Case 2:21-cv-09217-FMO-RAO Document 84 Filed 10/31/22 Page 1 of 18 Page ID #:662

1 2 3 4 5 6 7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9 10 SIOBAHN CARROLL and ALAN Case No. 2:21-cv-09217-FMO-RAO 11 LUKEN, individually and on behalf 12 of all others similarly situated, STIPULATED PROTECTIVE

ORDER1

13 Plaintiffs, 14 v. 15

PROGRESSIVE SELECT

16 INSURANCE COMPANY, an Ohio Corporation, UNITED FINANCIAL 17 CASUALTY COMPANY, an Ohio 18 Corporation, 19 Defendants. 20 21 1. A. PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, 23 proprietary or private information for which special protection from public 24 disclosure and from use for any purpose other than prosecuting this litigation may 25 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 26 enter the following Stipulated Protective Order. The parties acknowledge that this 27 1 This Stipulated Protective Order is substantially based on the model protective 28 order provided under Magistrate Judge Rozella A. Oliver’s Procedures.

STIPULATED PROTECTIVE ORDER

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1 Order does not confer blanket protections on all disclosures or responses to 2 discovery and that the protection it affords from public disclosure and use extends 3 only to the limited information or items that are entitled to confidential treatment 4 under the applicable legal principles. 5 6 B. GOOD CAUSE STATEMENT 7 This action is likely to involve trade secrets, pricing, underwriting, actuarial 8 analysis, customer and pricing lists and other valuable research, development, 9 commercial, financial, technical and/or proprietary information for which special 10 protection from public disclosure and from use for any purpose other than 11 prosecution of this action is warranted. Such confidential and proprietary materials 12 and information consist of, among other things, confidential business or financial 13 information, information regarding confidential business practices, proprietary 14 training, marketing and sales information, operations and process information, 15 confidential and proprietary underwriting and pricing information, proprietary 16 internal systems, tools and data and/or other confidential research, development, or 17 commercial information (including information implicating privacy rights of third 18 parties), information otherwise generally unavailable to the public, or which may be 19 privileged or otherwise protected from disclosure under state or federal statutes, 20 court rules, case decisions, or common law. Accordingly, to expedite the flow of 21 information, to facilitate the prompt resolution of disputes over confidentiality of 22 discovery materials, to adequately protect information the parties are entitled to keep 23 confidential, to ensure that the parties are permitted reasonable necessary uses of 24 such material in preparation for and in the conduct of trial, to address their handling 25 at the end of the litigation, and serve the ends of justice, a protective order for such 26 information is justified in this matter. It is the intent of the parties that information 27 will not be designated as confidential for tactical reasons and that nothing be so 28 2

STIPULATED PROTECTIVE ORDER

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1 designated without a good faith belief that it has been maintained in a confidential, 2 non-public manner, and there is good cause why it should not be part of the public 3 record of this case. 4 5 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 6 The parties further acknowledge, as set forth in Section 12.3, below, that this 7 Stipulated Protective Order does not entitle them to file confidential information 8 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 9 and the standards that will be applied when a party seeks permission from the court 10 to file material under seal. 11 There is a strong presumption that the public has a right of access to judicial 12 proceedings and records in civil cases. In connection with non-dispositive motions, 13 good cause must be shown to support a filing under seal. See Kamakana v. City and 14 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors 15 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, 16 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 17 require good cause showing), and a specific showing of good cause or compelling 18 reasons with proper evidentiary support and legal justification, must be made with 19 respect to Protected Material that a party seeks to file under seal. The parties’ mere 20 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 21 without the submission of competent evidence by declaration, establishing that the 22 material sought to be filed under seal qualifies as confidential, privileged, or 23 otherwise protectable—constitute good cause. 24 Further, if a party requests sealing related to a dispositive motion or trial, then 25 compelling reasons, not only good cause, for the sealing must be shown, and the 26 relief sought shall be narrowly tailored to serve the specific interest to be protected. 27 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 28 3

STIPULATED PROTECTIVE ORDER

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1 each item or type of information, document, or thing sought to be filed or introduced 2 under seal in connection with a dispositive motion or trial, the party seeking 3 protection must articulate compelling reasons, supported by specific facts and legal 4 justification, for the requested sealing order. Again, competent evidence supporting 5 the application to file documents under seal must be provided by declaration. 6 Any document that is not confidential, privileged, or otherwise protectable in 7 its entirety will not be filed under seal if the confidential portions can be redacted. 8 If documents can be redacted, then a redacted version for public viewing, omitting 9 only the confidential, privileged, or otherwise protectable portions of the document 10 shall be filed. Any application that seeks to file documents under seal in their 11 entirety should include an explanation of why redaction is not feasible. 12 13 2. DEFINITIONS 14 2.1 Action: this pending federal lawsuit. 15 2.2 Challenging Party: a Party or Non-Party that challenges the 16 designation of information or items under this Order. 17 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 18 how it is generated, stored or maintained) or tangible things that qualify for 19 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 20 the Good Cause Statement. 21 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 22 their support staff). 23 2.5 Designating Party: a Party or Non-Party that designates information or 24 items that it produces in disclosures or in responses to discovery as 25 “CONFIDENTIAL.” 26 2.6 Disclosure or Discovery Material: all items or information, regardless 27 of the medium or manner in which it is generated, stored, or maintained (including, 28 4

STIPULATED PROTECTIVE ORDER

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1 among other things, testimony, transcripts, and tangible things) that are produced or 2 generated in disclosures or responses to discovery in this matter. 3 2.7 Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as 5 an expert witness or as a consultant in this Action. 6 2.8 House Counsel: attorneys who are employees of a party to this Action. 7 House Counsel does not include Outside Counsel of Record or any other outside 8 counsel. 9 2.9 Non-Party: any natural person, partnership, corporation, association or 10 other legal entity not named as a Party to this action. 11 2.10 Outside Counsel of Record: attorneys who are not employees of a 12 party to this Action but are retained to represent or advise a party to this Action and 13 have appeared in this Action on behalf of that party or are affiliated with a law firm 14 that has appeared on behalf of that party, and includes support staff. 15 2.11 Party: any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 2.13 Professional Vendors: persons or entities that provide litigation 21 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 and their employees and subcontractors. 24 2.14 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL.” 26 2.15 Receiving Party: a Party that receives Disclosure or Discovery 27 Material from a Producing Party. 28 5

STIPULATED PROTECTIVE ORDER

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1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or 4 extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9 10 4. DURATION 11 Once a case proceeds to trial, information that was designated as 12 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 13 as an exhibit at trial becomes public and will be presumptively available to all 14 members of the public, including the press, unless compelling reasons supported by 15 specific factual findings to proceed otherwise are made to the trial judge in advance 16 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 17 showing for sealing documents produced in discovery from “compelling reasons” 18 standard when merits-related documents are part of court record). Accordingly, the 19 terms of this protective order do not extend beyond the commencement of the trial. 20 21 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. 23 Each Party or Non-Party that designates information or items for protection under 24 this Order must take care to limit any such designation to specific material that 25 qualifies under the appropriate standards. The Designating Party must designate for 26 protection only those parts of material, documents, items or oral or written 27 communications that qualify so that other portions of the material, documents, items 28 6

STIPULATED PROTECTIVE ORDER

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1 or communications for which protection is not warranted are not swept unjustifiably 2 within the ambit of this Order. 3 Mass, indiscriminate or routinized designations are prohibited. Designations 4 that are shown to be clearly unjustified or that have been made for an improper 5 purpose (e.g., to unnecessarily encumber the case development process or to impose 6 unnecessary expenses and burdens on other parties) may expose the Designating 7 Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it 9 designated for protection do not qualify for protection, that Designating Party must 10 promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided in 12 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 13 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 14 under this Order must be clearly so designated before the material is disclosed or 15 produced. 16 Designation in conformity with this Order requires: 17 (a) for information in documentary form (e.g., paper or electronic 18 documents, but excluding transcripts of depositions or other pretrial or trial 19 proceedings), that the Producing Party affix at a minimum, the legend 20 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 21 contains protected material. If only a portion of the material on a page qualifies for 22 protection, the Producing Party also must clearly identify the protected portion(s) 23 (e.g., by making appropriate markings in the margins). 24 A Party or Non-Party that makes original documents available for inspection 25 need not designate them for protection until after the inspecting Party has indicated 26 which documents it would like copied and produced. During the inspection and 27 before the designation, all of the material made available for inspection shall be 28 7

STIPULATED PROTECTIVE ORDER

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1 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 2 documents it wants copied and produced, the Producing Party must determine which 3 documents, or portions thereof, qualify for protection under this Order. Then, 4 before producing the specified documents, the Producing Party must affix the 5 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 6 portion of the material on a page qualifies for protection, the Producing Party also 7 must clearly identify the protected portion(s) (e.g., by making appropriate markings 8 in the margins). 9 (b) for testimony given in depositions that the Designating Party identifies 10 the Disclosure or Discovery Material on the record, before the close of the 11 deposition all protected testimony or in writing any party or non-party may, within 12 thirty (30) days after receiving a deposition transcript, designate the transcript, 13 portions of the transcript or exhibits thereto as confidential. 14 (c) for information produced in some form other than documentary and 15 for any other tangible items, that the Producing Party affix in a prominent place on 16 the exterior of the container or containers in which the information is stored the 17 legend “CONFIDENTIAL.” If only a portion or portions of the information 18 warrants protection, the Producing Party, to the extent practicable, shall identify the 19 protected portion(s). 20 (d) for information produced in response to an interrogatory or other 21 discovery request, the response shall be provided in a separate document, appended 22 to the main body of responses and incorporated by reference therein. The response 23 to the interrogatory or discovery request in the main body of the responses should be 24 “Requests confidential information, see response in confidential addendum, which 25 response is incorporated fully herein by reference.” The Producing Party shall affix 26 the word “CONFIDENTIAL” to each page of the separate document appended to 27 the responses. 28 8

STIPULATED PROTECTIVE ORDER

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1 (e) for materials that exist only in digital format, the Producing Party shall 2 reference in the name of the file its confidential status. 3 5.3 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 10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 12 designation of confidentiality at any time that is consistent with the Court’s 13 Scheduling Order. 14 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 15 resolution process under Local Rule 37.1 et seq. 16 6.3 The burden of persuasion in any such challenge proceeding shall be on 17 the Designating Party. Frivolous challenges, and those made for an improper 18 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 19 parties) may expose the Challenging Party to sanctions. Unless the Designating 20 Party has waived or withdrawn the confidentiality designation, all parties shall 21 continue to afford the material in question the level of protection to which it is 22 entitled under the Producing Party’s designation until the Court rules on the 23 challenge. 24 25 7. ACCESS TO AND USE OF PROTECTED MATERIAL 26 7.1 Basic Principles. A Receiving Party may use Protected Material that is 27 disclosed or produced by another Party or by a Non-Party in connection with this 28 9

STIPULATED PROTECTIVE ORDER

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1 Action only for prosecuting, defending or attempting to settle this Action. Such 2 Protected Material may be disclosed only to the categories of persons and under the 3 conditions described in this Order. When the Action has been terminated, a 4 Receiving Party must comply with the provisions of section 13 below (FINAL 5 DISPOSITION). 6 Protected Material must be stored and maintained by a Receiving Party at a 7 location and in a secure manner that ensures that access is limited to the persons 8 authorized under this Order. 9 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 10 otherwise ordered by the court or permitted in writing by the Designating Party, a 11 Receiving Party may disclose any information or item designated 12 “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 14 well as employees of said Outside Counsel of Record to whom it is reasonably 15 necessary to disclose the information for this Action; 16 (b) the officers, directors, and employees (including House Counsel) of 17 the Receiving Party to whom disclosure is reasonably necessary for this Action; 18 (c) Experts (as defined in this Order) of the Receiving Party to whom 19 disclosure is reasonably necessary for this Action and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (d) the court and its personnel; 22 (e) court reporters and their staff; 23 (f) professional jury or trial consultants, mock jurors, and Professional 24 Vendors to whom disclosure is reasonably necessary for this Action and who have 25 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (g) the author or recipient of a document containing the information or a 27 custodian or other person who otherwise possessed or knew the information; 28 10

STIPULATED PROTECTIVE ORDER

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1 (h) during their depositions, witnesses, and attorneys for witnesses, in the 2 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 3 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 4 will not be permitted to keep any confidential information unless they sign the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 6 agreed by the Designating Party or ordered by the court. Pages of transcribed 7 deposition testimony or exhibits to depositions that reveal Protected Material may 8 be separately bound by the court reporter and may not be disclosed to anyone except 9 as permitted under this Stipulated Protective Order; and 10 (i) any mediator or settlement officer, and their supporting personnel, 11 mutually agreed upon by any of the parties engaged in settlement discussions. 12 13 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 14 IN OTHER LITIGATION 15 If a Party is served with a subpoena, a court order issued in other litigation or 16 request from a government entity or agency that compels disclosure of any 17 information or items designated in this Action as “CONFIDENTIAL,” that Party 18 must: 19 (a) promptly notify in writing the Designating Party. Such notification 20 shall include a copy of the subpoena or court order; 21 (b) promptly notify in writing the party who caused the subpoena or order 22 to issue in the other litigation that some or all of the material covered by the 23 subpoena or order is subject to this Protective Order. Such notification shall include 24 a copy of this Stipulated Protective Order; and 25 (c) cooperate with respect to all reasonable procedures sought to be 26 pursued by the Designating Party whose Protected Material may be affected. 27 If the Designating Party timely seeks a protective order, the Party served with 28 11

STIPULATED PROTECTIVE ORDER

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1 the subpoena or court order shall not produce any information designated in this 2 action as “CONFIDENTIAL” before a determination by the court from which the 3 subpoena or order issued, unless the Party has obtained the Designating Party’s 4 permission. The Designating Party shall bear the burden and expense of seeking 5 protection in that court of its confidential material and nothing in these provisions 6 should be construed as authorizing or encouraging a Receiving Party in this Action 7 to disobey a lawful directive from another court. 8 9 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 10 PRODUCED IN THIS LITIGATION 11 (a) The terms of this Order are applicable to information produced by a 12 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 13 produced by Non-Parties in connection with this litigation is protected by the 14 remedies and relief provided by this Order. Nothing in these provisions should be 15 construed as prohibiting a Non-Party from seeking additional protections. 16 (b) In the event that a Party is required, by a valid discovery request, to 17 produce a Non-Party’s confidential information in its possession, and the Party is 18 subject to an agreement with the Non-Party not to produce the Non-Party’s 19 confidential information, then the Party shall: 20 (1) promptly notify in writing the Requesting Party and the Non-Party 21 that some or all of the information requested is subject to a confidentiality 22 agreement with a Non-Party; 23 (2) promptly provide the Non-Party with a copy of the Stipulated 24 Protective Order in this Action, the relevant discovery request(s), and a reasonably 25 specific description of the information requested; and 26 (3) make the information requested available for inspection by the 27 Non-Party, if requested. 28 12

STIPULATED PROTECTIVE ORDER

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1 (c) If the Non-Party fails to seek a protective order from this court within 2 14 days of receiving the notice and accompanying information, the Receiving Party 3 may produce the Non-Party’s confidential information responsive to the discovery 4 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 5 not produce any information in its possession or control that is subject to the 6 confidentiality agreement with the Non-Party before a determination by the court. 7 Absent a court order to the contrary, the Non-Party shall bear the burden and 8 expense of seeking protection in this court of its Protected Material. 9 10 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 12 Protected Material to any person or in any circumstance not authorized under this 13 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 14 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 15 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 16 persons to whom unauthorized disclosures were made of all the terms of this Order, 17 and (d) request such person or persons to execute the “Acknowledgment and 18 Agreement to Be Bound” that is attached hereto as Exhibit A. 19 20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 21 PROTECTED MATERIAL 22 When a Producing Party gives notice to Receiving Parties that certain 23 inadvertently produced material is subject to a claim of privilege or other protection, 24 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 25 Procedure 26(b)(5)(B). The return or destruction of a document or materials over 26 which the Producing Party has asserted a claim of privilege, as set forth in Federal 27 Rule of Civil Procedure 26(b)(5)(B), shall be without prejudice to the Receiving 28 13

STIPULATED PROTECTIVE ORDER

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1 Party’s right to seek an order from the Court directing the production of the 2 document on the ground that the claimed privilege is invalid or inapplicable; 3 provided, however, that mere production of the document or information in the 4 course of this action shall not constitute grounds for asserting waiver of the 5 privilege. 6 In accordance with Federal Rule of Evidence 502(d), the production of any 7 documents in this proceeding shall not, for the purposes of this proceeding or any 8 other proceeding in any other forum, constitute a waiver by the Producing Party of 9 any privilege or protection applicable to those documents, including the attorney- 10 client privilege and the work product doctrine. 11 12 12. MISCELLANEOUS 13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 14 person to seek its modification by the Court in the future. 15 12.2 Right to Assert Other Objections. By stipulating to the entry of this 16 Protective Order, no Party waives any right it otherwise would have to object to 17 disclosing or producing any information or item on any ground not addressed in this 18 Stipulated Protective Order. Similarly, no Party waives any right to object on any 19 ground to use in evidence of any of the material covered by this Protective Order. 20 12.3 Filing Protected Material. A Party that seeks to file under seal any 21 Protected Material must comply with Local Civil Rule 79-5. Protected Material 22 may only be filed under seal pursuant to a court order authorizing the sealing of the 23 specific Protected Material at issue. If a Party’s request to file Protected Material 24 under seal is denied by the court, then the Receiving Party may file the information 25 in the public record unless otherwise instructed by the court. 26 /// 27 28 14

STIPULATED PROTECTIVE ORDER

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1 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 4, 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 5 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 9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 10 (by category, where appropriate) all the Protected Material that was returned or 11 destroyed and (2) affirms that the Receiving Party has not retained any copies, 12 abstracts, compilations, summaries or any other format reproducing or capturing any 13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 16 reports, attorney work product, and consultant and expert work product, even if such 17 materials contain Protected Material. Any such archival copies that contain or 18 constitute Protected Material remain subject to this Protective Order as set forth in 19 Section 4 (DURATION). 20 21 14. VIOLATION 22 Any violation of this Order may be punished by appropriate measures including, 23 without limitation, contempt proceedings and/or monetary sanctions. 24 /// 25 /// 26 27 28 15

STIPULATED PROTECTIVE ORDER

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1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 DATED: October 27, 2022 4 /s/ Paige L. Smith Ryan F. Stephan, IL State Bar No. 6273101* 5 rstephan@stephanzouras.com 6 James B. Zouras, IL State Bar No. 6230596* jzouras@stephanzouras.com 7 Teresa M. Becvar, IL State Bar No. 6312328* 8 tbecvar@stephanzouras.com Paige L. Smith, IL State Bar No. 6336780* 9 psmith@stephanzouras.com 10 STEPHAN ZOURAS, LLP 100 N. Riverside Plaza, Suite 2150 11 Chicago, IL 60606 12 Tel: (312) 233-1550 13 Asaf Agazanof (SBN 285043) 14 Asaf@lawasaf.com

ASAF LAW APC

15 2330 Westwood Blvd., Second Floor 16 Los Angeles, CA 90064 Tel: (424) 254-8870 17 18 Manfred P. Muecke (SBN 222893) mmuecke@manfredapc.com 19

MANFRED, APC

20 600 West Broadway, Suite 700 San Diego, CA 92101 21 Tel: (619) 550-4005 22 Robert L. Schug (SBN 249640) 23 schug@nka.com 24 NICHOLS KASTER, PLLP 80 S. 8th Street, Ste. 4700 25 Minneapolis, MN, 55402 26 Tel: (612) 256-3200 27 28 16

STIPULATED PROTECTIVE ORDER

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1 David R. Markham (SBN 71814) dmarkham@markham-law.com 2 || The Markham Law Firm 3 || 8910 University Center Lane, Suite 400 San Diego, CA 92122 4 || Tel: (619) 399-3995 ° Attomeys for Plaintiffs SIOBHAN CARROLL and 6 || ALAN LUKEN and the putative class g DATED: October 27, 2022 9 /s/ Amanda Villalobos Amanda Villalobos 10 || TUCKER ELLIS LLP 11 || Amanda. villalobos@tuckerellis.com 515 South Flower Street, Forty Second Floor 12 || Los Angeles, CA 90071 13. || Tel: (213) 430-3395 14 || Kymberly Kochis 15 || EVERSHEDS SUTHERLAND (US) LLP kymkochis@eversheds-sutherland.com 16 || 1114 Avenue of the Americas, 40" Floor 17_ || New York, NY 10036 Telephone: (212) 389-5000 1g || Facsimile: (212) 389-5099 19 Attorneys for Defendants PROGRESSIVE SELECT INSURANCE COMPANY and UNITED FINANCIAL CASUALTY COMPANY 20 21 97 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 23 Raytis . QC 04 DATED:_ October 31, 2022

HON. ROZELLA A. OLIVER

25 United States Magistrate Judge 26 27 28 17

STIPULATED PROTECTIVE ORDER

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1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on [date] in the case of Carroll, et al v. Progressive Casualty Insurance Company, 8 et. al. I agree to comply with and to be bound by all the terms of this Stipulated 9 Protective Order and I understand and acknowledge that failure to so comply could 10 expose me to sanctions and punishment in the nature of contempt. I solemnly 11 promise that I will not disclose in any manner any information or item that is subject 12 to this Stipulated Protective Order to any person or entity except in strict compliance 13 with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 Central District of California for enforcing the terms of this Stipulated Protective 16 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 full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective 21 Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28

EXHIBIT A