Malan v. Great-West Life & Annuity Insurance Company ( 2022 )

BOURHIS LAW GROUP, PC 1 MATTHEW BOURHIS (SBN 319382) 2 matthew.bourhis@bourhislaw.com RITSA GOUNTOUMAS (SBN 316713) 3 ritsa.gountoumas@bourhislaw.com 1808 Wedemeyer Street, Suite 214 4 San Francisco, CA 94129 Tel. (415) 392-4660 5 Fax. (415) 421-0259 6 Attorneys for Plaintiff 7 RANDALL L. MALAN, D.D.S., M.S. 8 MAYNARD, COOPER & GALE, LLP MAYNARD, COOPER & GALE, P.C. Cindy M. Rucker (SBN 272465) Alexander B. Feinberg (admitted pro hav vice) 9 crucker@maynardcooper.com afeinberg@maynardcooper.com 10 10100 Santa Monica Blvd, Suite 550 1901 Sixth Avenue North, Suite 1700 Los Angeles, CA Birmingham, AL 35203 11 Tel. (323) 987-3356 Tel. (205) 254-1000 Fax. (205) 254-1999 Fax. (205) 254-1999 12 Attorneys for Defendant 13 GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION 16 RANDALL L. MALAN, D.D.S, M.S., 17 Case No. 1:22-00100-JLT-BAM Plaintiff, 18 STIPULATION AND [PROPOSED] vs. PROTECTIVE ORDER REGARDING 19 THE EXCHANGE AND DISCLOSURE GREAT-WEST LIFE & ANNUITY OF CONFIDENTIAL INFORMATION 20 INSURANCE COMPANY, 21 Defendant. 22 23 24 25 26 27 06590834.1 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, trade secret, proprietary, or personal information, including but not limited to private 4 patient information, and highly confidential and proprietary business information, for which special 5 protection from public disclosure and from use for any purpose other than prosecuting or defending 6 this litigation may be warranted. Accordingly, in order to protect the confidentiality of Confidential 7 Information obtained by the parties in connection with the lawsuit entitled Randall L. Malan, D.D.S., 8 M.S. v. Great-West Life & Annuity Insurance Company, Case No. 1:22-CV-00100-JLT-BAM in the 9 District Court for the Eastern District of California, the parties hereby stipulate to and petition the 10 court to enter the following Stipulated Protective Order. The parties acknowledge that this Order 11 does not confer blanket protections on all disclosures or responses to discovery and that the 12 protection it affords from public disclosure and use extends only to the limited information or items 13 that are entitled to confidential treatment under the applicable legal principles. The parties further 14 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does not 15 entitle them to file confidential information under seal; Civil Local Rule 141 sets forth the 16 procedures that must be followed and the standards that will be applied when a party seeks 17 permission from the court to file material under seal. 18 2. DEFINITIONS 19 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 20 information or items under this Order. 21 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 22 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 23 Civil Procedure 26(c). 24 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 25 as their support staff). 26 06590834.1 27 2 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING THE EXCHANGE AND 1 2.4 Designating Party: a Party or Non-Party that designates information or items that it 2 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 3 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium 4 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 5 transcripts, and tangible things), that are produced or generated in disclosures or responses to 6 discovery in this matter. 7 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the 8 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 9 consultant in this action. 10 2.7 House Counsel: attorneys who are employees of a party to this action. House Counsel 11 does not include Outside Counsel of Record or any other outside counsel. 12 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 13 entity not named as a Party to this action. 14 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action 15 but are retained to represent or advise a party to this action and have appeared in this action on 16 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 17 2.10 Party: any party to this action, including all of its officers, directors, employees, 18 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 19 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 20 Material in this action. 21 2.12 Professional Vendors: persons or entities that provide litigation support services (e.g., 22 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 23 storing, or retrieving data in any form or medium) and their employees and subcontractors. 24 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 25 “CONFIDENTIAL.” 26 06590834.1 27 3 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING THE EXCHANGE AND 1 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 2 Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only Protected Material (as 5 defined above), but also (1) any information copied or extracted from Protected Material; (2) all 6 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 7 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 8 However, the protections conferred by this Stipulation and Order do not cover the following 9 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 10 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 11 publication not involving a violation of this Order, including becoming part of the public record 12 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 13 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 14 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 15 Protected Material at trial shall be governed by a separate agreement or order. 16 4. DURATION 17 Even after final disposition of this litigation, the confidentiality obligations imposed by this 18 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 19 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 20 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 21 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 22 time limits for filing any motions or applications for extension of time pursuant to applicable law. 23 5. DESIGNATING PROTECTED MATERIAL 24 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 25 Non-Party that designates information or items for protection under this Order must take care to 26 06590834.1 27 4 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING THE EXCHANGE AND 1 limit any such designation to specific material that qualifies under the appropriate standards. The 2 Designating Party must designate for protection only those parts of material, documents, items, or 3 oral or written communications that qualify – so that other portions of the material, documents, 4 items, or communications for which protection is not warranted are not swept unjustifiably within 5 the ambit of this Order. 6 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 7 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 8 encumber the case development process or to impose unnecessary expenses and burdens on other 9 parties) expose the Designating Party to sanctions. 10 If it comes to a Designating Party’s attention that information or items that it designated for 11 protection do not qualify for protection, that Designating Party must promptly notify all other Parties 12 that it is withdrawing the mistaken designation. 13 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, 14 e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or 15 Discovery Material that qualifies for protection under this Order must be clearly so designated 16 before the material is disclosed or produced. 17 Designation in conformity with this Order requires: 18 (a) For information in documentary form (e.g., paper or electronic documents, but 19 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 20 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 21 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 22 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 23 A Party or Non-Party that makes original documents or materials available for inspection need not 24 designate them for protection until after the inspecting Party has indicated which material it would 25 like copied and produced. During the inspection and before the designation, all of the material made 26 06590834.1 27 5 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING THE EXCHANGE AND 1 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 2 identified the documents it wants copied and produced, the Producing Party must determine which 3 documents, or portions thereof, qualify for protection under this Order. Then, before producing the 4 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 5 that contains Protected Material. If only a portion or portions of the material on a page qualifies for 6 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 7 appropriate markings in the margins). 8 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 9 Designating Party identifies the Protected Material in writing sent to all parties no later than thirty 10 days after receipt of the certified transcript. 11 (c) for information produced in some form other than documentary and for any other 12 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 13 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 14 portion or portions of the information or item warrant protection, the Producing Party, to the extent 15 practicable, shall identify the protected portion(s). 16 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 17 designate qualified information or items does not, standing alone, waive the Designating Party’s 18 right to secure protection under this Order for such material. Upon timely correction of a 19 designation, the Receiving Party must make reasonable efforts to assure that the material is treated in 20 accordance with the provisions of this Order. 21 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 22 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 23 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 24 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, 25 or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a 26 06590834.1 27 6 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING THE EXCHANGE AND 1 confidentiality designation by electing not to mount a challenge promptly after the original 2 designation is disclosed. 3 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 4 by providing written notice of each designation it is challenging and describing the basis for each 5 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 6 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 7 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 8 begin the process by conferring directly (in voice to voice dialogue; other forms of communication 9 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 10 Party must explain the basis for its belief that the confidentiality designation was not proper and 11 must give the Designating Party an opportunity to review the designated material, to reconsider the 12 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 13 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 14 has engaged in this meet and confer process first or establishes that the Designating Party is 15 unwilling to participate in the meet and confer process in a timely manner. 16 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 17 intervention, the Designating Party shall apply to the court for an order designating the material 18 confidential within 21 days of the initial notice of challenge or within 14 days of the parties agreeing 19 that the meet and confer process will not resolve their dispute, whichever is earlier. Each such 20 motion must be accompanied by a competent declaration affirming that the movant has complied 21 with the meet and confer requirements imposed in the preceding paragraph. Failure by the 22 Designating Party to make such a motion including the required declaration within 21 days (or 14 23 days, if applicable) shall automatically waive the confidentiality designation for each challenged 24 designation. In addition, the Challenging Party may file a motion challenging a confidentiality 25 designation at any time if there is good cause for doing so, including a challenge to the designation 26 06590834.1 27 7 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING THE EXCHANGE AND 1 of a deposition transcript or any portions thereof. Any motion brought pursuant to this provision 2 must be accompanied by a competent declaration affirming that the movant has complied with the 3 meet and confer requirements imposed by the preceding paragraph. 4 The burden of persuasion in any such challenge proceeding shall be on the Designating 5 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 6 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 7 Unless the Designating Party has waived the confidentiality designation by failing to file a motion to 8 retain confidentiality as described above, all parties shall continue to afford the material in question 9 the level of protection to which it is entitled under the Producing Party’s designation until the court 10 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 disclosed or 13 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 14 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 15 the categories of persons and under the conditions described in this Order. When the litigation has 16 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 17 DISPOSITION). 18 Protected Material must be stored and maintained by a Receiving Party at a location and in a 19 secure manner that ensures that access is limited to the persons authorized under this Order. 20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by 21 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 22 information or item designated “CONFIDENTIAL” only to: 23 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 24 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for 25 this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is 26 06590834.1 27 8 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING THE EXCHANGE AND 1 attached hereto as Exhibit A; 2 (b) the officers, directors, and employees (including House Counsel) of the Receiving 3 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 4 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 5 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 6 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 7 to Be Bound” (Exhibit A); 8 (d) the court and its personnel; 9 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 10 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 11 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 13 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 14 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 15 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 16 bound by the court reporter and may not be disclosed to anyone except as permitted under this 17 Stipulated Protective Order. 18 (g) the author or recipient of a document containing the information or a custodian or 19 other person who otherwise possessed or knew the information. 20 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 21 LITIGATION 22 If a Party is served with a subpoena or a court order issued in other litigation that compels 23 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 24 must: 25 (a) promptly notify in writing the Designating Party. Such notification shall include a 26 06590834.1 27 9 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING THE EXCHANGE AND 1 copy of the subpoena or court order; 2 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 3 other litigation that some or all of the material covered by the subpoena or order is subject to this 4 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 5 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 6 Designating Party whose Protected Material may be affected. 7 If the Designating Party timely seeks a protective order, the Party served with the subpoena 8 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 9 before a determination by the court from which the subpoena or order issued, unless the Party has 10 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 11 expense of seeking protection in that court of its confidential material – and nothing in these 12 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 13 disobey a lawful directive from another court. 14 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 15 LITIGATION 16 (a) The terms of this Order are applicable to information produced by a Non-Party in this 17 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 18 connection with this litigation is protected by the remedies and relief provided by this Order. 19 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 20 protections. 21 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 22 Party’s confidential information in its possession, and the Party is subject to an agreement with the 23 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 24 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all 25 of the information requested is subject to a confidentiality agreement with a Non-Party; 26 06590834.1 27 10 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING THE EXCHANGE AND 1 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in 2 this litigation, the relevant discovery request(s), and a reasonably specific description of the 3 information requested; and 4 (3) make the information requested available for inspection by the Non-Party. 5 (c) If the Non-Party fails to object or seek a protective order from this court within 14 6 days of receiving the notice and accompanying information, the Receiving Party may produce the 7 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 8 seeks a protective order, the Receiving Party shall not produce any information in its possession or 9 control that is subject to the confidentiality agreement with the Non-Party before a determination by 10 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 11 seeking protection in this court of its Protected Material. 12 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 14 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 15 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 16 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 17 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 18 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to 19 Be Bound” that is attached hereto as Exhibit A. 20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 21 MATERIAL 22 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced 23 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties 24 are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 25 modify whatever procedure may be established in an e-discovery order that provides for production 26 06590834.1 27 11 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING THE EXCHANGE AND 1 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 2 parties reach an agreement on the effect of disclosure of a communication or information covered by 3 the attorney-client privilege or work product protection, the parties may incorporate their agreement 4 in the stipulated protective order submitted to the court. 5 12. MISCELLANEOUS 6 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek 7 its modification by the court in the future. 8 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 9 no Party waives any right it otherwise would have to object to disclosing or producing any 10 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 11 Party waives any right to object on any ground to use in evidence of any of the material covered by 12 this Protective Order. 13 12.3 Filing Protected Material. Without written permission from the Designating Party or a 14 court order secured after appropriate notice to all interested persons, a Party may not file in the 15 public record in this action any Protected Material. A Party that seeks to file under seal any Protected 16 Material must comply with Civil Local Rule 141. Protected Material may only be filed under seal 17 pursuant to a court order authorizing the sealing of the specific Protected Material at issue. Pursuant 18 to Civil Local Rule 141, a sealing order will issue only upon a request establishing that the Protected 19 Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under 20 the law. If a Receiving Party's request to file Protected Material under seal pursuant to Civil Local 21 Rule 141 is denied by the court, then the Receiving Party may file the information in the public 22 record pursuant to Civil Local Rule 141 unless otherwise instructed by the court. 23 13. FINAL DISPOSITION 24 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 25 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 26 06590834.1 27 12 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING THE EXCHANGE AND 1 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 2 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 3 the Protected Material is returned or destroyed, the Receiving Party must submit a written 4 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 5 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 6 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 7 abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected 8 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 9 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 10 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 11 and expert work product, even if such materials contain Protected Material. Any such archival copies 12 that contain or constitute Protected Material remain subject to this Protective Order as set forth in 13 Section 4 (DURATION). 14 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 15 16 DATED: _10/5/2022__________________ _s/ Ritsa Gountoumas___________________ Attorney for Plaintiff 17 RANDALL L. MALAN, D.D.S., M.S. 18 19 DATED: __10/5/2022_________________ _s/ Alexander B. Feinberg________________ Attorney for Defendant 20 GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY 21 22 23 24 25 26 06590834.1 27 13 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING THE EXCHANGE AND 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ [print or 4 type full address], declare under penalty of perjury that I have read in its entirety and understand the 5 Stipulated Protective Order that was issued by the United States District Court for the Eastern 6 District of California on _________________[date] in the matter of Randall L. Malan D.D.S., M.S., 7 v. Great-West Life & Annuity Insurance Company. I agree to comply with and to be bound by all the 8 terms of this Stipulated Protective Order and I understand and acknowledge that failure to so comply 9 could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I 10 will not disclose in any manner any information or item that is subject to this Stipulated Protective 11 Order to any person or entity except in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 13 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even 14 if such enforcement proceedings occur after termination of this action. 15 16 Date: ______________________________________ 17 18 Printed name: _______________________________ 19 20 Signature: __________________________________ 21 22 23 24 25 26 06590834.1 27 14 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING THE EXCHANGE AND 1 ORDER 2 Having considered the foregoing, the Court adopts the stipulated protective order. (Doc. 20.) 3 The parties are advised that pursuant to the Local Rules of the United States District Court, Eastern 4 District of California, any documents subject to the protective order to be filed under seal must be 5 accompanied by a written request which complies with Local Rule 141 prior to sealing. The party 6 making a request to file documents under seal shall be required to show good cause for documents 7 attached to a non-dispositive motion or compelling reasons for documents attached to a dispositive 8 motion. Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009). Within five (5) 9 days of any approved document filed under seal, the party shall file a redacted copy of the sealed 10 document. The redactions shall be narrowly tailored to protect only the information that is 11 confidential or was deemed confidential. 12 Additionally, the parties shall consider resolving any dispute arising under the stipulated 13 protective order according to the Court’s informal discovery dispute procedure. 14 IT IS SO ORDERED. 15 16 Dated: October 7, 2022 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 06590834.1 27 15 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING THE EXCHANGE AND