Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 1 of 20 Page ID #:665

1 Vivian I. Orlando (SBN 213833) 2 VOrlando@maynardcooper.com

MAYNARD COOPER & GALE PC

3 10100 Santa Monica Boulevard, Ste 550 4 Los Angeles, CA 90067 Telephone: 310-596-4500 5 Facsimile: 205-254-1999 6 Jarrett E. Ganer * 7 jarrett.ganer@mhllp.com 8 Hutson B. Smelley * hutson.smelley@mhllp.com 9 Micah A. Grodin* 10 micah.grodin@mhllp.com

MCDOWELL HETHERINGTON LLP

11 1001 Fannin Street, Ste 2400 12 Houston, TX 77002 Telephone: 713-337-5580 13 Facsimile: 713-337-8850 14 * Admitted pro hac vice 15 Attorneys for Defendant 16 TRANSAMERICA

LIFE INSURANCE COMPANY

17 18 19 UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

20 21 Case No. 2:22-cv-05724-SPG (ASx)

JASON BOUTROS,

22 PROTECTIVE ORDER Plaintiff, 23 [Discovery Matter Referred to Judge Sagar] 24 v. Judge: Hon. Sherilyn Peace Garnett 25 TRANSAMERICA LIFE Magistrate Judge: Hon. Alka Sagar 26 INSURANCE COMPANY, Defendant. 27 28 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 2 of 20 Page ID #:666

1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this Action is likely to involve production of confidential, 3 proprietary, actuarial, business, technical, and financial information of Plaintiff Jason 4 Boutros and Defendant Transamerica Life Insurance Company (“TLIC”), or private 5 information for which special protection from public disclosure and from use for any 6 purpose other than prosecuting this litigation may be warranted. Accordingly, the 7 Parties hereby stipulate to and petition the Court to enter the following Stipulated 8 Protective Order (“Order”). The Parties acknowledge that this Order does not confer 9 blanket protections on all disclosures or responses to discovery and that the 10 protection it affords from public disclosure and use extends only to the limited 11 information or items that are entitled to confidential treatment under the applicable 12 legal principles. 13 B. GOOD CAUSE STATEMENT 14 This Action is likely to involve trade secrets, insured individuals’ medical 15 data, customer and pricing lists and other valuable research, development, 16 commercial, financial, technical, and/or proprietary information for which special 17 protection from public disclosure and from use for any purpose other than 18 prosecution of this action is warranted. Such confidential and proprietary materials 19 and information consist of, among other things, confidential business or financial 20 information, information regarding confidential business practices, or other 21 confidential research, development, or commercial information (including 22 information implicating privacy rights of third parties), information otherwise 23 generally unavailable to the public, or which may be privileged or otherwise 24 protected from disclosure under state or federal statutes, court rules, case decisions, 25 or common law. Accordingly, to expedite the flow of information, to facilitate the 26 prompt resolution of disputes over confidentiality of discovery materials, to 27 adequately protect information the parties are entitled to keep confidential, to ensure 28 that the Parties are permitted reasonable necessary uses of such material in 2 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 3 of 20 Page ID #:667

1 preparation for and in the conduct of discovery and trial, to address their handling at 2 the end of the litigation, and serve the ends of justice, a protective order for such 3 information is justified in this matter. It is the intent of the parties that information 4 will not be designated as confidential for tactical reasons and that nothing be so 5 designated without a good faith belief that it has been maintained in a confidential, 6 non-public manner, and there is good cause why it should not be part of the public 7 record of this case. 8 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 9 The Parties further acknowledge, as set forth in Section 12.3, below, that this 10 Order does not entitle them to file confidential information under seal; Local Civil 11 Rule 79-5 and the Court’s Standing Order [ECF 11] set forth the procedures that 12 must be followed and the standards that will be applied when a Party seeks 13 permission from the court to file material under seal. 14 There is a strong presumption that the public has a right of access to judicial 15 proceedings and records in civil cases. In connection with non-dispositive motions, 16 good cause must be shown to support a filing under seal. See Kamakana v. City and 17 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 18 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 19 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 20 good cause showing). A specific showing of good cause or compelling reasons with 21 proper evidentiary support and legal justification, must be made with respect to 22 Protected Material that a Party seeks to file under seal. The Party’s mere designation 23 of Disclosure or Discovery Material as “CONFIDENTIAL” does not—without the 24 submission of competent evidence by declaration, establishing that the material 25 sought to be filed under seal qualifies as confidential, privileged, or otherwise 26 protectable—constitute good cause. 27 Further, if a Party requests sealing related to a dispositive motion or trial, then 28 compelling reasons, not only good cause, for the sealing must be shown, and the 3 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 4 of 20 Page ID #:668

1 relief sought shall be narrowly tailored to serve the specific interest to be protected. 2 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each 3 item or type of information, document, or thing sought to be filed or introduced under 4 seal in connection with discovery, a dispositive motion, or trial, the Party seeking 5 protection must articulate compelling reasons, supported by specific facts and legal 6 justification, for the requested sealing order. Again, competent evidence supporting 7 the application to file documents under seal must be provided by declaration. 8 Any document that is not confidential, privileged, or otherwise protectable in 9 its entirety will not be filed under seal if the confidential portions can be redacted. If 10 documents can be redacted, then a redacted version for public viewing, omitting only 11 the confidential, privileged, or otherwise protectable portions of the document, shall 12 be filed. Any application that seeks to file documents under seal in their entirety 13 should include an explanation of why redaction is not feasible. 14 2. DEFINITIONS 15 2.1 Acknowledgement: The “Acknowledgement and Agreement to be 16 Bound” form attached as Exhibit A to this Order. 17 2.2 Action: Boutros v. Transamerica Life Insurance Company, Case No. 18 2:22-cv-05724-SPG-AS. 19 2.3 Challenging Party: A Party or Non-Party that challenges the designation 20 of information or items under this Order. 21 2.4 “CONFIDENTIAL” Information or Items: Confidential proprietary or 22 commercially sensitive business and financial information, trade secrets, and personal 23 information which is not generally known or publicly available and which the 24 Designating Party would not normally reveal to a third party or information that 25 otherwise meets the standard for protection set forth in Rule 26(c) of the Federal Rules 26 of Civil Procedure. It is the intent of the Parties that information will not be designated 27 as confidential for tactical reasons and that nothing be so designated without a good 28 faith belief that it has been maintained in a confidential non-public manner, and there 4 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 5 of 20 Page ID #:669

1 is good cause why it should not be part of the public record of this Action. 2 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their 3 support staff). 4 2.6 Designating Party: A Party or Non-Party that designates information or 5 items that it produces in disclosures or in responses to discovery as 6 “CONFIDENTIAL.” 7 2.7 Disclosure or Discovery Material: All items or information, regardless 8 of the medium or manner in which it is generated, stored, or maintained (including, 9 among other things, testimony, transcripts, and tangible things), that are produced or 10 generated in disclosures or responses to discovery in this matter. 11 2.8 Expert: A person with specialized knowledge or experience in a matter 12 pertinent to the Action who has been retained by a Party or its Counsel to serve as 13 an expert witness or as a consultant in this Action and who is not a past or current 14 employee of a Party and who, at the time of retention, is not anticipated to become 15 an employee of a Party. This definition includes a professional jury or trial consultant 16 retained in connection with this Action. 17 2.9 House Counsel: Attorneys who are employees of a Party, any affiliate 18 thereof, or of an entity that owns an interest in a Party and is responsible for 19 controlling, directing, or advising on the Action. House Counsel does not include 20 Outside Counsel of Record or any other outside counsel. 21 2.10 Non-Party: Any natural person, partnership, corporation, association, or 22 other legal entity not named as a Party to this action. 23 2.11 Outside Counsel of Record: Attorneys who are not employees of a Party 24 to this Action but who are retained to represent or advise a Party to this Action and 25 have appeared in this Action on behalf of that party or are affiliated with a law firm 26 that has appeared on behalf of that Party, and includes support staff. 27 2.12 Party: Any party to this Action, including all of its officers, directors, 28 employees, consultants, retained experts, House Counsel, and Outside Counsel of 5 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 6 of 20 Page ID #:670

1 Record (and their support staffs). 2 2.13 Producing Party: Any party or Non-Party that produces Disclosure or 3 Discovery Material in this Action. 4 2.14 Professional Vendors: Persons or entities that provide litigation support 5 services (e.g., photocopying, videotaping, translating, preparing exhibits or 6 demonstrations, and organizing, storing, or retrieving data in any form or medium) 7 and their employees and subcontractors. 8 2.15 Protected Material: Any Disclosure or Discovery Material that is 9 designated as “CONFIDENTIAL.” 10 2.16 Receiving Party: A Party that receives Disclosure or Discovery 11 Material from a Producing Party. 12 3. SCOPE 13 The protections conferred by this Stipulation and Order cover not only 14 Protected Material (as defined above), but also (1) any information copied or 15 extracted from Protected Material; (2) all copies, excerpts, summaries, or 16 compilations of Protected Material; and (3) any testimony, conversations, or 17 presentations by any Party or its Counsel or any of its Experts that might reveal 18 Protected Material. 19 Any use of Protected Material at trial shall be governed by the orders of the 20 trial judge. This Order does not govern the use of Protected Material at trial. 21 4. DURATION 22 FINAL DISPOSITION of the Action is defined as the conclusion of any 23 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 24 has run. Except as set forth below, the terms of this protective order apply through 25 FINAL DISPOSITION of the Action. The Parties stipulate that the they will be 26 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 27 and that they will have to file a separate action for enforcement of the agreement 28 once FINAL DISPOSITION of the Action occurs. 6 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 7 of 20 Page ID #:671

1 Once a case proceeds to trial, information that was designated as 2 CONFIDENTIAL or maintained pursuant to this Protective Order used or introduced 3 as an exhibit at trial becomes public and will be presumptively available to all 4 members of the public, including the press, unless compelling reasons supported by 5 specific factual findings to proceed otherwise are made to the trial judge in advance 6 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 7 showing for sealing documents produced in discovery from “compelling reasons” 8 standard when merits-related documents are part of court record). Accordingly, for 9 such materials, the terms of this protective order do not extend beyond the 10 commencement of the trial. 11 5. DESIGNATING PROTECTED MATERIAL 12 5.1 Exercise of Restraint and Care in Designating Material for Protection. 13 Each Party or Non-Party that designates information or items for protection under 14 this Order must take care to limit any such designation to specific material that 15 qualifies under the appropriate standards. To the extent it is practical to do so, the 16 Designating Party must designate for protection only those parts of material, 17 documents, items, or oral or written communications that qualify so that other 18 portions of the material, documents, items, or communications for which protection 19 is not warranted are not swept unjustifiably within the ambit of this Order. 20 While mass, indiscriminate, or routinized designations are prohibited, the 21 Parties recognize that manually analyzing and designating large numbers of 22 documents one-by-one for confidentiality can be an unduly burdensome task. The 23 Parties agree that each Party may reasonably rely on metadata information and good- 24 faith searches to designate documents for production. Designations that are shown 25 to be clearly unjustified or that have been made for an improper purpose (e.g., to 26 unnecessarily encumber the case development process or to impose unnecessary 27 expenses and burdens on other Parties) that are not remediated by the Designating 28 Party after notice may expose the Designating Party to sanctions. 7 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 8 of 20 Page ID #:672

1 If it comes to a Designating Party’s attention that information or items that it 2 designated for protection do not qualify for protection, that Designating Party must 3 promptly notify all other Parties that it is withdrawing the inapplicable designation. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in 5 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 6 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 7 under this Order must be clearly so designated before the material is disclosed or 8 produced. 9 Designation in conformity with this Order requires: 10 (a) for information in documentary form (e.g., paper or electronic 11 documents, but excluding transcripts of depositions or other pretrial or trial 12 proceedings), that the Producing Party affix at a minimum, the legend 13 “CONFIDENTIAL,” to each page that contains protected material. If only a portion 14 or portions of the material on a page qualifies for protection, the Producing Party 15 also must clearly identify the protected portion(s) (e.g., by making appropriate 16 markings in the margins). 17 A Party or Non-Party that makes original documents available for inspection 18 need not designate them for protection until after the inspecting Party has indicated 19 which documents it would like copied and produced. During the inspection and 20 before the designation, all of the material made available for inspection shall be 21 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 22 documents it wants copied and produced, the Producing Party must determine which 23 documents, or portions thereof, qualify for protection under this Order. Then, before 24 producing the specified documents, the Producing Party must affix the legend 25 “CONFIDENTIAL” to each page that contains Protected Material. If only a portion 26 or portions of the material on a page qualifies for protection, the Producing Party 27 also must clearly identify the protected portion(s) (e.g., by making appropriate 28 markings in the margins). 8 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 9 of 20 Page ID #:673

1 (b) any Party may designate as Protected Material testimony given in a 2 deposition or in other pretrial or trial proceedings by informing the reporter during 3 the deposition or by sending a letter to all Outside Counsel of Record and to the 4 deposition reporter designating by page and line any portions of the transcript to be 5 so restricted, or the entire transcript if applicable, within thirty (30) days after 6 receiving the deposition transcript and specifying the level of protection being 7 asserted. 8 During this 30-day period, a transcript will be treated as if it had been 9 designated “CONFIDENTIAL” in its entirety unless otherwise agreed. After the 10 expiration of that period, the transcript shall be treated only as actually designated. 11 When deposition testimony is designated Protected Material by informing 12 the reporter during the deposition, the transcript containing Protected Material shall 13 have an obvious legend on the title page that the transcript contains Protected 14 Material, and the title page shall be followed by a list of all pages (including line 15 numbers) that have been designated as Protected Material. The Designating Party 16 shall inform the court reporter of these requirements. 17 Parties shall give the other Parties notice if they reasonably expect a 18 deposition, hearing, or other proceeding to include Protected Material so that the other 19 Parties can ensure that only authorized individuals who have signed the 20 Acknowledgement are present at those proceedings. The use of a document as an 21 exhibit at a deposition shall not in any way affect its designation as 22 “CONFIDENTIAL.” 23 (c) for information produced in some form other than documentary and for 24 any other tangible items, that the Producing Party affix in a prominent place on the 25 exterior of the container or containers in which the information is stored the legend 26 “CONFIDENTIAL.” If only a portion or portions of the information warrants 27 protection, the Producing Party, to the extent practicable, shall identify the protected 28 portion(s). 9 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 10 of 20 Page ID #:674

1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 failure to designate qualified information or items does not, standing alone, waive 3 the Designating Party’s right to secure protection under this Order for such material. 4 Upon timely correction of a designation, the Receiving Party must make reasonable 5 efforts to assure that the material is treated in accordance with the provisions of this 6 Order. 7 5.4 Protected Health Information. Additionally, certain Confidential 8 Information or Items may be Protected Health Information (“PHI”) as defined by the 9 Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the 10 regulations promulgated thereunder at 45 C.F.R. § 160.103. Without limiting the 11 generality of the foregoing, “PHI” includes, but is not limited to, health information, 12 including demographic information, relating to either (a) the past, present, or future 13 physical or mental condition of an individual, (b) the provision of care to an 14 individual, or (c) the payment for care provided to an individual, which identifies the 15 individual or which reasonably could be expected to identify an individual. All 16 “covered entities” (as defined by 45 C.F.R. § 160.103) are hereby authorized to 17 disclose PHI to all attorneys now of record in this Action or who may become of 18 record in the future in this Action. Subject to the Federal Rules of Civil Procedure, 19 and without prejudice to any Party’s objection except as otherwise provided herein, 20 the Parties are authorized to receive, subpoena, transmit, or disclose PHI relevant to 21 the claims at issue in this Action, subject to all terms of this Order. All PHI disclosed 22 under this Order must be designated as Confidential Information pursuant to this 23 Order. A Receiving Party which receives PHI in discovery shall not use or disclose 24 such PHI for any purpose other than this Action. To the extent documents or 25 information produced in this Action have already been exchanged or will again be 26 exchanged between the Parties in the normal course of business, treatment of such 27 documents prior to or after the conclusion of this Action shall be governed by this 28 Order. 10 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 11 of 20 Page ID #:675

1 5.5 Specific Provisions Concerning the Disclosure of Personally 2 Identifiable Information (“PII”). When PII (e.g., names, addresses, Social Security 3 numbers, phone numbers, etc.) is disclosed between the Parties as authorized by this 4 Order, the PII of each individual whose claims are not at issue in this Action and 5 who are otherwise identified in the Discovery material may either be redacted to 6 protect the identify of such individuals, or produced without redactions. Upon receipt 7 of any PII, a Receiving Party shall take all reasonable measures necessary for 8 protecting the PII from unauthorized disclosure as required under both state and 9 federal law. 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. Unless a prompt challenge to a Designating Party’s confidentiality 14 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary 15 economic burdens, or a significant disruption or delay of the Action, a Party does not 16 waive its right to challenge a confidentiality designation by electing not to mount a 17 challenge promptly after the original designation is disclosed. 18 6.2 Meet and Confer. The Challenging Party shall initiate the informal 19 dispute resolution process set forth in the Court’s Procedures and Schedules. See 20 http://www.cacd.uscourts.gov/honorable-alka-sagar. 21 6.3 The burden of persuasion in any such challenge proceeding shall be on 22 the Designating Party. Frivolous designations or challenges, and those designations 23 and challenges made for an improper purpose (e.g., to harass or impose unnecessary 24 expenses and burdens on other parties) may expose the Designating Party or 25 Challenging Party to sanctions. Unless the Designating Party has waived or 26 withdrawn the confidentiality designation, all Parties shall continue to afford the 27 material in question the level of protection to which it is entitled under the 28 Designating Party’s designation until the Court rules on the challenge. 11 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 12 of 20 Page ID #:676

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 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 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 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 well 17 as employees of said Outside Counsel of Record to whom it is reasonably necessary 18 to disclose the information for this Action; 19 (b) the Receiving Party, including officers, directors, and employees 20 (including House Counsel) of the Receiving Party to whom disclosure is reasonably 21 necessary for this Action; 22 (c)the Receiving Party’s Parents and affiliates, and their respective officers, 23 directors, employees, consultants, advisors, insurers and/or reinsurers (1) to whom 24 disclosure is reasonably necessary for this Action, and (2) who have signed the 25 Acknowledgement; 26 (d) Experts (as defined in this Order) of the Receiving Party to whom 27 disclosure is reasonably necessary for this Action and who have signed the 28 Acknowledgment; 12 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 13 of 20 Page ID #:677

1 (e) the Court and its personnel; 2 (f) court reporters and their staff; 3 (g) professional jury or trial consultants, mock jurors, and Professional 4 Vendors to whom disclosure is reasonably necessary for this Action and who have 5 signed the Acknowledgement; 6 (h) the author or recipient of a document containing the information or a 7 custodian or other person who otherwise possessed or knew the information; 8 (i) during a deposition, the witness and attorneys for the witness, in the 9 Action to whom disclosure is reasonably necessary provided: (1) the deposing Party 10 requests that the witness sign the Acknowledgement; and (2) such witness and 11 attorneys for such witness will not be permitted to keep any confidential information 12 unless each signs the Acknowledgement, unless otherwise agreed by the Designating 13 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits 14 to depositions that reveal Protected Material may be separately bound by the court 15 reporter and may not be disclosed to anyone except as permitted under this Stipulated 16 Protective Order; and 17 (i) any mediator or settlement officer, and their supporting personnel, 18 mutually agreed upon by the Parties engaged in settlement discussions and who have 19 signed the Acknowledgement. 20 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 21 IN OTHER LITIGATION 22 If a Party is served with a subpoena or a court order issued in other litigation 23 that compels disclosure of any information or items designated in this Action as 24 “CONFIDENTIAL” that Party must: 25 (a) promptly notify in writing the Designating Party. Such notification shall 26 include a copy of the subpoena or court order; 27 (b) promptly notify in writing the party who caused the subpoena or order 28 to issue in the other litigation that some or all of the material covered by the subpoena 13 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 14 of 20 Page ID #:678

1 or order is subject to this Protective Order. Such notification shall include a copy of 2 this Stipulated Protective Order; and 3 (c) cooperate with respect to all reasonable procedures sought to be pursued 4 by the Designating Party whose Protected Material may be affected; AND 5 (d) otherwise comply with any applicable HIPAA rules or regulations with 6 respect to any response or production in connection with a discovery request or 7 subpoena. 8 If the Designating Party timely seeks a protective order, the Party served 9 with the subpoena or court order shall not produce any information designated in this 10 action as “CONFIDENTIAL” before a determination by the court from which the 11 subpoena or order issued, unless the Party has obtained the Designating Party’s 12 permission. The Designating Party shall bear the burden and expense of seeking 13 protection in that court of its confidential material and nothing in these provisions 14 should be construed as authorizing or encouraging a Receiving Party in this Action 15 to disobey a lawful directive from another court. 16 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 17 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.” Such information 20 produced by any Non-Party in connection with this Action is protected by the 21 remedies and relief provided by this Order. Nothing in these provisions should be 22 construed as prohibiting a Non-Party from seeking additional protections. 23 (b) In the event that a Party is required, by a valid discovery request, to 24 produce a Non-Party’s confidential information in its possession, and the Party is 25 subject to an agreement with the Non-Party not to produce the Non-Party’s 26 confidential information, then the Party shall: 27 (1) promptly notify in writing the Requesting Party and the Non-Party 28 that some or all of the information requested is subject to a confidentiality agreement 14 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 15 of 20 Page ID #:679

1 with a Non-Party; 2 (2) promptly provide the Non-Party with a copy of the Stipulated 3 Protective Order in this Action, the relevant discovery request(s), and a reasonably 4 specific description of the information requested; and 5 (3) make the information requested available for inspection by the 6 Non-Party, if requested. 7 (c) If the Non-Party fails to seek a protective order from this court within 8 21 days of receiving the notice and accompanying information, the Receiving Party 9 may produce the Non-Party’s confidential information responsive to the discovery 10 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 11 not produce any information in its possession or control that is subject to the 12 confidentiality agreement with the Non-Party before a determination by the court. 13 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 14 of seeking protection in this court of its Protected Material. 15 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 16 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 17 Protected Material to any person or in any circumstance not authorized under this 18 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 19 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 20 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 21 persons to whom unauthorized disclosures were made of all the terms of this Order, 22 and (d) request such person or persons to execute the Acknowledgement. 23 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 24 PROTECTED MATERIAL 25 When a Producing Party gives notice to each Receiving Party that certain 26 inadvertently produced material is subject to a claim of privilege or other protection 27 (e.g., work product immunity), the obligations of the Receiving Parties are those set 28 forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended 15 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 16 of 20 Page ID #:680

1 to modify whatever procedure may be established in an e-discovery order that 2 provides for production without prior privilege review. Pursuant to Federal Rule of 3 Evidence 502(d) and (e), the Parties agree that the inadvertent or unintentional 4 disclosure by the Producing Party of material that is privileged or subject to other 5 protection shall not be deemed a waiver in whole or in part of the claim of privilege 6 or other protection, either as to the specific information disclosed or as to any other 7 information relating thereto on the same or related subject matter. 8 Upon learning of an inadvertent or unintentional disclosure of privileged 9 information, the Producing Party shall provide written notice to each party who has 10 received such information. Within ten (10) business days of the date of that written 11 notice, the documents or materials described in that notice shall be returned to 12 counsel for the Producing Party, destroyed or sequestered by the Receiving Party, 13 and in the same time frame, any notes or other writing or recordings that copy, 14 summarize, reflect, or discuss the content of the documents or materials shall be 15 destroyed or sequestered by the Receiving Party. No use shall be made of such 16 documents or materials from such inadvertent production during deposition or at 17 trial, nor shall such documents or materials be provided to anyone who did not 18 already have access to them prior to the request by the Producing Party that they be 19 returned. 20 If the Receiving Party intends to challenge the assertion of privilege, it must 21 provide written notice within this ten-day period, explaining the grounds for its 22 challenge. The Receiving Party shall initiate the dispute resolution process under 23 Local Rule 37-1 within ten (10) business days of service of the Receiving Party’s 24 notice disputing a claim of inadvertent production. 25 If the Parties cannot resolve a challenge without court intervention, the 26 Receiving Party may move the Court for an order compelling production of any 27 inadvertently produced or disclosed document or material in compliance with Local 28 Rule 37, but the motion shall not assert as a ground for production the fact of the 16 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 17 of 20 Page ID #:681

1 inadvertent production or disclosure. Pending the Court’s ruling, the party 2 challenging the assertion of privilege shall sequester the affected documents and 3 materials and shall not make any use of such information. 4 12. MISCELLANEOUS 5 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 6 person to seek its modification by the Court in the future. 7 12.2 Right to Assert Other Objections. By stipulating to the entry of this 8 Protective Order no Party waives any right it otherwise would have to object to 9 disclosing or producing any information or item on any ground not addressed in this 10 Stipulated Protective Order. Similarly, no Party waives any right to object on any 11 ground to use in evidence of any of the material covered by this Protective Order. 12 12.3 Filing Protected Material. A Party that seeks to file under seal any 13 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 14 only be filed under seal pursuant to a court order authorizing the sealing of the 15 specific Protected Material at issue. If a Party's request to file Protected Material 16 under seal is denied by the court, then the Receiving Party may file the information 17 in the public record unless otherwise instructed by the court. 18 13. FINAL DISPOSITION 19 After the final disposition of this Action, as defined in Section 4 20 (DURATION), within 60 days of a written request by the Designating Party, each 21 Receiving Party must return all Protected Material to the Producing Party or destroy 22 such material. As used in this subdivision, “all Protected Material” includes all 23 copies, abstracts, compilations, summaries, and any other format reproducing or 24 capturing any of the Protected Material. Whether the Protected Material is returned 25 or destroyed, the Receiving Party must submit a written certification to the Producing 26 Party (and, if not the same person or entity, to the Designating Party) by the 60-day 27 deadline that (1) identifies (by category, where appropriate) all the Protected 28 Material that was returned or destroyed and (2) affirms that the Receiving Party has 17 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 18 of 20 Page ID #:682

1 not retained any copies, abstracts, compilations, summaries, or any other format 2 reproducing or capturing any of the Protected Material. Notwithstanding this 3 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 4 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 5 deposition and trial exhibits, expert reports, attorney work product, and consultant 6 and expert work product, even if such materials contain Protected Material. Any such 7 archival copies that contain or constitute Protected Material remain subject to this 8 Protective Order as set forth in Section 4 (DURATION). 9 10 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 11 12 Dated: March 20, 2023 By: /s/ Benjamin Blakeman 13 Benjamin Blakeman (SBN 60596) 14 ben@lifeinsurance-law.com

BLAKEMAN LAW

15 111601 Wilshire Boulevard, Ste 2080 16 Los Angeles, CA 90025 Telephone: 213-629-9922 17 18 Steven W. Kerekes (SBN 112729) steve4505@sbcglobal.net 19

LAW OFFICES OF STEVEN KEREKES

20 70 South Lake Avenue, 32nd Floor Pasadena, CA 91101 21 Telephone: 626-796-5000 22

ATTORNEYS FOR PLAINTIFF JASON

23 BOUTROS 24 25 26 27 28 18 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 19 of 20 Page ID #:683

1 Dated: March 20, 2023 By: /s/ Hutson B. Smelley 2 Jarrett E. Ganer * 3 jarrett.ganer@mhllp.com Hutson B. Smelley * 4 hutson.smelley@mhllp.com 5 Micah A. Grodin* micah.grodin@mhllp.com 6 MCDOWELL HETHERINGTON LLP 7 1001 Fannin Street, Ste 2400 Houston, TX 77002 8 Telephone: 713-337-5580 9 Facsimile: 713-337-8850 * Admitted pro hac vice 10 11 Vivian I. Orlando (SBN 213833) VOrlando@maynardcooper.com 12 MAYNARD COOPER & GALE PC 13 10100 Santa Monica Boulevard, Ste 550 Los Angeles, CA 90067 14 Telephone: 310-596-4500 15 Facsimile: 205-254-1999 16

ATTORNEYS FOR DEFENDANT

17 TRANSAMERICA LIFE INSURANCE

COMPANY

18 19 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 21 DATED: _M__a_r_c_h_ 2_1_,_ 2_0_2_3________ 22 23 ________/ _s _/ _S_a_g_a_r________________________ 24 Honorable Alka Sagar United States Magistrate Judge 25 26 27 28 19 Case 2:22-cv-05724-SPG-AS Document 44 Filed 03/21/23 Page 20 of 20 Page ID #:684

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 that I have read in its 5 entirety and understand the Stipulated Protective Order that was issued by the 6 United States District Court for the Central District of California on 7 _____________ in the case of Jason Boutros v. Transamerica Life 8 Insurance Company; Case No. 2:22-cv-05724-SPG(ASx). I agree to comply 9 with and to be bound by all the terms of this Stipulated Protective Order and I 10 understand and acknowledge that failure to so comply could expose me 11 to sanctions and punishment in the nature of contempt. I solemnly promise 12 that I will not disclose in any manner any information or item that is subject to 13 this Stipulated Protective Order to any person or entity except in strict compliance 14 with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint ________________________ [print or 19 type full name] of ___________________ [print or type full address and telephone 20 number] as my California agent for service of process in connection with this action 21 or any proceedings related to enforcement of this Stipulated Protective Order. 22 23 Date: __________________________ 24 City and State where sworn and signed: _____________________________ 25 Printed name: ____________________________________ 26 Signature: ________________________________ 27 28 20