Environmental Interiors Inc. v. Aragon Construction Inc.

Filing 57

STIPULATED PROTECTIVE ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca)

Eric A. O. Ruzicka (admitted Pro Hac Vice)
[e-mail]
2 DORSEY & WHITNEY LLP
50 South Sixth Street, Suite 1500
3 Minneapolis, MN 55402-1498
Telephone: [phone]
4 Facsimile: [phone]
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John S. Baker (SBN 144073)
[e-mail]
Bryan M. McGarry (SBN 258156)
[e-mail]
DORSEY & WHITNEY LLP
600 Anton Boulevard, Suite 2000
Costa Mesa, CA 92626-7655
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff and CounterDefendants Environmental Interiors, Inc.
11 and Walsh Austin Joint Venture
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Dale A. Ortmann (SBN 094226)
[e-mail]
Carlo Paciulli (SBN 213857)
Emily Zung Manninger (SBN 248344)
[e-mail]
HUNT ORTMANN PALFFY
NIEVES DARLING & MAH, INC.
301 North Lake Avenue, 7th Floor
Pasadena, CA 91101-1807
Tel: [phone]
Fax: [phone]

Attorneys for Defendant and
Counterclaimant ARAGON
19 CONSTRUCTION INC.
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Zach Bulthuis, SBN 223825
[e-mail]
21 HUNTINGTON LEGAL SOLUTIONS
17011 Beach Blvd., Suite 900
22 Huntington Beach, CA 92647
Tel: [phone]
23 Fax: [phone]
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Attorneys for Counter-Defendants
WESTERN SURETY COMPANY,
25 TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, FEDERAL
26 INSURANCE COMPANY, and LIBERTY
MUTUAL INSURANCE COMPANY
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STIPULATED PROTECTIVE ORDER

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION

ENVIRONMENTAL INTERIORS, INC.,
a New Hampshire Corporation,
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Plaintiff,
vs.
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ARAGON CONSTRUCTION, INC., a
California corporation,
Defendant.
ARAGON CONSTRUCTION, INC., a
California corporation,
Counterclaimant,
vs.

CASE NO: 5:14-cv-02522-JGB-SP
District Judge
Jesus G. Bernal
Ctrm 1

Magistrate Judge
Sheri Pym
3rd Floor

STIPULATED PROTECTIVE ORDER
Action Filed:
Counterclaim Filed:
Trial Date:

ENVIRONMENTAL INTERIORS, INC.,
a New Hampshire corporation; WALSH
AUSTIN JOINT VENTURE, a California
joint venture; WESTERN SURETY
COMPANY, a South Dakota corporation;
TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA, a
Connecticut corporation; FEDERAL
INSURANCE COMPANY, a New Jersey
Corporation; and LIBERTY MUTUAL
INSURANCE COMPANY, a
Massachusetts corporation,
Counter-Defendants.

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STIPULATED PROTECTIVE ORDER

December 8, 2014
December 30, 2014
June 14, 2016

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1. PURPOSES AND LIMITATIONS AND GOOD CAUSE STATEMENT
A. PURPOSES AND LIMITATIONS

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Disclosure and discovery activity in this action are likely to involve production of

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confidential, proprietary, or private information for which special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation may be

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warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the

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following Stipulated Protective Order. The parties acknowledge that this Order does not

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confer blanket protections on all disclosures or responses to discovery and that the

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protection it affords from public disclosure and use extends only to the limited

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information or items that are entitled to confidential treatment under the applicable legal

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principles. The parties further acknowledge, as set forth in Section 12.3, below, that this

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Stipulated Protective Order does not entitle them to file confidential information under

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seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the

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standards that will be applied when a party seeks permission from the court to file

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material under seal.

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B. GOOD CAUSE STATEMENT

This action is likely to involve trade secrets and other valuable research,

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development, commercial, financial, technical, and/or proprietary information for which

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special protection from public disclosure and from use for any purpose other than

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prosecution of this action is warranted. Such confidential and proprietary materials and

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information consist of, among other things, confidential business or financial

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information, information regarding confidential business practices, or other confidential

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research, development, or commercial information (including information implicating

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privacy rights of third parties), information otherwise generally unavailable to the public,

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or which may be privileged or otherwise protected from disclosure under state or federal

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statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow

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of information, to facilitate the prompt resolution of disputes over confidentiality of

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STIPULATED PROTECTIVE ORDER
CASE NO. 3:15-CV-01587-AJB-KSC

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discovery materials, to adequately protect information the parties are entitled to keep

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confidential, to ensure that the parties are permitted reasonable necessary uses of such

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material in preparation for and in the conduct of trial, to address their handling at the end

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of the litigation, and serve the ends of justice, a protective order for such information is

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justified in this matter. It is the intent of the parties that information will not be

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designated as confidential for tactical reasons and that nothing be so designated without a

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good faith belief that it has been maintained in a confidential, non-public manner, and

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there is good cause why it should not be part of the public record of this case.

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2. DEFINITIONS

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2.1

Action: the above-captioned federal civil action.

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2.2

Challenging Party: a Party or Non-Party that challenges the designation of

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information or items under this Order.
2.3

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“CONFIDENTIAL” Information or Items: information (regardless of how it

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is generated, stored or maintained) or tangible things that qualify for protection under

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Federal Rule of Civil Procedure 26(c), as specified above in the Good Cause Statement,

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and all other information that the party in good faith believes will, if disclosed, cause

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harm to the Producing Party’s competitive position.
2.4

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support staff).
2.5

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Counsel: Outside Counsel of Record and House Counsel (as well as their

Designating Party: a Party or Non-Party that designates information or items

that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.6

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Disclosure or Discovery Material: all items or information, regardless of the

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medium or manner in which it is generated, stored, or maintained (including, among

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other things, testimony, transcripts, and tangible things), that are provided, produced, or

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generated in relation to the claims and disputes in this matter or in disclosures or

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responses to discovery in this matter.

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STIPULATED PROTECTIVE ORDER
CASE NO. 3:15-CV-01587-AJB-KSC

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2.7

Expert: a person with specialized knowledge or experience in a matter

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pertinent to the litigation who has been retained by a Party or its counsel to serve as an

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expert witness or as a consultant in this Action.

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2.8

House Counsel: attorneys who are employees of a party to this Action.

House Counsel does not include Outside Counsel of Record or any other outside counsel.
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 party to
this Action but are retained to represent or advise a party to this Action and have

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appeared in this Action on behalf of that party or are affiliated with a law firm that has

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appeared on behalf of that party, and includes support staff.

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2.11 Party: any party to this Action, including all of its officers, directors,

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employees, consultants, retained experts, and Outside Counsel of Record (and their

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support staffs).

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2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
2.13 Professional Vendors: persons or entities that provide litigation support

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services (e.g., photocopying, videotaping, translating, preparing exhibits or

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demonstrations, and organizing, storing, or retrieving data in any form or medium) and

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their employees and subcontractors.

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2.14 Protected Material: any Disclosure or Discovery Material that is designated
as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

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from a Producing Party.

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3. SCOPE

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The protections conferred by this Stipulation and Order cover not only Protected
Material (as defined above), but also (1) any information copied or extracted from

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STIPULATED PROTECTIVE ORDER
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Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

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Material; and (3) any testimony, conversations, or presentations by Parties or their

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Counsel that might reveal Protected Material.

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However, the protections conferred by this Stipulation and Order do not cover the

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following information: (a) any information that is in the public domain at the time of

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disclosure to a Receiving Party or becomes part of the public domain after its disclosure

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to a Receiving Party as a result of publication not involving a violation of this Order,

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including becoming part of the public record through trial or otherwise; and (b) any

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information known to the Receiving Party prior to the disclosure or obtained by the

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Receiving Party after the disclosure from a source who obtained the information lawfully

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and under no obligation of confidentiality to the Designating Party.

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Any use of Protected Material at trial shall be governed by a separate agreement or

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order of the trial judge. This Order does not govern the use of Protected Material at trial.

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4. DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be deemed

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to be the later of (1) dismissal of all claims and defenses in this action, with or without

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prejudice; and (2) final judgment herein after the completion and exhaustion of all

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appeals, rehearings, remands, trials, or reviews of this Action, including the time limits

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for filing any motions or applications for extension of time pursuant to applicable law.

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5. DESIGNATING PROTECTED MATERIAL

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5.1

Exercise of Restraint and Care in Designating Material for Protection.

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Each Party or Non-Party that designates information or items for protection under

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this Order must take care to limit any such designation to specific material that qualifies

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under the appropriate standards, as such standards are defined in Section 2.3, above. The

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Designating Party must designate for protection only those parts of material, documents,

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STIPULATED PROTECTIVE ORDER
CASE NO. 3:15-CV-01587-AJB-KSC

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items, or oral or written communications that qualify so that other portions of the

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material, documents, items, or communications for which protection is not warranted are

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not swept unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations that

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are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,

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to unnecessarily encumber the case development process or to impose unnecessary

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expenses and burdens on other parties) may expose the Designating Party to sanctions.

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If it comes to a Designating Party’s attention that information or items that it

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designated for protection do not qualify for protection, that Designating Party must

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promptly notify all other Parties that it is withdrawing the inapplicable designation.

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5.2

Manner and Timing of Designations.

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Except as otherwise provided in this Order (see, e.g., second paragraph of section

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5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material

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that qualifies for protection under this Order must be clearly so designated before the

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material is disclosed or produced.

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Designation in conformity with this Order requires:
a)

for information in documentary form (e.g., paper or electronic

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documents, but excluding transcripts of depositions or other pretrial or trial proceedings),

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that the Producing Party affix the legend “CONFIDENTIAL” (hereinafter

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“CONFIDENTIAL legend”), to each page that contains protected material. If only a

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portion or portions of the material on a page qualifies for protection, the Producing Party

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also must clearly identify the protected portion(s) (e.g., by making appropriate markings

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in the margins).

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A Party or Non-Party that makes original documents available for

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inspection need not designate them for protection until after the inspecting Party has

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indicated which documents it would like copied and produced. During the inspection

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and before the designation, all of the material made available for inspection shall be

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STIPULATED PROTECTIVE ORDER
CASE NO. 3:15-CV-01587-AJB-KSC

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deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it

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wants copied and produced, the Producing Party must determine which documents, or

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portions thereof, qualify for protection under this Order. Then, before producing the

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specified documents, the Producing Party must affix the CONFIDENTIAL legend to

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each page that contains Protected Material. If only a portion or portions of the material

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on a page qualifies for protection, the Producing Party also must clearly identify the

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protected portion(s) (e.g., by making appropriate markings in the margins).
b)

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for testimony given in depositions that the Designating Party identify

the Disclosure or Discovery Material on the record, before the close of the deposition all
protected testimony.
c)

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for information produced in some form other than documentary and

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for any other tangible items, that the Producing Party affix in a prominent place on the

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exterior of the container or containers in which the information is stored the legend

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“CONFIDENTIAL.” If only a portion or portions of the information warrants

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protection, the Producing Party, to the extent practicable, shall identify the protected

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portion(s).

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5.3

Inadvertent Failures to Designate.

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If timely corrected, an inadvertent failure to designate qualified information or

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items does not, standing alone, waive the Designating Party’s right to secure protection

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under this Order for such material. Upon timely correction of a designation, the

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Receiving Party must make reasonable efforts to assure that the material is treated in

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accordance with the provisions of this Order.

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6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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6.1

Timing of Challenges. Any Party or Non-Party may challenge a designation

of confidentiality at any time that is consistent with the Court’s Scheduling Order.
6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution

process under Local Rule 37.1 et seq.

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STIPULATED PROTECTIVE ORDER
CASE NO. 3:15-CV-01587-AJB-KSC

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6.3

The burden of persuasion in any such challenge proceeding shall be on the

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Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,

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to harass or impose unnecessary expenses and burdens on other parties) may expose the

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Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn

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the confidentiality designation, all Parties shall continue to afford the material in

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question the level of protection to which it is entitled under the Producing Party’s

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designation until the Court rules on the challenge.

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7. ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1

Basic Principles.

A Receiving Party may use Protected Material that is disclosed or produced by

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another Party or by a Non-Party in connection with this Action only for prosecuting,

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defending, or attempting to settle this Action. Such Protected Material may be disclosed

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only to the categories of persons and under the conditions described in this Order. When

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the Action has been terminated, a Receiving Party must comply with the provisions of

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Section 13 below (FINAL DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at a

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location and in a secure manner that ensures that access is limited to the persons

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authorized under this Order.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items.

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Unless otherwise ordered by the court or permitted in writing by the Designating

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Party, a Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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(a) the Receiving Party’s Outside Counsel of Record in this action, as well as

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employees of said Outside Counsel of Record to whom it is reasonably necessary to

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disclose the information for this Action;

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(b) the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;

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STIPULATED PROTECTIVE ORDER
CASE NO. 3:15-CV-01587-AJB-KSC

(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is

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reasonably necessary for this Action and who have signed the “Acknowledgment and

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Agreement to Be Bound” (attached hereto as Exhibit A);

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(d) the court and its personnel;

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(e) court reporters and their staff,

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(f) professional jury or trial consultants, mock jurors, licensed private investigators

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retained by Counsel, and Professional Vendors to whom disclosure is reasonably

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necessary for this Action and who have signed the “Acknowledgment and Agreement to

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Be Bound” (Exhibit A);
(g) the author or recipient of a document containing the information or a custodian

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or other person who otherwise possessed or knew the information;
(h) during their depositions, witnesses, and attorneys for witnesses, in the Action

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to whom disclosure is reasonably necessary, provided that: (1) the deposing party

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requests that the witness sign the “Acknowledgment and Agreement to Be Bound”

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(Exhibit A); and (2) they will not be permitted to keep any confidential information

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unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless

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otherwise agreed by the Designating Party or ordered by the court; and
(i) any mediator or settlement officer, and their supporting personnel, mutually

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agreed upon by any of the Parties engaged in settlement discussions.

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7.3

Disclosure to Government Authorities.

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Nothing herein shall preclude disclosure of any Protected Information, as required

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by law, to agencies or departments of the state, county, city, or federal government,

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including law enforcement personnel, or require notice of the same to the Producing

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Party.

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STIPULATED PROTECTIVE ORDER
CASE NO. 3:15-CV-01587-AJB-KSC

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8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION
If a Party is served with a subpoena or court order issued in other litigation that

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compels disclosure of any information or items designated in this Action as

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“CONFIDENTIAL,” that Party must:

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(a)

promptly notify in writing the Designating Party. Such notification shall

include a copy of the subpoena or court order;
(b)

promptly notify in writing the party who caused the subpoena or order to

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issue in the other litigation that some or all of the material covered by the subpoena or

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order is subject to this Protective Order. Such notification shall include a copy of this

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Stipulated Protective Order; and

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(c)

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 the

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subpoena or court order shall not produce any information designated in this Action as

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“CONFIDENTIAL” before a determination by the court from which the subpoena or

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order issued, unless the Party has obtained the Designating Party’s permission. The

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Designating Party shall bear the burden and expense of seeking protection in that court of

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its confidential material and nothing in these provisions should be construed as

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authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive

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from another court.

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9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED

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IN THIS LITIGATION
(a)

The terms of this Order are applicable to information and/or tangible things

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produced by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such

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information produced by Non-Parties in connection with this litigation is protected by the

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STIPULATED PROTECTIVE ORDER
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remedies and relief provided by this Order. Nothing in these provisions should be

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construed as prohibiting a Non-Party from seeking additional protections.
(b)

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In the event that a Party is required, by a valid discovery request, to

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produce a Non-Party’s confidential information in its possession, and the Party is subject

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to an agreement with the Non-Party not to produce the Non-Party’s confidential

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information, then the Party shall:

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(1) promptly notify in writing the Requesting Party and the Non-Party that

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some or all of the information requested is subject to a confidentiality agreement with a

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Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated Protective

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Order in this Action, the relevant discovery request(s), and a reasonably specific

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description of the information requested; and
(3) make the information requested available for inspection by the Non-

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Party, if requested.
(c)

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If the Non-Party fails to object or seek a protective order from this court

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within 14 days of receiving the notice and accompanying information, the Receiving

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Party may produce the Non-Party’s confidential information responsive to the discovery

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request. If the Non-Party timely seeks a protective order, the Receiving Party shall not

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produce any information in its possession or control that is subject to the confidentiality

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agreement with the Non-Party before a determination by the court. Absent a court order

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to the contrary, the Non-Party shall bear the burden and expense of seeking protection in

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this court of its Protected Material.

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10.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

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Protected Material to any person or in any circumstance not authorized under this

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Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing

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the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

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STIPULATED PROTECTIVE ORDER
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all unauthorized copies of the Protected Material, (c) inform the person or persons to

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whom unauthorized disclosures were made of all the terms of this Order, and (d) request

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such person or persons to execute the “Acknowledgment and Agreement to Be Bound”

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that is attached hereto as Exhibit A.

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11.

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL
Pursuant to Rule 502 of the Federal Rules of Evidence, the production of

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documents, electronically stored information (“ESI”), or other information subject to the

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attorney-client privilege or the work-product doctrine, whether inadvertent or otherwise,

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will not waive the attorney-client privilege or the work-product doctrine. In addition, the

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Parties agree that if a document, ESI or other information subject to the attorney-client

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privilege or the work product doctrine is included in documents, ESI or other information

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made available for inspection, such disclosure shall be considered not a waiver of the

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attorney-client privilege or the work-product doctrine. Upon entry by this court of the

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present Protective Order, the privilege or protection is deemed not waived by disclosure

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in connection with this Action, as well as any other Federal or State proceeding. This

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Protective Order shall be interpreted to provide the maximum protection allowed by

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Federal Rule of Evidence 502(d).

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If a Party believes that it has inadvertently produced any document, ESI or other

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information that it believes may be subject to the attorney-client privilege or work-

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product doctrine (“Protected Document”), the Party may claw back the Protected

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Document by making a written request to the Receiving Party specifically identifying the

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Protected Document, including the date, author, addressees, and topic of the document as

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well as a brief explanation of the reason for the claim of privilege. Upon receipt of this

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written request, each Party receiving said document, ESI or other information shall

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immediately cease use of this document, ESI or other information and information

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contained therein and shall return it and all physical copies and delete all electronic

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STIPULATED PROTECTIVE ORDER
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copies within three (3) business days to the Producing Party. The record of the identity

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and nature of an inadvertently produced document, ESI or other information may not be

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used for any purpose other than in preparation of a motion to compel the production of

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the same document in this Action. No information in an inadvertently produced

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document, ESI or other information may be used or relied upon for any other purpose in

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this Action until the court so orders. After the return of the document(s), ESI or other

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information, the Receiving Party may challenge the Producing Party’s claim(s) of

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privilege or work-product by making a motion to the court.
Nothing contained herein is intended to or shall serve to limit a Party’s right to

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conduct a review of documents, ESI, or other information (including metadata) for

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relevance, responsiveness, and/or segregation of privileged and/or protected information

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prior to production.

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12.

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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

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Protective Order, no Party waives any right it otherwise would have to object to

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disclosing or producing any information or item on any ground not addressed in this

19

Stipulated Protective Order. Similarly, no Party waives any right to object on any

20

ground to use in evidence of any of the material covered by this Protective Order.

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12.3 Filing Protected Material. Without written permission from the Designating

22

Party or a court order secured after appropriate notice to all interested persons, a Party

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may not file in the public record in this action any Protected Material. A Party that seeks

24

to file under seal any Protected Material must comply with Local Civil Rule 79-5.

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Protected Material may only be filed under seal pursuant to a court order authorizing the

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sealing of the specific Protected Material at issue. If a Party's request to file Protected

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STIPULATED PROTECTIVE ORDER
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Material under seal is denied by the court, then the Receiving Party may file the

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information in the public record unless otherwise instructed by the court.

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13.

FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 4, within 60 days

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5

of a written request by the Designating Party, each Receiving Party must return all

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Protected Material to the Producing Party or destroy such material. As used in this

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subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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summaries, and any other format reproducing or capturing any of the Protected Material.

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Whether the Protected Material is returned or destroyed, the Receiving Party must

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submit a written certification to the Producing Party (and, if not the same person or

11

entity, to the Designating Party) by the 60-day deadline that (1) identifies (by category,

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where appropriate) all the Protected Material that was returned or destroyed and (2)

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affirms that the Receiving Party has not retained any copies, abstracts, compilations,

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summaries, or any other format reproducing or capturing any of the Protected Material.

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Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

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pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

17

correspondence, deposition and trial exhibits, expert reports, attorney work product, and

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consultant and expert work product, even if such materials contain Protected Material.

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Any such archival copies that contain or constitute Protected Material remain subject to

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this Protective Order as set forth in Section 4 (DURATION).

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14.

VIOLATION OF THIS PROTECTIVE ORDER
Any violation of this Protective Order may be punished by any and all appropriate

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measures, including, without limitation, contempt proceedings and/or monetary

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sanctions.

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///

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STIPULATED PROTECTIVE ORDER
CASE NO. 3:15-CV-01587-AJB-KSC

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _____________________________ [print or type full name], of

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____________________________________ [print or type full address], declare under

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penalty of perjury that I have read in its entirety and understand the Stipulated Protective

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Order that was issued by the United States District Court for the Central District of

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California on [date] in the case of Environmental Interiors, Inc. v. Aragon Construction

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Inc., Case No. 5:14–cv–02522–JGB–SP. I agree to comply with and to be

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bound by all the terms of this Stipulated Protective Order and I understand and

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acknowledge that failure to so comply could expose me to sanctions and punishment

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in the nature of contempt. I solemnly promise that I will not disclose in any manner

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any information or item that is subject to this Stipulated Protective Order to any

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person or entity except in strict compliance with the provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District Court for the

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Central District of California for the purpose of enforcing the terms of this

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action. I hereby appoint _______________________________ [print

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or type full name] of ________________________________________ [print or type

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full address and telephone number] as my California agent for service of process in

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connection with this action or any proceedings related to enforcement of this

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Stipulated Protective Order.

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Date: ______________________________________

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City and State where sworn and signed: _________________________________

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Printed name: _______________________________

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Signature: __________________________________

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STIPULATED PROTECTIVE ORDER
CASE NO. 3:15-CV-01587-AJB-KSC

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:
Dated: October 16, 2015

Respectfully submitted,

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By: /s/ Bryan M. McGarry
Eric A. O. Ruzicka
John S. Baker
Bryan M. McGarry
DORSEY & WHITNEY LLP

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Attorneys for Plaintiff and CounterDefendants Environmental Interiors, Inc.
and Walsh Austin Joint Venture

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Dated: October 15, 2015

Respectfully submitted,

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By: /s/ Emily Zung Manninger
Dale A. Ortmann
Carlo Paciulli
Emily Zung Manninger
HUNT ORTMANN PALFFY NIEVES
DARLING & MAH, INC.

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Attorneys for Defendant and
Counterclaimant ARAGON
CONSTRUCTION INC.

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Dated: October 15, 2015

Respectfully submitted,

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By: /s/ Zachary Bultuis
Zachary Bultuis
HUNTINGTON LEGAL SOLUTIONS
Attorneys for Counter-Defendants
WESTERN SURETY COMPANY,
TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA,
FEDERAL INSURANCE COMPANY, and
LIBERTY MUTUAL INSURANCE
COMPANY

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STIPULATED PROTECTIVE ORDER
CASE NO. 3:15-CV-01587-AJB-KSC

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED:

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DATED: October 22, 2015

By: __________________________________________
Honorable Sheri Pym
United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER
CASE NO. 3:15-CV-01587-AJB-KSC