipulated Protective Order. Similarly, no Party waives any right to object on any
19 ground to use in evidence of any of the material covered by this Protective Order.
20 12.3 Filing Protected Material. A Party that seeks to file under seal any
21 Protected Material must comply with Local Civil Rule 79-5. Protected Material
22 may only be filed under seal pursuant to a court order authorizing the sealing of the
23 specific Protected Material at issue. If a Party’s request to file Protected Material
24 under seal is denied by the court, then the Receiving Party may file the information
25 in the public record unless otherwise instructed by the court.
26 ///
27
28
14
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 15 of 18 Page ID #:676
1 13. FINAL DISPOSITION
2 After the final disposition of this Action, as defined in paragraph 4, within 60
3 days of a written request by the Designating Party, each Receiving Party must return
4 all Protected Material to the Producing Party or destroy such material. As used in
5 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
6 summaries, and any other format reproducing or capturing any of the Protected
7 Material. Whether the Protected Material is returned or destroyed, the Receiving
8 Party must submit a written certification to the Producing Party (and, if not the same
9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
10 (by category, where appropriate) all the Protected Material that was returned or
11 destroyed and (2) affirms that the Receiving Party has not retained any copies,
12 abstracts, compilations, summaries or any other format reproducing or capturing any
13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
16 reports, attorney work product, and consultant and expert work product, even if such
17 materials contain Protected Material. Any such archival copies that contain or
18 constitute Protected Material remain subject to this Protective Order as set forth in
19 Section 4 (DURATION).
20
21 14. VIOLATION
22 Any violation of this Order may be punished by appropriate measures including,
23 without limitation, contempt proceedings and/or monetary sanctions.
24 ///
25 ///
26
27
28
15
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 16 of 18 Page ID #:677
1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2
3 DATED: October 27, 2022
4 /s/ Paige L. Smith
Ryan F. Stephan, IL State Bar No. 6273101*
5
rstephan@stephanzouras.com
6 James B. Zouras, IL State Bar No. 6230596*
jzouras@stephanzouras.com
7
Teresa M. Becvar, IL State Bar No. 6312328*
8 tbecvar@stephanzouras.com
Paige L. Smith, IL State Bar No. 6336780*
9
psmith@stephanzouras.com
10 STEPHAN ZOURAS, LLP
100 N. Riverside Plaza, Suite 2150
11
Chicago, IL 60606
12 Tel: (312) 233-1550
13
Asaf Agazanof (SBN 285043)
14 Asaf@lawasaf.com
ASAF LAW APC
15
2330 Westwood Blvd., Second Floor
16 Los Angeles, CA 90064
Tel: (424) 254-8870
17
18 Manfred P. Muecke (SBN 222893)
mmuecke@manfredapc.com
19
MANFRED, APC
20 600 West Broadway, Suite 700
San Diego, CA 92101
21
Tel: (619) 550-4005
22
Robert L. Schug (SBN 249640)
23
schug@nka.com
24 NICHOLS KASTER, PLLP
80 S. 8th Street, Ste. 4700
25
Minneapolis, MN, 55402
26 Tel: (612) 256-3200
27
28
16
STIPULATED PROTECTIVE ORDER
Case 2/21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page □□ of18 Page ID #:678
1 David R. Markham (SBN 71814)
dmarkham@markham-law.com
2 || The Markham Law Firm
3 || 8910 University Center Lane, Suite 400
San Diego, CA 92122
4 || Tel: (619) 399-3995
° Attomeys for Plaintiffs SIOBHAN CARROLL and
6 || ALAN LUKEN and the putative class
g DATED: October 27, 2022
9 /s/ Amanda Villalobos
Amanda Villalobos
10 || TUCKER ELLIS LLP
11 || Amanda. villalobos@tuckerellis.com
515 South Flower Street, Forty Second Floor
12 || Los Angeles, CA 90071
13. || Tel: (213) 430-3395
14 || Kymberly Kochis
15 || EVERSHEDS SUTHERLAND (US) LLP
kymkochis@eversheds-sutherland.com
16 || 1114 Avenue of the Americas, 40" Floor
17_ || New York, NY 10036
Telephone: (212) 389-5000
1g || Facsimile: (212) 389-5099
19 Attorneys for Defendants PROGRESSIVE SELECT INSURANCE COMPANY
and UNITED FINANCIAL CASUALTY COMPANY
20
21
97 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
23 Raytis . QC
04 DATED:_ October 31, 2022
HON. ROZELLA A. OLIVER
25 United States Magistrate Judge
26
27
28 17
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 18 of 18 Page ID #:679
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, _____________________________ [print or type full name], of
4
_________________ [print or type full address], declare under penalty of perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that
6
was issued by the United States District Court for the Central District of California
7
on [date] in the case of Carroll, et al v. Progressive Casualty Insurance Company,
8
et. al. I agree to comply with and to be bound by all the terms of this Stipulated
9
Protective Order and I understand and acknowledge that failure to so comply could
10
expose me to sanctions and punishment in the nature of contempt. I solemnly
11
promise that I will not disclose in any manner any information or item that is subject
12
to this Stipulated Protective Order to any person or entity except in strict compliance
13
with the provisions of this Order.
14
I further agree to submit to the jurisdiction of the United States District Court for the
15
Central District of California for enforcing the terms of this Stipulated Protective
16
Order, even if such enforcement proceedings occur after termination of this action.
17
I hereby appoint __________________________ [print or type full name] of
18
_______________________________________ [print or type full address and
19
telephone number] as my California agent for service of process in connection with
20
this action or any proceedings related to enforcement of this Stipulated Protective
21
Order.
22
Date: ______________________________________
23
City and State where sworn and signed: _________________________________
24
25
Printed name: _______________________________
26
27
Signature: __________________________________
28
EXHIBIT A