Michael K. Hamra v. Transamerica Life Insurance Company ( 2019 )

1 2 3 4 5 6 7 8 9 10 11 12 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 | MICHAEL K. HAMRA, as trustee on Case No. 2:18-cv-06262-CAS-GJSx 16 ||behalf of the SAM F. HAMRA, JR. AND 7 □□□ HAMRA IRREVOCABLE [PROPOSED] ORDER GRANTING 13 ° ORDER PROTECTIVE 19 Plaintiff, 50 Vv. Tiddee Gail Standish] to Magistrate SENSU Defendants Complaint Filed: July 19, 2018 24 25 26 27 28 1 || 1. PURPOSES AND LIMITATIONS/GOOD CAUSE STATEMENT 2 Discovery in this action is likely to involve production of confidential and 3 || proprietary actuarial, business, technical, private, and financial information by 4 || Plaintiff Michael K. Hamra, as trustee on behalf of the Sam F. Hamra, Jr. and June 5 || S. Hamra Irrevocable Trust (“Plaintiff”) and Defendant Transamerica Life 6 || Insurance Company (“TLIC”) for which special protection from public disclosure 7 || and from use for any purpose other than prosecution of this litigation may be 8 || warranted. Accordingly, Plaintiff and TLIC hereby stipulate to and petition the 9 || Court to enter the following Stipulated Protective Order (“Order’’). The parties 10 || acknowledge that this Order does not confer blanket protections on all disclosures 11 || or responses to discovery and that the protection it affords from public disclosure 12 || and use extends only to the limited information or items that are entitled to 13 || confidential treatment under the applicable legal principles. The parties further 14 || acknowledge, as set forth in Section 12.3 (Filing Protected Material), below, that 15 || this Protective Order does not entitle them to file confidential information under 16 || seal; Local Civil Rule 79-5 and the Court’s Guide to Electronically Filing Under 17 || Seal Documents in Civil Cases set forth the procedures that must be followed and 18 || the standards that will be applied when a party seeks permission from the Court to 19 || file material under seal. 20 There is a strong presumption that the public has a right of access to judicial 21 || proceedings and records in civil cases. In connection with non-dispositive motions, 22 || good cause must be shown to support a filing under seal. See Kamakana v. City 23 || and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. 24 || Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 25 || Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999), and a specific showing of 26 || good cause or compelling reasons with proper evidentiary support and legal 27 || justification, must be made with respect to Protected Material that a party seeks to 28 || file under seal. The parties’ mere designation of Disclosure or Discovery Material 1 || as CONFIDENTIAL or HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY 2 || does not—without the submission of competent evidence by declaration 3 || establishing that the material sought to be filed under seal qualifies as confidential, 4 | privileged, or otherwise protectable—constitute good cause. 5 Further, if a party requests sealing related to a dispositive motion or trial, 6 || then compelling reasons, not only good cause, for the sealing must be shown, and 7 || the relief sought shall be narrowly tailored to serve the specific interest to be 8 || protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 9 || 2010). For each item or type of information, document, or thing sought to be filed 10 || or introduced under seal in connection with a dispositive motion or trial, the party 11 || seeking protection must articulate compelling reasons, supported by specific facts 12 || and legal justification, for the requested sealing order. Again, competent evidence 13 || supporting the application to file documents under seal must be provided by 14 || declaration. 15 Any document that is not confidential, privileged, or otherwise protectable in 16 || its entirety will not be filed under seal if the confidential portions can be redacted. 17 || If documents can be redacted, then a redacted version for public viewing, omitting 18 || only the confidential, privileged, or otherwise protectable portions of the document, 19 || shall be filed. Any application that seeks to file documents under seal in their 20 || entirety should include an explanation of why redaction is not feasible. 21 | 2. DEFINITIONS 22 2.1 Acknowledgment: the “Acknowledgment and Agreement to be 23 || Bound” form attached as Exhibit A to this Order. 24 2.2 Action: Michael K. Hamra, as trustee on behalf of the Sam F. Hamra, 25 || Jr. and June S. Hamra Irrevocable Trust v. Transamerica Life Insurance Company, 26 || a corporation, and Does 1-30, Case No. 2:18-06262-CAS-GJSx. 27 2.3. Challenging Party: A Party or Non-Party that challenges the 28 || designation of information or items under this Order. 1 2.4 “CONFIDENTIAL” Information or Items: Proprietary or 2 || commercially sensitive business and financial information, trade secrets, and 3 || personally identifying information (2) which is not generally known or publicly 4 | available and (3) which the Designating Party would not normally reveal to third 5 || parties. It is the intent of the parties that information will not be designated as 6 || confidential for tactical reasons and that nothing be so designated without a good 7 || faith belief that it meets the definition set forth in this paragraph, and there is good 8 || cause why it should not be part of the public record of this Action. 9 2.5 Counsel: Outside Counsel of Record and House Counsel (including 10 || support staff). 11 2.6 Designating Party: A Party or Non-Party that designates information or 12 || items that it produces or that are produced in disclosures or in response to discovery 13 || as “CONFIDENTIAL” Or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES 14 | ONLY.” 15 2.7. Disclosure or Discovery Material: All items or information, regardless 16 || of the medium or manner in which it is generated, stored, or maintained (including, 17 || among other things, testimony, transcripts, and tangible things), that are produced 18 || or generated in disclosures or responses to discovery in this matter. 19 2.8 Expert: A person with specialized knowledge or experience in a matter 20 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 21 || an expert witness or as a consultant in this Action and who 1s not a past or current 22 || employee of a Party or a current employee of a Party’s competitor and who, at the 23 || time of retention, is not anticipated to become an employee of a Party or a 24 || competitor of a Party. This definition includes a professional jury or trial 25 || consultant retained in connection with this litigation. 26 2.9 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” 27 || Information or Items: Extremely sensitive “Confidential Information or Items,” 28 1 || disclosure of which to another Party or Non-Party would create a substantial risk of 2 || serious harm that could not be avoided by less restrictive means. 3 2.10 House Counsel: Attorneys who are employees for a Party. House 4 | Counsel does not include Outside Counsel of Record or any other outside counsel. 5 2.11 Non-Party: Any natural person, partnership, corporation, association, 6 || or other legal entity not named as a Party to this action. 7 2.12 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 (including support staff). 11 2.13 Party: Any party to this Action, including its House Counsel, officers, 12 || directors, employees, consultants, and retained experts. 13 2.14 Producing Party: A Party or Non-Party that produces Disclosure or 14 || Discovery Material in this Action. 15 2.15 Professional Vendors: Persons or entities that provide litigation 16 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or 17 || demonstrations, and organizing, storing or retrieving data in any form or medium) 18 || and their employees and subcontractors. 19 2.16 Protected Material: Any Disclosure or Discovery Material that is 20 || designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’ 21 || EYES ONLY.” 22 2.17 Receiving Party: A Party that receives Disclosure or Discovery 23 || Material from a Producing Party. 24/3. SCOPE 25 The protections conferred by this Order cover not only Protected Material (as 26 || defined above), but also any information copied or excerpted from Protected 27 || Material. Any use of Protected Material at trial shall be governed by the orders of 28 || the trial judge. This Order does not govern the use of Protected Material at trial. 1 || 4. DURATION 2 Once a case proceeds to trial, information that was designated as 3 || CONFIDENTIAL, HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY, or 4 || maintained pursuant to this protective order, that 1s used or introduced as an exhibit 5 || at trial becomes public and will be presumptively available to all members of the 6 || public, including the press, unless compelling reasons supported by specific factual 7 || findings to proceed otherwise are made to the trial judge in advance of the trial. See 8 || Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 9 || documents produced in discovery from “compelling reasons” standard when merits- 10 || related documents are part of court record). Accordingly, the terms of this 11 || protective order do not extend beyond the commencement of the trial. 12 5. DESIGNATING PROTECTED MATERIAL 13 5.1 Exercise of Restraint and Care in Designating Material for Protection. 14 || Each Party or Non-Party that designates information or items for protection under 15 || this Order must take care to limit any such designation to specific material that 16 || qualifies under the appropriate standards. The Designating Party must designate for 17 || protection only those parts of material, documents, items or oral or written 18 || communications that qualify so that other portions of the material, documents, 19 || items or communications for which protection is not warranted are not swept 20 || unjustifiably within the ambit of this Order. To the extent it is practical to do so, 21 || the Designating Party must do the same for information produced in some form 22 || other than documentary and for any other tangible items. 23 Mass, indiscriminate or routinized designations are prohibited. Designations 24 || that are shown to be clearly unjustified or that have been made for an improper 25 || purpose (e.g., to unnecessarily encumber the case development process or to 26 || impose unnecessary expenses and burdens on other parties) may expose the 27 || Designating Party to sanctions. 28 l 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 | and reproduce that information without a “CONFIDENTIAL” or “HIGHLY 5 | CONFIDENTIAL-ATTORNEYS’ EYES ONLY” designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in 7 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 8 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 9 || under this Order must be clearly so designated before the material is disclosed or 10 || produced. Designation in conformity with this Order requires: 11 (a) for information in documentary form (e.g., paper or electronic 12 || documents, but excluding transcripts of depositions or other pretrial or trial 13 || proceedings), that the Producing Party affix at a minimum, the legend 14 | “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES 15 || ONLY,” to each page that contains protected material. If only a portion of the 16 || material on a page qualifies for protection, the Producing Party also must clearly 17 || identify the protected portion(s) (e.g., by making appropriate markings in the 18 || margins). 19 A Party or Non-Party that makes original documents available for 20 || inspection need not designate them for protection until after the inspecting Party 21 || has indicated which documents it would like copied and produced. During the 22 || inspection and before the designation, all of the material made available for 23 || inspection shall be deemed “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES 24 || ONLY.” After the inspecting Party has identified the documents it wants copied 25 || and produced, the Producing Party must determine which documents, or portions 26 || thereof, qualify for protection under this Order. Then, before producing the 27 || specified documents, the Producing Party must affix the legend 28 || “CONFIDENTIAL’ or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES 1 || ONLY” to each page that contains Protected Material. If only a portion of the 2 || material on a page qualifies for protection, the Producing Party also must clearly 3 || identify the protected portion(s) (e.g., by making appropriate markings in the 4 || margins). 5 (b) any Party may designate as Protected Material testimony given in a 6 || deposition or in other pretrial or trial proceedings by informing the reporter during 7 || the deposition or by sending a letter to all Outside Counsel of Record and to the 8 || deposition reporter designating by page and line any portions of the transcript to be 9 || so restricted, or the entire transcript if applicable, within thirty (30) days after 10 || receiving the deposition transcript and specifying the level of protection being 11 || asserted. 12 During this 30-day period, a transcript will be treated as if it had been 13 || designated “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY” in its 14 || entirety unless otherwise agreed. After the expiration of that period, the transcript 15 || shall be treated only as actually designated. 16 When deposition testimony is designated Protected Material by informing the 17 || reporter during the deposition, the transcript containing Protected Material shall 18 || have an obvious legend on the title page that the transcript contains Protected 19 || Material, and the title page shall be followed by a list of all pages (including line 20 || numbers) that have been designated as Protected Material and the level of 21 || protection being asserted by the Designating Party. The Designating Party shall 22 || inform the court reporter of these requirements. 23 Parties shall give the other parties notice if they reasonably expect a 24 || deposition, hearing, or other proceeding to include Protected Material so that the 25 || other parties can ensure that only authorized individuals who signed the 26 || Acknowledgment are present at those proceedings. The use of a document as an 27 || exhibit at a deposition shall not in any way affect its designation as 28 1 |) “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES 2 || ONLY.” 3 (c) for information produced in some form other than documentary and 4 | for any other tangible items, that the Producing Party affix in a prominent place on 5 || the exterior of the container or containers in which the information is stored the 6 || legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’ 7 || EYES ONLY.” If only a portion or portions of the information warrants protection, || the Producing Party, to the extent practicable, shall identify the protected portion(s). 9 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent 10 || failure to designate qualified information or items does not, standing alone, waive 11 || the Designating Party’s right to secure protection under this Order for such 12 || material. Upon timely correction of a designation, the Receiving Party must make 13 || reasonable efforts to assure that the material is treated in accordance with the 14 || provisions of this Order after the Designating Party reproduces the Protected 15 || Material with appropriate “CONFIDENTIAL” designations. 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. Unless a prompt challenge to a 19 || Designating Party’s confidentiality designation is necessary to avoid foreseeable, 20 || substantial unfairness, unnecessary economic burdens, or a significant disruption or 21 || delay of the litigation, a Party does not waive its right to challenge a confidentiality 22 || designation by electing not to mount a challenge promptly after the original 23 || designation is disclosed. 24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 25 || resolution process under Local Rule 37-1. In conferring, the Challenging Party 26 || must explain the basis for its belief that the confidentiality designation was not 27 || proper and must give the Designating Party an opportunity to review the designated 28 1 || material, to reconsider the circumstances, and, if no change in designation is 2 || offered, to explain the basis for the chosen designation. 3 6.3. The burden of persuasion in any such challenge proceeding shall be on 4 | the Designating Party. Frivolous designations or challenges, and those designations 5 || or challenges made for an improper purpose (e.g., to harass or impose unnecessary 6 || expenses and burdens on other parties) may expose the respective Designating 7 || Party or Challenging Party to sanctions. Unless the Designating Party has waived 8 || or withdrawn the confidentiality designation, all parties shall continue to afford the 9 || material in question the level of protection to which it is entitled under the 10 || Designating Party’s designation until the Court rules on the challenge. 11 |) 7. ACCESS TO AND USE OF PROTECTED MATERIAL 12 7.1. Basic Principles. A Receiving Party may use Protected Material that is 13 || disclosed or produced by another Party or by a Non-Party in connection with this 14 || Action only for prosecuting, defending or attempting to settle this Action. Such 15 || Protected Material may be disclosed only to the categories of persons and under the 16 || conditions described in this Order. When the Action has been terminated, a 17 || Receiving Party must comply with the provisions of section 13 below (FINAL 18 || DISPOSITION). Protected Material must be stored and maintained by a Receiving 19 || Party at a location and in a secure manner that ensures that access is limited to the 20 || persons authorized under this Order. 21 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 22 || otherwise ordered by the Court or permitted in writing by the Designating Party, a 23 || Receiving Party may disclose any information or item designated 24 || “CONFIDENTIAL” only to: 25 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 26 || well as employees of said Outside Counsel of Record to whom it is reasonably 27 || necessary to disclose the information for this Action; 28 l (b) the Receiving Party, including officers, directors, and employees 2 || (including House Counsel) of the Receiving Party to whom disclosure is reasonably 3 || necessary for this Action;(c) the Designating Party, including officers, directors, 4 | and employees (including House Counsel) of the Designating Party to whom 5 || disclosure is reasonably necessary for this Action; 6 (d) Experts (as defined in this Order) of the Receiving Party to whom 7 || disclosure is reasonably necessary for this Action and who signed the 8 || Acknowledgment; 9 (e) the Court and its personnel; 10 (f) court reporters and their staff; 11 (g) professional jury or trial consultants, mock jurors, and Professional 12 || Vendors to whom disclosure is reasonably necessary for this Action; 13 (h) the author or recipient of a document containing the information or 14 || a custodian or other person who otherwise possessed or knew the information; 15 (1) during their depositions, witnesses, and attorneys for witnesses, in 16 || the Action to whom disclosure is reasonably necessary provided: (1) the deposing 17 || party requests that the witness sign the Acknowledgment; and (2) they will not be 18 || permitted to keep any confidential information unless they sign the 19 || Acknowledgment, unless otherwise agreed by the Designating Party or ordered by 20 || the Court; and 21 (j) any mediator or settlement officer, and their supporting personnel, 22 || mutually agreed upon by any of the parties engaged in settlement discussions and 23 || who have signed the Acknowledgment. 24 7.3. Disclosure of “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES 25 || ONLY Information or Items. Unless otherwise ordered by the Court or permitted 26 || in writing by the Designating Party, a Receiving Party may disclose any 27 || information or item designated “HIGHLY CONFIDENTIAL-ATTORNEYS’ 28 || EYES ONLY” only to: 10 l (a) the Receiving Party’s Outside Counsel of Record in this Action, as 2 || well as employees of said Outside Counsel of Record to whom it is reasonably 3 || necessary to disclose the information for this Action; 4 (b) Experts (as defined in this Order) of the Receiving Party to whom 5 || disclosure is reasonably necessary for this Action and who have signed the 6 || Acknowledgment; 7 (c) the Designating Party, including officers, directors, and employees 8 || G@ncluding House Counsel) of the Designating Party to whom disclosure is 9 || reasonably necessary for this Action; 10 (d) the Court and its personnel; 11 (e) court reporters and their staff; 12 (f) professional jury or trial consultants, mock jurors, and Professional 13 || Vendors to whom disclosure is reasonably necessary for this Action; 14 (g) the author or recipient of a document containing the information or 15 || a custodian or other person who otherwise possessed or knew the information; 16 (h) during their depositions, witnesses, and attorneys for witnesses, in 17 || the Action to whom disclosure is reasonably necessary provided the witness signs 18 || the Acknowledgment; and 19 (i) any mediator or settlement officer, and their supporting personnel, 20 || mutually agreed upon by any of the parties engaged in settlement discussions and 21 || who have signed the Acknowledgment. 22 | 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 23 PRODUCED IN OTHER LITIGATION 24 If a Party is served with a subpoena or a court order issued in other litigation 25 || that compels disclosure of any information or items designated in this Action as 26 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES 27 || ONLY” that Party must: 28 11 1 (a) promptly notify in writing the Designating Party. Such notification shall 2 || include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order to 4 || issue in the other litigation that some or all of the material covered by the subpoena 5 || or order is subject to this Protective Order. Such notification shall include a copy of 6 || this Order; and 7 (c) cooperate with respect to all reasonable procedures sought to be pursued 8 || by the Designating Party whose Protected Material may be affected. 9 If the Designating Party timely seeks a protective order, the Party served with 10 || the subpoena or court order shall not produce any information designated in this 11 } action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’ 12 || EYES ONLY” before a determination by the court from which the subpoena or 13 || order issued, unless the Party has obtained the Designating Party’s permission. The 14 || Designating Party shall bear the burden and expense of seeking protection in that 15 || court of its confidential material and nothing in these provisions should be 16 || construed as authorizing or encouraging a Receiving Party in this Action to disobey 17 || a lawful directive from another court. 18 || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 19 PRODUCED IN THIS LITIGATION 20 (a) The terms of this Order are applicable to information produced by a Non- 21 || Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 22 || CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” Such information produced by 23 || Non-Parties in connection with this litigation is protected by the remedies and relief 24 || provided by this Order. Nothing in these provisions should be construed as 25 || prohibiting a Non-Party from seeking additional protections. 26 (b) In the event that a Party is required, by a valid discovery request, to 27 || produce a Non-Party’s confidential information in its possession, and the Party is 28 12 1 || subject to an agreement with the Non-Party not to produce the Non-Party’s 2 || confidential information, then the Party shall: 3 (1) promptly notify in writing the Requesting Party and the Non-Party 4 | that some or all of the information requested is subject to a confidentiality 5 || agreement with a Non-Party; 6 (2) promptly provide the Non-Party with a copy of the Order in this 7 || Action, the relevant discovery request(s), and a reasonably specific description of || the information requested; and 9 (3) make the information requested available for inspection by the 10 || Non-Party, if requested. 11 (c) If the Non-Party fails to seek a protective order from this court within 12 || twenty-one (21) days of receiving the notice and accompanying information, the 13 || Receiving Party may produce the Non-Party’s confidential information responsive 14 || to the discovery request. If the Non-Party timely seeks a protective order, the 15 || Receiving Party shall not produce any information in its possession or control that 16 || is subject to the confidentiality agreement with the Non-Party before a 17 || determination by the court. Absent a court order to the contrary, the Non-Party 18 || shall bear the burden and expense of seeking protection in this court of its Protected 19 || Material. 20 | 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 22 || Protected Material to any person or in any circumstance not authorized under this 23 || Order, the Receiving Party must immediately (a) notify in writing the Designating 24 || Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 25 || unauthorized copies of the Protected Material, (c) inform the person or persons to 26 || whom unauthorized disclosures were made of all the terms of this Order, and (d) 27 || request such person or persons to execute the Acknowledgment. 28 13 1 | 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 | inadvertently produced material is subject to a claim of privilege or other protection 5 || (e.g., work product immunity), the obligations of the Receiving Parties are those set 6 || forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended 7 || to modify whatever procedure may be established in an e-discovery order that 8 || provides for production without prior privilege review. Pursuant to Federal Rule of 9 || Evidence 502(d) and (e), the parties agree that the inadvertent or unintentional 10 || disclosure by the Producing Party of material that is privileged or subject to other 11 || protection shall not be deemed a waiver in whole or in part of the claim of privilege 12 || or other protection, either as to the specific information disclosed or as to any other 13 || information relating thereto on the same or related subject matter. 14 Upon learning of an inadvertent or unintentional disclosure of privileged 15 || information (“I.D. Protected Material’), the Producing Party shall provide written 16 || notice to the parties who have received the I.D. Protected Material, identifying the 17 || I.D. Protected Material by Bates number and the privilege protection relied upon. 18 || Within twenty business days of the date of that written notice, the Receiving Party 19 || shall sequester, destroy or return the I.D. Protected Material so identified and all 20 || copies thereof, and in the same time frame, shall sequester or destroy any notes or 21 || other writings or recordings that copy, summarize, reflect, or discuss the content of 22 || the documents or materials (collectively the “I.D.P.M. Notes”). Upon request of 23 || the Producing Party, the Receiving Party shall provide written notice of any 24 || sequestration or destruction of the I.D. Protected Material and I.D.P.M. Notes. 25 || Other than in connection with proceedings contemplated by the last paragraph of 26 || Section 11 of this Order, no use shall be made of I.D. Protected Material or 27 || I.D.P.M. Notes during deposition or at trial and the Receiving Party, its employees, 28 || Outside Counsel of Record and Experts shall not provide I.D. Protected Material to 14 1 || anyone who did not already have access to them prior to the request by the 2 || Producing Party that they be returned. 3 If the Receiving Party intends to challenge the assertion of privilege, it must 4 | provide written notice within this ten-day period, explaining the grounds for its 5 || challenge. The Receiving Party shall initiate the dispute resolution process under 6 || Local Rule 37.1 within ten (10) business days of the date of service of the 7 || Receiving Party’s notice disputing a claim of inadvertent production. 8 If the Parties cannot resolve a challenge without court intervention, the 9 || Receiving Party may file an appropriate challenge with the Court. Pending the 10 || Court’s ruling, the party challenging the assertion of privilege shall continue to 11 |} sequester or segregate the I.D. Protected Material and I.D.P.M. Notes and shall not 12 || make any use of such information. During this period, reasonable requests for 13 || extensions of time by the Challenging party to engage in discovery (for example, to 14 || take or defend depositions that may implicate the sequestered documents) shall not 15 || be dented. 16] 12. MISCELLANEOUS 17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 18 || person to seck its modification by the Court in the future. 19 12.2 Right to Assert Other Objections. By stipulating to the entry of this 20 || Order, no Party waives any right it otherwise would have to object to disclosing or 21 || producing any information or item on any ground not addressed in this Order. 22 || Similarly, no Party waives any right to object on any ground to use in evidence of 23 || any of the material covered by this Protective Order. 24 12.3 Filing Protected Material. A Party that seeks to file under seal any 25 || Protected Material must comply with Local Civil Rule 79-5. Protected Material 26 || may only be filed under seal pursuant to a court order authorizing the sealing of the 27 || specific Protected Material at issue. If a Party seeks to file a motion to maintain 28 || under seal Protected Material produced by another Party, the Producing Party must 15 1 || produce to that Party, within (7) days of a request to do so, two (2) copies of all 2 || Protected Material the filing Party seeks to file under seal, one copy with all 3 || CONFIDENTIAL information redacted and one copy with all CONFIDENTIAL 4 | information highlighted. Upon filing the motion, the burden shall be on the 5 || Producing Party to defend its designations and establish good cause why the 6 || Protected Material should be filed under seal. If a Party’s request to file Protected 7 || Material under seal is denied by the court, then the Receiving Party may file the 8 || information in the public record unless otherwise instructed by the court. 9 | 13. FINAL DISPOSITION 10 After the final disposition of this Action, as defined in Section 4 11 || (DURATION), within sixty (60) days of a written request by the Designating Party, 12 || each Receiving Party must return all Protected Material to the Producing Party or 13 || destroy such material. As used in this subdivision, “all Protected Material” 14 || includes all copies, abstracts, compilations, summaries, and any other format 15 || reproducing or capturing any of the Protected Material. Whether the Protected 16 || Material is returned or destroyed, the Receiving Party must submit a written 17 || certification to the Producing Party (and, if not the same person or entity, to the 18 || Designating Party) by the 60 day deadline that (1) identifies (by category, where 19 || appropriate) all the Protected Material that was returned or destroyed and (2) 20 || affirms that the Receiving Party has not retained any copies, abstracts, 21 || compilations, summaries or any other format reproducing or capturing any of the 22 || Protected Material. Notwithstanding this provision, Counsel are entitled to retain 23 || an archival copy of all pleadings, motion papers, trial, deposition, and hearing 24 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 25 || reports, attorney work product, and consultant and expert work product, even if 26 || such materials contain Protected Material. Any such archival copies that contain or 27 || constitute Protected Material remain subject to this Protective Order as set forth in 28 || Section 4 (DURATION). 16 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 || Dated: October 22, 2019 THOMAS F.A. HETHERINGTON JARRETT E. GANER 3 HUTSON B. SMELLEY 4 ERIN E. BENNETT 5 McDOWELL HETHERINGTON LLP 6 By: /s/ Hutson B. Smelley 7 HUTSON B. SMELLEY g - and - 9 HINSHAW & CULBERTSON LLP 10 Attorneys for Defendant Transamerica Life Insurance Company 11 Dated: October 22, 2019 MICHAEL J. COLLINS 12 MAXWELL D. HERMAN 13 BREWER, ATTORNEYS & 14 COUNSELORS By: _ /s/ 15 » “Maxwell D. Herman 16 - and - 17 LAW OFFICES OF ZAREH J. SINANYAN 18 19 Attorneys for Plaintiff 20 21 ECF ATTESTATION 22 I, Hutson B. Smelley, in accordance with Local Rule 5-4.3.4, attest that all 23 || other signatories listed, and on whose behalf this filing is submitted, concur in the 24 || filing’s content and have authorized the filing. 25 26 ||Dated: October 22, 2019 /s/ Huston B. Smelley Hutson B. Smelley 27 28 17 1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. DATED: December 2, 2019 Up 6 7 GAIL J. STANDISH g UNITED STATES MAGISTRATE JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18 1 EXHIBIT A 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 Michael K. Hamra, as trustee on behalf of the 8 || Sam F. Hamra, Jr. and June S. Hamra Irrevocable Trust v. Transamerica Life 9 || Insurance Company, Case No. 2:18-06262-CAS-GJSx. I agree to comply with and 10 | to be bound by all the terms of this Stipulated Protective Order and I understand 11 | and acknowledge that failure to so comply could expose me to sanctions and 12 | punishment in the nature of contempt. I solemnly promise that I will not disclose in 13 || any manner any information or item that is subject to this Stipulated Protective 14 || Order to any person or entity except in strict compliance with the provisions of this 15 || Stipulated Protective Order. I further agree to submit to the jurisdiction of the 16 || United States District Court for the Central District of California for enforcing the 17 || terms of this Stipulated Protective Order, even if such enforcement proceedings 18 || occur after termination of this action. I hereby appoint 19 [print or type full name] of 20 [print or type full address and 21 telephone number] as my California agent for service of process in connection with 22 | this action or any proceedings related to enforcement of this Stipulated Protective 23 || Order. 24 | Date: 25 || City and State where sworn and signed: 26 | Printed name: 27 | Signature: 28 19