1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA—WESTERN DIVISION 10 11 || JANET T. SULLIVAN; JANET T. Case No. 2:21-cv-00645-CAS-GJS

SULLIVAN, AS TRUSTEE OF THE

12 || TEUTON IRREVOCABLE TRUST [PROEOSEDEORDER GRANTING

DATED JUNE 21, 2002, TIPULATED PROTECTIVE

13 ORDER Plaintiffs, 14 V. 15

TRANSAMERICA LIFE

16 | INSURANCE COMPANY, 17 Defendant. 18 19 20 21 22 23 24 25 26 27 28

1 |} 1. PURPOSES AND LIMITATIONS/GOOD CAUSE STATEMENT 2 Discovery in this action is likely to involve production of confidential and 3 || proprietary actuarial, business, technical, and financial information as well as 4 || private information of Plaintiffs JANET T. SULLIVAN and JANET T. 5 || SULLIVAN, AS TRUSTEE OF THE TEUTON IRREVOCABLE TRUST 6 || DATED JUNE 21, 2002 (“Plaintiffs”) or the insured for which special protection 7 || from public disclosure and from use for any purpose other than prosecuting this 8 || litigation may be warranted. Accordingly, Plaintiffs and Defendant Transamerica 9 || Life Insurance Company (“TLIC”) hereby stipulate to and petition the Court to 10 || enter the following Stipulated Protective Order (“Order”). The parties acknowledge 11 || that this Order does not confer blanket protections on all disclosures or responses to 12 || discovery and that the protection it affords from public disclosure and use extends 13 || only to the limited information or items that are entitled to confidential treatment 14 || under the applicable legal principles. The parties further acknowledge, as set forth 15 }| in Section 12.3 (Filing Protected Material), below, that this Protective Order does 16 || not entitle them to file confidential information under seal; Local Civil Rule 79-5 17 || and the Court’s Guide to Electronically Filing Under Seal Documents in Civil 18 || Cases set forth the procedures that must be followed and the standards that will be 19 || applied when a party seeks permission from the Court to file material under seal. 20 There is a strong presumption that the public has a right of access to judicial 21 || proceedings and records in civil cases. In connection with non-dispositive motions, 22 || good cause must be shown to support a filing under seal. See Kamakana v. City 23 || and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. 24 || Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 25 || Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 26 || orders require good cause showing), and a specific showing of good cause or 27 || compelling reasons with proper evidentiary support and legal justification, must be 28 || made with respect to Protected Material that a party seeks to file under seal. The -2-

1 || parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 2 || or HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY does not—without 3 || the submission of competent evidence by declaration, establishing that the material 4 || sought to be filed under seal qualifies as confidential, privileged, or otherwise 5 || protectable—constitute good cause. 6 Further, if a party requests sealing related to a dispositive motion or trial, 7 || then compelling reasons, not only good cause, for the sealing must be shown, and 8 || the relief sought shall be narrowly tailored to serve the specific interest to be 9 || protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 10 |} 2010). For each item or type of information, document, or thing sought to be filed 11 || or introduced under seal in connection with a dispositive motion or trial, the party 12 || seeking protection must articulate compelling reasons, supported by specific facts 13 || and legal justification, for the requested sealing order. Again, competent evidence 14 || supporting the application to file documents under seal must be provided by 15 || declaration. 16 Any document that is not confidential, privileged, or otherwise protectable in 17 || its entirety will not be filed under seal if the confidential portions can be redacted. 18 || If documents can be redacted, then a redacted version for public viewing, omitting 19 || only the confidential, privileged, or otherwise protectable portions of the document, 20 || shall be filed. Any application that seeks to file documents under seal in their 21 || entirety should include an explanation of why redaction is not feasible. 22 || 2. DEFINITIONS 23 2.1 Acknowledgment: the “Acknowledgment and Agreement to be 24 || Bound” form attached as Exhibit A to this Order. 25 2.2 Action: JANET T. SULLIVAN and JANET T. SULLIVAN, AS 26 || TRUSTEE OF THE TEUTON IRREVOCABLE TRUST DATED JUNE 21, 2002 v. 27 || Transamerica Life Insurance Company, Case No. 2:21-cv-00645-CAS-GIJS. 28

1 2.3. Challenging Party: A Party or Non-Party that challenges the 2 || designation of information or items under this Order. 3 2.4 “CONFIDENTIAL” Information or Items: Confidential proprietary or 4 || commercially sensitive business and financial information, trade secrets, and 5 || personal information which is not generally known or publicly available and which 6 || the Designating Party would not normally reveal to third parties or information that 7 || otherwise meets the standard for protection set forth in Rule 26(c) of the Federal 8 || Rules of Civil Procedure. It is the intent of the parties that information will not be 9 || designated as confidential for tactical reasons and that nothing be so designated 10 || without a good faith belief that it has been maintained in a confidential non-public 11 || manner, and there is good cause why it should not be part of the public record of 12 || this Action. 13 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 14 || their support staff). 15 2.6 Designating Party: A Party or Non-Party that designates information or 16 || items that it produces or that are produced in disclosures or in response to discovery 17 || as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES 18 |} ONLY.” 19 2.7 Disclosure or Discovery Material: All items or information, regardless 20 || of the medium or manner in which it is generated, stored, or maintained (including, 21 || among other things, testimony, transcripts, and tangible things), that are produced 22 || or generated in disclosures or responses to discovery in this matter. 23 2.8 Expert: A person with specialized knowledge or experience in a matter 24 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 25 || an expert witness or as a consultant in this Action and who is not a past or current 26 || employee of a Party or a current employee of a Party’s competitor and who, at the 27 || time of retention, is not anticipated to become an employee of a Party or a 28

1 || competitor of a Party. This definition includes a professional jury or trial 2 || consultant retained in connection with this litigation. 3 2.9 “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES ONLY” 4 || Information or Items: Extremely sensitive “Confidential Information or Items,” 5 || disclosure of which to another Party or Non-Party would create a substantial risk of 6 || serious harm that could not be avoided by less restrictive means. 7 2.10 House Counsel: Attorneys who are employees for a Party or of an 8 || entity that owns an interest in a Party and is responsible for controlling or directing 9 || the litigation. House Counsel does not include Outside Counsel of Record or any 10 || other outside counsel. 11 2.11 Non-Party: Any natural person, partnership, corporation, association, 12 || or other legal entity not named as a Party to this action. 13 2.12 Outside Counsel of Record: Attorneys who are not employees of a 14 || party to this Action but are retained to represent or advise a party to this Action and 15 || have appeared in this Action on behalf of that party or are affiliated with a law firm 16 || that has appeared on behalf of that party, including support staff. 17 2.13 Party: Any party to this Action, including its House Counsel, officers, 18 || directors, employees, consultants, and retained experts. 19 2.14 Parent: An entity that owns, or conducts the business affairs of, the 20 || Receiving Party and is responsible for controlling and directing the litigation. 21 2.15 Producing Party: A Party or Non-Party that produces Disclosure or 22 || Discovery Material in this Action. 23 2.16 Professional Vendors: Persons or entities that provide litigation 24 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or 25 || demonstrations, and organizing, storing or retrieving data in any form or medium) 26 || and their employees and subcontractors. 27 28

1 2.17 Protected Material: Any Disclosure or Discovery Material that is 2 || designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- 3 || ATTORNEYS’ EYES ONLY.” 4 2.18 Receiving Party: A Party that receives Disclosure or Discovery 5 || Material from a Producing Party. 6 2.19 Related Actions: Feller v. Transamerica Life Insurance Co., No. 2:16- 7 || cv-01378-CAS-GJSx (C.D. Cal. filed Feb. 28, 2016) (“Feller”); EFG Bank AG 8 || Cayman Branch, et al. v. Transamerica Life Insurance Co., Case No. 2:16-cv- 9 || 08104-CAS-GJSx (C.D. Cal. filed Oct. 31, 2016) (““EFG’’). 10] 3. SCOPE 11 The protections conferred by this Order cover not only Protected Material (as 12 || defined above), but also (1) any information copied or extracted from Protected 13 |} Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 14 || and (3) any testimony, conversations, or presentations by Parties or their Counsel or 15 || their Experts that might reveal Protected Material. Any use of Protected Material at 16 || trial shall be governed by the orders of the trial judge. This Order does not govern 17 || the use of Protected Material at trial. 18 } 4. DURATION 19 FINAL DISPOSITION of the action is defined as the conclusion of any 20 || appellate proceedings, or, if no appeal is taken, when the time for filing of an 21 || appeal has run. Except as set forth below, the terms of this Order apply through 22 || FINAL DISPOSITION. The parties stipulate that they will be contractually bound 23 || by the terms of this agreement beyond FINAL DISPOSITION, and that they will 24 || have to file a separate action for enforcement of the agreement once FINAL 25 || DISPOSITION of the action occurs. 26 Once a case proceeds to trial, information that was designated as 27 || CONFIDENTIAL, HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY, or 28 || maintained pursuant to this protective order used or introduced as an exhibit at trial

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

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

1 || the deposition or by sending a letter to all Outside Counsel of Record and to the 2 || deposition reporter designating by page and line any portions of the transcript to be 3 || so restricted, or the entire transcript if applicable, within thirty (30) days after 4 || receiving the deposition transcript and specifying the level of protection being 5 || asserted. 6 During this 30-day period, a transcript will be treated as if it had been 7 || designated “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES ONLY?” in its 8 || entirety unless otherwise agreed. After the expiration of that period, the transcript 9 || shall be treated only as actually designated. 10 When deposition testimony is designated Protected Material by informing the 11 || reporter during the deposition, the transcript containing Protected Material shall 12 || have an obvious legend on the title page that the transcript contains Protected 13 || Material, and the title page shall be followed by a list of all pages (including line 14 || numbers-as appropriate) that have been designated as Protected Material and the 15 || level of protection being asserted by the Designating Party. 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 19 || other parties can ensure that only authorized individuals who have signed the 20 || Acknowledgment are present at those proceedings. The use of a document as an 21 || exhibit at a deposition shall not in any way affects its designation as 22 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES 23 || ONLY.” 24 (c) for information produced in some form other than documentary and 25 || for any other tangible items, that the Producing Party affix in a prominent place on 26 || the exterior of the container or containers in which the information is stored the 27 || legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ 28

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

1 || business, treatment of such documents prior to or after the conclusion of this Action 2 || shall be governed by this Order. 3 5.5 Specific Provisions Concerning the Disclosure of Personally 4 || Identifiable Information (“PII”). When PII (e.g., names, addresses, Social Security 5 || numbers, phone numbers, etc.) is disclosed between the Parties as authorized by 6 || this Order, the PI of any individuals whose claims are not at issue in this lawsuit 7 || and who are otherwise identified in the Discovery Material may either be redacted 8 || to protect the identity of such individuals, or produced without redactions. Upon 9 || receipt of any PII, a Receiving Party shall take all reasonable measures necessary 10 || for protecting the PII from unauthorized disclosure as required under both state and 11 || federal law. 12 | 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS. 13 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 14 || designation of confidentiality at any time that is consistent with the Court’s 15 || Scheduling Order. Unless a prompt challenge to a Designating Party’s 16 || confidentiality designation is necessary to avoid foreseeable, substantial unfairness, 17 || unnecessary economic burdens, or a significant disruption or delay of the litigation, 18 || a Party does not waive its right to challenge a confidentiality designation by 19 || electing not to mount a challenge promptly after the original designation is 20 || disclosed. 21 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 22 || resolution process under Local Rule 37-1. In conferring, the Challenging Party 23 || must explain the basis for its belief that the confidentiality designation was not 24 || proper and must give the Designating Party an opportunity to review the designated 25 || material, to reconsider the circumstances, and, if no change in designation is 26 || offered, to explain the basis for the chosen designation. 27 6.3 The burden of persuasion in any such challenge proceeding shall be on 28 || the Designating Party. Frivolous designations or challenges, and those designations

1 || or challenges made for an improper purpose (e.g., to harass or impose unnecessary 2 || expenses and burdens on other parties) may expose the respective Designating 3 || Party or Challenging Party to sanctions. Unless the Designating Party has waived 4 || or withdrawn the confidentiality designation, all parties shall continue to afford the 5 || material in question the level of protection to which it is entitled under the 6 || Designating Party’s designation until the Court rules on the challenge. 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). Protected Material must be stored and maintained by a Receiving 15 || Party at a location and in a secure manner that ensures that access is limited to the 16 || persons authorized under this Order. 17 Notwithstanding anything in this Order, to the extent documents produced by 18 || TLIC in this Action were originally produced in Feller using the Feller Bates 19 || numbers or EFG using the EF'G Bates numbers, and depositions taken against 20 || TLIC or TLIC-affiliated witnesses in the Related Actions, such documents and 21 || depositions will be produced in this Action in accordance with the procedures 22 || agreed to by the parties in the Stipulated Order Regarding Electronically Stored 23 || Information and Document Production where applicable, as well as the Federal 24 || Rules of Civil Procedure and the Federal Rules of Evidence as to admissibility. The 25 || treatment of Confidential Material in those documents and depositions in this 26 || Action will be governed by this Order. The Parties further stipulate that 27 || Confidential Information produced by TLIC in the Related Actions only but 28 || excluded from this Action (1.e., Owner Specific Documents) may be disclosed to

1 || Outside Counsel of Record for Plaintiffs subject to the terms of this Agreement for 2 || the sole purpose of reviewing transcripts from depositions taken in the Related 3 || Actions and reducing litigation costs incurred through document hosting platforms. 4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 5 || otherwise ordered by the Court or permitted in writing by the Designating Party, a 6 || Receiving Party may disclose any information or item designated 7 || “CONFIDENTIAL” only to: 8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 9 || well as employees of said Outside Counsel of Record to whom it is reasonably 10 || necessary to disclose the information for this Action; 11 (b) the Receiving Party, including officers, directors, and employees 12 || Gncluding House Counsel) of the Receiving Party to whom disclosure is reasonably 13 || necessary for this Action; 14 (c) the Receiving Party’s Parents’ officers, directors, employees, or 15 || consultants, advisors, insurers and/or reinsurers (1) to whom disclosure 1s 16 || reasonably necessary for this Action, and (2) who have signed the 17 || Acknowledgment; 18 (d) Experts (as defined in this Order) of the Receiving Party to whom 19 || disclosure is reasonably necessary for this Action and who have signed the 20 || Acknowledgment; 21 (e) the Related Actions plaintiffs’ counsel only as to Protected 22 || Material in or deriving from documents with a Feller or EFG Bates number if such 23 || Protected Material already has been disclosed to such counsel; 24 (f) the Court and its personnel; 25 (g) court reporters and their staff; 26 (h) professional jury or trial consultants, mock jurors, and Professional 27 || Vendors to whom disclosure is reasonably necessary for this Action and who have 28 || signed the Acknowledgment;

1 (1) the author or recipient of a document containing the information or 2 || a custodian or other person who otherwise possessed or knew the information; 3 (j) during their depositions, witnesses, and attorneys for witnesses, in 4 || the Action to whom disclosure is reasonably necessary provided: (1) the deposing 5 || party requests that the witness sign the Acknowledgment; and (2) they will not be 6 || permitted to keep any confidential information unless they sign the 7 || Acknowledgment, unless otherwise agreed by the Designating Party or ordered by 8 || the Court; and 9 (k) any mediator or settlement officer, and their supporting personnel, 10 || mutually agreed upon by any of the parties engaged in settlement discussions and 11 || who have signed the Acknowledgment. 12 7.3. Disclosure of “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES 13 |} ONLY Information or Items. Unless otherwise ordered by the Court or permitted 14 || in writing by the Designating Party, a Receiving Party may disclose any 15 || information or item designated “HIGHLY CONFIDENTIAL- ATTORNEYS’ 16 || EYES ONLY” only to: 17 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 18 || well as employees of said Outside Counsel of Record to whom it is reasonably 19 || necessary to disclose the information for this Action; 20 (b) House Counsel and up to five additional officers, directors, 21 || employees, consultants, advisors, insurers and/or reinsurers of TLIC if it is a 22 || Receiving Party, or Plaintiffs, combined, if they are a receiving party, to whom 23 || disclosure is reasonably necessary for this Action and who have signed the 24 || “Acknowledgment and Agreement to be Bound” (Exhibit A). A House Counsel 25 || who is a member of the Bar of any state in the United States need not sign the 26 || Acknowledgment. 27 28

1 (c) Experts (as defined in this Order) of the Receiving Party to whom 2 || disclosure is reasonably necessary for this Action and who have signed the 3 || Acknowledgment; 4 (d) the Related Actions plaintiffs’ counsel only as to Protected 5 || Material in or deriving from documents with a Feller, or EFG Bates number if such 6 || Protected Material already has been disclosed to such counsel; 7 (e) the Court and its personnel; 8 (f) court reporters and their staff; 9 (g) professional jury or trial consultants, mock jurors, and Professional 10 || Vendors to whom disclosure is reasonably necessary for this Action and who have 11 |} signed the Acknowledgment; 12 (h) the author or recipient of a document containing the information or 13 || a custodian or other person who otherwise possessed or knew the information; 14 (i) during their depositions, witnesses, and attorneys for witnesses, in 15 || the Action to whom disclosure is reasonably necessary provided the witness signs 16 || the Acknowledgment; and 17 (j) any mediator or settlement officer, and their supporting personnel, 18 || mutually agreed upon by any of the parties engaged in settlement discussions and 19 || who have signed the Acknowledgment. 20 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 21 PRODUCED 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” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES 25 || ONLY” that Party must: 26 (a) promptly notify in writing the Designating Party. Such notification shall 27 || include a copy of the subpoena or court order; 28

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

1 || subject to an agreement with the Non-Party not to produce the Non-Party’s 2 || confidential information, then the Party shall: 3 (1) promptly notify in writing the Requesting Party and the Non-Party 4 || that some or all of the information requested is subject to a confidentiality 5 || agreement with a Non-Party; 6 (2) promptly provide the Non-Party with a copy of the Order in this 7 || Action, the relevant discovery request(s), and a reasonably specific description of 8 || the information requested; and 9 (3) make the information requested available for inspection by the 10 || Non-Party, if requested. 11 (c) If the Non-Party fails to seek a protective order from this court within 21 12 || days of receiving the notice and accompanying information, the Receiving Party 13 || may produce the Non-Party’s confidential information responsive to the discovery 14 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall 15 || not produce any information in its possession or control that is subject to the 16 || confidentiality agreement with the Non-Party before a determination by the court. 17 |} Absent a court order to the contrary, the Non-Party shall bear the burden and 18 || expense of seeking protection in this court of its Protected Material. 19} 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 20 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 21 || Protected Material to any person or in any circumstance not authorized under this 22 || Order, the Receiving Party must immediately (a) notify in writing the Designating 23 || Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 24 || unauthorized copies of the Protected Material, (c) inform the person or persons to 25 || whom unauthorized disclosures were made of all the terms of this Order, and (d) 26 || request such person or persons to execute the Acknowledgment. 27 || 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 28 PROTECTED MATERIAL

1 When a Producing Party gives notice to Receiving Parties that certain 2 || inadvertently produced material is subject to a claim of privilege or other protection 3 || (e.g., work product immunity), the obligations of the Receiving Parties are those set 4 || forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended 5 || to modify whatever procedure may be established in an e-discovery order that 6 || provides for production without prior privilege review. Pursuant to Federal Rule of 7 || Evidence 502(d) and (e), the parties agree that the inadvertent or unintentional 8 || disclosure by the Producing Party of material that is privileged or subject to other 9 || protection shall not be deemed a waiver in whole or in part of the claim of privilege 10 || or other protection, either as to the specific information disclosed or as to any other 11 || information relating thereto on the same or related subject matter. 12 Upon learning of an inadvertent or unintentional disclosure of privileged 13 || information, the Producing Party shall provide written notice to the parties who 14 || have received such information. If the Receiving Party does not timely challenge 15 || the assertion of privilege, then within ten business days of the date of that written 16 || notice, the documents or materials described in that notice (“Privileged 17 || Documents”) shall be returned to counsel for the Producing Party or destroyed by 18 || the Receiving Party, and in the same time frame, any notes or other writing or 19 || recordings that copy, summarize, reflect, or discuss the content of the Privileged 20 || Documents (‘Privileged Notes”) shall be destroyed by the Receiving Party. No use 21 || shall be made of such documents or materials from such inadvertent production 22 || during deposition or at trial, nor shall such documents or materials be provided to 23 || anyone who did not already have access to them prior to the request by the 24 || Producing Party that they be returned. 25 If the Receiving Party intends to challenge the assertion of privilege, it must 26 || provide written notice within this ten-day period explaining the grounds for its 27 || challenge, initiate the dispute resolution process under Local Rule 37.1, and 28 || sequester the Privileged Documents and Privileged Notes.

1 If the Parties cannot resolve a challenge without court intervention, the 2 || Receiving Party may move the Court for an order compelling production of any 3 || Privileged Documents in compliance with Local Rule 37, but the motion shall not 4 || assert as a ground for production the fact of the inadvertent production or 5 || disclosure. Pending the Court’s ruling, the party challenging the assertion of 6 || privilege shall sequester the Privileged Documents and Privileged Notes and shall 7 || not make any use of such information. 8 12. MISCELLANEOUS 9 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 10 || person to seek its modification by the Court in the future. 11 12.2 Right to Assert Other Objections. By stipulating to the entry of this 12 || Order, no Party waives any right it otherwise would have to object to disclosing or 13 || producing any information or item on any ground not addressed in this Order. 14 || Similarly, no Party waives any right to object on any ground to use in evidence of 15 || any of the material covered by this Protective Order. 16 12.3 Filing Protected Material. A Party that seeks to file under seal any 17 || Protected Material must comply with Local Civil Rule 79-5. Protected Material 18 || may only be filed under seal pursuant to a court order authorizing the sealing of the 19 || specific Protected Material at issue. If a Party’s request to file Protected Material 20 || under seal is denied by the court, then the Receiving Party may file the information 21 || in the public record unless otherwise instructed by the court. 22 || 13. FINAL DISPOSITION 23 After the final disposition of this Action, as defined in Section 4 24 || (DURATION), within 60 days of a written request by the Designating Party, each 25 || Receiving Party must return all Protected Material to the Producing Party or destroy 26 || such material, except such material that exists on back-up tapes or similar storage 27 || and systems, in which case such material need not be immediately deleted or 28 || destroyed, and instead, should be overwritten and destroyed in the normal course of

1 || business. Until that material is overwritten and destroyed in the normal course of 2 || business, the Receiving Party will take reasonable steps to limit access, if any, to 3 || the persons necessary to conduct routine IT and cybersecurity functions. As used in 4 || this subdivision, “all Protected Material” includes all copies, abstracts, 5 || compilations, summaries, and any other format reproducing or capturing any of the 6 || Protected Material. Whether the Protected Material is returned or destroyed, the 7 || Receiving Party must submit a written certification to the Producing Party (and, if 8 || not the same person or entity, to the Designating Party) by the 60 day deadline that 9 || (1) identifies (by category, where appropriate) all the Protected Material that was 10 || returned or destroyed and (2) affirms that the Receiving Party has not retained any 11 || copies, abstracts, compilations, summaries or any other format reproducing or 12 || capturing any of the Protected Material. Notwithstanding this provision, Counsel 13 || are entitled to retain an archival copy of all pleadings, motion papers, trial, 14 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition 15 || and trial exhibits, expert reports, attorney work product, and consultant and expert 16 || work product, even if such materials contain Protected Material. Any such archival 17 || copies that contain or constitute Protected Material remain subject to this Protective 18 || Order as set forth in Section 4 (DURATION). 19 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 20 || Dated: September 21, 2021 ARENT FOX LLP 21 22 By: /s/ Eranio M. Dolenac 23 Pan eM Balenac 24 Attorneys for Plaintiffs 25 SULLIVAN, AS TRUSTEE OF THE 26 IUNE SL IRREVOCABLE TRUST DATED

27 28

1 || Dated: September 21, 2021 McDOWELL HETHERINGTON LLP 2 3 By: /s/ Hutson B. Smelley 4 Hutson B. Smelley 5 TRANSAMERICA LIFE INSURANCE 6 COMPANY

7 I, Hutson B. Smelley, in accordance with Local Rule 5-4.3.4, attest that all 8 || other signatories listed, and on whose behalf this filing is submitted, concur in the 9 || filing’s content and have authorized the filing. 10 11 |) Dated: September 21, 2021 /s/ Hutson B. Smelley 12 Hutson B. Smelley

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

15 6 Dated: September 23, 2021 Ua 7 United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28

l EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, [print or type full name], of 4 [print or type full address], declare under penalty of perjury 5 || that I have read in its entirety and understand the Stipulated Protective Order that 6 || was issued by the United States District Court for the Central District of California 7 || on [date] in the case of JANET T. SULLIVAN and JANET T. 8 || SULLIVAN, AS TRUSTEE OF THE TEUTON IRREVOCABLE TRUST DATED 9 || JUNE 21, 2002 v. Transamerica Life Insurance Company, Case No. 2:21-cv- 10 || 00645-CAS-GJS. I agree to comply with and to be bound by all the terms of this 11 || Stipulated Protective Order and I understand and acknowledge that failure to so 12 || comply could expose me to sanctions and punishment in the nature of contempt. I 13 || solemnly promise that I will not disclose in any manner any information or item 14 || that is subject to this Stipulated Protective Order to any person or entity except in 15 || strict compliance with the provisions of this Stipulated Protective Order. I further 16 || agree to submit to the jurisdiction of the United States District Court for the Central 17 || District of California for enforcing the terms of this Stipulated Protective Order, 18 || even if such enforcement proceedings occur after termination of this action. I 19 || hereby appoint [print or type full name] of 20 [print or type full address and 21 || telephone number] as my California agent for service of process in connection with 22 || this action or any proceedings related to enforcement of this Stipulated Protective 23 || Order. 24 25 || Date: 26 |) City and State where sworn and signed: 27 || Printed name: 28 || Signature: