CSAA Ins. Exchange v. Broan-NuTone LLC ( 2024 )

2 4 6 UNITED STATES DISTRICT COURT 4 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 || CSAA INSURANCE EXCHANGE, Case No. 2:23-cv-02687-DJC-CSK 10 Plaintiff, ORDER GRANTING MODIFIED STIPULATED PROTECTIVE ORDER V. (ECF No. 15) BROAN-NUTONE LLC, 13 Defendant. 14 15 The Court has reviewed the parties’ stipulated protective order below (ECF No. 16 15), and finds it comports with the relevant authorities and the Court’s Local Rule. See 7 L.R. 141.1. The Court APPROVES the protective order, subject to the following 18 clarification. 19 The Court’s Local Rules indicate that once an action is closed, it “will not retain 0 jurisdiction over enforcement of the terms of any protective order filed in that action.” L.R. 141.1(f); see Bylin Heating Sys., Inc. v. Thermal Techs., Inc., 2012 WL 13237584, at *2 » (E.D. Cal. Oct. 29, 2012) (noting that courts in the district generally do not retain 3 jurisdiction for disputes concerning protective orders after closure of the case). Thus, the 4 Court will not retain jurisdiction over this protective order once the case is closed. 5 Dated: 09/04/24 -_ Cc . 26 CHI S00 KIM 07 UNITED STATES MAGISTRATE JUDGE 4, csaa2687.23 28 1 || Krsto Miyanovic (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 Stephanie A. Yee (SBN 172251) 8 || Frank M. Tse (SBN 155653) Jang & Associates, LLP 9 || 2121 N. California Blvd, Suite 290 Walnut Creek, CA 94596 10 || Telephone: (925) 937-1400 syee@janglit.com 11 12 || Attorneys for Plaintiff CSAA INSURANCE EXCHANGE 13 || as subrogee of Jason and Traci Nawahine Of 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 16 || CSAA INSURANCE EXCHANGE as CASE NO. 2:23-cv-02687-DJC-KJIN subrogee of Jason Nawahine and Traci 17 || Nawahine, PARTIES’ STIPULATED PROTECTIVE ORDER; AND {PROPOSED} ORDER 18 || Plaintiff, THEREON 19 || vs. 20 || BROAN-NUTONE, LLC; and DOES 1 through 50, inclusive, 21 Defendants. 22 23 24 25 26 27 28 BM07-0000215 DAPRTIE®?? CTIDITT ATERN DPHNTEMTIVE OPHEP: ANT ] TO THE HONORABLE COURT: 2 IT IS HEREBY STIPULATED by and between the parties, plaintiff CSAA INSURANCE 3 || EXCHANGE as subrogee of Jason Nawahine and Traci Nawahine (‘Plaintiff’), and defendant 4 |} BROAN-NUTONE LLC (“Defendant”) as follows: 5 || 1. PURPOSES AND LIMITATIONS 6 Discovery activity in this action is likely to involve production of confidential, proprietary, 7 || or private information that a party may claim deserves special protection from public disclosure 8 || and from use for any purpose other than prosecuting this litigation may be warranted. 9 The parties acknowledge that this Stipulation and Order does not confer blanket 10 || protections on all disclosures or responses to discovery and that the protection it affords from 11 || public disclosure and use extends only to the limited information or items that are entitled to 12 || confidential treatment under the applicable legal principles. The parties retain and reserve their 13 || rights to seek a modification of the Order should the Order prove problematic or unworkable in Of 14 || practice due to unforeseen issues, and all parties agree not to assert that any such proposed 15 || modifications are foreclosed by this Order. The parties further acknowledge, as set forth in 16 || Section 12.3, below, that this Stipulation and Order does not entitle them to file confidential 17 || information under seal; Civil Local Rule(s) sets forth the procedures that must be followed and the 18 || standards that will be applied when a party seeks permission from the court to file material under 19 || seal. 20 This action is likely to involve trade secrets, customer and pricing lists and other valuable 21 ||research, development, commercial, financial, technical and/or proprietary information for 22 || which special protection from public disclosure and from use for any purpose other than 23 || prosecution of this action is warranted. Such confidential and proprietary materials and 24 ||} information consist of, among other thing, confidential business or financial information, 25 || information regarding confidential business practices, or other confidential research, 26 || development, or commercial information (including information implicating privacy rights of third 27 || parties), information otherwise generally unavailable to the public, or which may be privileged or 28 || otherwise protected from disclosure under state or federal statutes, court rules, case decisions, or BM07-0000215 1] || common law. Accordingly, to expedite the flow of information, to facilitate the prompt 2 || resolution of disputes over confidentiality of discovery materials, to adequately protect 3 || information the parties are entitled to keep confidential, to ensure that the parties are permitted 4 || reasonable necessary uses of such material in preparation for and in the conduct of trial, to address 5 || their handling at the end of the litigation, and serve the ends of justice, a protective order for 6 || such information is justified in this matter. It 1s the intent of the parties that information will not 7 || be designated as confidential for tactical reasons and that nothing be so designated without a good 8 || faith belief that it has been maintained ina _ confidential, non-public manner, and there is good 9 || cause why it should not be part of the public record of this case. 10 || 2. DEFINITIONS 11 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 12 || information or items under this Stipulation and Order. 13 2.2. “CONFIDENTIAL” Information or Items: information (regardless of how it is Of 14 || generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 15 || of Civil Procedure 26(c), including, but not limited to, (1) trade secrets as defined by applicable 16 || legal principles; (2) confidential personally identifiable information; (3) other confidential 17 || research and development information; (4) competitively sensitive commercial or proprietary 18 || information; (5) confidential financial information, including financial information about any 19 || party to this lawsuit or its individual employees, owners or members; (6) personal or 20 || confidential/privileged information about an individual collected or received in connection with an 21 || insurance claim, as contemplated by California Insurance Code Section 791.13; and/or (7) any 22 || other information protected by the Constitution of the United States, California’s Constitution and 23 || common law right to privacy. 24 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 25 || well as their support staff). 26 2.4 Designating Party: a Party or Non-Party that designates information or items that it 27 || produces in responses to discovery as “CONFIDENTIAL.” 28 BM07-0000215 DADTILS? CTIDIN ATER DPATUSTIVE APREP. ANT 1 2.5. Disclosure or Discovery Material: all items or information, regardless of the 2 |} medium or manner in which it is generated, stored, or maintained (including, among other things, 3 || testimony, transcripts, and tangible things), that are produced or generated in responses to 4 || discovery in this matter. 5 2.6. Action: the action entitled CSAA Insurance Exchange as subrogee of Jason 6 || Nawahine and Traci Nawahine v. Broan-NuTone LLC, Case No. 2:23-cv-02687-DJC-KJN. 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, and includes support staff. 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 BM07-0000215 DADTILS? CTIDIN ATER DPATUSTIVE APREP. ANT 1 2.15 Receiving Party: a Party that receives Discovery Material from a Producing Party. 2 || 3. SCOPE 3 The protections conferred by this Stipulation and Order cover not only Protected Material 4 || (as defined above), but also (1) any information copied or extracted from Protected Material; 5 || (2) all copies, excerpts, summaries, or compilations of Protected Material; (3) any testimony, 6 || conversations, or presentations by Parties or their Counsel that might reveal Protected Material; 7 || and (4) any Protected Material that is informally produced. 8 Any use of Protected Material at trial shall be governed by the orders of the trial judge. 9 || This Order does not govern the use of Protected Material at trial. 10 The protections conferred by this Stipulation and Order do not cover the following 11 || information: (1) any information that is in the public domain at the time of disclosure to a 12 || Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a 13 || result of publication not involving a violation of this Stipulation and Order, including becoming Of 14 || part of the public record through trial or otherwise; and (2) any information known to the 15 || Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure 16 || from a source who obtained the information lawfully and under no obligation of confidentiality to 17 || the Designating Party. Any use of Protected Material at trial shall be governed by a separate 18 || agreement or order. 19 || 4. DURATION 20 Even after final disposition of this Action, the confidentiality obligations imposed by this 21 || Stipulation and Order shall remain in effect until a Designating Party agrees otherwise in writing 22 || or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal 23 || of all claims and defenses in this Action, with or without prejudice; and (2) final judgment herein 24 || after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this 25 || Action, including the time limits for filing any motions or applications for extension of time 26 || pursuant to applicable law. 27 28 SS BM07-0000215 DADTILS? CTIDIN ATER DPATUSTIVE APREP. ANT 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 3 || or Non-Party that designates information or items for protection under this Stipulation and Order 4 || must take care to limit any such designation to specific material that qualifies under the 5 || appropriate standards. The Designating Party must designate for protection only those parts of 6 || material, documents, items, or oral or written communications that qualify — so that other portions 7 || of the material, documents, items, or communications for which protection is not warranted are 8 || not swept unjustifiably within the ambit of this Stipulation and Order. 9 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 10 || shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 11 || unnecessarily encumber or retard the case development process or to impose unnecessary 12 || expenses and burdens on other parties) expose the Designating Party to sanctions. 13 If it comes to a Designating Party’s attention that information or items that it designated Of 14 || for protection do not qualify for protection, that Designating Party must promptly notify all other 15 || Parties that it is withdrawing the mistaken designation. 16 5.2. Manner and Timing of Designations. Except as otherwise provided in this 17 || Stipulation and Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 18 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this 19 || Stipulation and Order must be clearly so designated before the material is disclosed or produced. 20 Designation in conformity with this Stipulation and Order requires: 21 (a) for information in documentary form (e.g., paper or electronic documents, but 22 || excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 23 || affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a 24 || portion or portions of the material on a page qualifies for protection, the Producing Party also must 25 || clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 26 A Party or Non-Party that makes original documents or materials available for 27 || inspection need not designate them for protection until after the inspecting Party has indicated 28 || which material it would like copied and produced. During the inspection and before the BM07-0000215 ] || designation, all of the material made available for inspection shall be deemed 2 || “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and 3 || produced, the Producing Party must determine which documents, or portions thereof, qualify for 4 || protection under this Stipulation and Order. Then, before producing the specified documents, the 5 || Producing Party must affix the “CONFIDENTIAL” legend to each page that contains Protected 6 || Material. If only a portion or portions of the material on a page qualifies for protection, the 7 || Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 8 || markings in the margins). 9 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 10 || Designating Party identify on the record, before the close of the deposition, hearing, or other 11 || proceeding, all protected testimony. When it is impractical to identify separately each portion of 12 || testimony that is entitled to protection and it appears that substantial portions of the testimony may 13 || qualify for protection, the Designating Party may invoke on the record (before the deposition, Of 14 || hearing, or other proceeding is concluded) a right to have up to 15days following receipt of the 15 || final deposition transcript to identify the specific portions of the testimony as to which protection 16 || 1s sought. Only those portions of the testimony that are appropriately designated for protection 17 || within the 15 days shall be covered by the provisions of this Stipulation and Order. 18 To designate, the Designating Party must provide the other Parties a list of all pages 19 || (including line numbers as appropriate) that have been designated as Protected Material. 20 Any transcript that is prepared before the expiration of a 15-day period for designation 21 || shall be treated during that period as if it had been designated “CONFIDENTIAL?” in its entirety 22 || unless otherwise agreed. After the expiration of that period, the transcript shall be treated only as 23 || actually designated. 24 Transcripts containing Protected Material shall have an obvious legend on the title 25 || page that the transcript contains Protected Material. If the designation is made before the 26 || deposition is concluded, the title page shall be followed by a list of all pages (including line 27 || numbers as appropriate) that have been designated as Protected Material. The Designating Party 28 || shall inform the court reporter of these requirements. BM07-0000215 FE 1 The use of a document as an exhibit at a deposition shall not in any way affect its 2 || designation as “CONFIDENTIAL.” 3 (c) for information produced in some form other than documentary and for any other 4 || tangible items, that the Producing Party affix in a prominent place on the exterior of the container 5 || or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 6 || portion or portions of the information or item warrant protection, the Producing Party, to the 7 || extent practicable, shall identify the protected portion(s). 8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 9 || designate qualified information or items does not, standing alone, waive the Designating Party’s 10 || right to secure protection under this Stipulation and Order for such material. Upon timely 11 || correction of a designation, the Receiving Party must make reasonable efforts to assure that the 12 || material is treated in accordance with the provisions of this Stipulation and Order. 13 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS Of 14 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 15 || confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 16 || designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 17 || burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 18 || challenge a confidentiality designation by electing not to mount a challenge promptly after the 19 || original designation is disclosed. 20 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 21 || process under Local Rule(s). To avoid ambiguity as to whether a challenge has been made, the 22 || written notice must recite that the challenge to confidentiality 1s being made in accordance with 23 || this specific paragraph of the Stipulation and Order. The Parties shall attempt to resolve each 24 || challenge in good faith and must begin the process by conferring directly — via telephone and/or 25 || written communication transmitted via e-mail— within 10days 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 BM07-0000215 FB ] || 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. The burden of persuasion in any such challenge proceeding 6 || shall be on the Designating Party. Frivolous challenges, and those made for an improper 7 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 8 || expose the Challenging Party to sanctions. Unless the Designating Party has waived or 9 || withdrawn the confidentiality designation, all parties shall continue to afford the material in 10 || question the level of protection to which it is entitled under the Producing Party’s 11 || designation until the Court rules on the challenge. 12 If the Parties cannot resolve a challenge without court intervention, the Designating Party 13 || shall file and serve a motion (in compliance with the applicable Local Rule(s) and Federal Rule(s) Of 14 || of Civil Procedure) to uphold the confidentiality designation within 21 days from the date of 15 || service of the initial notice of challenge or within 10 days of the parties agreeing that the meet and 16 || confer process will not resolve their dispute, whichever is earlier. The Parties, however, may 17 || stipulate to extend the 21-day or 10-day deadline. Each such motion must be accompanied by a 18 || competent declaration affirming that the movant has complied with the meet and confer 19 || requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a 20 || motion including the required declaration within 21 days (or 10 days or stipulated extended 21 || deadline, if applicable) shall automatically remove the confidentiality designation for each 22 || challenged designation. In addition, the Challenging Party may file a motion challenging a 23 || confidentiality designation at any time if there is good cause for doing so, including a challenge to 24 || the designation of a deposition transcript or any portions thereof. Any motion brought pursuant to 25 || this provision must be accompanied by a competent declaration affirming that the movant has 26 || complied with the meet and confer requirements imposed by the preceding paragraph. 27 The burden of persuasion in any such challenge is on the Designating Party. Frivolous 28 || challenges and those made for an improper purpose (e.g., to harass or impose unnecessary BM07-0000215 DF ] || expenses and burdens on other parties) may expose the Challenging Party to sanctions. All parties 2 || shall continue to afford the material in question the level of protection to which it is entitled under 3 || the Producing Party’s designation until the court rules on the challenge. 4 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 6 || produced by another Party or by a Non-Party in connection with this Action only for prosecuting, 7 || defending, or attempting to settle this Action. Such Protected Material may be disclosed only to 8 || the categories of persons and under the conditions described in this Stipulation and Order. When 9 || the Action has been terminated, a Receiving Party must comply with the provisions of section 13 10 || below (FINAL DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a location and in 12 || a secure manner that ensures that access is limited to the persons authorized under this Stipulation 13 || and Order. Of 14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 15 || by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 16 || information or item designated “CONFIDENTIAL” only to: 17 (a) attorneys of record in this Action and their affiliated attorneys, paralegals, clerical 18 || and secretarial staff employed by such attorneys who are actively involved in this Action, are not 19 || employees of any Party, and to whom it is reasonably necessary to disclose the information for 20 || this litigation, provided, however, that each non-attorney given access to Protected Material shall 21 || be advised that such Protected Materials are being disclosed pursuant to, and are subject to, the 22 || terms of this Stipulation and Order and that they may not be disclosed other than pursuant to the 23 || terms of this Stipulation and Order; 24 (b) the members, officers, directors, and employees (including House Counsel and 25 || their staff) of the Receiving Party to whom disclosure is reasonably necessary for this Action; 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); BM07-0000215 dF 1 (d) the court and its personnel; 2 (e) court reporters and their staff,; 3 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to 4 || whom disclosure is reasonably necessary for this Action and who have signed the 5 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (g) during their depositions, witnesses, and attorneys for the witnesses, in the Action to 7 || whom disclosure is reasonably necessary and who have signed the “Acknowledgment and 8 || Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or 9 || ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions that 10 || reveal Protected Material must be separately bound by the court reporter and may not be disclosed 11 || to anyone except as permitted under this Stipulation and Order; 12 (h) the author or recipient of a document containing the information or a custodian or 13 || other person who otherwise possessed or knew the information; Of 14 (1) any mediator or settlement officer, and their supporting personnel, and his or her 15 || staff, subject to their singing the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 16]| 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 17 LITIGATION 18 If a Party is served with a subpoena or a court order issued in other litigation that compels 19 || disclosure of any information or items designated in this Action as “CONFIDENTIAL” that Party 20 || must: 21 (a) promptly notify in writing the Designating Party. Such notification shall include a 22 || copy of the subpoena or court order; and 23 (b) promptly notify in writing the party who caused the subpoena or order to issue in 24 || the other litigation that some or all of the material covered by the subpoena or order is subject to 25 || this Stipulation and Order. Such notification shall include a copy of this Stipulation and Order; 26 || and 27 (c) cooperate with respect to all reasonable procedures sought to be pursued by 28 || the Designating Party whose Protected Material may be affected. BM07-0000215 FE 1 If the Designating Party timely seeks a protective order, the Party served with the subpoena 2 || or court order shall not produce any information designated in this Action as “CONFIDENTIAL” 3 || before a determination by the court from which the subpoena or order issued, unless the Party has 4 || obtained the Designating Party’s permission. The Designating Party shall bear the burden and 5 || expense of seeking protection in that court of its confidential material — and nothing in these 6 || provisions should be construed as authorizing or encouraging a Receiving Party in this Action to 7 || disobey a lawful directive from another court. 8 || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 9 LITIGATION 10 (a) The terms of this Stipulation and Order are applicable to information produced by a 11 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information produced by 12 || Non-Parties in connection with this Action is protected by the remedies and relief provided by this 13 || Stipulation and Order. Nothing in these provisions should be construed as prohibiting a Non-Party Of 14 || from seeking additional protections. 15 (b) In the event that a Party is required, by a valid discovery request, to produce a 16 || Non-Party’s confidential information in its possession, and the Party is subject to an agreement 17 || with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 18 (1) promptly notify in writing the Requesting Party and the Non-Party that some or 19 || all of the information requested is subject to a confidentiality agreement with a Non-Party; 20 (2) promptly provide the Non-Party with a copy of the Stipulation and Order in 21 || this Action, the relevant discovery request(s), and a reasonably specific description of the 22 || information requested; and 23 (3) make the information requested available for inspection by the Non-Party. 24 (c) If the Non-Party fails to object or seek a protective order from this court within 14 25 || days of receiving the notice and accompanying information, the Receiving Party may produce the 26 || Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 27 || seeks a protective order, the Receiving Party shall not produce any information in its possession or 28 || control that is subject to the confidentiality agreement with the Non-Party before a determination BM07-0000215 ] || by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and 2 || expense of seeking protection in this court of its Protected Material. 3|}10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 5 || Material to any person or in any circumstance not authorized under this Stipulation and Order, the 6 || Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 7 || disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, 8 || (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of 9 || this Stipulation and Order, and (d) request such person or persons to execute the 10 || “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 11)}/11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 12 MATERIAL 13 (a) When a Producing Party gives notice to Receiving Party that certain inadvertently Of 14 || produced material is subject to a claim of privilege or other protection, the obligations of the 15 || Receiving Party are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 16 || is not intended to modify whatever procedure may be established in an e-discovery order that 17 || provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 18 || 502(d) and (e), insofar as the Parties reach an agreement on the effect of disclosure of a 19 || communication or information covered by the attorney-client privilege or work product protection, 20 || the Parties may incorporate their agreement in the stipulated protective order submitted to the 21 || court. 22 (b) In the event a Party claims that Protected Material subject to a “CONFIDENTIAL” 23 || designation was inadvertently produced without such designation, the Party that inadvertently 24 || produced the document shall give written notice of such inadvertent production within twenty (20) 25 || days of discovery of the inadvertent production (the “Inadvertent Production Notice”), together 26 || with a further copy of the subject Protected Material designated as “CONFIDENTIAL.” Upon 27 || receipt of such Inadvertent Production Notice, the Party that received the inadvertently produced 28 || Protected Material shall promptly destroy the inadvertently produced Protected Material and all BM07-0000215 1 || copies thereof, or, at the option and expense of the Producing Party, return such together with all 2 || copies of such Protected Material to counsel for the Producing Party. If the Receiving Party 3 || destroys such inadvertently produced Protected Material, the Receiving Party shall notify the 4 || Producing Party in writing of such destruction within ten (10) days of receipt of written notice of 5 || the inadvertent production. However, the Receiving Party may challenge the “CONFIDENTIAL” 6 || designation as set forth in Section 6, supra. 7\)12. MISCELLANEOUS 8 12.1 Right to Further Relief. Nothing in this Stipulation and Order abridges the right of 9 || any person to seek its modification by the court in the future. 10 12.2 Right to Assert Other Objections. By stipulating to the entry of this Stipulation and 11 || Order, no Party waives any right it otherwise would have to object to disclosing or producing any 12 || information or item on any ground not addressed in this Stipulation and Order. Similarly, no Party 13 || waives any right to object on any ground to use in evidence of any of the material covered by this Of 14 || Stipulation and Order. 15 12.3. Filing Protected Material. Without written permission from the Designating Party 16 || or a court order secured after appropriate notice to all interested persons, a Party may not file in 17 || the public record in this Action any Protected Material. A Party that seeks to file under seal any 18 || Protected Material must comply with Civil Local Rule(s) . Protected Material may only be filed 19 || under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 20 || issue. If a Receiving Party’s request to file Protected Material under seal is denied by the court, 21 || then the Receiving Party may not file the information in the public unless otherwise instructed by 22 || the court. 23 13. FINAL DISPOSITION 24 After the final disposition of this Action, as defined in paragraph 4, each Receiving Party 25 || must return all Protected Material to the Producing Party or destroy such material. As used in this 26 || subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and 27 || any other format reproducing or capturing any of the Protected Material. Whether the Protected 28 || Material is returned or destroyed, the Receiving Party must submit a written certification to the BM07-0000215 GE ] || Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day 2 || deadline that (1) identifies (by category, where appropriate) all the Protected Material that was 3 || returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 4 || abstracts, compilations, summaries or any other format reproducing or capturing any of the 5 || Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy 6 || of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 7 || correspondence, deposition and trial exhibits, expert reports, attorney work product, and 8 || consultant and expert work product, even if such materials contain Protected Material. Any such 9 || archival copies that contain or constitute Protected Material remain subject to this Stipulation and 10 || Order as set forth in Section 4 (DURATION). 11 14. Any violation of this Order may be punished by any and all appropriate measures 12 || including, without limitation, contempt proceedings and/or monetary sanctions, as well as any and 13 || all other remedies afforded the Parties under the law. Of 14 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 15 || Dated: August 28, 2024 HAIGHT BROWN & BONESTEEL LLP 16 17 . . By: /s/ Steven A. Scordalakis 18 Krsto Miyanovic Steven A. Scordalakis 19 Attorneys for Defendant BROAN-NUTONE LLC 20 1 Jang & Associates, LLP Dated: August 28, 2024 22 23 By: /s/ Stephanie A. Yee 24 Stephanie A. Yee Frank M. Tse 25 Attorneys for Plaintiff CSAA INSURANCE EXCHANGE as subrogee of Jason Nawahine and 26 Traci Nawahine 27 28 15 BM07-0000215 DAPRTIE®?? CTIDITT ATERN DPHNTEMTIVE OPHEP: ANT ] 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, Sacramento 7 || Division, on ,20 inthe case of CSAA Insurance Exchange as 8 || subrogee of Jason Nawahine and Traci Nawahine v. Broan-NuTone LLC, Case No. 2:23-cv- 9 || 02687-DJC-KJN. I agree to comply with and to be bound by all the terms of this Stipulation and 10 || Order and I understand and acknowledge that failure to so comply could expose me to sanctions 11 || and punishment in the nature of contempt. I solemnly promise that I will not disclose in any 12 || manner any information or item that 1s subject to this Stipulation and Order to any person or entity 13 || except in strict compliance with the provisions of this Order. Of 14 I further agree to submit to the jurisdiction of United States District Court for the Eastern 15 || District of California, Sacramento Division, for the purpose of enforcing the terms of this 16 || Stipulation and Order, even if such enforcement proceedings occur after termination of this action. 17 I hereby appoint [print or type full name] of 18 [print or type entity name, full address and 19 || telephone number] as my agent for service of process in connection with this action or any 20 || proceedings related to enforcement of this Stipulation and Order. 21 22 || Date: 23 || City and State where sworn and signed: 24 25 || Printed name: 26 27 || Signature: 28