Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 1 of 17 Page ID #:233

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9

CENTRAL DISTRICT OF CALIFORNIA

10

SOUTHERN DIVISION

11 SHAYNA COCHE and CEDRIC Case No.: 8:21-cv-00372-CJC-JDE 12

COCHE,

13 Plaintiffs,

STIPULATED PROTECTIVE

14 v. ORDER 15 16 UNITED WHOLESALE MORTGAGE, LLC and UNITED SHORE 17 FINANCIAL SERVICES, LLC, 18 Defendants. 19 20 Based on the parties Stipulation (Dkt. 31) and for good cause shown, the 21 Court finds and orders as follows. 22 1. PURPOSES AND LIMITATIONS 23 Discovery in this action is likely to involve production of confidential, 24 proprietary or private information for which special protection from public 25 disclosure and from use for any purpose other than pursuing this litigation may be 26 warranted. Accordingly, Plaintiffs SHAYNA COCHE and CEDRIC COCHE and 27 Defendant UNITED WHOLESALE MORTGAGE, LLC (formerly known as 28 UNITED SHORE FINANCIAL SERVICES, LLC) (together, the “parties”) hereby Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 2 of 17 Page ID #:234

1 stipulate to and petition the Court to enter the following Stipulated Protective Order. 2 The parties acknowledge that this Order does not confer blanket protections on all 3 disclosures or responses to discovery and that the protection it affords from public 4 disclosure and use extends only to the limited information or items that are entitled 5 to confidential treatment under the applicable legal principles. 6 2. GOOD CAUSE STATEMENT 7 This action is likely to involve individual-identifying information, financial 8 statistics, and other valuable research, development, commercial, financial, 9 technical, and/or proprietary information for which special protection from public 10 disclosure and from use for any purpose other than prosecution of this action is 11 warranted. Such confidential and proprietary materials and information consist of, 12 among other things, confidential business or personal financial information, 13 information regarding confidential business practices, or other confidential research, 14 development, or commercial information (including information implicating privacy 15 rights of third parties), information otherwise generally unavailable to the public, or 16 which may be privileged or otherwise protected from disclosure under state or 17 federal statutes, court rules, case decisions, or common law. 18 Accordingly, to expedite the flow of information, to facilitate the prompt 19 resolution of disputes over confidentiality of discovery materials, to adequately 20 21 protect information the parties are entitled to keep confidential, to ensure that the 22 parties are permitted reasonable necessary uses of such material in preparation for 23 and in the conduct of trial, to address their handling at the end of the litigation, and 24 serve the ends of justice, a protective order for such information is justified in this 25 matter. It is the intent of the parties that information will not be designated as 26 confidential for tactical reasons and that nothing be so designated without a good 27 faith belief that it has been maintained in a confidential, non-public manner, and 28 there is good cause why it should not be part of the public record of this case. 2 Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 3 of 17 Page ID #:235

1 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 2 The parties further acknowledge, as set forth in Section 14.3, below, that this 3 Stipulated Protective Order does not entitle them to file confidential information 4 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 5 and the standards that will be applied when a party seeks permission from the court 6 to file material under seal. There is a strong presumption that the public has a right 7 of access to judicial proceedings and records in civil cases. In connection with non- 8 dispositive motions, good cause must be shown to support a filing under seal. See 9 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), 10 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar- 11 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even 12 stipulated protective orders require good cause showing), and a specific showing of 13 good cause or compelling reasons with proper evidentiary support and legal 14 justification, must be made with respect to Protected Material that a party seeks to 15 file under seal. The parties’ mere designation of Disclosure or Discovery Material 16 as CONFIDENTIAL OR “ATTORNEYS’ EYES ONLY” does not— without the 17 submission of competent evidence by declaration, establishing that the material 18 sought to be filed under seal qualifies as confidential, privileged, or otherwise 19 protectable—constitute good cause. 20 21 Further, if a party requests sealing related to a dispositive motion or trial, then 22 compelling reasons, not only good cause, for the sealing must be shown, and the 23 relief sought shall be narrowly tailored to serve the specific interest to be protected. 24 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For 25 each item or type of information, document, or thing sought to be filed or introduced 26 under seal, the party seeking protection must articulate compelling reasons, 27 supported by specific facts and legal justification, for the requested sealing order. 28 3 Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 4 of 17 Page ID #:236

1 Again, competent evidence supporting the application to file documents under seal 2 must be provided by declaration. 3 Any document that is not confidential, privileged, or otherwise protectable in 4 its entirety will not be filed under seal if the confidential portions can be redacted. If 5 documents can be redacted, then a redacted version for public viewing, omitting only 6 the confidential, privileged, or otherwise protectable portions of the document, shall 7 be filed. Any application that seeks to file documents under seal in their entirety 8 should include an explanation of why redaction is not feasible. 9 4. DEFINITIONS 10 4.1 Action: the above-captioned pending federal lawsuit. 11 4.2 Challenging Party: a Party or Non-Party that challenges the 12 designation of information or items under this Order. 13 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 14 how it is generated, stored or maintained) or tangible things that qualify for 15 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 16 the Good Cause Statement. 17 4.4 “ATTORNEYS’ EYES ONLY” Information or Items: Disclosure or 18 Discovery Material that is extremely confidential and/or sensitive in nature, 19 disclosure of which to another Party or Non-Party the Producing Party reasonably 20 21 believes is likely to cause economic harm or competitive disadvantage to the 22 Producing Party, is highly personal non-public information, or will otherwise 23 compromise or jeopardize the Producing Party’s business interests or the privacy 24 interests of third parties. The parties agree that the following information, if non- 25 public, shall be rebuttably presumed to merit the “ATTORNEYS’ EYES ONLY” 26 designation: trade secrets, financial data, business plans, documents concerning 27 transactions between United Wholesale Mortgage, LLC (formerly known as United 28 Shore Financial Services, LLC) and loan applicants other than Plaintiffs herein, 4 Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 5 of 17 Page ID #:237

1 employee information, and other non-public information of similar competitive and 2 business sensitivity. 3 4.5 Counsel: Outside Counsel of Record and House Counsel (as well as 4 their support staff). 5 4.6 Designating Party: a Party or Non-Party that designates information or 6 items that it produces in disclosures or in responses to discovery as 7 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” 8 4.7 Disclosure or Discovery Material: all items or information, regardless 9 of the medium or manner in which it is generated, stored, or maintained (including, 10 among other things, testimony, transcripts, and tangible things), that are produced or 11 generated in disclosures or responses to discovery. 12 4.8 Expert: a person with specialized knowledge or experience in a matter 13 pertinent to the litigation who has been retained by a Party or its counsel to serve as 14 an expert witness or as a consultant in this Action. 15 4.9 House Counsel: attorneys who are employees of a party to this Action. 16 House Counsel does not include Outside Counsel of Record or any other outside 17 counsel. 18 4.10 Non-Party: any natural person, partnership, corporation, association or 19 other legal entity not named as a Party to this action. 20 21 4.11 Outside Counsel of Record: attorneys who are not employees of a party 22 to this Action but are retained to represent a party to this Action and have appeared 23 in this Action on behalf of that party or are affiliated with a law firm that has 24 appeared on behalf of that party, and includes support staff. 25 4.12 Party: any party to this Action, including all of its officers, directors, 26 employees, consultants, retained experts, in-house counsel, and Outside Counsel of 27 Record (and their support staffs). 28 5 Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 6 of 17 Page ID #:238

1 4.13 Producing Party: a Party or Non-Party that produces Disclosure or 2 Discovery Material in this Action. 3 4.14 Professional Vendors: persons or entities that provide litigation support 4 services (e.g., photocopying, videotaping, translating, preparing exhibits or 5 demonstrations, and organizing, storing, or retrieving data in any form or medium) 6 and their employees and subcontractors. 7 4.15 Protected Material: any Disclosure or Discovery Material that is 8 designated as “CONFIDENTIAL” OR “ATTORNEYS’ EYES ONLY.” 9 4.16 Receiving Party: a Party that receives Disclosure or Discovery 10 Material from a Producing Party. 11 5. SCOPE 12 The protections conferred by this Stipulation and Order cover not only 13 Protected Material (as defined above), but also (1) any information copied or 14 extracted from Protected Material; (2) all copies, excerpts, summaries, or 15 compilations of Protected Material; and (3) any testimony, conversations, or 16 presentations by Parties or their Counsel that might reveal Protected Material. 17 Any use of Protected Material at trial shall be governed by the orders of the 18 trial judge and other applicable authorities. This Order does not govern the use of 19 Protected Material at trial. 20 21 6. DURATION 22 Once a case proceeds to trial, information that was designated as 23 CONFIDENTIAL or ATTORNEYS’ EYES ONLY or maintained pursuant to this 24 protective order used or introduced as an exhibit at trial becomes public and will be 25 presumptively available to all members of the public, including the press, unless 26 compelling reasons supported by specific factual findings to proceed otherwise are 27 made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 28 (distinguishing “good cause” showing for sealing documents produced in discovery 6 Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 7 of 17 Page ID #:239

1 from “compelling reasons” standard when merits-related documents are part of court 2 record). Accordingly, the terms of this protective order do not extend beyond the 3 commencement of the trial. 4 7. DESIGNATING PROTECTED MATERIAL 5 7.1 Exercise of Restraint and Care in Designating Material for Protection. 6 Each Party or Non-Party that designates information or items for protection 7 under this Order must take care to limit any such designation to specific material 8 that qualifies under the appropriate standards. The Designating Party must designate 9 for protection only those parts of material, documents, items or oral or written 10 communications that qualify so that other portions of the material, documents, items 11 or communications for which protection is not warranted are not swept unjustifiably 12 within the ambit of this Order. 13 Mass, indiscriminate, or routinized designations are prohibited. Designations 14 that are shown to be clearly unjustified or that have been made for an improper 15 purpose (e.g., to unnecessarily encumber the case development process or to impose 16 unnecessary expenses and burdens on other parties) may expose the Designating 17 Party to sanctions. 18 If it comes to a Designating Party’s attention that information or items that it 19 designated for protection do not qualify for protection, that Designating Party must 20 21 promptly notify all other Parties that it is withdrawing the inapplicable designation. 22 7.2 Manner and Timing of Designations. Except as otherwise provided in 23 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 24 that qualifies for protection under this Order must be clearly so designated before 25 the material is disclosed or produced. 26 Designation in conformity with this Order requires: 27 (a) for information in documentary form (e.g., paper or electronic 28 documents, but excluding transcripts of depositions or other pretrial or trial 7 Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 8 of 17 Page ID #:240

1 proceedings), that the Producing Party affix at a minimum, the legend 2 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” (hereinafter 3 “CONFIDENTIAL legend” and “ATTORNEYS’ EYES ONLY legend,” 4 respectively), to each page that contains protected material. If only a portion of the 5 material on a page qualifies for protection, the Producing Party also must clearly 6 identify the protected portion(s) (e.g., by making appropriate markings in the 7 margins). 8 A Party or Non-Party that makes original documents available for inspection 9 need not designate them for protection until after the inspecting Party has indicated 10 which documents it would like copied and produced. During the inspection and 11 before the designation, all of the material made available for inspection shall be 12 deemed “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” After the 13 inspecting Party has identified the documents it wants copied and produced, the 14 Producing Party must determine which documents, or portions thereof, qualify for 15 protection under this Order. Then, before producing the specified documents, the 16 Producing Party must affix the “CONFIDENTIAL legend” or “ATTORNEYS’ 17 EYES ONLY legend” to each page that contains Protected Material. If only a portion 18 of the material on a page qualifies for protection, the Producing Party also must 19 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 20 21 margins). 22 (b) for testimony given in depositions in which the Designating Party 23 identifies the Disclosure or Discovery Material on the record, within 15 days after 24 the close of the deposition all protected testimony shall be identified . 25 (c) for information produced in some form other than documentary and 26 for any other tangible items, that the Producing Party affix in a prominent place on 27 the exterior of the container or containers in which the information is stored the 28 legend “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” If only a portion or 8 Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 9 of 17 Page ID #:241

1 portions of the information warrants protection, the Producing Party, to the extent 2 practicable, shall identify the protected portion(s). 3 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 4 failure to designate qualified information or items does not, standing alone, waive 5 the Designating Party’s right to secure protection under this Order for such material. 6 Upon timely correction of a designation, the Receiving Party must make reasonable 7 efforts to assure that the material is treated in accordance with the provisions of this 8 Order. 9 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 10 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 11 designation of confidentiality at any time that is consistent with the Court’s 12 Scheduling Order. 13 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 14 resolution process under Local Rule 37-1 et seq. 15 16 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 17 joint stipulation pursuant to Local Rule 37-2. 18 8.4 The burden of persuasion in any such challenge proceeding shall be on 19 the Designating Party. Frivolous challenges, and those made for an improper 20 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 21 parties) may expose the Challenging Party to sanctions. Unless the Designating Party 22 has waived or withdrawn the confidentiality designation, all parties shall continue to 23 afford the material in question the level of protection to which it is entitled under the 24 25 Producing Party’s designation until the Court rules on the challenge. 26

27

28 9 Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 10 of 17 Page ID #:242

1 9. ACCESS TO AND USE OF PROTECTED MATERIAL 2 9.1 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 4 Action only for prosecuting, defending or attempting to settle this Action. Such 5 Protected Material may be disclosed only to the categories of persons and under the 6 conditions described in this Order. When the Action has been terminated, a 7 Receiving Party must comply with the provisions of section 15 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 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 13 otherwise ordered by the court or permitted in writing by the Designating Party, a 14 Receiving Party may disclose any information or item designated 15 “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 17 well as employees of said Outside Counsel of Record to whom it is reasonably 18 necessary to disclose the information for this Action; 19 (b) the officers, directors, and employees (including in-house counsel) 20 21 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 22 (c) Experts (as defined in this Order) of the Receiving Party to whom 23 disclosure is reasonably necessary for this Action and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (d) the court and its personnel; 26 (e) court reporters and their staff; 27 28 10 Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 11 of 17 Page ID #:243

1 (f) professional jury or trial consultants, mock jurors, and Professional 2 Vendors to whom disclosure is reasonably necessary for this Action and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or 5 a custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses, and attorneys for witnesses, in 7 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 8 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 9 they will not be permitted to keep any confidential information unless they sign the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 11 agreed by the Designating Party or ordered by the court. Pages of transcribed 12 deposition testimony or exhibits to depositions that reveal Protected Material may 13 be separately bound by the court reporter and may not be disclosed to anyone except 14 as permitted under this Stipulated Protective Order; and 15 (i) any mediators or settlement officers and their supporting personnel, 16 mutually agreed upon by any of the parties engaged in settlement discussions. 17 9.3 Disclosure of “ATTORNEYS’ EYES ONLY” Information or Items. 18 Unless otherwise ordered by the court or permitted in writing by the Designating 19 Party, any information or item designated “ATTORNEYS’ EYES ONLY” may only 20 21 be disclosed to: 22 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 23 well as employees of said Outside Counsel of Record to whom it is reasonably 24 necessary to disclose the information for this Action; 25 (b) Experts (as defined in this Order) of the Receiving Party to whom 26 disclosure is reasonably necessary for this Action and who have signed the 27 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 28 (c) the court and its personnel; 11 Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 12 of 17 Page ID #:244

1 (d) court reporters and their staff; 2 (e) professional jury or trial consultants, mock jurors, and Professional 3 Vendors to whom disclosure is reasonably necessary for this Action and who have 4 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 5 (f) the author or recipient of a document containing the information or 6 a custodian or other person who otherwise possessed or knew the information; 7 (g) during their depositions, witnesses, and attorneys for witnesses, in 8 the Action to whom disclosure is reasonably necessary provided: (1) the document 9 may not be provided to the witness if he, she, or it is a Receiving Party who did not 10 designate the document and the producing Party designated the document; (2) the 11 deposing party requests that the witness sign the form attached as Exhibit A hereto; 12 (3) the non-designating Party (or Parties) leaves the deposition while questioning 13 proceeds and returns only when questioning on the document ends; and (4) they will 14 not be permitted to keep any confidential information, unless otherwise agreed by 15 the Designating Party or ordered by the court. Pages of transcribed deposition 16 testimony or exhibits to depositions that reveal Protected Material may be separately 17 bound by the court reporter and may not be disclosed to anyone except as permitted 18 under this Stipulated Protective Order; and 19 (h) any mediators or settlement officers and their supporting personnel, 20 21 mutually agreed upon by any of the parties engaged in settlement discussions. 22 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED

PRODUCED IN OTHER LITIGATION

23

24 If a Party is served with a subpoena or a court order issued in other litigation 25 that compels disclosure of any information or items designated in this Action as 26 “CONFIDENTIAL” OR “ATTORNEYS’ EYES ONLY,” that Party must: 27 (a) promptly notify in writing the Designating Party. Such notification 28 shall include a copy of the subpoena or court order; 12 Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 13 of 17 Page ID #:245

1 (b) promptly notify in writing the party who caused the subpoena or 2 order to issue in the other litigation that some or all of the material covered by the 3 subpoena or order is subject to this Protective Order. Such notification shall include 4 a copy of this Stipulated Protective Order; and 5 (c) cooperate with respect to all reasonable procedures sought to be 6 pursued by the Designating Party whose Protected Material may be affected. If the 7 Designating Party timely seeks a protective order, the Party served with the 8 subpoena or court order shall not produce any information designated in this action 9 as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a determination 10 11 by the court from which the subpoena or order issued, unless the Party has obtained 12 the Designating Party’s permission. The Designating Party shall bear the burden and 13 expense of seeking protection in that court of its confidential material and nothing 14 in these provisions should be construed as authorizing or encouraging a Receiving 15 Party in this Action to disobey a lawful directive from another court. 16 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 17 BE PRODUCED IN THIS LITIGATION 18 (a) The terms of this Order are applicable to information produced by a 19 Non-Party in this Action and designated as “CONFIDENTIAL” or “ATTORNEYS’ 20 EYES ONLY.” Such information produced by Non-Parties in connection with this 21 litigation is protected by the remedies and relief provided by this Order. Nothing in 22 these provisions should be construed as prohibiting a Non-Party from seeking 23 additional protections. 24 25 (b) In the event that a Party is required, by a valid discovery request, to 26 produce a Non-Party’s confidential information in its possession, and the Party is 27 subject to an agreement with the Non-Party not to produce the Non-Party’s 28 confidential information, then the Party shall: 13 Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 14 of 17 Page ID #:246

1 (1) promptly notify in writing the Requesting Party and the Non-Party 2 that some or all of the information requested is subject to a confidentiality agreement 3 with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Stipulated 5 Protective Order in this Action, the relevant discovery request(s), and a reasonably 6 specific description of the information requested; and 7 (3) make the information requested available for inspection by the Non- 8 Party, if requested. 9 (c) If the Non-Party fails to seek a protective order from this court 10 within 14 days of receiving the notice and accompanying information, the Receiving 11 Party may produce the Non-Party’s confidential information responsive to the 12 discovery request. If the Non-Party timely seeks a protective order, the Receiving 13 Party shall not produce any information in its possession or control that is subject to 14 the confidentiality agreement with the Non-Party before a determination by the 15 court. Absent a court order to the contrary, the Non-Party shall bear the burden and 16 expense of seeking protection in this court of its Protected Material. 17 12. UNAUTHORIZED DISCLOSURE OF PROTECTED 18

MATERIAL

19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 20 21 Protected Material to any person or in any circumstance not authorized under this 22 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 23 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 24 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 25 or persons to whom unauthorized disclosures were made of all the terms of this 26 Order, and (d) request such person or persons to execute the “Acknowledgment an 27 Agreement to Be Bound” attached hereto as Exhibit A. 28 14 Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 15 of 17 Page ID #:247

1 13. INADVERTENT PRODUCTION OF PRIVILEGED OR

OTHERWISE PROTECTED MATERIAL

2

3 When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other protection, 5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 7 may be established in an e-discovery order that provides for production without prior 8 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 9 parties reach an agreement on the effect of disclosure of a communication or 10 information covered by the attorney-client privilege or work product protection, the 11 parties may incorporate their agreement in the stipulated protective order submitted 12 to the court. 13 14. MISCELLANEOUS 14 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 15 person to seek its modification by the Court in the future. 16 14.2 Right to Assert Other Objections. By stipulating to the entry of this 17 Protective Order, no Party waives any right it otherwise would have to object to 18 disclosing or producing any information or item on any ground not addressed in this 19 Stipulated Protective Order. Similarly, no Party waives any right to object on any 20 21 ground to use in evidence of any of the material covered by this Protective Order. 22 14.3 Filing Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 24 only be filed under seal pursuant to a court order authorizing the sealing of the 25 specific Protected Material. If a Party’s request to file Protected Material under seal 26 is denied by the court, then the Receiving Party may file the information in the public 27 record unless otherwise instructed by the court. 28 15 Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page16o0f17 Page ID #:248

1 15. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 6, within 60 3 || days of a written request by the Designating Party, each Receiving Party must return 4 || all Protected Material to the Producing Party or destroy such material. As used in > || this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 6 summaries, and any other format reproducing or capturing any of the Protected 7 || Material. Whether the Protected Material is returned or destroyed, the Receiving 8 Party must submit a written certification to the Producing Party (and, if not the same ° person or entity, to the Designating Party) by the 60-day deadline that (1) identifies "0 (by category, where appropriate) all the Protected Material that was returned or " destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing any 4 of the Protected Material. Notwithstanding this provision, Counsel are entitled to

5 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 16 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 17 || Teports, attorney work product, and consultant and expert work product, even if such 18 materials contain Protected Material. Any such archival copies that contain or 19 Constitute Protected Material remain subject to this Protective Order as set forth in 29 || Section 6 (DURATION). 7] 16. VIOLATION 22 Any violation of this Order may be punished by appropriate measures 23 |{including, without limitation, contempt proceedings and/or monetary sanctions. 24 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 25 || Dated: February 22, 2022 Hf 26 27 wt’ 3g ed States Magistrate Judge

16

Case 8:21-cv-00372-CJC-JDE Document 32 Filed 02/22/22 Page 17 of 17 Page ID #:249

1 EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2

3 I, _________________, [print or type full name], of 4 ______________________________________________ [print or type full name], 5 declare under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for 7 the Central District of California in the case of Shayna Coche, et al. v. United 8 Wholesale Mortgage, LLC et al., Case No. 8:21-cv-00372-CJC-JDE. I agree to 9 comply with and to be bound by all the terms of this Stipulated Protective Order and 10 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 12 in any manner of information or item that is subject to this Stipulated Protective 13 Order to any person or entity except in strict compliance with the provisions of this 14 Order. I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. 18 I hereby appoint ______________________ [print or type full name] of 19 ______________________________ [print or type full address and telephone 20 21 number] as my California agent for service of process in connection with this action 22 or any proceedings related to enforcement of this Stipulated Protective Order. 23 Date: _______________________________________ 24 City and State where sworn and signed: ____________________________ 25 Printed name: _________________________________ [printed name] 26

27 Signature: ____________________________________ [signature] 28 17