1 TROUTMAN PEPPER LOCKE LLP Brian I. Hays (Admitted PHV) 2 brian.hays@troutman.com 3 Randall A. Hack (Admitted PHV) randall.hack@troutman.com 4 111 South Wacker Drive, Suite 4100 5 Chicago, IL 60606 Tel: (312) 443-0700 6 Fax: (312) 443-0336 7 Attorneys for Defendants 8

FARMERS INSURANCE EXCHANGE, FARMERS

9 INSURANCE COMPANY, INC. and FIRE INSURANCE

EXCHANGE

10

11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 KIMBERLY STARLING, individually and ) CASE NO. 2:24-CV-08644-FMO-KS on behalf of others similarly situated, ) Honorable Fernando M. Olguin 14 ) 15 Plaintiff, ) STIPULATED PROTECTIVE ) ORDER 16 vs. ) 17 ) FARMERS INSURANCE EXCHANGE, ) Complaint Filed: October 8, 2024 18

FARMERS INSURANCE COMPANY, INC. )

19 and FIRE INSURANCE EXCHANGE ) ) 20 Defendants. ) 21 )

22 23 STIPULATED PROTECTIVE ORDER 24 1. GENERAL 25 1.1 Purposes and Limitations. Discovery in this action is likely to involve 26 production of confidential, proprietary, or private information for which special 27 protection from public disclosure and from use for any purpose other than prosecuting 1 petition the Court to enter the following Stipulated Protective Order. The parties 2 acknowledge that this Order does not confer blanket protections on all disclosures or 3 responses to discovery and that the protection it affords from public disclosure and use 4 extends only to the limited information or items that are entitled to confidential 5 treatment under the applicable legal principles. The parties further acknowledge, as set 6 forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them 7 to file confidential information under seal; Civil Local Rule 79-5 sets forth the 8 procedures that must be followed and the standards that will be applied when a party 9 seeks permission from the court to file material under seal. 10 1.2 Good Cause Statement. 11 This action is likely to involve trade secrets, commercial software, customer and 12 pricing lists and personal identifying information of consumers, and other valuable 13 research, development, commercial, financial, technical and/or proprietary information 14 for which special protection from public disclosure and from use for any purpose other 15 than prosecution of this action is warranted. Such confidential and proprietary materials 16 and information consist of, among other things, confidential business or financial 17 information, information regarding confidential business practices, commercial and 18 proprietary policies, procedures, and guidelines, or other confidential research, 19 development, or commercial information (including information implicating privacy 20 rights of third parties), information otherwise generally unavailable to the public, or 21 which may be privileged or otherwise protected from disclosure under state or federal 22 statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow 23 of information, to facilitate the prompt resolution of disputes over confidentiality of 24 discovery materials, to adequately protect information the parties and relevant non- 25 parties are entitled to keep confidential, to ensure that the parties are permitted 26 reasonable necessary uses of such material in preparation for and in the conduct of trial, 27 to address their handling at the end of the litigation, and serve the ends of justice, a 1 parties that information will not be designated as confidential for tactical reasons and 2 that nothing be so designated without a good faith belief that it has been maintained in 3 a confidential, non-public manner, and there is good cause why it should not be part of 4 the public record of this case. 5 2. DEFINITIONS 6 2.1 Action: Kimberly Starling v. Farmers Insurance Exchange, USDC Case 7 No. 2:24-cv-08644-FMO-KS. 8 2.2 Challenging Party: a Party or Non-Party that challenges a designation of 9 information or items under this Order. 10 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 11 it is generated, stored or maintained) or tangible things that qualify for protection under 12 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 13 Statement. 14 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 15 support staff). 16 2.5 Designating Party: a Party or Non-Party that designates information or 17 items that it produces in disclosures or in responses to discovery as 18 “CONFIDENTIAL.” 19 2.6 Disclosure or Discovery Material: all items or information, regardless of 20 the medium or manner in which it is generated, stored, or maintained (including, among 21 other things, testimony, transcripts, and tangible things), that are produced or generated 22 in disclosures or responses to discovery in this matter. 23 2.7 Expert: a person with specialized knowledge or experience in a matter 24 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 25 expert witness or as a consultant in this Action. 26 2.8 House Counsel: attorneys who are employees of a party to this Action. 27 House Counsel does not include Outside Counsel of Record or any other outside 1 2.9 Non-Party: any natural person, partnership, corporation, association, or 2 other legal entity not named as a Party to this action. 3 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 4 this Action but are retained to represent or advise a party to this Action and have 5 appeared in this Action on behalf of that party or are affiliated with a law firm that has 6 appeared on behalf of that party, including support staff. 7 2.11 Party: any party to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staffs). 10 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 11 Discovery Material in this Action. 12 2.13 Professional Vendors: persons or entities that provide litigation support 13 services (e.g., photocopying, videotaping, translating, preparing exhibits or 14 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 15 their employees and subcontractors. 16 2.14 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL.” 18 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 19 from a Producing Party. 20 3. SCOPE 21 The protections conferred by this Stipulation and Order cover not only Protected 22 Material (as defined above), but also (1) any information copied or extracted from 23 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 24 Material; and (3) any testimony, conversations, or presentations by Parties or their 25 Counsel that might reveal Protected Material. 26 Any use of Protected Material at trial shall be governed by the orders of the trial 27 judge. This Order does not govern the use of Protected Material at trial. 1 4. DURATION 2 If a case proceeds to trial, all of the court-filed information to be introduced that 3 was previously designated as confidential or maintained pursuant to this protective 4 order becomes public and will be presumptively available to all members of the public, 5 including the press, unless compelling reasons supported by specific factual findings to 6 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v. 7 City and Cty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing 8 “good cause” showing for sealing documents produced in discovery from “compelling 9 reasons” standard when merits-related documents are part of court record). 10 Even after final disposition of this litigation, the confidentiality obligations 11 imposed by this Order shall remain in effect until a Designating Party agrees otherwise 12 in writing or a court order otherwise directs. Final disposition shall be deemed to be 13 the later of (1) dismissal of all claims and defenses in this Action, with or without 14 prejudice; and (2) final judgment herein after the completion and exhaustion of all 15 appeals, rehearings, remands, trials, or reviews of this Action, including the time limits 16 for filing any motions or applications for extension of time pursuant to applicable law. 17 5. DESIGNATING PROTECTED MATERIAL 18 5.1 Exercise of Restraint and Care in Designating Material for Protection. 19 Each Party or Non-Party that designates information or items for protection under this 20 Order must take care to limit any such designation to specific material that qualifies 21 under the appropriate standards. The Designating Party must designate for protection 22 only those parts of material, documents, items, or oral or written communications or 23 testimony that qualify so that other portions of the material, documents, items, or 24 communications or testimony for which protection is not warranted are not swept 25 unjustifiably within the ambit of this Order. 26 Mass, indiscriminate, or routinized designations are prohibited. Designations that 27 are shown to be clearly unjustified or that have been made for an improper purpose 1 unnecessary expenses and burdens on other parties) may expose the Designating Party 2 to sanctions. 3 If it comes to a Designating Party’s attention that information or items that it 4 designated for protection do not qualify for protection, that Designating Party must 5 promptly notify all other Parties that it is withdrawing the inapplicable designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in this 7 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 8 or ordered, Disclosure or Discovery Material that qualifies for protection under this 9 Order must be clearly so designated before the material is disclosed or produced. 10 Designation in conformity with this Order requires: 11 (a) for information in documentary form (e.g., paper or electronic documents, 12 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 13 Producing Party affix, at a minimum, the legend “CONFIDENTIAL” (hereinafter 14 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 15 portion or portions of the material on a page qualifies for protection, the Producing Party 16 also must clearly identify the protected portion(s) (e.g., by making appropriate markings 17 in the margins). 18 A Party or Non-Party that makes original documents available for inspection 19 need not designate them for protection until after the inspecting Party has indicated 20 which documents it would like copied and produced. During the inspection and before 21 the designation, all of the material made available for inspection shall be deemed 22 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 23 copied and produced, the Producing Party must determine which documents, or portions 24 thereof, qualify for protection under this Order. Then, before producing the specified 25 documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 26 that contains Protected Material. If only a portion or portions of the material on a page 27 qualifies for protection, the Producing Party also must clearly identify the protected 1 (b) for testimony given in depositions that the Designating Party identify the 2 Disclosure or Discovery Material on the record, before the close of the deposition. 3 (c) for information produced in some form other than documentary and for 4 any other tangible items, that the Producing Party affix in a prominent place on the 5 exterior of the container or containers in which the information is stored the legend 6 “CONFIDENTIAL.” If only a portion or portions of the information warrants 7 protection, the Producing Party, to the extent practicable, shall identify the protected 8 portion(s). 9 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 10 failure to designate qualified information or items does not, standing alone, waive the 11 Designating Party’s right to secure protection under this Order for such material. Upon 12 timely correction of a designation, the Receiving Party must make reasonable efforts to 13 assure that the material is treated in accordance with the provisions of this Order. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 16 designation of confidentiality at any time that is consistent with the Court’s Scheduling 17 Order. 18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 19 resolution process under Local Rule 37-1, et seq. Any discovery motion must strictly 20 comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3. 21 6.3 Burden. The burden of persuasion in any such challenge proceeding shall 22 be on the Designating Party. Frivolous challenges, and those made for an improper 23 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) 24 may expose the Challenging Party to sanctions. Unless the Designating Party has 25 waived or withdrawn the confidentiality designation, all parties shall continue to afford 26 the material in question the level of protection to which it is entitled under the Producing 27 Party’s designation until the Court rules on the challenge. 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this Action 4 only for prosecuting, defending, or attempting to settle this Action and for no other 5 purpose. Such Protected Material may be disclosed only to the categories of persons 6 and under the conditions described in this Order. When the Action has been terminated, 7 a Receiving Party must comply with the provisions of section 13 below (FINAL 8 DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 13 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party 14 may disclose any information or item designated “CONFIDENTIAL” only to: 15 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 16 employees of said Outside Counsel of Record to whom it is reasonably necessary to 17 disclose the information for this Action; 18 (b) the officers, directors, and employees (including House Counsel) of the 19 Receiving Party to whom disclosure is reasonably necessary for this Action; 20 (c) the Court and its personnel; 21 (d) court reporters and their staff; 22 (e) professional jury or trial consultants, mock jurors, and Professional 23 Vendors to whom disclosure is reasonably necessary for this Action and who have 24 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (f) the author or recipient of a document containing the information or a 26 custodian or other person who otherwise possessed or knew the information if 27 disclosure is reasonably necessary for this Action; 1 Action, to whom disclosure is reasonably necessary provided: (1) the deposing party 2 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 3 not be permitted to keep any confidential information unless they sign the 4 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 5 by the Designating Party or ordered by the Court. Pages of transcribed deposition 6 testimony or exhibits to depositions that reveal Protected Material may be separately 7 bound by the court reporter and may not be disclosed to anyone except as permitted 8 under this Stipulated Protective Order; 9 (h) any mediator or settlement officer, and their supporting personnel, 10 mutually agreed upon by any of the parties engaged in settlement discussions; and 11 (i) any Party to this Acton. 12 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 13 PRODUCED IN OTHER LITIGATION 14 If a Party is served with a subpoena or a court order issued in other litigation that 15 compels disclosure of any information or items designated in this Action as 16 “CONFIDENTIAL,” that Party must, unless prohibited by applicable law, rule or 17 regulation: 18 (a) promptly notify in writing the Designating Party. Such notification shall 19 include a copy of the subpoena or court order; 20 (b) promptly notify in writing the party who caused the subpoena or order to 21 issue in the other litigation that some or all of the material covered by the subpoena or 22 order is subject to this Protective Order. Such notification shall include a copy of this 23 Stipulated Protective Order; and 24 (c) cooperate with respect to all reasonable procedures sought to be pursued 25 by the Designating Party whose Protected Material may be affected. 26 If the Designating Party timely seeks a protective order, the Party served with the 27 subpoena or court order shall not produce any information designated in this action as 1 order issued, unless the Party has obtained the Designating Party’s permission. The 2 Designating Party shall bear the burden and expense of seeking protection in that court 3 of its confidential material and nothing in these provisions should be construed as 4 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 5 from another court. 6 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 7 PRODUCED IN THIS LITIGATION 8 (a) The terms of this Order are applicable to information produced by a Non- 9 Party in this Action and designated as “CONFIDENTIAL.” Such information produced 10 by Non-Parties in connection with this litigation is protected by the remedies and relief 11 provided by this Order. Nothing in these provisions should be construed as prohibiting 12 a Non-Party from seeking additional protections. 13 (b) In the event that a Party is required, by a valid discovery request, to 14 produce a Non-Party’s confidential information in its possession, and the Party is 15 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 16 information, then the Party shall: 17 (1) promptly notify in writing the Requesting Party and the Non-Party 18 that some or all of the information requested is subject to a confidentiality 19 agreement with a Non-Party; 20 (2) promptly provide the Non-Party with a copy of the Stipulated 21 Protective Order in this Action, the relevant discovery request(s), and a 22 reasonably specific description of the information requested; and 23 (3) make the information requested available for inspection by the Non- 24 Party, if requested. 25 (c) If the Non-Party fails to seek a protective order from this Court within 14 26 days of receiving the notice and accompanying information, the Receiving Party may 27 produce the Non-Party’s confidential information responsive to the discovery request. 1 any information in its possession or control that is subject to the confidentiality 2 agreement with the Non-Party before a determination by the Court. Absent a court order 3 to the contrary, the Non-Party shall bear the burden and expense of seeking protection 4 in this Court of its Protected Material. 5 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 6 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 7 Protected Material to any person or in any circumstance not authorized under this 8 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 9 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 10 all unauthorized copies of the Protected Material, (c) inform the person or persons to 11 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 12 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 13 that is attached hereto as Exhibit A. 14 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 15 OTHERWISE PROTECTED MATERIAL 16 When a Producing Party gives notice to Receiving Parties that certain 17 inadvertently produced material is subject to a claim of privilege or other protection, 18 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 19 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 20 may be established in an e-discovery order that provides for production without prior 21 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 22 parties reach an agreement on the effect of disclosure of a communication or 23 information covered by the attorney-client privilege or work product protection, the 24 parties may incorporate their agreement in the stipulated protective order submitted to 25 the Court. 26 12. MISCELLANEOUS 27 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 1 12.2 Right to Assert Other Objections. By stipulating to the entry of this 2 Protective Order, no Party waives any right it otherwise would have to object to 3 disclosing or producing any information or item on any ground not addressed in this 4 Stipulated Protective Order. Similarly, no Party waives any right to object on any 5 ground to use in evidence of any of the material covered by this Protective Order. 6 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 7 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 8 under seal pursuant to a court order authorizing the sealing of the specific Protected 9 Material at issue; good cause must be shown in the request to file under seal. If a Party’s 10 request to file Protected Material under seal is denied by the Court, then the Receiving 11 Party may file the information in the public record unless otherwise instructed by the 12 Court. 13 13. FINAL DISPOSITION 14 After the final disposition of this Action, within 60 days of a written request by 15 the Designating Party, each Receiving Party must return all Protected Material to the 16 Producing Party or destroy such material. As used in this subdivision, “all Protected 17 Material” includes all copies, abstracts, compilations, summaries, and any other format 18 reproducing or capturing any of the Protected Material. Whether the Protected Material 19 is returned or destroyed, the Receiving Party must submit a written certification to the 20 Producing Party (and, if not the same person or entity, to the Designating Party) by the 21 60 day deadline that (1) identifies (by category, where appropriate) all the Protected 22 Material that was returned or destroyed, and (2) affirms that the Receiving Party has not 23 retained any copies, abstracts, compilations, summaries or any other format reproducing 24 or capturing any of the Protected Material. Notwithstanding this provision, counsel are 25 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and 26 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 27 expert reports, attorney work product, and consultant and expert work product, even if 1 constitute Protected Material remain subject to this Protective Order as set forth in 2 Section 4 (DURATION). 3 14. VIOLATION OF ORDER 4 Any violation of this Order may be punished by any and all appropriate measures 5 including, without limitation, contempt proceedings and/or monetary sanctions. 6 7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 8 9 Dated: May 9, 2025 Respectfully submitted, 10 TROUTMAN PEPPER LOCKE LLP 11 By: /s/ Brian I. Hays 12 Brian I. Hays Randall A. Hack 13 Attorneys for Defendants Farmers 14 15 Dated: May 9, 2025 MILLER SHAH LLP 16 By: /s/ James C. Shah James C. Shah 17 Kolin C. Tang 18 Attorneys for Plaintiff Starling

19

20 Dated: May 9, 2025 BUTSCH ROBERTS & ASSOCIATES

LLC

21 By: /s/ Christopher E. Roberts 22 Christopher E. Roberts 23 Attorney for Plaintiff Starling

24

25 26 27 1 Dated: May 9, 2025 THE WEITZ FIRM, LLC 2 By: /s/ Max S. Morgan 3 Max S. Morgan 4 Attorney for Plaintiff Starling 5 6

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ATTESTATION 2 Pursuant to Local Rule 5-4.3.4(a)(2)(i), the filer attests that all other signatories 3 listed, and on whose behalf the filing is submitted, concur in the filing’s content and 4 have authorized the filing. 5 6 Dated: May 9, 2025 Respectfully submitted, 7 TROUTMAN PEPPER LOCKE LLP 8 By:/s/ Brian I. Hays 9 Brian I. Hays Randall A. Hack 10 Attorneys for Defendants Farmers 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 l ORDER 2 3 Having considered the papers, and finding that good cause exists, the Parties’ 4 || Stipulated Protective Order is GRANTED. 5 6 || Dated: May 12, 2025 men fi Plossnsrn 7 Honorable Karen L. Stevenson Chief United States Magistrate Judge 9 10 11

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