Aphrodite Tina Weinstein-Nernberg v. Banner Life Insurance Company

Case □□□□□□□□□□□□□□□□□□□□□□ Document 22 Filed 03/01/22 Page1of16 Page ID #:154 ! ROBERT S. GIANELLI, #82116 2 ||JOSHUA S. DAVIS, #193187 ADRIAN J. BARRIO, #219266 3 || GIANELLI & MORRIS, A Law Corporation 4 ||550 South Hope Street, Suite 1645 Los Angeles, CA 90071 > || Tel: (213) 489-1600; Fax: (213) 489-1611 6 ||rob.gianelli@gmlawyers.com joshua.davis@gmlawyers.com 7 adrian.barrio@gmlawyers.com 9 Attorneys for Plaintiff Aphrodite Tina Weinstein-Nernberg, 10 ||on behalf of herself and all others similarly situated 1] [12] UNITED STATES DISTRICT COURT [13] CENTRAL DISTRICT OF CALIFORNIA [14] 15 || APHRODITE TINA WEINSTEIN- CASE NO.: 2:21-cv-9270-FLA-GJS 16 || NERNBERG, on behalf of herself and Assigned to Hon. Fernando L. Aenelleall others similarly situated, Rocha [17] 18 Plaintitt, DISCOVERY MATTERS 19 V. PROPOSED STIPULATED [20] BANNER LIFE INSURANCE ROTECTIVE ORDER 21 || COMPANY, 2 Defendant. [27] 9g || | This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Gail J. Standish’s Procedures. Case 2~:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 2of16 Page ID #:155 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 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, customer and pricing lists and 13 || other valuable research, development, commercial, financial, technical and/or 14 || proprietary information for which special protection from public disclosure and 15 || from use for any purpose other than prosecution of this action is warranted. Such 16 || confidential and proprietary materials and information consist of, among other 17 || things, confidential business or financial information, information regarding 18 || confidential business practices, or other confidential research, development, or 19 || commercial information, and information otherwise generally unavailable to the 20 || public. Accordingly, to expedite the flow of information, to facilitate the prompt 21 || resolution of disputes over confidentiality of discovery materials, to adequately 22 || protect information the parties are entitled to keep confidential, to ensure that the 23 || parties are permitted reasonable necessary uses of such material in preparation for 24 || and in the conduct of trial, to address their handling at the end of the litigation, and 25 || serve the ends of justice, a protective order for such information is justified in this 26 || matter. It is the intent of the parties that information will not be designated as 27 || confidential for tactical reasons and that nothing be so designated without a good [28] Case P:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page3of16 Page ID #:156 1 || faith belief that it has been maintained in a confidential, non-public manner, and 2 || there is good cause why it should not be part of the public record of this case. 3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 4 The parties further acknowledge, as set forth in Section 12.3, below, that this 5 || Stipulated Protective Order does not entitle them to file confidential information 6 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 7 || and the standards that will be applied when a party seeks permission from the Court 8 || to file material under seal. 9 There is a strong presumption that the public has a right of access to judicial 10 || proceedings and records in civil cases. In connection with non-dispositive motions, 11 || good cause must be shown to support a filing under seal. See Kamakana v. City and 12 || County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 13 || Corp., 307 F.3d 1206 , 1210-11 (9th Cir. 2002), Makar-Welbon vy. Sony Electrics, 14 || Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 15 || require good cause showing), and a specific showing of good cause or compelling 16 || reasons with proper evidentiary support and legal justification, must be made with 17 || respect to Protected Material that a party seeks to file under seal. The parties’ mere 18 || designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 19 || without the submission of competent evidence by declaration, establishing that the 20 || material sought to be filed under seal qualifies as confidential, privileged, or 21 || otherwise protectable—constitute good cause. 22 Further, if a party requests sealing related to a dispositive motion or trial, then 23 || compelling reasons, not only good cause, for the sealing must be shown, and the 24 || relief sought shall be narrowly tailored to serve the specific interest to be protected. 25 || See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 26 || each item or type of information, document, or thing sought to be filed or introduced 27 || under seal in connection with a dispositive motion or trial, the party seeking 28 || protection must articulate compelling reasons, supported by specific facts and legal Case P:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 4of16 Page ID #:157 1 || justification, for the requested sealing order. Again, competent evidence supporting 2 || the application to file documents under seal must be provided by declaration. 3 Any document that is not confidential, privileged, or otherwise protectable in 4 || its entirety will not be filed under seal if the confidential portions can be redacted. 5 || If documents can be redacted, then a redacted version for public viewing, omitting 6 || only the confidential, privileged, or otherwise protectable portions of the document, 7 || shall be filed. Any application that seeks to file documents under seal in their 8 || entirety should include an explanation of why redaction is not feasible. 9 || 2. DEFINITIONS 10 2.1 Action: this pending federal lawsuit. 11 2.2 Challenging Party: a Party or Non-Party that challenges the 12 || designation of information or items under this Order. 13 2.3. “CONFIDENTIAL” Information or Items: information (regardless of 14 || how it is generated, stored or maintained) or tangible things that qualify for 15 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in 16 || the Good Cause Statement. 17 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 18 || their support staff). 19 2.5 Designating Party: a Party or Non-Party that designates information or 20 || items that it produces in disclosures or in responses to discovery as 21 || “CONFIDENTIAL.” 22 2.6 Disclosure or Discovery Material: all items or information, regardless 23 || of the medium or manner in which it is generated, stored, or maintained (including, 24 || among other things, testimony, transcripts, and tangible things), that are produced or 25 || generated in disclosures or responses to discovery in this matter. 26 2.7 Expert: a person with specialized knowledge or experience in a matter 27 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 28 || an expert witness or as a consultant in this Action. Case P:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page5of16 Page ID #:158 1 2.8 House Counsel: attorneys who are employees of a party to this Action. 2 || House Counsel does not include Outside Counsel of Record or any other outside 3 || counsel. 4 2.9 Non-Party: any natural person, partnership, corporation, association or 5 || other legal entity not named as a Party to this action. 6 2.10 Qutside Counsel of Record: attorneys who are not employees of a 7 || party to this Action but are retained to represent or advise a party to this Action and 8 || have appeared in this Action on behalf of that party or are affiliated with a law firm 9 || that has appeared on behalf of that party, and includes support staff. 10 2.11 Party: any party to this Action, including all of its officers, directors, 11 || employees, consultants, retained experts, and Outside Counsel of Record (and their 12 || support staffs). 13 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 14 || Discovery Material in this Action. 15 2.13 Professional Vendors: persons or entities that provide litigation 16 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or 17 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 18 || and their employees and subcontractors. 19 2.14 Protected Material: any Disclosure or Discovery Material that is 20 || designated as “CONFIDENTIAL.” 21 2.15 Receiving Party: a Party that receives Disclosure or Discovery 22 || Material from a Producing Party. 23 || 3. SCOPE 24 The protections conferred by this Stipulation and Order cover not only 25 || Protected Material (as defined above), but also (1) any information copied or 26 || extracted from Protected Material; (2) all copies, excerpts, summaries, or 27 || compilations of Protected Material; and (3) any testimony, conversations, or 28 || presentations by Parties or their Counsel that might reveal Protected Material. Case P:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 6of16 Page ID #:159 1 Any use of Protected Material at trial shall be governed by the orders of the 2 || trial judge. This Order does not govern the use of Protected Material at trial. 3 || 4. DURATION 4 FINAL DISPOSITION of the action is defined as the conclusion of any 5 || appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 6 || has run. Except as set forth below, the terms of this protective order apply through 7 || FINAL DISPOSITION of the action. The parties may stipulate that they will be 8 || contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 9 || but will have to file a separate action for enforcement of the agreement once all 10 || proceedings in this case are complete. 11 Once a case proceeds to trial, information that was designated as 12 || CONFIDENTIAL or maintained pursuant to this protective order used or introduced 13 || as an exhibit at trial becomes public and will be presumptively available to all 14 || members of the public, including the press, unless compelling reasons supported by 15 || specific factual findings to proceed otherwise are made to the trial judge in advance 16 || of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 17 || showing for sealing documents produced in discovery from “compelling reasons” 18 || standard when merits-related documents are part of court record). Accordingly, for 19 || such materials, the terms of this protective order do not extend beyond the 20 || commencement of the trial. 21 || 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. 23 || Each Party or Non-Party that designates information or items for protection under 24 || this Order must take care to limit any such designation to specific material that 25 || qualifies under the appropriate standards. The Designating Party must designate for 26 || protection only those parts of material, documents, items or oral or written 27 || communications that qualify so that other portions of the material, documents, items 28 || or communications for which protection is not warranted are not swept unjustifiably Case P:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 7of16 Page ID #:160 1 || within the ambit of this Order. 2 Mass, indiscriminate or routinized designations are prohibited. Designations 3 || that are shown to be clearly unjustified or that have been made for an improper 4 || purpose (e.g., to unnecessarily encumber the case development process or to impose 5 || unnecessary expenses and burdens on other parties) may expose the Designating 6 || Party to sanctions. 7 If it comes to a Designating Party’s attention that information or items that it 8 || designated for protection do not qualify for protection, that Designating Party must 9 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 10 5.2. Manner and Timing of Designations. Except as otherwise provided in 11 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 12 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 13 || under this Order must be clearly so designated before the material is disclosed or 14 || produced. 15 Designation in conformity with this Order requires: 16 (a) for information in documentary form (e.g., paper or electronic 17 || documents, but excluding transcripts of depositions or other pretrial or trial 18 || proceedings), that the Producing Party affix at a minimum, the legend 19 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 20 || contains protected material. If only a portion of the material on a page qualifies for 21 || protection, the Producing Party also must clearly identify the protected portion(s) 22 || (e.g., by making appropriate markings in the margins). 23 A Party or Non-Party that makes original documents available for inspection 24 || need not designate them for protection until after the inspecting Party has indicated 25 || which documents it would like copied and produced. During the inspection and 26 || before the designation, all of the material made available for inspection shall be 27 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the 28 || documents it wants copied and produced, the Producing Party must determine which Case P:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 8of16 Page #161 1 || documents, or portions thereof, qualify for protection under this Order. Then, 2 || before producing the specified documents, the Producing Party must affix the 3 || “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 4 || portion of the material on a page qualifies for protection, the Producing Party also 5 || must clearly identify the protected portion(s) (e.g., by making appropriate markings 6 || in the margins). 7 (b) for testimony given in depositions that the Designating Party either (i) 8 || identifies the Disclosure or Discovery Material on the record, before the close of the 9 || deposition all protected testimony; or (11) identifies the Disclosure or Discovery 10 || Material in writing within thirty (30) days after receipt of the deposition transcript. 11 (c) for information produced in some form other than documentary and 12 || for any other tangible items, that the Producing Party affix in a prominent place on 13 || the exterior of the container or containers in which the information 1s stored the 14 || legend “CONFIDENTIAL.” If only a portion or portions of the information 15 || warrants protection, the Producing Party, to the extent practicable, shall identify the 16 || protected portion(s). 17 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent 18 || failure to designate qualified information or items does not, standing alone, waive 19 || the Designating Party’s right to secure protection under this Order for such material. 20 || Upon timely correction of a designation, the Receiving Party must make reasonable 21 || efforts to assure that the material is treated in accordance with the provisions of this 22 || Order. 23 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 24 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 25 || designation of confidentiality at any time that is consistent with the Court’s 26 || Scheduling Order. 27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 28 || resolution process under Local Rule 37.1 et seq. Case P:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page9of16 Page ID #162 1 6.3. The burden of persuasion in any such challenge proceeding shall be on 2 || the Designating Party. Frivolous challenges, and those made for an improper 3 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 4 || parties) may expose the Challenging Party to sanctions. Unless the Designating 5 || Party has waived or withdrawn the confidentiality designation, all parties shall 6 || continue to afford the material in question the level of protection to which it is 7 || entitled under the Producing Party’s designation until the Court rules on the 8 || challenge. 9 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL 10 7.1 Basic Principles. A Receiving Party may use Protected Material that is 11 || disclosed or produced by another Party or by a Non-Party in connection with this 12 || Action only for prosecuting, defending or attempting to settle this Action. Such 13 || Protected Material may be disclosed only to the categories of persons and under the 14 || conditions described in this Order. When the Action has been terminated, a 15 || Receiving Party must comply with the provisions of section 13 below (FINAL 16 || DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a 18 || location and in a secure manner that ensures that access is limited to the persons 19 || authorized under this Order. 20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 21 || otherwise ordered by the Court or permitted in writing by the Designating Party, a 22 || Receiving Party may disclose any information or item designated 23 || “CONFIDENTIAL” only to: 24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 25 || well as employees of said Outside Counsel of Record to whom it is reasonably 26 || necessary to disclose the information for this Action; 27 (b) the officers, directors, and employees (including House Counsel) of 28 || the Receiving Party to whom disclosure is reasonably necessary for this Action; Case 2:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 10o0f16 Page ID #:163 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 and Agreement to Be Bound” (Exhibit A); 4 (d) the Court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, mock jurors, and Professional 7 || Vendors to whom disclosure is reasonably necessary for this Action and who have 8 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (g) the author or recipient of a document containing the information or a 10 || custodian or other person who otherwise possessed or knew the information, or who 11 || previously had access to the information; 12 (h) during their depositions, witnesses, and attorneys for witnesses, in the 13 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party 14 || requests that the witness sign the form attached as Exhibit A hereto; and (2) they 15 || will not be permitted to keep any confidential information unless they sign the 16 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 17 || agreed by the Designating Party or ordered by the Court. Pages of transcribed 18 || deposition testimony or exhibits to depositions that reveal Protected Material may 19 || be separately bound by the court reporter and may not be disclosed to anyone except 20 || as permitted under this Stipulated Protective Order; and 21 (i) any mediator or settlement officer, and their supporting personnel, 22 || mutually agreed upon by any of the parties engaged in settlement discussions. 23 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 24 IN OTHER LITIGATION 25 If a Party is served with a subpoena or a court order issued in other litigation 26 || that compels disclosure of any information or items designated in this Action as 27 || “CONFIDENTIAL,” that Party must: 28 (a) promptly notify in writing the Designating Party. Such notification [10] Case 221-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 11of16 Page ID #:164 1 || shall include a copy of the subpoena or court order; 2 (b) promptly notify in writing the party who caused the subpoena or order 3 || to issue in the other litigation that some or all of the material covered by the 4 || subpoena or order is subject to this Protective Order. Such notification shall include 5 || acopy of this Stipulated Protective Order; and 6 (c) cooperate with respect to all reasonable procedures sought to be 7 || pursued by the Designating Party whose Protected Material may be affected. 8 If the Designating Party timely seeks a protective order, the Party served with 9 || the subpoena or court order shall not produce any information designated in this 10 || action as “CONFIDENTIAL” before a determination by the court from which the 11 || subpoena or order issued, unless the Party has obtained the Designating Party’s 12 || permission. The Designating Party shall bear the burden and expense of seeking 13 || protection in that court of its confidential material and nothing in these provisions 14 || should be construed as authorizing or encouraging a Receiving Party in this Action 15 || to disobey a lawful directive from another court. 16 || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 17 PRODUCED IN THIS LITIGATION 18 (a) The terms of this Order are applicable to information produced by a 19 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 20 || produced by Non-Parties in connection with this litigation is protected by the 21 || remedies and relief provided by this Order. Nothing in these provisions should be 22 || construed as prohibiting a Non-Party from seeking additional protections. 23 (b) In the event that a Party is required, by a valid discovery request, to 24 || produce a Non-Party’s confidential information in its possession, and the Party is 25 || subject to an agreement with the Non-Party not to produce the Non-Party’s 26 || confidential information, then the Party shall: 27 (1) promptly notify in writing the Requesting Party and the Non-Party 28 || that some or all of the information requested is subject to a confidentiality [11] Case 221-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 12o0f16 Page ID #:165 1 || agreement with a Non-Party; 2 (2) promptly provide the Non-Party with a copy of the Stipulated 3 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 4 || specific description of the information requested; and 5 (3) make the information requested available for inspection by the 6 || Non-Party, if requested. 7 (c) If the Non-Party fails to seek a protective order from this Court within 8 || 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 || 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 16 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 17 || Protected Material to any person or in any circumstance not authorized under this 18 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in 19 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 20 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 21 || persons to whom unauthorized disclosures were made of all the terms of this Order, 22 || and (d) request such person or persons to execute the “Acknowledgment and 23 || Agreement to Be Bound” that is attached hereto as Exhibit A. 24 || 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 25 PROTECTED MATERIAL 26 When a Producing Party gives notice to Receiving Parties that certain 27 || inadvertently produced material is subject to a claim of privilege or other protection, 28 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil [12] Case 2:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 13o0f16 Page ID #:166 1 || Procedure 26(b)(5)(B). Any inadvertent disclosure of material subject to a claim of 2 || privilege or other protection shall not operate as a waiver of that privilege or 3 || protection in accordance with Federal Rule of Evidence 502(b). This provision is 4 || not intended to modify whatever procedure may be established in an e-discovery 5 || order that provides for production without prior privilege review. 6 || 12. MISCELLANEOUS 7 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 8 || person to seek its modification by the Court in the future. 9 12.2 Right to Assert Other Objections. By stipulating to the entry of this 10 || Protective Order, no Party waives any right it otherwise would have to object to 11 || disclosing or producing any information or item on any ground not addressed in this 12 || Stipulated Protective Order. Similarly, no Party waives any right to object on any 13 || ground to use in evidence of any of the material covered by this Protective Order. 14 12.3 Filing Protected Material. A Party that seeks to file under seal any 15 || Protected Material must comply with Local Civil Rule 79-5. Protected Material 16 || may only be filed under seal pursuant to a court order authorizing the sealing of the 17 || specific Protected Material at issue. If a Party’s request to file Protected Material 18 || under seal is denied by the court, then the Receiving Party may file the information 19 || in the public record unless otherwise instructed by the court. 20 || 13. FINAL DISPOSITION 21 After the final disposition of this Action, as defined in paragraph 4, within 60 22 || days of a written request by the Designating Party, each Receiving Party must return 23 || all Protected Material to the Producing Party or destroy such material. As used in 24 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 25 || summaries, and any other format reproducing or capturing any of the Protected 26 || Material. Whether the Protected Material is returned or destroyed, the Receiving 27 || Party must submit a written certification to the Producing Party (and, if not the same 28 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies [13] Case 221-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 14o0f16 Page ID #:167 1 || (by category, where appropriate) all the Protected Material that was returned or 2 || destroyed and (2) affirms that the Receiving Party has not retained any copies, 3 || abstracts, compilations, summaries or any other format reproducing or capturing any 4 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to 5 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 6 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 7 || reports, attorney work product, and consultant and expert work product, even if such 8 || materials contain Protected Material. Any such archival copies that contain or 9 |} constitute Protected Material remain subject to this Protective Order as set forth in 10 || Section 4 (DURATION). 11 |} /// 12 |} /// 13 |} /// 14 |} /// 15 |] /// 16 |] /// 17 || /// 18 || /// 19 | /// 20 | /// 21 | /// 22 | /// 23 | /// 24 | /// 25 | /// 26 | /// 27 | /// 28 || /// [14] Case 221-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 15o0f16 Page ID #:168 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 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 || DATED: February 25, 2022 GIANELLI & MORRIS g By: /s/ Adrian J. Barrio ROBERT S. GIANELLI 9 JOSHUA S. DAVIS 10 ADRIAN J. BARRIO Attorneys for Plaintiff ll vy || DATED: February 25, 2022 FAEGRE DRINKER BIDDLE & REATH LLP [14] By: /s/ TIMOTHY J. O°’DRISCOLL 15 TIMOTHY J. O’7DRISCOLL 16 ZOE K. WILHELM Attorneys for Defendant [18] Attestation 19 . . . . . I, Adrian J. Barrio, attest that all other signatories listed, and on whose behalf 20 . . . . . . this document is submitted, concur in the filing’s content and have authorized the 21 . filing. 22 /s/_Adrian J. Barrio 3 ADRIAN J. BARRIO 24 FOR GOOD CAUSE SHUWN, IT IS SO ORDERED. [25] 26 DATED: March 1, 2022 HON LE GAIL J. STANDISH 27 United States Magistrate Judge [15] Case 2:21-cv-09270-FLA-GJS Document 22 Filed 03/01/22 Page 16o0f16 Page ID #:169 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 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 Aphrodite Tina Weinstein-Nernberg v. Banner Life 9 || Insurance Company, Case No. 2:21-cv-9270 (C.D. Cal.). agree to comply with 10 || and to be bound by all the terms of this Stipulated Protective Order and I understand 11 || and acknowledge that failure to so comply could expose me to sanctions and 12 || punishment in the nature of contempt. I solemnly promise that I will not disclose in 13 || any manner any information or item that is subject to this Stipulated Protective 14 || Order to any person or entity except in strict compliance with the provisions of this 15 || Order. 16 || I further agree to submit to the jurisdiction of the United States District Court for the 17 || Central District of California for enforcing the terms of this Stipulated Protective 18 || Order, even if such enforcement proceedings occur after termination of this action. 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 || Date: 25 || City and State where sworn and signed: 26 || Printed Name: 27 || Signature: