The opinion
1 Gretchen M. Nelson, SBN 112566 Charles J. Crueger, Esq. (PHV forthcoming)
gnelson@nflawfirm.com cjc@cruegerdickinson.com
2
Gabriel S. Barenfeld, SBN 224146 Erin K. Dickinson, Esq. (PHV forthcoming)
3 gbarenfeld@nflawfirm.com ekd@cruegerdickinson.com
NELSON & FRAENKEL LLP Ben Kaplan, Esq. (PHV forthcoming)
4 601 S. Figueroa St., Suite 2050 bak@cruegerdickinson.com
5 Los Angeles, CA 90017 CRUEGER DICKINSON LLC
Telephone No.: (844) 622-6469 4532 North Oakland Avenue
6 Facsimile No.: (213) 622-6019 Whitefish Bay, WI 53211
Tel.: (414) 210-3868
7
8 Edward A. Wallace (PHV forthcoming)
eaw@wallacemiller.com
9 Mark R. Miller (PHV forthcoming)
mrm@wallacemiller.com
10
WALLACE MILLER
11 150 N. Wacker Drive, Suite 1100
Chicago, IL 60606
12 Tel.: (312) 626-9760
13
Counsel for Plaintiff & the Proposed
14
Classes
15
16 UNITED STATES DISTRICT COURT
17 CENTRAL DISTRICT OF CALIFORNIA
18
19 JASIBEL CANCHOLA, individually Case No.: 8:23-cv-00734-FWS-ADS
and on behalf of all others similarly
20 STIPULATED PROTECTIVE
situated;
21 ORDER
Plaintiffs,
22 CLASS ACTION
vs.
23
24 ALLSTATE INSURANCE
25 COMPANY, et al.,
Defendants
26
27
N O T E: C H AN G E S M A D E B Y TH E C O U R T
28
Plaintiffs Jasibel Canchola and Carlos Ochoa (“Plaintiffs”) and Defendant Allstate
1
Insurance Company (“Allstate”) (together, “parties”), by and through their undersigned
2
attorneys of record, hereby stipulate and agree to the following.
3
I. PURPOSES AND LIMITATIONS
4
A. Discovery in this action is likely to involve production of confidential,
5
proprietary, or private information for which special protection from public disclosure
6
and from use for any purpose other than prosecuting this litigation may be warranted.
7
Accordingly, the parties hereby stipulate to and petition the Court to enter the following
8
Stipulated Protective Order (the “Order”). The parties acknowledge that this Order does
9
not confer blanket protections on all disclosures or responses to discovery and that the
10
protection it affords from public disclosure and use extends only to the limited
11
information or items that are entitled to confidential treatment under the applicable legal
12
principles. The parties further acknowledge, as set forth in Section XIII(C), below, that
13
this Order does not entitle them to file confidential or highly confidential information
14
under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the
15
standards that will be applied when a party seeks permission from the Court to file
16
material under seal.
17
II. GOOD CAUSE STATEMENT
18
A. This action is likely to involve valuable commercial, financial, proprietary,
19
and/or private information for which special protection from public disclosure and from
20
use for any purpose other than prosecution of this action is warranted. Such confidential
21
and proprietary materials and information consist of, among other things, confidential
22
business or financial information, information regarding confidential business practices,
23
private financial or tax information, or other confidential commercial information
24
(including information implicating privacy rights of third parties), information otherwise
25
generally unavailable to the public, or which may be privileged or otherwise protected
26
from disclosure under state or federal statutes, court rules, case decisions, or common
27
law. Moreover, this action is likely to involve certain information that contains highly
28
sensitive materials about business strategy which could cause irreparable damage to
certain parties and non-parties if reviewed by other parties or non-parties themselves, as
1
opposed to their outside counsel only. Accordingly, to expedite the flow of information,
2
to facilitate the prompt resolution of disputes over confidentiality of discovery materials,
3
to adequately protect information the parties are entitled to keep confidential, to ensure
4
that the parties are permitted reasonable necessary uses of such material in preparation
5
for and in the conduct of trial, to address their handling at the end of the litigation, and
6
serve the ends of justice, a protective order for such information is justified in this matter.
7
It is the intent of the parties that information will not be designated as confidential or
8
highly confidential for tactical reasons and that nothing be so designated without a good
9
faith belief that it has been maintained in a confidential, non-public manner, and there is
10
good cause why it should not be part of the public record of this case.
11
III. DEFINITIONS
12
A. Action: This pending federal law suit.
13
B. Challenging Party: A Party or Non-Party that challenges the designation of
14
information or items under this Order.
15
C. “CONFIDENTIAL” Information or Items: Information (regardless of how it
16
is generated, stored or maintained) or tangible things that qualify for protection under
17
Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
18
Statement.
19
D. Counsel: Outside Counsel of Record and House Counsel (as well as their
20
support staff).
21
E. Designating Party: A Party or Non-Party that designates information or
22
items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
23
F. Disclosure or Discovery Material: All items or information, regardless of
24
the medium or manner in which it is generated, stored, or maintained (including, among
25
other things, testimony, transcripts, and tangible things), that are produced or generated in
26
disclosures or responses to discovery in this matter.
27
28
G. Expert: A person with specialized knowledge or experience in a matter
1
pertinent to the litigation who has been retained by a Party or its counsel to serve as an
2
expert witness or as a consultant in this Action.
3
H. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information
4
or Items: any Confidential Information about a Designating Party’s finances or business
5
strategy that the Designating Party reasonably believes to be competitively sensitive such
6
that the Designating Party could suffer competitive harm if such information were
7
disclosed to persons other than the Designating Party’s employees.
8
I. House Counsel: Attorneys who are employees of a party to this Action.
9
House Counsel does not include Outside Counsel of Record or any other outside counsel.
10
J. Non-Party: Any natural person, partnership, corporation, association, or
11
other legal entity not named as a Party to this action.
12
K. Outside Counsel of Record: Attorneys who are not employees of a party to
13
this Action but are retained to represent or advise a party to this Action and have
14
appeared in this Action on behalf of that party or are affiliated with a law firm which has
15
appeared on behalf of that party, and includes support staff.
16
L. Party: Jasibel Canchola, Carlos Ochoa, Allstate Insurance Company, and
17
any other person or entity who is subsequently added as a named party in this action,
18
including all of their officers, directors, employees, consultants, Experts, and Outside
19
Counsel of Record (and their support staffs).
20
M. Producing Party: A Party or Non-Party that produces Disclosure or
21
Discovery Material in this Action.
22
N. Professional Vendors: Persons or entities that provide litigation support
23
services (e.g., photocopying, videotaping, translating, preparing exhibits or
24
demonstrations, and organizing, storing, or retrieving data in any form or medium) and
25
their employees and subcontractors.
26
O. Protected Material: Any Disclosure or Discovery Material that is designated
27
as “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
28
ONLY.”
P. Receiving Party: A Party that receives Disclosure or Discovery Material
1
from a Producing Party.
2
IV. SCOPE
3
A. The protections conferred by this Stipulation and Order cover not only
4
Protected Material (as defined above), but also (1) any information copied or extracted
5
from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
6
Material; and (3) any testimony, conversations, or presentations by Parties or their
7
Counsel that might reveal Protected Material.
8
B. Any use of Protected Material at trial shall be governed by the orders of the
9
trial judge. This Order does not govern the use of Protected Material at trial.
10
V. DURATION
11
A. Once a case proceeds to trial, all of the information that was designated as
12
confidential or highly confidential or maintained pursuant to this Protective Order
13
becomes public and will be presumptively available to all members of the public if part
14
of the court record, including the press, unless compelling reasons supported by specific
15
factual findings to proceed otherwise are made to the trial judge in advance of the trial.
16
See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006)
17
(distinguishing “good cause” showing for sealing documents produced in discovery from
18
“compelling reasons” standard when merits-related documents are part of court record).
19
Accordingly, the terms of this Protective Order do not extend beyond the commencement
20
of the trial for any material made part of the court record.
21
B. For information not subject to Section V.A, even after final disposition of
22
this litigation, the confidentiality obligations imposed by this Order shall remain in effect
23
until a Designating Party agrees otherwise in writing or a court order otherwise directs.
24
Final disposition shall be deemed to be the later of (1) dismissal of all claims and
25
defenses in this Action, with or without prejudice; and (2) final judgment herein after the
26
completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this
27
Action, including the time limits for filing any motions or applications for extension of
28
time pursuant to applicable law.
VI. DESIGNATING PROTECTED MATERIAL
1
A. Exercise of Restraint and Care in Designating Material for Protection
2
1. Each Party or Non-Party that designates information or items for
3
protection under this Order must take care to limit any such designation to specific
4
material that qualifies under the appropriate standards. The Designating Party must
5
designate for protection only those parts of material, documents, items, or oral or written
6
communications that qualify so that other portions of the material, documents, items, or
7
communications for which protection is not warranted are not swept unjustifiably within
8
the ambit of this Order.
9
2. Mass, indiscriminate, or routinized designations not supported by the
10
Good Cause Statement above are prohibited. Designations that are shown to be clearly
11
unjustified or that have been made for an improper purpose (e.g., to unnecessarily
12
encumber the case development process or to impose unnecessary expenses and burdens
13
on other parties) may expose the Designating Party to sanctions.
14
3. Redacting responsive documents exclusively for relevancy purposes is
15
prohibited. This Order will protect any sensitive information a Designating Party alleges
16
is irrelevant within the relevant and responsive document.
17
4. If it comes to a Designating Party’s attention that information or items
18
that it 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
B. Manner and Timing of Designations
21
1. Except as otherwise provided in this Order (see, e.g., Section B(2)(b)
22
below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that
23
qualifies for protection under this Order must be clearly so designated before or at the
24
time the material is disclosed or produced.
25
2. Designation in conformity with this Order requires the following:
26
a. For information in documentary form (e.g., paper or electronic
27
documents, but excluding transcripts of depositions or other pretrial or trial proceedings),
28
that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (hereinafter
1
“CONFIDENTIAL legend”), to each page that contains protected material. If only a
2
portion or portions of the material on a page qualifies for protection, the Producing Party
3
also must clearly identify the protected portion(s) (e.g., by making appropriate markings
4
in the margins).
5
b. A Party or Non-Party that makes original documents available
6
for inspection need not designate them for protection until after the inspecting Party has
7
indicated which documents it would like copied and produced. During the inspection and
8
before the designation, all of the material made available for inspection shall be deemed
9
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting
10
Party has identified the documents it wants copied and produced, the Producing Party
11
must determine which documents, or portions thereof, qualify for protection under this
12
Order. Then, before producing the specified documents, the Producing Party must affix
13
the “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
14
portion or portions of the material on a page qualifies for protection, the Producing Party
15
also must clearly identify the protected portion(s) (e.g., by making appropriate markings
16
in the margins).
17
c. For testimony given in depositions, that the Designating Party
18
identify the Disclosure or Discovery Material on the record, before the close of the
19
deposition all protected testimony.
20
d. For information produced in form other than document 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” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
24
If only a portion or portions of the information warrants protection, the Producing Party,
25
to the extent practicable, shall identify the protected portion(s).
26
C. Inadvertent Failure to Designate
27
1. If timely corrected, an inadvertent failure to designate qualified
28
information or items does not, standing alone, waive the Designating Party’s right to
secure protection under this Order for such material. Upon timely correction of a
1
designation, the Receiving Party must make reasonable efforts to assure that the material
2
is treated in accordance with the provisions of this Order.
3
VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS
4
A. Timing of Challenges
5
1. Any Party or Non-Party may challenge a designation of
6
confidentiality at any time that is consistent with the Court’s Scheduling Order.
7
B. Meet and Confer
8
1. The Challenging Party shall initiate the dispute resolution process
9
under Local Rule 37.1 et seq.
10
C. The burden of persuasion in any such challenge proceeding shall be on the
11
Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
12
to harass or impose unnecessary expenses and burdens on other parties) may expose the
13
Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn
14
the confidentiality designation, all parties shall continue to afford the material in question
15
the level of protection to which it is entitled under the Producing Party’s designation until
16
the Court rules on the challenge.
17
VIII. ACCESS TO AND USE OF PROTECTED MATERIAL
18
A. Basic Principles
19
1. A Receiving Party may use Protected Material that is disclosed or
20
produced by another Party or by a Non-Party in connection with this Action only for
21
prosecuting, defending, or attempting to settle this Action. Such Protected Material may
22
be disclosed only to the categories of persons and under the conditions described in this
23
Order. When the Action has been terminated, a Receiving Party must comply with the
24
provisions of Section XIV below.
25
2. Protected Material must be stored and maintained by a Receiving
26
Party at a location and in a secure manner that ensures that access is limited to the
27
persons authorized under this Order.
28
B. Disclosure of “CONFIDENTIAL” Information or Items
1. Unless otherwise ordered by the Court or permitted in writing by the
1
Designating Party, a Receiving Party may disclose any information or item designated
2
“CONFIDENTIAL” only to:
3
a. The Receiving Party’s Outside Counsel of Record in this
4
Action, as well as employees of said Outside Counsel of Record to whom it is reasonably
5
necessary to disclose the information for this Action;
6
b. The officers, directors, and employees (including House
7
Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this
8
Action;
9
c. Experts (as defined in this Order) of the Receiving Party to
10
whom disclosure is reasonably necessary for this Action and who have signed the
11
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
12
d. The Court and its personnel;
13
e. Court reporters and their staff;
14
f. Professional jury or trial consultants, mock jurors, and
15
Professional Vendors to whom disclosure is reasonably necessary for this Action and
16
who have signed the “Acknowledgment and Agreement to be Bound” attached as Exhibit
17
A hereto;
18
g. The author or recipient of a document containing the
19
information or a custodian or other person who otherwise possessed or knew the
20
information;
21
h. During their depositions, witnesses, and attorneys for witnesses,
22
in the Action to whom disclosure is reasonably necessary provided: (i) the deposing party
23
requests that the witness sign the “Acknowledgment and Agreement to Be Bound;” and
24
(ii) they will not be permitted to keep any confidential information unless they sign the
25
“Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by the
26
Designating Party or ordered by the Court. Pages of transcribed deposition testimony or
27
exhibits to depositions that reveal Protected Material may be separately bound by the
28
court reporter and may not be disclosed to anyone except as permitted under this Order;
1
and
2
i. Any mediator or settlement officer, and their supporting
3
personnel, mutually agreed upon by any of the parties engaged in settlement discussions.
4
C. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
5
ONLY” Information or Items.
6
1. Unless otherwise ordered by the court or permitted in writing by the
7
Designating Party, a Receiving Party may disclose any information or item designated
8
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
9
a. the Receiving Party’s Outside Counsel of Record in this action,
10
as well as Professional Vendors of said Outside Counsel of Record to whom it is
11
reasonably necessary to disclose the information for this litigation and who have signed
12
the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A;
13
b. Experts of the Receiving Party (1) to whom disclosure is
14
reasonably necessary for this litigation, and (2) who have signed the “Acknowledgment
15
and Agreement to Be Bound” (Exhibit A);
16
c. the court and its personnel and court reporters and their staff;
17
d. professional jury or trial consultants, and Professional Vendors
18
to whom disclosure is reasonably necessary for this litigation and who have signed the
19
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
20
f. the author or recipient of a document containing the
21
information or a custodian or other person who otherwise possessed or knew the
22
information;
23
g. During their depositions, witnesses, and attorneys for witnesses,
24
in the Action to whom disclosure is reasonably necessary provided: (i) the witness and
25
court reporter, prior to being shown the document, sign the “Acknowledgment and
26
Agreement to Be Bound;” and (ii) the witness is not permitted to keep any confidential
27
information, unless otherwise agreed by the Designating Party or ordered by the Court. If
28
the deposed witness is an Allstate employee who is requested, but declines, to sign the
“Acknowledgement and Agreement to be Bound,” then the deposing party may use the
1
document designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
2
during the deposition notwithstanding limitation (i) above. Pages of transcribed
3
deposition testimony or exhibits to depositions that reveal Protected Material may be
4
separately bound by the court reporter and may not be disclosed to anyone except as
5
permitted under this Order; and
6
h. Any mediator or settlement officer, and their supporting
7
personnel, mutually agreed upon by any of the parties engaged in settlement discussions
8
and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
9
IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
10
OTHER LITIGATION
11
A. If a Party is served with a subpoena or a court order issued in other litigation
12
that compels disclosure of any information or items designated in this Action as
13
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,”
14
that Party must:
15
1. Promptly notify in writing the Designating Party. Such notification
16
shall include a copy of the subpoena or court order;
17
2. Promptly notify in writing the party who caused the subpoena or order
18
to issue in the other litigation that some or all of the material covered by the subpoena or
19
order is subject to this Protective Order. Such notification shall include a copy of this
20
Order; and
21
3. Cooperate with respect to all reasonable procedures sought to be
22
pursued by the Designating Party whose Protected Material may be affected.
23
B. If the Designating Party timely seeks a protective order, the Party served
24
with the subpoena or court order shall not produce any information designated in this
25
action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
26
ONLY” before a determination by the Court from which the subpoena or order issued,
27
unless the Party has obtained the Designating Party’s permission. The Designating Party
28
shall bear the burden and expense of seeking protection in that court of its confidential
material. Nothing in these provisions should be construed as authorizing or encouraging
1
a Receiving Party in this Action to disobey a lawful directive from another court.
2
X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
3
PRODUCED IN THIS LITIGATION
4
A. The terms of this Order are applicable to information produced by a Non-
5
Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
6
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by
7
Non-Parties in connection with this litigation is protected by the remedies and relief
8
provided by this Order. Nothing in these provisions should be construed as prohibiting a
9
Non-Party from seeking additional protections.
10
B. In the event that a Party is required, by a valid discovery request, to produce
11
a Non-Party’s confidential information in its possession, and the Party is subject to an
12
agreement with the Non-Party not to produce the Non-Party’s confidential information,
13
then the Party shall:
14
1. Promptly notify in writing the Requesting Party and the Non-Party
15
that some or all of the information requested is subject to a confidentiality agreement
16
with a Non-Party;
17
2. Promptly provide the Non-Party with a copy of the Stipulated
18
Protective Order in this Action, the relevant discovery request(s), and a reasonably
19
specific description of the information requested; and
20
3. Make the information requested available for inspection by the Non-
21
Party, if requested.
22
C. If the Non-Party fails to seek a protective order from this court within 14
23
days of receiving the notice and accompanying information, the Receiving Party may
24
produce the Non-Party’s confidential information responsive to the discovery request. If
25
the Non-Party timely seeks a protective order, the Receiving Party shall not produce any
26
information in its possession or control that is subject to the confidentiality agreement
27
with the Non-Party before a determination by the court. Absent a court order to the
28
contrary, the Non-Party shall bear the burden and expense of seeking protection in this
1
court of its Protected Material.
2
XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
3
A. If a Receiving Party learns that, by inadvertence or otherwise, it has
4
disclosed Protected Material to any person or in any circumstance not authorized under
5
this Order, the Receiving Party must immediately (1) notify in writing the Designating
6
Party of the unauthorized disclosures, (2) use its best efforts to retrieve all unauthorized
7
copies of the Protected Material, (3) inform the person or persons to whom unauthorized
8
disclosures were made of all the terms of this Order, and (4) request such person or
9
persons to execute the “Acknowledgment and Agreement to be Bound” that is attached
10
hereto as Exhibit A.
11
XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
12
PROTECTED MATERIAL
13
A. When a Producing Party gives notice to Receiving Parties that certain
14
inadvertently produced material is subject to a claim of privilege or other protection, the
15
obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure
16
26(b)(5)(B). This provision is not intended to modify whatever procedure may be
17
established in an e-discovery order that provides for production without prior privilege
18
review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach
19
an agreement on the effect of disclosure of a communication or information covered by
20
the attorney-client privilege or work product protection, the parties may incorporate their
21
agreement in the Stipulated Protective Order submitted to the Court.
22
XIII. MISCELLANEOUS
23
A. Right to Further Relief
24
1. Nothing in this Order abridges the right of any person to seek its
25
modification by the Court in the future.
26
B. Right to Assert Other Objections
27
1. By stipulating to the entry of this Order, no Party waives any right it
28
otherwise would have to object to disclosing or producing any information or item on any
ground not addressed in this Order. Similarly, no Party waives any right to object on any
1
ground to use in evidence of any of the material covered by this Order.
2
C. Filing Protected Material
3
1. A Party that seeks to file under seal any Protected Material must
4
comply with Civil Local Rule 79-5. Protected Material may only be filed under seal
5
pursuant to a court order authorizing the sealing of the specific Protected Material at
6
issue. If a Party's request to file Protected Material under seal is denied by the Court,
7
then the Receiving Party may file the information in the public record unless otherwise
8
instructed by the Court.
9
XIV. FINAL DISPOSITION
10
A. After the final disposition of this Action, as defined in Section V, within
11
sixty (60) days of a written request by the Designating Party, each Receiving Party must
12
return all Protected Material to the Producing Party or destroy such material. As used in
13
this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
14
summaries, and any other format reproducing or capturing any of the Protected Material.
15
Whether the Protected Material is returned or destroyed, the Receiving Party must submit
16
a written certification to the Producing Party (and, if not the same person or entity, to the
17
Designating Party) by the 60 day deadline that (1) identifies (by category, where
18
appropriate) all the Protected Material that was returned or destroyed and (2) affirms that
19
the Receiving Party has not retained any copies, abstracts, compilations, summaries or
20
any other format reproducing or capturing any of the Protected Material.
21
Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
22
pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
23
correspondence, deposition and trial exhibits, expert reports, attorney work product, and
24
consultant and expert work product, even if such materials contain Protected Material.
25
Any such archival copies that contain or constitute Protected Material remain subject to
26
this Protective Order as set forth in Section V.
27
B. Any violation of this Order may be punished by any and all appropriate
28
measures including, without limitation, contempt proceedings and/or monetary sanctions.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
1
2
DATED: July 19, 2023 NELSON & FRAENKEL LLP
3
4
5 By: /s/ Gabriel S. Barenfeld
6 Gretchen Nelson
Gabriel S. Barenfeld
7
8 Attorneys for Plaintiff and the Proposed Class
9
DATED: July 19, 2023 CRUEGER DICKINSON LLC
10
11
12
By: /s/ Charles J. Crueger
13 Charles J. Crueger
14 Erin K. Dickinson
15 Attorneys for Plaintiff and the Proposed Class
16
17
DATED: July 19, 2023 WALLACE MILLER
18
19
20
By: /s/ Edward A. Wallace
21 Edward A. Wallace
22 Mark R. Miller
23
Attorneys for Plaintiff and the Proposed
24 Class
25
26
27
28
1 DATED: July 19, 2023 LITTLER MENDELSON P.C.
2
3
4 By: /s/ Robert S. Blumberg
Keith A. Jacoby
5
Robert S. Blumberg
6 Jaime B. Laurent
Emily J. Atherton
7
8 Attorneys for Defendant Allstate Insurance
9 Company
10
11
12 DATED: July 19, 2023 AKIN GUMP STRAUSS HAUER & FELD LLP
13
14
15 By: /s/ Neal Marder
16 Robert G. Lian Jr.
Neal Marder
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Josh Rubin
18 Donna Mezias
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Attorneys for Defendant Allstate Insurance
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*Pursuant to L.R. 5-4.3.4(a)(2)(i), the undersigned attorney hereby attests that all
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other signatories listed, and on whose behalf the filing is submitted, concur in the filing’s
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content and have authorized the filing.
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DATED: July 19, 2023 NELSON & FRAENKEL LLP
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By: /s/ Gabriel S. Barenfeld
8 Gabriel S. Barenfeld
9 Attorneys Plaintiff & the Proposed Classes
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ORDER
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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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DATED: July 19, 2023
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/s/ Autumn D. Spaeth
17 Honorable Autumn D. Spaeth
18 United States Magistrate Judge
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EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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I, [print or type full name], of
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[print or type full address], declare under penalty of perjury that I have read in its entirety
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and understand the Stipulated Protective Order that was issue by the United States
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District Court for the Central District of California on [DATE] in the case of Canchola v.
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Allstate Insurance Company, Case No. 8:23-cv-00734-FWS-ADS . I agree to comply
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with and to be bound by all the terms of this Stipulated Protective Order and I understand
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and acknowledge that failure to so comply could expose me to sanctions and punishment
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in the nature of contempt. I solemnly promise that I will not disclose in any manner any
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information or item that is subject to this Stipulated Protective Order to any person or
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entity except in strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court for
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the Central District of California for the purpose of enforcing the terms of this Stipulated
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Protective Order, even if such enforcement proceedings occur after termination of this
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action. I hereby appoint [print or type full name] of
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[print or type full address and telephone number] as my California
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agent for service of process in connection with this action or any proceedings related to
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enforcement of this Stipulated Protective Order.
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Date: ______________________________________
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City and State where sworn and signed: ________________________________
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Printed name: _______________________________
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Signature: __________________________________
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