Sequoia Insurance Company v. Broan-Nutone, LLC ( 2024 )

1 || Krsto Mijanovic (Bar No. 205060) kmijanovic @ hbblaw.com 2 || Steven A. Scordalakis (Bar No. 293212) sscordalakis @ hbblaw.com 3 || HAIGHT BROWN & BONESTEEL LLP 555 South Flower Street, Forty-Fifth Floor 4 || Los Angeles, California 90071 Telephone: 213.542.8000 5 || Facsimile: 213.542.8100 6 || Attorneys for Defendant BROAN-NUTONE, LLC 7 Dana N. Meyers (SBN 272640) 8 || COZEN O’CONNOR 501 West Broadway, Suite 1610 9 || San Diego, CA 92101 Tel.: 619.234.1700 10 || Fax: 619.234.7831 11 || Attorney for Plaintiff SEQUOIA INSURANCE COMPANY 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 SEQUOIA INSURANCE COMPANY, CASE NO. 1:24-CV-00469-KES-BAM 15 Plaintiff, PARTIES’ STIPULATED PROTECTIVE 16 ORDER; AND fPROPOSED} ORDER v. THEREON 17 BROAN-NUTONE, LLC, and DOES | to 50, 18 || inclusive, 19 Defendant. 20 21 TO THE HONORABLE COURT: 22 IT IS HEREBY STIPULATED by and between the parties, plaintiff SEQUOIA 73 || INSURANCE COMPANY (“plaintiff?), and defendant BROAN-NUTONE LLC (“BROAN”), by 24 || and through their counsel of record, as follows: 25 || 1. PURPOSES AND LIMITATIONS 26 Discovery activity in this action is likely to involve production of confidential, proprietary, 77 || or private information that a party may claim deserves special protection from public disclosure 2g || and from use for any purpose other than prosecuting this litigation may be warranted. 1 The parties acknowledge that this Stipulation and Order does not confer blanket 2 || protections on all responses to discovery and that the protection it affords from public disclosure 3 || and use extends only to the limited information or items that are entitled to confidential treatment 4 || under the applicable legal principles. The parties retain and reserve their rights to seek a 5 || modification of the Order should the Order prove problematic or unworkable in practice due to 6 || unforeseen issues, and all parties agree not to assert that any such proposed modifications are 7 || foreclosed by this Order. The parties further acknowledge, as set forth in Section 12.3, below, that 8 || this Stipulation and Order does not entitle them to file confidential information under seal; Civil 9 || Local Rules set forth the procedures that must be followed and the standards that will be applied 10 || when a party seeks permission from the court to file material under seal. 11 || 2. DEFINITIONS 12 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 13 || information or items under this Stipulation and Order. Of 14 2.2. “CONFIDENTIAL” Information or Items: information (regardless of how it is 15 || generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 16 || of Civil Procedure 26(c), including, but not limited to, (1) trade secrets as defined by applicable 17 || legal principles; (2) confidential personally identifiable information; (3) other confidential 18 || research and development information; (4) competitively sensitive commercial or proprietary 19 || information; (5) confidential financial information, including financial information about any 20 || party to this lawsuit or its individual employees, owners or members; (6) personal or 21 || confidential/privileged information about an individual collected or received in connection with an 22 || insurance claim, as contemplated by California Insurance Code Section 791.13; and/or (7) any 23 || other information protected by the Constitution of the United States, California’s Constitution and 24 || common law right to privacy. 25 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 26 || well as their support staff). 27 2.4 Designating Party: a Party or Non-Party that designates information or items that it 28 || produces in responses to discovery as “CONFIDENTIAL.” ~——e EIEIO III III IIIS OS EI IRE RE EE ] 2.5 Discovery Material: all items or information, regardless of the medium or manner 2 || in which it is generated, stored, or maintained (including, among other things, testimony, 3 || transcripts, and tangible things), that are produced or generated in responses to discovery in this 4 || matter. 5 2.6. Action: the action entitled Sequoia Insurance Company v. Broan-NuTone LLC, et 6 || al., Case No. 1:24-CV-00469-KES-BAM. 7 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to 8 || the 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 2.8 House Counsel: attorneys who are employees of a party to this Action. House 11 || Counsel does not include Outside Counsel of Record or any other outside counsel. 12 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal 13 || entity not named as a Party to this Action. Of 14 2.10 Qutside Counsel of Record: attorneys who are not employees of a party to this 15 || Action but are retained to represent or advise a party to this Action and have appeared in this 16 || Action on behalf of that party or are affiliated with a law firm which has appeared on behalf of 17 || that party. 18 2.11 Party: any party to this Action, including all of its members, officers, directors, 19 || employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 20 2.12 Producing Party: a Party or Non-Party that produces Discovery Material in this 21 || Action. 22 2.13. Professional Vendors: persons or entities that provide litigation support services 23 || (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 24 || organizing, storing, or retrieving data in any form or medium) and their employees and 25 || subcontractors. 26 2.14 Protected Material: any Discovery Material that is designated as 27 || “CONFIDENTIAL.” 28 2.15 Receiving Party: a Party that receives Discovery Material from a Producing Party. 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only Protected Material 3 || (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 4 || all copies, excerpts, summaries, or compilations of Protected Material; (3) any testimony, 5 || conversations, or presentations by Parties or their Counsel that might reveal Protected Material; 6 || and (4) any Protected Material that is informally produced. 7 The protections conferred by this Stipulation and Order do not cover the following 8 || information: (1) any information that is in the public domain at the time of disclosure to a 9 || Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a 10 || result of publication not involving a violation of this Stipulation and Order, including becoming 11 || part of the public record through trial or otherwise; and (2) any information known to the 12 || Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure 13 || from a source who obtained the information lawfully and under no obligation of confidentiality to Of 14 || the Designating Party. Any use of Protected Material at trial shall be governed by a separate 15 || agreement or order. 16 || 4. DURATION 17 Even after final disposition of this Action, the confidentiality obligations imposed by this 18 || Stipulation and Order shall remain in effect until a Designating Party agrees otherwise in writing 19 || or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal 20 || of all claims and defenses in this Action, with or without prejudice; and (2) final judgment herein 21 || after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this 22 || Action, including the time limits for filing any motions or applications for extension of time 23 || pursuant to applicable law. 24 5. DESIGNATING PROTECTED MATERIAL 25 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 26 || or Non-Party that designates information or items for protection under this Stipulation and Order 27 || must take care to limit any such designation to specific material that qualifies under the 28 || appropriate standards. The Designating Party must designate for protection only those parts of ~——e REI III I III OS EI IRE RE EE 1 || material, documents, items, or oral or written communications that qualify — so that other portions 2 || of the material, documents, items, or communications for which protection is not warranted are 3 || not swept unjustifiably within the ambit of this Stipulation and Order. 4 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 5 || shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 6 || unnecessarily encumber or retard the case development process or to impose unnecessary 7 || expenses and burdens on other parties) expose the Designating Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it designated 9 || for protection do not qualify for protection, that Designating Party must promptly notify all other 10 || Parties that it is withdrawing the mistaken designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided in this 12 || Stipulation and Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 13 || stipulated or ordered, Discovery Material that qualifies for protection under this Stipulation and Of 14 || Order must be clearly so designated before the material is disclosed or produced. 15 Designation in conformity with this Stipulation and Order requires: 16 (a) for information in documentary form (e.g., paper or electronic documents, but 17 || excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 18 || affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a 19 || portion or portions of the material on a page qualifies for protection, the Producing Party also must 20 || clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 21 A Party or Non-Party that makes original documents or materials available for 22 || inspection need not designate them for protection until after the inspecting Party has indicated 23 || which material it would like copied and produced. During the inspection and before the 24 || designation, all of the material made available for inspection shall be deemed 25 || “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and 26 || produced, the Producing Party must determine which documents, or portions thereof, qualify for 27 || protection under this Stipulation and Order. Then, before producing the specified documents, the 28 || Producing Party must affix the “CONFIDENTIAL” legend to each page that contains Protected 1 || Material. If only a portion or portions of the material on a page qualifies for protection, the 2 || Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 3 || markings in the margins). 4 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 5 || Designating Party identify on the record, before the close of the deposition, hearing, or other 6 || proceeding, all protected testimony. When it is impractical to identify separately each portion of 7 || testimony that is entitled to protection and it appears that substantial portions of the testimony may 8 || qualify for protection, the Designating Party may invoke on the record (before the deposition, 9 || hearing, or other proceeding is concluded) a right to have up to 30 days following receipt of the 10 || final deposition transcript to identify the specific portions of the testimony as to which protection 11 || is sought. Only those portions of the testimony that are appropriately designated for protection 12 || within the 30 days shall be covered by the provisions of this Stipulation and Order. 13 To designate, the Designating Party must provide the other Parties a list of all pages Of 14 || Gncluding line numbers as appropriate) that have been designated as Protected Material. 15 Any transcript that is prepared before the expiration of a 30-day period for designation 16 || shall be treated during that period as if it had been designated “CONFIDENTIAL?” in its entirety 17 || unless otherwise agreed. After the expiration of that period, the transcript shall be treated only as 18 || actually designated. 19 Transcripts containing Protected Material shall have an obvious legend on the title 20 || page that the transcript contains Protected Material. If the designation is made before the 21 || deposition is concluded, the title page shall be followed by a list of all pages (including line 22 || numbers as appropriate) that have been designated as Protected Material. The Designating Party 23 || shall inform the court reporter of these requirements. 24 The use of a document as an exhibit at a deposition shall not in any way affect its 25 || designation as “CONFIDENTIAL.” 26 (c) for information produced in some form other than documentary and for any other 27 || tangible items, that the Producing Party affix in a prominent place on the exterior of the container 28 || or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a ~——e REI II II II IRI OS EI IRE ROE 1 || portion or portions of the information or item warrant protection, the Producing Party, to the 2 || extent practicable, shall identify the protected portion(s). 3 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 4 || designate qualified information or items does not, standing alone, waive the Designating Party’s 5 || right to secure protection under this Stipulation and Order for such material. Upon timely 6 || correction of a designation, the Receiving Party must make reasonable efforts to assure that the 7 || material is treated in accordance with the provisions of this Stipulation and Order. 8 5.4 Privilege Log 9 Each Party and Non-Party that designates information or items for protection under this 10 || Stipulation and Order will produce a privilege log that identifies the information and items 11 || designated for protection and the basis(es) for the designation. 12 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of Of 14 || confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 15 || designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 16 || burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 17 || challenge a confidentiality designation by electing not to mount a challenge promptly after the 18 || original designation is disclosed. 19 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 20 || process by providing written notice of each designation it is challenging and describing the basis 21 || for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 22 || notice must recite that the challenge to confidentiality is being made in accordance with this 23 || specific paragraph of the Stipulation and Order. The Parties shall attempt to resolve each challenge 24 || in good faith and must begin the process by conferring directly — via telephone and/or written 25 |} communication transmitted via e-mail— within 14 days of the date of service of notice. In 26 || conferring, the Challenging Party must explain the basis for its belief that the confidentiality 27 || designation was not proper and must give the Designating Party an opportunity to review the 28 || designated material, to reconsider the circumstances, and, if no change in designation is offered, to 1 || explain the basis for the chosen designation. A Challenging Party may proceed to the next stage of 2 || the challenge process only if it has engaged in this meet and confer process first or establishes that 3 || the Designating Party is unwilling to participate in the meet and confer process in a timely 4 || manner. 5 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 6 || intervention, the Designating Party shall file and serve a motion (in compliance with the 7 || applicable Local Rule(s) and Federal Rule(s) of Civil Procedure) to uphold the confidentiality 8 || designation within 21 days from the date of service of the initial notice of challenge or within 10 9 || days of the parties agreeing that the meet and confer process will not resolve their dispute, 10 || whichever is earlier. The Parties, however, may stipulate to extend the 21-day or 10-day deadline. 11 || Each such motion must be accompanied by a competent declaration affirming that the movant has 12 || complied with the meet and confer requirements imposed in the preceding paragraph. Failure by 13 || the Designating Party to make such a motion including the required declaration within 21 days (or Of 14 || 10 days or stipulated extended deadline, if applicable) shall automatically remove the 15 || confidentiality designation for each challenged designation. In addition, the Challenging Party 16 || may file a motion challenging a confidentiality designation at any time if there is good cause for 17 || doing so, including a challenge to the designation of a deposition transcript or any portions 18 || thereof. Any motion brought pursuant to this provision must be accompanied by a competent 19 || declaration affirming that the movant has complied with the meet and confer requirements 20 || imposed by the preceding paragraph. 21 The burden of persuasion in any such challenge proceeding shall depend on whether the 22 || Protected Material is designated protected due to a privilege or due to being Confidential. If the 23 || Protected Material is designated as Privileged, then the burden of persuasion in any challenge 24 || proceeding is on the Challenging Party. If the Protected Material is designated as Confidential, 25 || but is not Privileged, then the burden of persuasion is on the Designating Party. Frivolous 26 || challenges and those made for an improper purpose (e.g., to harass or impose unnecessary 27 || expenses and burdens on other parties) may expose the Challenging Party to sanctions. All parties 28 || shall continue to afford the material in question the level of protection to which it is entitled under 1 || the Producing Party’s designation until the court rules on the challenge. 2 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL 3 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 4 || produced by another Party or by a Non-Party in connection with this Action only for prosecuting, 5 || defending, or attempting to settle this Action. Such Protected Material may be disclosed only to 6 || the categories of persons and under the conditions described in this Stipulation and Order. When 7 || the Action has been terminated, a Receiving Party must comply with the provisions of section 13 8 || below (FINAL DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a location and in 10 || a secure manner that ensures that access is limited to the persons authorized under this Stipulation 11 || and Order. 12 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 13 || by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any Of 14 || information or item designated “CONFIDENTIAL” only to: 15 (a) attorneys of record in this Action and their affiliated attorneys, paralegals, clerical 16 || and secretarial staff employed by such attorneys who are actively involved in this Action, are not 17 || employees of any Party, and to whom it is reasonably necessary to disclose the information for 18 || this litigation, provided, however, that each non-attorney given access to Protected Material shall 19 || be advised that such Protected Materials are being disclosed pursuant to, and are subject to, the 20 || terms of this Stipulation and Order and that they may not be disclosed other than pursuant to the 21 || terms of this Stipulation and Order; 22 (b) the members, officers, directors, and employees (including House Counsel and 23 || their staff) of the Receiving Party to whom disclosure is reasonably necessary for this Action and 24 || who have signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as 25 || Exhibit A; 26 (c) Experts (as defined in this Stipulation and Order) of the Receiving Party to whom 27 || disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and 28 || Agreement to Be Bound” (Exhibit A); 1 (d) the court and its personnel; 2 (e) court reporters and their staff, jurors; professional jury or trial consultants, mock 3 || jurors, and Professional Vendors to whom disclosure is reasonably necessary for this Action; 4 (f) during their depositions, witnesses in the Action to whom disclosure is reasonably 5 || necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 6 || unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 7 || deposition testimony or exhibits to depositions that reveal Protected Material must be separately 8 || bound by the court reporter and may not be disclosed to anyone except as permitted under this 9 || Stipulation and Order; 10 (g) the author or recipient of a document containing the information or a custodian or 11 || other person who otherwise possessed or knew the information; 12 (h) any mediator who is assigned to hear this Action, and his or her staff, subject to 13 || their singing the “Acknowledgment and Agreement to Be Bound” (Exhibit A). Of 14]| 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 15 LITIGATION 16 If a Party is served with a subpoena or a court order issued in other litigation that compels 17 || disclosure of any information or items designated in this Action as “CONFIDENTIAL” that Party 18 |} must: 19 (a) promptly notify in writing the Designating Party. Such notification shall include a 20 || copy of the subpoena or court order; and 21 (b) promptly notify in writing the party who caused the subpoena or order to issue in 22 || the other litigation that some or all of the material covered by the subpoena or order is subject to 23 || this Stipulation and Order. Such notification shall include a copy of this Stipulation and Order; 24 If the Designating Party timely seeks a protective order, the Party served with the subpoena 25 || or court order shall not produce any information designated in this Action as “CONFIDENTIAL” 26 || before a determination by the court from which the subpoena or order issued, unless the Party has 27 || obtained the Designating Party’s permission. The Designating Party shall bear the burden and 28 || expense of seeking protection in that court of its confidential material — and nothing in these 1 || provisions should be construed as authorizing or encouraging a Receiving Party in this Action to 2 || disobey a lawful directive from another court. 3 1/9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 4 LITIGATION 5 (a) The terms of this Stipulation and Order are applicable to information produced by a 6 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information produced by 7 || Non-Parties in connection with this Action is protected by the remedies and relief provided by this 8 || Stipulation and Order. Nothing in these provisions should be construed as prohibiting a Non-Party 9 || from seeking additional protections. 10 (b) In the event that a Party is required, by a valid discovery request, to produce a 11 || Non-Party’s confidential information in its possession, and the Party is subject to an agreement 12 || with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 13 (1) promptly notify in writing the Requesting Party and the Non-Party that some or Of 14 || all of the information requested is subject to a confidentiality agreement with a Non-Party; 15 (2) promptly provide the Non-Party with a copy of the Stipulation and Order in 16 || this Action, the relevant discovery request(s), and a reasonably specific description of the 17 || information requested; and 18 (3) make the information requested available for inspection by the Non-Party. 19 (c) If the Non-Party fails to object or seek a protective order from this court within 14 20 || days of receiving the notice and accompanying information, the Receiving Party may produce the 21 || Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 22 || seeks a protective order, the Receiving Party shall not produce any information in its possession or 23 || control that is subject to the confidentiality agreement with the Non-Party before a determination 24 || by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and 25 || expense of seeking protection in this court of its Protected Material. 26||10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 27 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 28 || Material to any person or in any circumstance not authorized under this Stipulation and Order, the 10 ~——e REI II ISIE IOI IIIS OS IIE REO 1 || Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 2 || disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, 3 || (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of 4 || this Stipulation and Order, and (d) request such person or persons to execute the 5 || “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 6|}11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 7 MATERIAL 8 (a) When a Producing Party gives notice to Receiving Party that certain inadvertently 9 || produced material is subject to a claim of privilege or other protection, the obligations of the 10 || Receiving Party are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 11 || is not intended to modify whatever procedure may be established in an e-discovery order that 12 || provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 13 || 502(d) and (e), insofar as the Parties reach an agreement on the effect of disclosure of a Of 14 || communication or information covered by the attorney-client privilege or work product protection, 15 || the Parties may incorporate their agreement in this Order by writing. 16 (b) In the event a Party claims that Protected Material subject to a “CONFIDENTIAL” 17 || designation was inadvertently produced without such designation, the Party that inadvertently 18 || produced the document shall give written notice of such inadvertent production within twenty (20) 19 || days of discovery of the inadvertent production (the “Inadvertent Production Notice”), together 20 || with a further copy of the subject Protected Material designated as “CONFIDENTIAL.” Upon 21 || receipt of such Inadvertent Production Notice, the Party that received the inadvertently produced 22 || Protected Material shall promptly destroy the inadvertently produced Protected Material and all 23 || copies thereof, or, at the option and expense of the Producing Party, return such together with all 24 || copies of such Protected Material to counsel for the Producing Party and shall retain only the 25 || “CONFIDENTIAL” designated Materials. If the Receiving Party destroys such inadvertently 26 || produced Protected Material, the Receiving Party shall notify the Producing Party in writing of 27 || such destruction within ten (10) days of receipt of written notice of the inadvertent production. 28 || However, the Receiving Party may challenge the “CONFIDENTIAL” designation as set forth in 11 1 || Section 6, supra. 2|)12. MISCELLANEOUS 3 12.1 Right to Further Relief. Nothing in this Stipulation and Order abridges the right of 4 || any person to seek its modification by the court in the future. 5 12.2 Right to Assert Other Objections. By stipulating to the entry of this Stipulation and 6 || Order, no Party waives any right it otherwise would have to object to disclosing or producing any 7 || information or item on any ground not addressed in this Stipulation and Order. Similarly, no Party 8 || waives any right to object on any ground to use in evidence of any of the material covered by this 9 || Stipulation and Order. 10 12.3. Filing Protected Material. Without written permission from the Designating Party 11 || or a court order secured after appropriate notice to all interested persons, a Party may not file in 12 || the public record in this Action any Protected Material. A Party that seeks to file under seal any 13 || Protected Material must comply with Civil Local Rule(s). Protected Material may only be filed Of 14 || under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 15 || issue. Pursuant to Civil Local Rule(s), a sealing order will issue only upon a request establishing 16 || that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled 17 || to protection under the law. If a Receiving Party’s request to file Protected Material under seal 18 || pursuant to Civil Local Rule(s) is denied by the court, then the Receiving Party may not file the 19 || information in the public record pursuant to Civil Local Rule(s), or unless otherwise instructed by 20 || the court. 21 12.4 Enforcement. A breach of the terms of this Protective Order is subject to the full 22 || powers and jurisdiction of the Court, including but not limited to the powers of contempt and 23 || injunctive relief, and shall entitle the non-breaching party to appropriate sanctions, including but 24 || not limited to all attorneys’ fees and other costs incurred in the enforcement of this Protective 25 || Order. 26 13. HINAL DISPOSITION 27 Within 60 days after the final disposition of this Action, as defined in paragraph 4, each 28 || Receiving Party must return all Protected Material to the Producing Party or destroy such material. 12 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 6 || Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained 7 || any copies, abstracts, compilations, summaries or any other format reproducing or capturing any 8 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival 9 || copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 10 || correspondence, deposition and trial exhibits, expert reports, attorney work product, and 11 || consultant and expert work product, even if such materials contain Protected Material. 12 || Any such archival copies that contain or constitute Protected Material remain subject to this 13 || Stipulation and Order as set forth in Section 4 (DURATION). Of 14 || IT IS SO STIPULATED. 15 || Dated: August 29, 2024 HAIGHT BROWN & BONESTEEL LLP 16 17 . . By: /s/ Steven A, Scordalakis 18 Krsto Mijanovic Steven A. Scordalakis 19 Attorneys for Defendant BROAN-NUTONE LLC 20 21 22 || Dated: August 29, 2024 COZEN O’CONNOR 23 24 By: /s/ Dana N. Meyers Dana N. Meyers 25 Attorneys for Plaintiff Sequoia Insurance Company 26 27 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], of 4 [print or type full address], declare under 5 || penalty of perjury that I have read in its entirety and understand the Stipulation and Order that was 6 || issued by the United States District Court for the Eastern District of California on 7 ,20___in the case of Sequoia Insurance Company v. Broan-NuTone 8 || LLC, et al., Case No. 1:24-CV-00469-KES-BAM. I agree to comply with and to be bound by all 9 || the terms of this Stipulation and Order and I understand and acknowledge that failure to so comply 10 || could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I 11 |] will not disclose in any manner any information or item that is subject to this Stipulation and 12 || Order to any person or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of United States District Court for the Eastern Of 14 || District of California for the purpose of enforcing the terms of this Stipulation and Order, even if 15 || such enforcement proceedings occur after termination of this action. 16 Thereby appoint [print or type full name] of sprint or type entity name, full address and 18 || telephone number] as my agent for service of process in connection with this action or any 19 || proceedings related to enforcement of this Stipulation and Order. 20 21 || Date: 22 || City and State where sworn and signed: 23 24 || Printed name: 25 26 || Signature: 27 28 1 ORDER 2 Having considered the parties’ stipulated protective order, and finding good cause, the 3 || Court adopts the stipulated protective order (Doc. 15), subject to the following modifications: 4 Page 9, line 13: “their singing” corrected to “their signing” 5 Page 12, lines 17-20: “Ifa Receiving Party’s request to file Protected Material under seal 6 || pursuant to Civil Local Rule(s) is denied by the court, then the Receiving Party may not file the 7 || information in the public record pursuant to Civil Local Rule(s), or unless otherwise instructed by 8 || the court.” modified to “If a Receiving Party’s request to file Protected Material under seal Q || pursuant to Civil Local Rule(s) is denied by the court, then the Receiving party may file the 10 || information in the public record pursuant to Civil Local Rule(s), unless otherwise instructed by the 11 || court.” 12 The parties are advised that pursuant to the Local Rules of the United States District Court, 13 || Eastern District of California, any documents subject to the protective order to be filed under seal Of 14 || must be accompanied by a written request which complies with Local Rule 141 prior to sealing. 15 || The party making a request to file documents under seal shall be required to show good cause for 16 || documents attached to a non-dispositive motion or compelling reasons for documents attached to a 17 || dispositive motion. Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009). 18 || Within five (5) days of any approved document filed under seal, the party shall file a redacted 19 || copy of the sealed document. The redactions shall be narrowly tailored to protect only the 20 || information that is confidential or was deemed confidential. 21 Additionally, the parties shall consider resolving any dispute arising under the stipulated 22 || protective order according to the Court’s informal discovery dispute procedure. 23 24 || IT IS SO ORDERED. Dated: _ September 3, 2024 |s! Barbara A. McAuliffe 26 UNITED STATES MAGISTRATE JUDGE 27 28