1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 1] NAUTILUS INSURANCE Case No. = 2:22-cv-08183-AB-

COMPANY,

Plaintiff, 13 i4 STIPULATED PROTECTIVE 15 OLAIDE OLUWATOYIN ORDER

OSIBOGUN,

16 Defendant. 17

OLAIDE OLUWATOYIN

1 OSIBOGUN Counterclaimant, 20 V. 21 22 3 NAUTILUS INSURANCE

COMPANY,

24 Counterdefendant. 26 27 —_—_ g ' This Stipulated Protective Order is substantially based on the model protective ~ order provided under Magistrate Judge Rozella A. Oliver’s Procedures.

1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 || proprietary or private information for which special protection from public 4 || disclosure and from use for any purpose other than prosecuting this litigation may 5 |) be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 || enter the following Stipulated Protective Order. The parties acknowledge that this 7 |) Order does not confer blanket protections on all disclosures or responses to 8 || discovery and that the protection it affords from public disclosure and use extends 9 || only to the limited information or items that are entitled to confidential treatment 10 || under the applicable legal principles. 11 12 B. GOOD CAUSE STATEMENT 13 This action is likely to involve confidential and proprietary information for 14 || which special protection from public disclosure and from use for any purpose other 15 || than prosecution or defense of this action is warranted. The confidential and 16 || proprietary information will contain, inter alia, confidential business or financial 17 || information, proprietary business information, information regarding confidential 18 || business practices, trade secrets, commercial information, information otherwise 19 |) generally unavailable to the public, or which may be privileged or otherwise 20 || protected from disclosure under state or federal statutes, court rules, case decisions, 21 || or common law. Accordingly, to adequately protect information the Parties are 22 || entitled to keep confidential, to ensure that the Parties are permitted reasonable, 23 || necessary uses of such material in preparation for and in the conduct of trial, to 24 |) address their handling at the end of the litigation, and serve the ends of justice, a 25 || protective order for such information is justified in this matter. It is the intent of the 26 || Parties that information will not be designated as confidential for tactical reasons 27 || and that nothing will be so designated without a good faith belief that it has been 28

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

1 || protection must articulate compelling reasons, supported by specific facts and legal 2 |) justification, for the requested sealing order. Again, competent evidence supporting 3 || the application to file documents under seal must be provided by declaration. 4 Any document that is not confidential, privileged, or otherwise protectable in 5 || its entirety will not be filed under seal if the confidential portions can be redacted. 6 || If documents can be redacted, then a redacted version for public viewing, omitting 7 || only the confidential, privileged, or otherwise protectable portions of the document 8 || shall be filed. Any application that seeks to file documents under seal in their 9 |) entirety should include an explanation of why redaction is not feasible. 10 11 || 2. DEFINITIONS 12 2.1 Action: This pending federal lawsuit. 13 2.2. Challenging Party: a Party or Non-Party that challenges the 14 || designation of information or items under this Order. 15 2.3. “CONFIDENTIAL” Information or Items: information (regardless of 16 || how it is generated, stored or maintained) or tangible things that qualify for 17 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in 18 || the Good Cause Statement. 19 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 20 || their support staff). 21 2.5 Designating Party: a Party or Non-Party that designates information or 22 || items that it produces in disclosures or in responses to discovery as 23 || “CONFIDENTIAL.” 24 2.6 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, 26 || among other things, testimony, transcripts, and tangible things) that are produced or 27 || generated in disclosures or responses to discovery in this matter. 28 2.7 Expert: a person with specialized knowledge or experience in a matter

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

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

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

1 || portion of the material on a page qualifies for protection, the Producing Party also 2 |) must clearly identify the protected portion(s) (e.g., by making appropriate markings 3 |) in the margins). 4 (b) for testimony given in depositions that the Designating Party identifies 5 || the Disclosure or Discovery Material on the record, before the close of the 6 || deposition all protected testimony. 7 (c) for information produced in some form other than documentary and 8 || for any other tangible items, that the Producing Party affix in a prominent place on 9 |) the exterior of the container or containers in which the information is stored the 10 |) legend “CONFIDENTIAL.” If only a portion or portions of the information 11 || warrants protection, the Producing Party, to the extent practicable, shall identify the 12 || protected portion(s). 13 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent 14 || failure to designate qualified information or items does not, standing alone, waive 15 || the Designating Party’s right to secure protection under this Order for such material. 16 || Upon timely correction of a designation, the Receiving Party must make reasonable 17 || efforts to assure that the material is treated in accordance with the provisions of this 18 || Order. 19 20 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 22 || designation of confidentiality at any time that is consistent with the Court’s 23 || Scheduling Order. 24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 25 || resolution process under Local Rule 37.1 et seq. 26 6.3 The burden of persuasion in any such challenge proceeding shall be on 27 || the Designating Party. Frivolous challenges, and those made for an improper 28 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other

1 || parties) may expose the Challenging Party to sanctions. Unless the Designating 2 || Party has waived or withdrawn the confidentiality designation, all parties shall 3 || continue to afford the material in question the level of protection to which it is 4 || entitled under the Producing Party’s designation until the Court rules on the 5 || challenge. 6 7 7. ACCESS TO AND USE OF PROTECTED MATERIAL 8 7.1. Basic Principles. A Receiving Party may use Protected Material that is 9 || disclosed or produced by another Party or by a Non-Party in connection with this 10 || Action only for prosecuting, defending or attempting to settle this Action. Such 11 || Protected Material may be disclosed only to the categories of persons and under the 12 |} conditions described in this Order. When the Action has been terminated, a 13 || Receiving Party must comply with the provisions of section 13 below (FINAL 14 || DISPOSITION). 15 Protected Material must be stored and maintained by a Receiving Party at a 16 || location and in a secure manner that ensures that access is limited to the persons 17 || authorized under this Order. 18 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 19 || otherwise ordered by the court or permitted in writing by the Designating Party, a 20 || Receiving Party may disclose any information or item designated 21 || “CONFIDENTIAL” only 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) the officers, directors, and employees (including House Counsel) of 26 || the Receiving Party to whom disclosure is reasonably necessary for this Action; 27 (c) Experts (as defined in this Order) of the Receiving Party to whom 28 || disclosure is reasonably necessary for this Action and who have signed the

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

1 || to issue in the other litigation that some or all of the material covered by the 2 |) subpoena or order is subject to this Protective Order. Such notification shall include 3 || acopy of this Stipulated Protective Order; and 4 (c) cooperate with respect to all reasonable procedures sought to be 5 || pursued by the Designating Party whose Protected Material may be affected. 6 If the Designating Party timely seeks a protective order, the Party served with 7 || the subpoena or court order shall not produce any information designated in this 8 || action as “CONFIDENTIAL” before a determination by the court from which the 9 |) subpoena or order issued, unless the Party has obtained the Designating Party’s 10 || permission. The Designating Party shall bear the burden and expense of seeking 11 || protection in that court of its confidential material and nothing in these provisions 12 || should be construed as authorizing or encouraging a Receiving Party in this Action 13 || to disobey a lawful directive from another court. i4 15 || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 16 PRODUCED IN THIS LITIGATION 17 (a) The terms of this Order are applicable to information produced by a 18 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 19 || produced by Non-Parties in connection with this litigation is protected by the 20 || remedies and relief provided by this Order. Nothing 1n these provisions should be 21 || construed as prohibiting a Non-Party from seeking additional protections. 22 (b) In the event that a Party is required, by a valid discovery request, to 23 || produce a Non-Party’s confidential information in its possession, and the Party is 24 || subject to an agreement with the Non-Party not to produce the Non-Party’s 25 || confidential information, then the Party shall: 26 (1) promptly notify in writing the Requesting Party and the Non-Party 27 || that some or all of the information requested is subject to a confidentiality 28 || agreement with a Non-Party;

1 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 || 14 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 14 || expense of seeking protection in this court of its Protected Material. 15 16 || 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 17 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 18 || Protected Material to any person or in any circumstance not authorized under this 19 |) Stipulated Protective Order, the Receiving Party must immediately (a) notify in 20 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 21 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 22 || persons to whom unauthorized disclosures were made of all the terms of this Order, 23 || and (d) request such person or persons to execute the “Acknowledgment and 24 || Agreement to Be Bound” that is attached hereto as Exhibit A. 25 26 |} 1l. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 27 PROTECTED MATERIAL 28 When a Producing Party gives notice to Receiving Parties that certain

1 || inadvertently produced material is subject to a claim of privilege or other protection, 2 |) the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 3 |) Procedure 26(b)(5)(B). This provision is not intended to modify whatever 4 || procedure may be established in an e-discovery order that provides for production 5 |) without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 6 || (e), insofar as the parties reach an agreement on the effect of disclosure of a 7 || communication or information covered by the attorney-client privilege or work 8 || product protection, the parties may incorporate their agreement in the stipulated 9 || protective order submitted to the court. 10 11 |} 12. MISCELLANEOUS 12 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 13 || person to seek its modification by the Court in the future. 14 12.2 Right to Assert Other Objections. By stipulating to the entry of this 15 || Protective Order, no Party waives any right it otherwise would have to object to 16 || disclosing or producing any information or item on any ground not addressed in this 17 || Stipulated Protective Order. Similarly, no Party waives any right to object on any 18 || ground to use in evidence of any of the material covered by this Protective Order. 19 12.3 Filing Protected Material. A Party that seeks to file under seal any 20 || Protected Material must comply with Local Civil Rule 79-5. Protected Material 21 || may only be filed under seal pursuant to a court order authorizing the sealing of the 22 || specific Protected Material at issue. If a Party’s request to file Protected Material 23 || under seal is denied by the court, then the Receiving Party may file the information 24 || in the public record unless otherwise instructed by the court. 25 26 || 13. FINAL DISPOSITION 27 After the final disposition of this Action, as defined in paragraph 4, within 60 28 || days of a written request by the Designating Party, each Receiving Party must return

1 || all Protected Material to the Producing Party or destroy such material. As used in 2 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 3 |) summaries, and any other format reproducing or capturing any of the Protected 4 || Material. Whether the Protected Material is returned or destroyed, the Receiving 5 |) Party must submit a written certification to the Producing Party (and, if not the same 6 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 7 || (by category, where appropriate) all the Protected Material that was returned or 8 |) destroyed and (2) affirms that the Receiving Party has not retained any copies, 9 || abstracts, compilations, summaries or any other format reproducing or capturing any 10 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to 11 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 12 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 13 || reports, attorney work product, and consultant and expert work product, even if such 14 |) materials contain Protected Material. Any such archival copies that contain or 15 || constitute Protected Material remain subject to this Protective Order as set forth in 16 || Section 4 (DURATION). 17 18 19 20 21 22 23 24 25 26 27 28

1 14. VIOLATION 2 || Any violation of this Order may be punished by appropriate measures including, 3 |) without limitation, contempt proceedings and/or monetary sanctions. 4

S || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.

6 7 || DATED: —__ April 25, 2023 8 9 |e] Alley Wubben |e] 19 || Attorneys for Plaintiff and Counterdefendant 11 12 DATED: April 25, 2023 13 4 [sf Joseph Khoshlesan // 15 || Attorneys for Defendant and Counterclaimant 16 17 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19 39 || DATED: April 27, 2023 21 22 Rapelis, Q, . O4 || HON. ROZELLA A. OLIVER 24 || United States Magistrate Judge 25 26 27 28

l EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, [print or type full name], of 5 [print or type full address], declare under penalty of perjury 6 || that I have read in its entirety and understand the Stipulated Protective Order that 7 || was issued by the United States District Court for the Central District of California 8 || on [date] in the case of [insert formal name of the case and the 9 || number and initials assigned to it by the court]. I agree to comply with and to be 10 || bound by all the terms of this Stipulated Protective Order and I understand and 11 || acknowledge that failure to so comply could expose me to sanctions and punishment 12 || in the nature of contempt. I solemnly promise that I will not disclose in any manner 13 || any information or item that is subject to this Stipulated Protective Order to any 14 || person or entity except in strict compliance with the provisions of this Order. 15 || I further agree to submit to the jurisdiction of the United States District Court for the 16 || Central District of California for enforcing the terms of this Stipulated Protective 17 || Order, even if such enforcement proceedings occur after termination of this action. 18 || Thereby appoint [print or type full name] of 19 [print or type full address and 20 || telephone number] as my California agent for service of process in connection with 21 || this action or any proceedings related to enforcement of this Stipulated Protective 22 || Order. 23 || Date: 24 || City and State where sworn and signed: 25 26 || Printed name: 27 28 || Signature: