Ocean Towers Housing Corporationv. Federal Insurance Company et al

Filing 16

STIPULATED PROTECTIVE ORDER by Magistrate Judge Suzanne H. Segal re Stipulation for Order 14 . (See document for details). (mr)

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1 2 3 4 5 6 7 8 BUCHALTER NEMER A Professional Corporation GLENN P. ZWANG (SBN: 112295) gzwang@buchalter.com BRANDON M. CARR (SBN: 280959) bcarr@buchalter.com CARL N. HAMMARSKJOLD (SBN: 280961) chammarskjold@buchalter.com 55 Second Street, Suite 1700 San Francisco, CA 94105-3493 Telephone: (415) 227-0900 Facsimile: (415) 227-0770 Attorneys for Plaintiff OCEAN TOWERS HOUSING CORPORATION 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 12 OCEAN TOWERS HOUSING CORPORATION, a California 14 corporation, Case No. 2:16-cv-06175-DMG (SSx) 13 STIPULATED PROTECTIVE ORDER Plaintiff, 15 [Discovery Document: Referred to Magistrate Judge Suzanne H. Segal] vs. 16 FEDERAL INSURANCE COMPANY, a New Jersey corporation, and DOES 1 18 through 30, inclusive, 17 Defendants. 19 20 21 22 1. A. PURPOSES AND LIMITATIONS Discovery in this Action is likely to involve production of confidential, 23 proprietary, or private information for which special protection from public 24 disclosure and from use for any purpose other than prosecuting this litigation may 25 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 26 enter the following Stipulated Protective Order. The parties acknowledge that this 27 Order does not confer blanket protections on all disclosures or responses to 28 discovery and that the protection it affords from public disclosure and use extends BUCHALTER NEMER A PROFES SION AL CORPORAT ION SAN FR ANCISCO 84069820v1 1 STIPULATED PROTECTIVE ORDER - Case No. 2:16-cv-06175-DMG-SS 1 only to the limited information or items that are entitled to confidential treatment 2 under the applicable legal principles. The parties further acknowledge, as set forth 3 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 4 file confidential information under seal; Civil Local Rule 79-5 sets forth the 5 procedures that must be followed and the standards that will be applied when a 6 party seeks permission from the court to file material under seal. B. GOOD CAUSE STATEMENT 7 8 This Action is likely to involve commercial, financial, and/or proprietary 9 information for which special protection from public disclosure and from use for 10 any purpose other than prosecution of this Action is warranted. Such confidential 11 and proprietary materials and information consist of, among other things, 12 confidential business or financial information (including information implicating 13 privacy rights of third parties), information that may be privileged or otherwise 14 protected from disclosure under state or federal statutes, court rules, case decisions, 15 or common law. Specifically, confidential discovery material in this insurance 16 coverage case includes attorney’s fee statements, financial documents disclosing 17 third party personal identification information, and documents produced in the 18 underlying action that are designated Confidential pursuant to the protective order 19 in that case. Accordingly, to expedite the flow of information, to facilitate the 20 prompt resolution of disputes over confidentiality of discovery materials, to 21 adequately protect information the parties are entitled to keep confidential, to 22 ensure that the parties are permitted reasonable necessary uses of such material in 23 preparation for and in the conduct of trial, to address their handling at the end of the 24 litigation, and serve the ends of justice, a protective order for such information is 25 justified in this matter. It is the intent of the parties that information will not be 26 designated as confidential for tactical reasons and that nothing be so designated 27 without a good faith belief that it has been maintained in a confidential, non-public 28 manner, and there is good cause why it should not be part of the public record of BUCHALTER NEMER A PROFES SION AL CORPORAT ION SAN FR ANCISCO 84069820v1 2 STIPULATED PROTECTIVE ORDER - Case No. 2:16-cv-06175-DMG-SS 1 this case. 2 2. 3 4 5 6 7 DEFINITIONS 2.1 Action: Ocean Towers Housing Corporation v. Federal Insurance Company, Case No. 2:16-cv-06175-DMG-SS. 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 8 how it is generated, stored or maintained) or tangible things that qualify for 9 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 10 11 12 13 the Good Cause Statement. 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or 14 items that it produces in disclosures or in responses to discovery as 15 “CONFIDENTIAL.” 16 2.6 Disclosure or Discovery Material: all items or information, regardless 17 of the medium or manner in which it is generated, stored, or maintained (including, 18 among other things, testimony, transcripts, and tangible things), that are produced 19 or generated in disclosures or responses to discovery in this matter. 20 2.7 Expert: a person with specialized knowledge or experience in a matter 21 pertinent to the litigation who has been retained by a Party or its counsel to serve as 22 an expert witness or as a consultant in this Action. 23 2.8 House Counsel: attorneys who are employees of a party to this Action. 24 House Counsel does not include Outside Counsel of Record or any other outside 25 counsel. 26 27 28 BUCHALTER NEMER A PROFES SION AL CORPORAT ION SAN FR ANCISCO 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this Action. 2.10 Outside Counsel of Record: attorneys who are not employees of a 84069820v1 3 STIPULATED PROTECTIVE ORDER - Case No. 2:16-cv-06175-DMG-SS 1 party to this Action but are retained to represent or advise a party to this Action and 2 have appeared in this Action on behalf of that party or are affiliated with a law firm 3 which has appeared on behalf of that party, and includes support staff. 2.11 Party: any party to this Action, including all of its officers, directors, 4 5 employees, consultants, retained experts, and Outside Counsel of Record (and their 6 support staffs). 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 7 8 Discovery Material in this Action. 9 2.13 Professional Vendors: persons or entities that provide litigation 10 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 11 demonstrations, and organizing, storing, or retrieving data in any form or medium) 12 and their employees and subcontractors. 2.14 Protected Material: any Disclosure or Discovery Material that is 13 14 designated as “CONFIDENTIAL.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery 15 16 Material from a Producing Party. 17 3. SCOPE 18 The protections conferred by this Stipulation and Order cover not only 19 Protected Material (as defined above), but also (1) any information copied or 20 extracted from Protected Material; (2) all copies, excerpts, summaries, or 21 compilations of Protected Material; and (3) any testimony, conversations, or 22 presentations by Parties or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the 23 24 trial judge. This Order does not govern the use of Protected Material at trial. 25 4. 26 DURATION Once a case proceeds to trial, all of the information that was designated as 27 confidential or maintained pursuant to this protective order becomes public and will 28 be presumptively available to all members of the public, including the press, unless BUCHALTER NEMER A PROFES SION AL CORPORAT ION SAN FR ANCISCO 84069820v1 4 STIPULATED PROTECTIVE ORDER - Case No. 2:16-cv-06175-DMG-SS 1 compelling reasons supported by specific factual findings to proceed otherwise are 2 made to the trial judge in advance of the trial. See Kamakana v. City and County of 3 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” 4 showing for sealing documents produced in discovery from “compelling reasons” 5 standard when merits-related documents are part of court record). Accordingly, the 6 terms of this protective order do not extend beyond the commencement of the trial. 7 5. 8 9 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information or items for protection under 10 this Order must take care to limit any such designation to specific material that 11 qualifies under the appropriate standards. The Designating Party must designate for 12 protection only those parts of material, documents, items, or oral or written 13 communications that qualify so that other portions of the material, documents, 14 items, or communications for which protection is not warranted are not swept 15 unjustifiably within the ambit of this Order. 16 Mass, indiscriminate, or routinized designations are prohibited. Designations 17 that are shown to be clearly unjustified or that have been made for an improper 18 purpose (e.g., to unnecessarily encumber the case development process or to 19 impose unnecessary expenses and burdens on other parties) may expose the 20 Designating Party to sanctions. 21 If it comes to a Designating Party’s attention that information or items that it 22 designated for protection do not qualify for protection, that Designating Party must 23 promptly notify all other Parties that it is withdrawing the inapplicable designation. 24 5.2 Manner and Timing of Designations. Except as otherwise provided in 25 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 26 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 27 under this Order must be clearly so designated before the material is disclosed or 28 produced. BUCHALTER NEMER A PROFES SION AL CORPORAT ION SAN FR ANCISCO 84069820v1 5 STIPULATED PROTECTIVE ORDER - Case No. 2:16-cv-06175-DMG-SS 1 Designation in conformity with this Order requires: (a) 2 for information in documentary form (e.g., paper or electronic 3 documents, but excluding transcripts of depositions or other pretrial or trial 4 proceedings), that the Producing Party affix at a minimum, the legend 5 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 6 contains protected material. If only a portion or portions of the material on a page 7 qualifies for protection, the Producing Party also must clearly identify the protected 8 portion(s) (e.g., by making appropriate markings in the margins). 9 A Party or Non-Party that makes original documents available for inspection 10 need not designate them for protection until after the inspecting Party has indicated 11 which documents it would like copied and produced. During the inspection and 12 before the designation, all of the material made available for inspection shall be 13 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 14 documents it wants copied and produced, the Producing Party must determine 15 which documents, or portions thereof, qualify for protection under this Order. Then, 16 before producing the specified documents, the Producing Party must affix the 17 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 18 portion or portions of the material on a page qualifies for protection, the Producing 19 Party also must clearly identify the protected portion(s) (e.g., by making 20 appropriate markings in the margins). (b) 21 for testimony given in depositions that the Designating Party 22 identify the Disclosure or Discovery Material on the record, before the close of the 23 deposition all protected testimony. (c) 24 for information produced in some form other than documentary 25 and for any other tangible items, that the Producing Party affix in a prominent place 26 on the exterior of the container or containers in which the information is stored the 27 legend “CONFIDENTIAL.” If only a portion or portions of the information 28 warrants protection, the Producing Party, to the extent practicable, shall identify the BUCHALTER NEMER A PROFES SION AL CORPORAT ION SAN FR ANCISCO 84069820v1 6 STIPULATED PROTECTIVE ORDER - Case No. 2:16-cv-06175-DMG-SS 1 protected portion(s). 5.3 2 Inadvertent Failures to Designate. If timely corrected, an inadvertent 3 failure to designate qualified information or items does not, standing alone, waive 4 the Designating Party’s right to secure protection under this Order for such 5 material. Upon timely correction of a designation, the Receiving Party must make 6 reasonable efforts to assure that the material is treated in accordance with the 7 provisions of this Order. 8 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 9 Timing of Challenges. Any Party or Non-Party may challenge a 10 designation of confidentiality at any time that is consistent with the Court’s 11 Scheduling Order. 6.2 12 13 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 6.3 14 The burden of persuasion in any such challenge proceeding shall be on 15 the Designating Party. Frivolous challenges, and those made for an improper 16 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 17 parties) may expose the Challenging Party to sanctions. Unless the Designating 18 Party has waived or withdrawn the confidentiality designation, all parties shall 19 continue to afford the material in question the level of protection to which it is 20 entitled under the Producing Party’s designation until the Court rules on the 21 challenge. 22 7. 23 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 24 disclosed or produced by another Party or by a Non-Party in connection with this 25 Action only for prosecuting, defending, or attempting to settle this Action. Such 26 Protected Material may be disclosed only to the categories of persons and under the 27 conditions described in this Order. When the Action has been terminated, a 28 Receiving Party must comply with the provisions of section 13 below (FINAL BUCHALTER NEMER A PROFES SION AL CORPORAT ION SAN FR ANCISCO 84069820v1 7 STIPULATED PROTECTIVE ORDER - Case No. 2:16-cv-06175-DMG-SS 1 2 DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a 3 location and in a secure manner that ensures that access is limited to the persons 4 authorized under this Order. Storing documents on a Party's internal electronic 5 document management system is sufficient to comply with the requirements of the 6 Stipulated Protective Order, regardless of whether other officers, directors or 7 employees of a Party not involved in the Action have access to the document 8 management system. 9 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 10 otherwise ordered by the court or permitted in writing by the Designating Party, a 11 Receiving Party may disclose any information or item designated 12 “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Outside Counsel of Record in this Action, 14 as well as employees of said Outside Counsel of Record to whom it is reasonably 15 necessary to disclose the information for this Action; (b) 16 the officers, directors, and employees (including House 17 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 18 Action; (c) 19 auditors, reinsurers, regulators, accountants or retrocessionaires 20 of any party who, in the normal course of business, would have access to or to 21 whom a party has a business obligation to provide such information in connection 22 with this Action; (d) 23 Experts (as defined in this Order) of the Receiving Party to 24 whom disclosure is reasonably necessary for this Action and who have signed the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (e) the court and its personnel; 27 (f) court reporters and their staff; 28 (g) professional jury or trial consultants, mock jurors, and BUCHALTER NEMER A PROFES SION AL CORPORAT ION SAN FR ANCISCO 84069820v1 8 STIPULATED PROTECTIVE ORDER - Case No. 2:16-cv-06175-DMG-SS 1 Professional Vendors to whom disclosure is reasonably necessary for this Action 2 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 3 A); (h) 4 5 the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (i) 6 during their depositions, witnesses, and attorneys for witnesses, 7 in the Action to whom disclosure is reasonably necessary provided: (1) the 8 deposing party requests that the witness sign the form attached as Exhibit 1 hereto; 9 and (2) they will not be permitted to keep any confidential information unless they 10 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 11 otherwise agreed by the Designating Party or ordered by the court. Pages of 12 transcribed deposition testimony or exhibits to depositions that reveal Protected 13 Material may be separately bound by the court reporter and may not be disclosed to 14 anyone except as permitted under this Stipulated Protective Order; (j) 15 any mediator or settlement officer, and their supporting 16 personnel, mutually agreed upon by any of the parties engaged in settlement 17 discussions; and 18 (k) any other persons the parties agree to in writing. 19 8. 20 IN OTHER LITIGATION 21 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED If a Party is served with a subpoena or a court order issued in other litigation 22 that compels disclosure of any information or items designated in this Action as 23 “CONFIDENTIAL,” that Party must: (a) 24 25 promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) 26 promptly notify in writing the party who caused the subpoena or 27 order to issue in the other litigation that some or all of the material covered by the 28 subpoena or order is subject to this Protective Order. Such notification shall include BUCHALTER NEMER A PROFES SION AL CORPORAT ION SAN FR ANCISCO 84069820v1 9 STIPULATED PROTECTIVE ORDER - Case No. 2:16-cv-06175-DMG-SS 1 a copy of this Stipulated Protective Order; and (c) 2 3 cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with 4 5 the subpoena or court order shall not produce any information designated in this 6 Action as “CONFIDENTIAL” before a determination by the court from which the 7 subpoena or order issued, unless the Party has obtained the Designating Party’s 8 permission. The Designating Party shall bear the burden and expense of seeking 9 protection in that court of its confidential material and nothing in these provisions 10 should be construed as authorizing or encouraging a Receiving Party in this Action 11 to disobey a lawful directive from another court. 12 9. 13 PRODUCED IN THIS LITIGATION A NON-PARTY’S (a) 14 PROTECTED MATERIAL SOUGHT TO BE The terms of this Order are applicable to information produced 15 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 16 information produced by Non-Parties in connection with this litigation is protected 17 by the remedies and relief provided by this Order. Nothing in these provisions 18 should be construed as prohibiting a Non-Party from seeking additional protections. (b) 19 In the event that a Party is required, by a valid discovery 20 request, to produce a Non-Party’s confidential information in its possession, and the 21 Party is subject to an agreement with the Non-Party not to produce the Non-Party’s 22 confidential information, then the Party shall: (1) 23 promptly notify in writing the Requesting Party and the 24 Non-Party that some or all of the information requested is subject to a 25 confidentiality agreement with a Non-Party; (2) 26 promptly provide the Non-Party with a copy of the 27 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 28 reasonably specific description of the information requested; and BUCHALTER NEMER A PROFES SION AL CORPORAT ION SAN FR ANCISCO 84069820v1 10 STIPULATED PROTECTIVE ORDER - Case No. 2:16-cv-06175-DMG-SS (3) 1 2 make the information requested available for inspection by the Non-Party, if requested. (c) 3 If the Non-Party fails to seek a protective order from this court 4 within 14 days of receiving the notice and accompanying information, the 5 Receiving Party may produce the Non-Party’s confidential information responsive 6 to the discovery request. If the Non-Party timely seeks a protective order, the 7 Receiving Party shall not produce any information in its possession or control that 8 is subject to the confidentiality agreement with the Non-Party before a 9 determination by the court. Absent a court order to the contrary, the Non-Party shall 10 bear the burden and expense of seeking protection in this court of its Protected 11 Material. 12 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 13 14 Protected Material to any person or in any circumstance not authorized under this 15 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 16 writing the Designating Party of the unauthorized disclosures, (b) use its best 17 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 18 person or persons to whom unauthorized disclosures were made of all the terms of 19 this Order, and (d) request such person or persons to execute the “Acknowledgment 20 and Agreement to Be Bound” that is attached hereto as Exhibit A. 21 11. 22 PROTECTED MATERIAL 23 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE When a Producing Party gives notice to Receiving Parties that certain 24 inadvertently produced material is subject to a claim of privilege or other 25 protection, the obligations of the Receiving Parties are those set forth in Federal 26 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 27 whatever procedure may be established in an e-discovery order that provides for 28 production without prior privilege review. Pursuant to Federal Rule of Evidence BUCHALTER NEMER A PROFES SION AL CORPORAT ION SAN FR ANCISCO 84069820v1 11 STIPULATED PROTECTIVE ORDER - Case No. 2:16-cv-06175-DMG-SS 1 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 2 of a communication or information covered by the attorney-client privilege or work 3 product protection, the parties may incorporate their agreement in the stipulated 4 protective order submitted to the court. 5 12. 6 7 8 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 9 Protective Order no Party waives any right it otherwise would have to object to 10 disclosing or producing any information or item on any ground not addressed in 11 this Stipulated Protective Order. Similarly, no Party waives any right to object on 12 any ground to use in evidence of any of the material covered by this Protective 13 Order. 14 12.3 Filing Protected Material. A Party that seeks to file under seal any 15 Protected Material must comply with Civil Local 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 12.4 Nothing in this Stipulated Protective Order shall preclude any party 21 from disclosing or using, in any manner or for any purpose, any information that is 22 (i) generally available to the public, other than as a result of disclosure by any Party 23 to this Action in violation of this Stipulated Protective Order; (ii) already lawfully 24 in the Party’s possession prior to its designation as “CONFIDENTIAL” in this 25 Action; (iii) lawfully obtained on a non-confidential basis from a non-party to this 26 Action who, insofar as is known after a reasonable inquiry, is not bound by any 27 obligation of confidentiality with respect to such information; or (iv) developed 28 independently, as evidenced by a written record. BUCHALTER NEMER A PROFES SION AL CORPORAT ION SAN FR ANCISCO 84069820v1 12 STIPULATED PROTECTIVE ORDER - Case No. 2:16-cv-06175-DMG-SS 1 13. FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 4, within 60 2 3 days of a written request by the Designating Party, each Receiving Party must 4 return all Protected Material to the Producing Party or destroy such material. As 5 used in this subdivision, “all Protected Material” includes all copies, abstracts, 6 compilations, summaries, and any other format reproducing or capturing any of the 7 Protected Material. Whether the Protected Material is returned or destroyed, the 8 Receiving Party must submit a written certification to the Producing Party (and, if 9 not the same person or entity, to the Designating Party) by the 60 day deadline that 10 (1) identifies (by category, where appropriate) all the Protected Material that was 11 returned or destroyed and (2) affirms that the Receiving Party has not retained any 12 copies, abstracts, compilations, summaries or any other format reproducing or 13 capturing any of the Protected Material. Notwithstanding this provision, Counsel 14 and each Party are entitled to retain an archival copy of all pleadings, motion 15 papers, trial, discovery, deposition, and hearing transcripts, legal memoranda, 16 correspondence, deposition and trial exhibits, expert reports, attorney work product, 17 and consultant and expert work product, even if such materials contain Protected 18 Material. Any such archival copies that contain or constitute Protected Material 19 remain subject to this Protective Order as set forth in Section 4 (DURATION). 20 14. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// BUCHALTER NEMER A PROFES SION AL CORPORAT ION SAN FR ANCISCO Any violation of this Order may be punished by any and all appropriate 84069820v1 13 STIPULATED PROTECTIVE ORDER - Case No. 2:16-cv-06175-DMG-SS 1 measures including, without limitation, contempt proceedings and/or monetary 2 sanctions. 3 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 DATED: December 15, 2016 7 BUCHALTER NEMER A Professional Corporation 8 By: 9 10 11 12 DATED: December 15, 2016 /s/ Glenn P. Zwang__________ GLENN P. ZWANG Attorneys for Plaintiff OCEAN TOWERS HOUSING CORPORATION SEDGWICK LLP 13 14 By: 15 16 /s/ Sean R. Simpson________ SEAN R. SIMPSON Attorneys for Defendant FEDERAL INSURANCE COMPANY 17 18 I hereby attest that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the filing. 19 20 DATED: December 15, 2016 BUCHALTER NEMER A Professional Corporation 21 22 By: 23 24 /s/ Glenn P. Zwang__________ GLENN P. ZWANG FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 25 26 DATED: 12/16/16 27 _________________/S/______________ Magistrate Judge Suzanne H. Segal 28 BUCHALTER NEMER A PROFES SION AL CORPORAT ION SAN FR ANCISCO 84069820v1 14 STIPULATED PROTECTIVE ORDER - Case No. 2:16-cv-06175-DMG-SS 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, ___________________________________ [print or type full name], of 5 ______________________________________________ [print or type full 6 address], declare under penalty of perjury that I have read in its entirety and 7 understand the Stipulated Protective Order that was issued by the United States 8 District Court for the Central District of California on ________ [date] in the case 9 of Ocean Towers Housing Corporation v. Federal Insurance Company, Case No. 10 2:16-cv-06175-DMG-SS. I agree to comply with and to be bound by all the terms 11 of this Stipulated Protective Order and I understand and acknowledge that failure to 12 so comply could expose me to sanctions and punishment in the nature of contempt. 13 I 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 Order. I further agree to submit to the 16 jurisdiction of the United States District Court for the Central District of California 17 for the purpose of enforcing the terms of this Stipulated Protective Order, even if 18 such enforcement proceedings occur after termination of this Action. I hereby 19 appoint __________________________ [print or type full name] of 20 _________________________ [print or type full address and telephone number] as 21 my California agent for service of process in connection with this Action or any 22 proceedings related to enforcement of this Stipulated Protective Order. 23 Date: 24 City and State where sworn and signed: 25 26 Printed name: 27 Signature: 28 BUCHALTER NEMER A PROFES SION AL CORPORAT ION SAN FR ANCISCO 84069820v1 15 STIPULATED PROTECTIVE ORDER - Case No. 2:16-cv-06175-DMG-SS

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