1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 JOHN DOE, ) Case No. 2:18-cv-05889 AB (PVCx) ) 11 Plaintiff, ) [DISCOVERY MATTER] ) 12 vs. ) ORDER GRANTING ) STIPULATED PROTECTIVE 13 PRUDENTIAL INSURANCE ) ORDER COMPANY OF AMERICA, et al. ) 14 ) ) 15 Defendants. ) ) 16 17 GENERAL 18 1.1 Purposes and Limitations. Discovery in this action is likely to involve 19 production of confidential, proprietary, or private information for which special protection 20 from public disclosure and from use for any purpose other than prosecuting this litigation 21 may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 22 enter the following Stipulated Protective Order. The parties acknowledge that this Order 23 does not confer blanket protections on all disclosures or responses to discovery and that 24 the protection it affords from public disclosure and use extends only to the limited 25 information or items that are entitled to confidential treatment under the applicable legal 26 principles. The parties further acknowledge, as set forth in Section 12.3, below, Civil 27 Local Rule 79-5 sets forth the procedures that must be followed and the standards that 28 1 will be applied when a party seeks permission from the court to file material under 2 seal. 3 1.2 Good Cause Statement. 4 This action is likely to involve trade secrets, customer and pricing information 5 and other valuable research, development, commercial, financial, technical and/or 6 proprietary information for which special protection from public disclosure and from 7 use for any purpose other than prosecution of this action is warranted. Such confidential 8 and proprietary materials and information consist of, among other things, confidential 9 business or financial information, information regarding confidential business practices, 10 or other confidential research, development, or commercial information (including 11 information implicating privacy rights of third parties), information otherwise generally 12 unavailable to the public, or which may be privileged or otherwise protected from 13 disclosure under state or federal statutes, court rules, case decisions, or common law. 14 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 15 disputes over confidentiality of discovery materials, to adequately protect information 16 the parties are entitled to keep confidential, to ensure that the parties are permitted 17 reasonable necessary uses of such material in preparation for and in the conduct of trial, 18 to address their handling at the end of the litigation, and serve the ends of justice, a 19 protective order for such information is justified in this matter. It is the intent of the 20 parties that information will not be designated as confidential for tactical reasons and 21 that nothing be so designated without a good faith belief that it has been maintained in 22 a confidential, non-public manner, and there is good cause why it should not be part of 23 the public record of this case. 24 2. DEFINITIONS 25 2.1 Action: John Doe v. The Prudential Insurance Company of America, et 26 al., Case No. 2:18-cv-05889 AB (PVCx) 27 2.2 Challenging Party: a Party or Non-Party that challenges the 28 designation of information or items under this Order. 1 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 2 how it is generated, stored or maintained) or tangible things that qualify for protection 3 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 4 Statement. 5 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 6 support staff). 7 2.5 Designating Party: a Party or Non-Party that designates information or 8 items that it produces in disclosures or in responses to discovery as 9 “CONFIDENTIAL.” 10 2.6 Disclosure or Discovery Material: all items or information, regardless of 11 the medium or manner in which it is generated, stored, or maintained (including, among 12 other things, testimony, transcripts, and tangible things), that are produced or generated 13 in disclosures or responses to discovery in this matter. 14 2.7 Expert: a person with specialized knowledge or experience in a matter 15 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 16 expert witness or as a consultant in this Action. 17 2.8 House Counsel: attorneys who are employees of a party to this Action. 18 House Counsel does not include Outside Counsel of Record or any other outside 19 counsel. 20 2.9 Non-Party: any natural person, partnership, corporation, association, or 21 other legal entity not named as a Party to this action. 22 2.10 Outside Counsel of Record: attorneys who are not employees of a party 23 to this Action but are retained to represent or advise a party to this Action and have 24 appeared in this Action on behalf of that party or are affiliated with a law firm that has 25 appeared on behalf of that party, including support staff. 26 2.11 Party: any party to this Action, including all of its officers, directors, 27 employees, consultants, retained experts, and Outside Counsel of Record (and their 28 support staffs). 1 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 2 Discovery Material in this Action. 3 2.13 Professional Vendors: persons or entities that provide litigation support 4 services (e.g., photocopying, videotaping, translating, preparing exhibits or 5 demonstrations, and organizing, storing, or retrieving data in any form ormedium) and 6 their employees and subcontractors. 7 2.14 Protected Material: any Disclosure or Discovery Material that is 8 designated as “CONFIDENTIAL.” 9 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 10 from a Producing Party. 11 3. SCOPE 12 The protections conferred by this Stipulation and Order cover not only Protected 13 Material (as defined above), but also (1) any information copied or extracted from 14 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 15 Material; and (3) any testimony, conversations, or presentations by Parties or their 16 Counsel that might reveal Protected Material. 17 Any use of Protected Material at trial shall be governed by the orders of the trial 18 judge. This Order does not govern the use of Protected Material at trial. 19 4. DURATION 20 Once a case proceeds to trial, all of the court-filed information to be introduced 21 that was previously designated as confidential or maintained pursuant to this protective 22 order becomes public and will be presumptively available to all members of the public, 23 including the press, unless compelling reasons supported by specific factual findings 24 to proceed otherwise are made to the trial judge in advance of the trial. See Kamakana 25 v. City and Cty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing 26 “good cause” showing for sealing documents produced in discovery from “compelling 27 reasons” standard when merits-related documents are part of court record). 28 1 Accordingly, the terms of this protective order do not extend beyond the 2 commencement of the trial. 3 5. DESIGNATING PROTECTED MATERIAL 4 5.1 Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or Non-Party that designates information or items for protection under this 6 Order must take care to limit any such designation to specific material that qualifies 7 under the appropriate standards. The Designating Party must designate for protection 8 only those parts of material, documents, items, or oral or written communications that 9 qualify so that other portions of the material, documents, items, or communications for 10 which protection is not warranted are not swept unjustifiably within the ambit of this 11 Order. 12 Mass, indiscriminate, or routinized designations are prohibited. Designations 13 that are shown to be clearly unjustified or that have been made for an improper purpose 14 (e.g., to unnecessarily encumber the case development process or to impose 15 unnecessary expenses and burdens on other parties) may expose the Designating Party 16 to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 5.2 Manner and Timing of Designations.Except as otherwise provided in this 21 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 22 or ordered, Disclosure or Discovery Material that qualifies for protection under this 23 Order must be clearly so designated before the material is disclosed or produced. 24 Designation in conformity with this Order requires: 25 (a) for information in documentary form (e.g., paper or electronic documents, 26 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 27 Producing Party affix, at a minimum, the legend “CONFIDENTIAL” (hereinafter 28 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 1 portion or portions of the material on a page qualifies for protection, the Producing 2 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 3 markings in the margins). 4 A Party or Non-Party that makes original documents available for inspection 5 need not designate them for protection until after the inspecting Party has indicated 6 which documents it would like copied and produced. During the inspection and before 7 the designation, all of the material made available for inspection shall be deemed 8 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 9 copied and produced, the Producing Party must determine which documents, or 10 portions thereof, qualify for protection under this Order. Then, before producing the 11 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 12 to each page that contains Protected Material. If only a portion or portions of the 13 material on a page qualifies for protection, the Producing Party also must clearly 14 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 15 (b) for testimony given in depositions that the Designating Party identify the 16 Disclosure or Discovery Material on the record, before the close of the deposition. 17 (c) for information produced in some form other than documentary and for 18 any other tangible items, that the Producing Party affix in a prominent place on the 19 exterior of the container or containers in which the information is stored the legend 20 “CONFIDENTIAL.” If only a portion or portions of the information warrants 21 protection, the Producing Party, to the extent practicable, shall identify the protected 22 portion(s). 23 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 24 failure to designate qualified information or items does not, standing alone, waive the 25 Designating Party’s right to secure protection under this Order for such material. Upon 26 timely correction of a designation, the Receiving Party must make reasonable efforts 27 to assure that the material is treated in accordance with the provisions of this Order. 28 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s Scheduling 4 Order. 5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37-1, et seq. Any discovery motion must strictly 7 comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3. 8 6.3 Burden. The burden of persuasion in any such challenge proceeding shall 9 be on the Designating Party. Frivolous challenges, and those made for an improper 10 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) 11 may expose the Challenging Party to sanctions. Unless the Designating Party has 12 waived or withdrawn the confidentiality designation, all parties shall continue to afford 13 the material in question the level of protection to which it is entitled under the 14 Producing Party’s designation until the Court rules on the challenge. 15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 16 7.1 Basic Principles. A Receiving Party may use Protected Material that is 17 disclosed or produced by another Party or by a Non-Party in connection with this 18 Action only for prosecuting, defending, or attempting to settle this Action. Such 19 Protected Material may be disclosed only to the categories of persons and under the 20 conditions described in this Order. When the Action has been terminated, a Receiving 21 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 22 Protected Material must be stored and maintained by a Receiving Party at a 23 location and in a secure manner that ensures that access is limited to the persons 24 authorized under this Order. 25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 26 otherwise ordered by the Court or permitted in writing by the Designating Party, a 27 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 28 only to: 1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 2 as employees of said Outside Counsel of Record to whom it is reasonably necessary 3 to disclose the information for this Action; 4 (b) the officers, directors, and employees (including House Counsel) of the 5 Receiving Party to whom disclosure is reasonably necessary for this Action; 6 (c) Experts (as defined in this Order) of the Receiving Party to whom 7 disclosure is reasonably necessary for this Action and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (d) the Court and its personnel; 10 (e) court reporters and their staff; 11 (f) professional jury or trial consultants, mock jurors, and Professional 12 Vendors to whom disclosure is reasonably necessary for this Action and who have 13 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (g) the author or recipient of a document containing the information or a 15 custodian or other person who otherwise possessed or knew the information; 16 (h) during their depositions, witnesses, and attorneys for witnesses, in the 17 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 18 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 19 not be permitted to keep any confidential information unless they sign the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 21 by the Designating Party or ordered by the Court. Pages of transcribed deposition 22 testimony or exhibits to depositions that reveal Protected Material may be separately 23 bound by the court reporter and may not be disclosed to anyone except as permitted 24 under this Stipulated Protective Order; and 25 (i) any mediator or settlement officer, and their supporting personnel, 26 mutually agreed upon by any of the parties engaged in settlement discussions. 27 /// 28 /// 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification shall 7 include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order to 9 issue in the other litigation that some or all of the material covered by the subpoena or 10 order is subject to this Protective Order. Such notification shall include a copy of this 11 Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be pursued by 13 the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with 15 the subpoena or court order shall not produce any information designated in this action 16 as “CONFIDENTIAL” before a determination by the court from which the subpoena 17 or order issued, unless the Party has obtained the Designating Party’s permission. The 18 Designating Party shall bear the burden and expense of seeking protection in that court 19 of its confidential material and nothing in these provisions should be construed as 20 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 21 directive from another court. 22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 23 PRODUCED IN THIS LITIGATION 24 (a) The terms of this Order are applicable to information produced by a Non- 25 Party in this Action and designated as “CONFIDENTIAL.” Such information 26 produced by Non-Parties in connection with this litigation is protected by the remedies 27 and relief provided by this Order. Nothing in these provisions should be construed as 28 prohibiting a Non-Party from seeking additional protections. 1 (b) In the event that a Party is required, by a valid discovery request, to 2 produce a Non-Party’s confidential information in its possession, and the Party is 3 subject to an agreement with the Non-Party not to produce the Non-Party’s 4 confidential information, then the Party shall: 5 (1) promptly notify in writing the Requesting Party and the Non-Party 6 that some or all of the information requested is subject to a confidentiality agreement 7 with a Non-Party; 8 (2) promptly provide the Non-Party with a copy of the Stipulated 9 Protective Order in this Action, the relevant discovery request(s), and a reasonably 10 specific description of the information requested; and 11 (3) make the information requested available for inspection by the 12 Non-Party, if requested. 13 (c) If the Non-Party fails to seek a protective order from this Court within 14 14 days of receiving the notice and accompanying information, the Receiving Party may 15 produce the Non-Party’s confidential information responsive to the discovery request. 16 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 17 any information in its possession or control that is subject to the confidentiality 18 agreement with the Non-Party before a determination by the Court. Absent a court 19 order to the contrary, the Non-Party shall bear the burden and expense of seeking 20 protection in this Court of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this 24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 25 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 26 all unauthorized copies of the Protected Material, (c) inform the person or persons to 27 whom unauthorized disclosures were made of all the terms of this Order, and (d) 28 1 request such person or persons to execute the “Acknowledgment and Agreement to Be 2 Bound” that is attached hereto as Exhibit A. 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 4 PROTECTED MATERIAL 5 When a Producing Party gives notice to Receiving Parties that certain 6 inadvertently produced material is subject to a claim of privilege or other protection, 7 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 8 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 9 may be established in an e-discovery order that provides for production without prior 10 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 11 parties reach an agreement on the effect of disclosure of a communication or 12 information covered by the attorney-client privilege or work product protection, the 13 parties may incorporate their agreement in the stipulated protective order submitted to 14 the Court. 15 12. MISCELLANEOUS 16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 17 person to seek its modification by the Court in the future. 18 12.2 Right to Assert Other Objections. By stipulating to the entry of this 19 Protective Order, no Party waives any right it otherwise would have to object to 20 disclosing or producing any information or item on any ground not addressed in this 21 Stipulated Protective Order. Similarly, no Party waives any right to object on any 22 ground to use in evidence of any of the material covered by this Protective Order. 23 12.3 Filing Protected Material. A Party that seeks to file under seal any 24 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 25 only be filed under seal pursuant to a court order authorizing the sealing of the specific 26 Protected Material at issue; good cause must be shown in the request to file under seal. 27 If a Party’s request to file Protected Material under seal is denied by the Court, then 28 1 the Receiving Party may file the information in the public record unless otherwise 2 instructed by the Court. 3 13. FINAL DISPOSITION 4 After the final disposition of this Action, within 60 days of a written request by 5 the Designating Party, each Receiving Party must return all Protected Material to the 6 Producing Party or destroy such material. As used in this subdivision, “all Protected 7 Material” includes all copies, abstracts, compilations, summaries, and any other format 8 reproducing or capturing any of the Protected Material. Whether the Protected Material 9 is returned or destroyed, the Receiving Party must submit a written certification to the 10 Producing Party (and, if not the same person or entity, to the Designating Party) by the 11 60 day deadline that (1) identifies (by category, where appropriate) all the Protected 12 Material that was returned or destroyed, and (2) affirms that the Receiving Party has 13 not retained any copies, abstracts, compilations, summaries or any other format 14 reproducing or capturing any of the Protected Material. Notwithstanding this 15 provision, counsel are entitled to retain an archival copy of all pleadings, motion 16 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 17 deposition and trial exhibits, expert reports, attorney work product, and consultant and 18 expert work product, even if such materials contain Protected Material. Any such 19 archival copies that contain or constitute Protected Material remain subject to this 20 Protective Order as set forth in Section 4 (DURATION). 21 14. VIOLATION OF ORDER 22 Any violation of this Order may be punished by any and all appropriate 23 measures including, without limitation, contempt proceedings and/or monetary 24 sanctions. 25 26 IT IS SO STIPULATED. 27 28 1 | Dated: July 2, 2020 James P. Keenley Brian H. Kim 2 Emily & Bolt

BOLT KEENLEY KIM LLP

3 4 By: _/s/ James P. Keenley James P. Keenley 5 attorneys for Plaintiff 6 JOHN DOE Dated: July 2, 2020 Amanda A. Sonneborn 7 James C. Goodfellow, Jr. 9 SEYFARTH SHAW LLP

9 By: _/s/ James C. Goodfellow, Jr. 10 James C. Goodfellow, Jr. Attorneys for Defendants ll THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and 2 WME IMG, LLC Dated: July 2, 2020 Jason A. James 13 MESERVE, MUMPER & HUGHES LLP 14 15 By: _/s/ Jason A. James Jason A. James 16 Attorneys for Defendant

THE PRUDENTIAL INSURANCE

17 COMPANY OF AMERICA 18 Filer’s Attestation-Local Rule 5-4.3.4(a)(2)(i) 19 The filing attorney attests that he has obtained concurrence regarding the filing 209 | of this document and its content from the signatories to this document. 21 ORDER 22 Having considered the papers, and finding that good cause exists, the Parties’ 23 | Stipulated Protective Order is GRANTED. 24 IT ISSO ORDERED. . fuk 26 | Dated: July 7, 2020 United States Magistrate Judge 28 1 3 Case No. 2:18-cv-05899 AB (PVCx)

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [full name], of 4 [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 United 6 States District Court for the Central District of California on [date] 7 in the case of John Doe v. The Prudential Insurance Company of America, et al., Case 8 No. 2:18-cv-05899 AB (PVCx). I agree to comply with and to be bound by all the 9 terms of this Stipulated Protective Order, and I understand and acknowledge that 10 failure to so comply could expose me to sanctions and punishment in the nature of 11 contempt. I solemnly promise that I will not disclose in any manner any information 12 or item that is subject to this Stipulated Protective Order to any person or entity except 13 in strict compliance with the provisions of this Stipulated Protective Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint [full name] of 18 [address and telephone number] 19 as my California agent for service of process in connection with this action or any 20 proceedings related to enforcement of this Stipulated Protective Order. 21 22 Signature: 23 Printed Name: 24 Date: 25 City and State Where Sworn and Signed: 26 27 28