Preview
NOV 2 2019
<
Oo em YN DH F WY
BNR RR BBE SEC RUVUABDESOR ES
STEPHEN M. HAYES (SBN 83583)
TYLER R. AUSTIN (SBN 29397
HAYES SCOTT BONINO ELLINGSON an Francisco County Superior Court
GUSLANI SIMONSON & CLAUSE, LLP 2018
999 Skyway Road, Suite 310 NOV 2 2
San Carlos, California 94070 RT
Telephone: (650) 637-9100 CLERY OY THE COU
Facsimile: (650) 637-8071 oY: J >s vO
Attorneys for Defendants
Sentinel Insurance Company, Ltd., The Hartford Financial
Services Group, Inc., and Jeffrey Kaiser
SUPERIOR COURT OF THE STATE OF CALIFORNIA.
IN AND FOR THE COUNTY OF SAN FRANCISCO
1830 17" STREET, LLC, CASE NO.: CGC-19-575583
Plaintiff, STIPULATION AND ORDER
REGARDING NON-DISCLOSURE OF
v. CONFIDENTIAL MATERIAL
SENTINEL INSURANCE COMPANY, LTD.,
THE HARTFORD FINANCIAL SERVICES
GROUP, INC., THE HARTFORD, JEFFREY
KAISER, and DOES 1 through 100, Inclusive,
. Date Action Filed: April 29, 2019
Defendants. Trial Date: Not Yet Set
1067737
STIPULATION AND ORDER REGARDING NON-DISCLOSURE OF CONFIDENTIAL MATERIAL
CASENO.: CGC-19-575583co Om YN Dw BF Ww NH
NON Boe pe oe mo.
BNRRRBBERBEEEDRAEERES
Plaintiff 1830 17™ Street, LLC (‘Plaintiff” or “17th St.”) and Defendants, Sentinel Insurance
Company, Ltd. (“Sentinel,”) Hartford Financial Services Group, Inc. (“HFSG,”) and Jeffrey Kaiser
(“Kaiser”) (collectively “Defendants”) by and through their respective attorneys of record in this
litigation, who have authority to enter into this stipulation on behalf of their clients, also referred to as
“Parties,” agree to the following provisions regarding non-disclosure of documents produced by any
party to this litigation which concern confidential, proprietary and/or trade secret information, and
stipulate to entry of those provisions in the form of the following Stipulated Protective Order. If for
any reason the Court does not sign the Stipulated Protective Order, the provisions set forth below will
constitute a binding agreement between the Parties, and the agreement of any Qualified Person, to
adhere to the terms herein. :
STIPULATED PROTECTIVE ORDER
The Court finds as follows:
A. That the Parties possess certain documents that contain confidential, proprietary, or
trade secret information that may be subject to discovery in this action, but that should not be made
publicly available.
B. That a Stipulated Protective Order should be entered in this matter that will properly
balance the discovery rights of the Parties to this litigation with the Parties’ rights to protect their
confidential, proprietary, or trade secret information, and it is therefore:
ORDERED, ADJUDGED AND DECREED:
1. All production and disclosure of “Confidential Information and/or Trade Secret
Information,” as defined in Paragraph 2 below, during this litigation shall be governed by this Order.
All materials provided by the Parties pursuant to this Stipulated Protective Order that are designated _
Confidential Information and/or Trade Secret Information shall be used solely and exclusively for the
preparation for and conduct of this litigation, and shall not, unless directed by an appropriate Court, be
made available, disclosed, or disseminated in any manner for any business or other purpose
whatsoever. Individuals authorized to review Confidential Information and/or Trade Secret
Information pursuant to this Stipulated Protective Order shall hold Confidential Information and/or
1067737 1
STIPULATION AND ORDER REGARDING NON-DISCLOSURE OF CONFIDENTIAL MATERIAL
CASENO.: CGC-19-575583co Oe NDA WH BF YW NY
Boe ee ee ee
BRRRRBBEREBERVATDEBRELS
Trade Secret Information in confidence and shall not divulge the Confidential Information and/or
Trade Secret Information, either orally or in writing, to any person or entity not otherwise authorized
to receive the information under this Stipulated Protective Order unless authorized to do so by Court
order.
2. “Confidentia] Information and/or Trade Secret Information” means any information
that is designated as confidential and/or trade secret by the supplying party (the “Designating Party”),
including but not limited to printed documents, computer disks or other electronic media, information
contained in documents or electronic media, testimony and exhibits introduced in hearings or at trial,
information revealed during depositions, and information revealed in interrogatory answers.
3. All Confidential Information and/or Trade Secret Information shall be clearly and
prominently marked on every single-page document, on at least the initial page or cover of a multi-
page document (including deposition transcripts), and in a prominent location on the exterior of any
tangible object, by overlaying language substantially similar to “PRODUCED SUBJECT TO A
CONFIDENTIALITY AGREEMENT/PROTECTIVE ORDER IN 1830 17th St., LLC v. Sentinel
Ins. Co., Ltd., et al.” on the text of the Confidential Information and/or Trade Secret Information
and/or as a footer to the document.
4. Any party objecting to the designation of any information as Confidential Information
and/or Trade Secret Information following receipt of information so designated and produced after
this Stipulated Protective Order is signed and entered by the Court, shall clearly state the basis for the
objection in a letter to counsel for the Designating Party. Such letter must be received by counsel for
the Designating Party no later than ninety (90) days after the objecting party received the
Confidential Information and/or Trade Secret Information to which it objects. If the Parties are
unable to resolve the objection, any party may move the Court to do so. Until an objection to the
designation of information has been resolved by agreement of counsel or by order of the Court, the
information shall be assumed to be properly designated, and shall be subject to the terms of this
Stipulated Protective Order.
1067737 2
STIPULATION AND ORDER REGARDING NON-DISCLOS URE OF CONFIDENTIAL MATERIAL
CASENO.: CGC-19-5755835. The terms of this Stipulated Protective Order may be modified only by written
agreement of counsel for all Parties or by further order of the Court.
6. Subject to the provisions of Paragraphs 7, 8, 9 and 10 below, Confidential Information
and/or Trade Secret Information may be disclosed only for purposes of the 1830 17th St., LLC v.
Sentinel Ins. Co., Ltd., et al. litigation and only to the following persons:
a. Attorneys for parties in this litigation who have signed this Stipulated Protective Order or
are otherwise subject to this Stipulated Protective Order by virtue of having signed Exhibit
1 hereto, and co-counsel, law clerks, paralegals, office clerks, and secretaries working
under their supervision. “Attorneys,” for purposes of this subparagraph, shall mean
outside retained counsel and shall not include in-house counsel to the undersigned Parties
and the paralegal, clerical and secretarial staff employed by such in-house counsel;
b. Court personnel and/or court reporters who are actively engaged in connection with the
preparation for and trial of this litigation;
c. Expert witnesses retained by such Attorneys, as defined above, for consultation or for
testimony in this litigation; and
d. Any witness who has prior knowledge of the Confidential Information and/or Trade
Secret Information, which prior knowledge must include having previously seen the
document(s) containing the Confidential Information and/or Trade Secret Information, and
so designated, but only to the extent of that person’s prior knowledge of the Confidential
Information and/or Trade Secret Information.
7. If, after execution of this Stipulated Protective Order, any Confidential Information
and/or Trade Secret Information submitted by the Designating Party under the terms of this
Stipulated Protective Order is disclosed by a non-designating party to any person other than in the
manner authorized by this Stipulated Protective Order, the disclosing party shall immediately: (a)
notify in writing the Designating Party of the unauthorized disclosures; (b) use its best efforts to
retrieve all unauthorized copies of the Confidential Information and/or Trade Secret Information; (c)
inform the person or persons to whom unauthorized disclosures were made of all the terms of this
Stipulated Protective Order; and (d) request such person or persons to execute the “Nondisclosure
1067737 3
STIPULATION AND ORDER REGARDING NON-DISCLOS URE OF CONFIDENTIAL MATERIAL
CASENO.: CGC-19-575583Co ew YN DH FF WN
Boe ae a i
eo UDA AW BF WN SF SO
Agreement” that is attached hereto as Exhibit 1.
8. Prior to the disclosure of any Confidential Information and/or Trade Secret
Information to any person covered by Paragraph 6 c. and d. above, except in the setting of a
deposition, counsel for the party that has received such Confidential Information and/or Trade Secret
Information shall first provide such person with a copy of this Stipulated Protective Order, shall
explain its terms to such person, and shall require such person to execute the agreement attached as
Exhibit 1 to this Stipulated Protective Order. Counsel for the party that has made Confidential
Information and/or Trade Secret Information available to persons covered by Paragraph 6 c. and d.
above is required to send a copy of the executed Exhibit 1 to counsel for the Designating Party upon
request. It shall be the obligation of counsel, upon learning of any breach or threatened breach of this
Stipulated Protective Order by any such expert or expert consultant, to promptly notify counsel for
the Designating Party of such breach or threatened breach
9. The disclosure of any Confidential Information and/or Trade Secret Information in the
deposition of any witness may only be made in accordance with the following:
a. Prior to the use of any Confidential Information and/or Trade Secret Information in the
deposition of any witness, pursuant to Paragraph 6 d. above, counsel for the party that
has received such Confidential Information and/or Trade Secret Information shall first
establish a foundation for the witness’s prior knowledge of the Confidential Information
and/or Trade Secret Information, which must include having previously seen the
document(s) containing the Confidential Information and/or Trade Secret Information, and
so designated. If such a foundation cannot be established, then counsel may not show to
the witness the document(s) containing the Confidential Information and/or Trade Secret
Information, and so designated, and may not otherwise disclose the contents of such
document(s) to the witness.
b. Prior to the use of any Confidential Information and/or Trade Secret Information in the
deposition of any witness pursuant to Paragraphs 6 c. and d., subject to Paragraph 9 a,
counsel for the party that has received such Confidential Information and/or Trade Secret
Information shall first provide each person in attendance at the deposition, with the
1067737 4
STIPULATION AND ORDER REGARDING NON-DISCLOSURE OF CONFIDENTIAL MATERIAL
CASENO.: CGC-19-575583exception of court reporter(s), the Designating Party and its attorneys, with a copy of this
Stipulated Protective Order, and shall require such persons to execute the agreement
attached as Exhibit 1 to this Stipulated Protective Order.
10. If any document(s) designated as Confidential Information and/or Trade Secret
Information is marked as a deposition exhibit or if testimony concerning Confidential Information
and/or Trade Secret Information is elicited at a deposition, counsel for the Designating Party may
designate a portion of the transcript to be treated as Confidential Information and/or Trade Secret
Information. Such a request shall be made by counsel in a reasonable manner or by making a
suitable designation in the record at the deposition. If such a request is made, such portion of the
transcript, and any related deposition exhibits, shall be so treated and may only be filed under seal, if it
is filed in the record, in compliance with California Rules of Court, Rule 2.551, et seq.
11. If any document(s) designated as containing Confidential Information and/or Trade
Secret Information is marked as a deposition exhibit pursuant to Paragraphs 6 d. and 9 above, and/or
if any portion of the transcript is designated by counsel for the Designating Party to be treated as
Confidential Information and/or Trade Secret Information, copies of the confidential portions of the
deposition transcript may be disseminated to counsel for parties to this litigation only if said counsel
has been provided a copy of this Stipulated Protective Order and has executed the agreement
attached as Exhibit 1 to this Stipulated Protective Order. Counsel for parties may not disseminate to
their respective clients copies of any portions of deposition transcript(s), including exhibits, which
have been designated as Confidential Information and/or Trade Secret Information.
12. Any document(s) designated as Confidential Information and/or Trade Secret
Information may be filed in the Court’s record in connection with a motion, or otherwise, only under
seal. Documents designated as Confidential Information and/or Trade Secret Information shall be
filed under seal in the Court’s record only if an appropriate order is first entered in accordance with
California Rules of Court, Rules 2.550 and 2.551. If an appropriate order is entered by the Court, any
Confidential Information and/or Trade Secret Information included with any papers to be filed with
the Court shall be placed in an envelope labeled “Confidential - Subject to Court Order” and filed
under seal until further order of the Court.
1067737 5
STIPULATION AND ORDER REGARDING NON-DISCLOS URE OF CONFIDENTIAL MATERIAL
CASENO.: CGC-19-575583Co mo NADH BF WN
yy ee a
BNRRRBBREEB SESE ABDEBEK HS
13. If testimony concerning Confidential Information and/or Trade Secret Information is
elicited at a hearing or trial, counsel for the Designating Party may request that a designated portion
of the transcript be treated as Confidential Information and/or Trade Secret Information. Such a
request shall be made by counsel in a reasonable manner or by making a suitable designation in the
record at the hearing, or trial. If such a request is made, such portion of the transcript shall be so
treated and filed under seal, if it is filed in the record, in accordance with California Rules of Court,
Rule 2.551, et seq.
14. Allnotes, thoughts, impressions and conclusions arising from the viewing of the
documents designated as Confidential Information and/or Trade Secret Information, shall not be
disseminated or communicated in any manner to any person who is not subject to this Stipulated
Protective Order, even where that person’s attorney(s) may be subject to this Stipulated Protective
Order.
15. The provisions of this Stipulated Protective Order with respect to Confidential
Information and/or Trade Secret Information shall not apply to information which: (a) was, is, or
becomes public knowledge, through no violation of this Stipulated Protective Order; or (b) is acquired
in good faith from a third party not subject to this Stipulated Protective Order, such third party being
lawfully in possession of such information and able to release it; or (c) was possessed prior to receipt
of the material asserted to be confidential from a source able to provide it without a breach of
confidence; or (d) was or is discovered independently by the receiving party by means that do not
constitute a violation of this Stipulated Protective Order.
16. This Stipulated Protective Order shall bind all persons and parties to this litigation, who
are subject to this Stipulated Protective Order, until all documents, electronic media, or other tangible
materials containing Confidential Information and/or Trade Secret Information have been returned to
the Designating Party, or all persons who have received Confidential Information and/or Trade Secret
Information have certified the destruction of such information, as detailed herein. Within thirty (30)
days after the final termination of this litigation, be it by trial, settlement, entry of a final judgment
from which no further appeal bas been or can be taken, or otherwise, the Parties to this litigation,
their counsel, and all other persons who received the Designating Party’s Confidential Information
1067737 6
STIPULATION AND ORDER REGARDING NON-DISCLOSURE OF CONFIDENTIAL MATERIAL,
CASE NO.: CGC-19-575583Co Oo NW
and/or Trade Secret Information during the course of this litigation in accordance with this Stipulated
Protective Order, shall return to the Designating Party’s counsel all copies of such Confidential
Information and/or Trade Secret Information provided to them during the course of this litigation and
shall certify in writing that all such documents have been returned; or else shall certify in writing that
any documents or copies thereof not so returned have been destroyed. Upon the written request of
the Designating Party, the receiving party shall certify in writing that said material has been destroyed
within the thirty (30) day period. Nothing in this Protective Order shall prohibit, restrict, or require an
authorization for a party’s retention, use, or disclosure of Confidential Information and/or Trade
Secret Information as authorized or reasonably required by federal or state law or regulation, or court
order or rule, or to meet internal administrative or business requirements.
17. The Court shall retain jurisdiction after the final termination of this litigation, be it by
trial, settlement, entry of a final judgment from which no further appeal has been or can be taken, to
resolve any dispute concerning the use of information disclosed pursuant to this Stipulated Protective
Order and/or to enforce the provisions of Paragraph 17.
18. The inadvertent or unintentional disclosure of Confidential Information and/or Trade
Secret Information, regardless of whether the information was so designated at the time of disclosure,
shall not be deemed a waiver in whole or in part of the Designating Party’s claim of confidentiality
either as to the specific information disclosed therein or on the same or related subject matter,
provided that the Designating Party informs the opposing party of its claim within a reasonable time
after learning of the disclosure. The party that received the inadvertently produced Confidential
Information and/or Trade Secret Information shall promptly destroy the inadvertently produced
Confidential Information and/or Trade Secret Information and all copies thereof, or, at the expense of
the Designating Party, shall return such together with all copies of such Confidential Information
and/or Trade Secret Information to counsel for the Designating Party and shall retain only the
materials not designated Confidential Information and/or Trade Secret Information.
19. If any person subject to this Stipulated Protective Order who has custody of any
Confidential Information and/or Trade Secret Information receives a subpoena or other process
("Subpoena") from any government or other person or entity demanding production of Confidential
1067737 7
STIPULATION AND ORDER REGARDING NON-DISCLOS URE OF CONFIDENTIAL MATERIAL
CASENO.: CGC-19-575583io mK OH BW OY
Boe Be ee ee Se eS
ome NAA FPF BH KH TS
20
Information and/or Trade Secret Information, the recipient of the Subpoena shall promptly give notice
of the same by electronic mail transmission, followed by either express mail or overnight delivery to
counsel of record for the Designating Party, and shall furnish such counsel with a copy of the
Subpoena. Upon receipt of this notice, the Designating Party may, in its sole discretion and at its own
cost, move to quash or limit the Subpoena, otherwise oppose production of the Confidential
Information and/or Trade Secret Information, and/or seek to obtain confidential treatment of such
Confidential Information and/or Trade Secret Information from the subpoenaing person or entity to
the fullest extent available under law. The recipient of the Subpoena may not produce any
documents, testimony or information relating to the Confidential Information and/or Trade Secret
Information pursuant to the Subpoena prior to the date specified for production on the Subpoena.
20. Nothing contained in this Stipulated Protective Order, nor any action taken in
compliance with it, shall (a) operate as an admission by any party that any document or information is,
or is not, either confidential or admissible in evidence in this action, or (b) prejudice in any way the
right of any party to seek, by way of consent of all parties or by application to the Court, (i) to have
information not covered by this Stipulated Protective Order treated as Confidential Information and/or
Trade Secret Information within the meaning of this Stipulated Protective Order, (ii) additional
protection for specific documents or information; or (iii) relief from the provisions of this Stipulated
Protective Order with respect to specific items or categories of documents or information.
21. This Stipulated Protective Order shall be construed in accordance with and governed
by the laws of the State of California.
1067737 8
STIPULATION AND ORDER REGARDING NON-DISCLOSURE OF CONFIDENTIAL MATERIAL
CASENO.: CGC-19-575583SO STIPULATED.
APPROVED AS TO FORMAT AND CONTENT:
Dated: October 21, 2019 HAYES SCOTT BONINO ELLINGSON
GUSLANI SIMONSON & CLAUSE LLP
by Tal
HEN M./HAYES
8 PHEN P. ELLINGSON
TYLER R. AUSTIN
Attorneys for Defendant
SENTINEL INSURANCE COMPANY, LTD., THE
HARTFORD FINANCIAL SERVICES GROUP,
10 INC., AND JEFFREY KAISER
11
2
3
4
5
6
T
8
9
12 | Dated: October 242019 MANNION LOWE &OKSENENDLER
B A Professional Corporation
4 Co ~
is| By X
Kelly M. Mannion
16 Attorneys for Plaintif
“ 1830 17TH STREET, LLC
17
18
19
20}
21
2
PURSUANT TO STI ATION, IT IS SO ORDE)
23 7
24
25
2 SEE MovietcATION
27
Hon.
Judge of the Suferior Court
28
1067737 9
STIPULATION AND ORDER REGARDING NON-DISCLOSURE OF CONFIDENTIAL MATERIAL
CASENO.: CGC-19-575583Modification
Provided that nothing in this order determines that any document marked “confidential” qualifies
for sealing under CRC 2.550 or relieves any party from following the procedure in CRC 2.551.
ORDER
GOOD CAUSE APPEARING for this Protective Order, IT IS SO ORDERED.
DATED: Koy. U,Lol4 Etta Jy
IETHAN P. SCHULMAN
Judge of the Superior Court
STIPULATION AND PROTECTIVE ORDER-Exhibit 1
NONDISCLOSURE AGREEMENT
L (PRINT NAME), do solemnly swear that J am fully familiar
with the terms of the Stipulated Protective Order issued in 1830 17th St., LLC v. Sentinel Ins. Co.,
Lid., et al., Superior Court of California, San Francisco County, Case No. CGC-19-575583, and
agree to comply with and be bound by the terms and conditions of said Order unless and until
modified by further Order of this Court. In the event the Stipulated Protective Order is not entered, I
am familiar with the terms proposed by the Parties for that Stipulated Protective Order, and agree to
comply with and be bound by those terms.
J understand that Confidential Information and/or Trade Secret Information, as defined in the
Stipulated Protective Order, including any notes or other records that may be made regarding any
such materials, shall not be disclosed to anyone except as expressly permitted by this Stipulated
Protective Order. I will not copy or use, except solely for the purposes of this Proceeding, any
Confidential Information and/or Trade Secret Information obtained pursuant to this Stipulated
Protective Order, except as provided therein or otherwise ordered by the Court in the proceeding.
I further understand that I am to retain all copies of all Confidential Information and/or Trade
Secret Information provided to me in the proceeding in a secure manner, and that all copies of such
Confidential Information and/or Trade Secret Information are to remain in my personal custody until
termination of my participation in this proceeding, whereupon the copies of such Confidential
Information and/or Trade Secret Information will be returned to counsel who provided me with such
Confidential Information and/or Trade Secret Information.
I consent to the jurisdiction of this Court for purposes of enforcing this Order.
Dated: By:
Signature
Title:
Address:
1067737 10
STIPULATION AND ORDER REGARDING NON-DISCLOS URE OF CONFIDENTIAL MATERIAL
CASENO.: CGC-19-575583
Preview
NOV 2 2019 < Oo em YN DH F WY BNR RR BBE SEC RUVUABDESOR ES STEPHEN M. HAYES (SBN 83583) TYLER R. AUSTIN (SBN 29397 HAYES SCOTT BONINO ELLINGSON an Francisco County Superior Court GUSLANI SIMONSON & CLAUSE, LLP 2018 999 Skyway Road, Suite 310 NOV 2 2 San Carlos, California 94070 RT Telephone: (650) 637-9100 CLERY OY THE COU Facsimile: (650) 637-8071 oY: J >s vO Attorneys for Defendants Sentinel Insurance Company, Ltd., The Hartford Financial Services Group, Inc., and Jeffrey Kaiser SUPERIOR COURT OF THE STATE OF CALIFORNIA. IN AND FOR THE COUNTY OF SAN FRANCISCO 1830 17" STREET, LLC, CASE NO.: CGC-19-575583 Plaintiff, STIPULATION AND ORDER REGARDING NON-DISCLOSURE OF v. CONFIDENTIAL MATERIAL SENTINEL INSURANCE COMPANY, LTD., THE HARTFORD FINANCIAL SERVICES GROUP, INC., THE HARTFORD, JEFFREY KAISER, and DOES 1 through 100, Inclusive, . Date Action Filed: April 29, 2019 Defendants. Trial Date: Not Yet Set 1067737 STIPULATION AND ORDER REGARDING NON-DISCLOSURE OF CONFIDENTIAL MATERIAL CASENO.: CGC-19-575583co Om YN Dw BF Ww NH NON Boe pe oe mo. BNRRRBBERBEEEDRAEERES Plaintiff 1830 17™ Street, LLC (‘Plaintiff” or “17th St.”) and Defendants, Sentinel Insurance Company, Ltd. (“Sentinel,”) Hartford Financial Services Group, Inc. (“HFSG,”) and Jeffrey Kaiser (“Kaiser”) (collectively “Defendants”) by and through their respective attorneys of record in this litigation, who have authority to enter into this stipulation on behalf of their clients, also referred to as “Parties,” agree to the following provisions regarding non-disclosure of documents produced by any party to this litigation which concern confidential, proprietary and/or trade secret information, and stipulate to entry of those provisions in the form of the following Stipulated Protective Order. If for any reason the Court does not sign the Stipulated Protective Order, the provisions set forth below will constitute a binding agreement between the Parties, and the agreement of any Qualified Person, to adhere to the terms herein. : STIPULATED PROTECTIVE ORDER The Court finds as follows: A. That the Parties possess certain documents that contain confidential, proprietary, or trade secret information that may be subject to discovery in this action, but that should not be made publicly available. B. That a Stipulated Protective Order should be entered in this matter that will properly balance the discovery rights of the Parties to this litigation with the Parties’ rights to protect their confidential, proprietary, or trade secret information, and it is therefore: ORDERED, ADJUDGED AND DECREED: 1. All production and disclosure of “Confidential Information and/or Trade Secret Information,” as defined in Paragraph 2 below, during this litigation shall be governed by this Order. All materials provided by the Parties pursuant to this Stipulated Protective Order that are designated _ Confidential Information and/or Trade Secret Information shall be used solely and exclusively for the preparation for and conduct of this litigation, and shall not, unless directed by an appropriate Court, be made available, disclosed, or disseminated in any manner for any business or other purpose whatsoever. Individuals authorized to review Confidential Information and/or Trade Secret Information pursuant to this Stipulated Protective Order shall hold Confidential Information and/or 1067737 1 STIPULATION AND ORDER REGARDING NON-DISCLOSURE OF CONFIDENTIAL MATERIAL CASENO.: CGC-19-575583co Oe NDA WH BF YW NY Boe ee ee ee BRRRRBBEREBERVATDEBRELS Trade Secret Information in confidence and shall not divulge the Confidential Information and/or Trade Secret Information, either orally or in writing, to any person or entity not otherwise authorized to receive the information under this Stipulated Protective Order unless authorized to do so by Court order. 2. “Confidentia] Information and/or Trade Secret Information” means any information that is designated as confidential and/or trade secret by the supplying party (the “Designating Party”), including but not limited to printed documents, computer disks or other electronic media, information contained in documents or electronic media, testimony and exhibits introduced in hearings or at trial, information revealed during depositions, and information revealed in interrogatory answers. 3. All Confidential Information and/or Trade Secret Information shall be clearly and prominently marked on every single-page document, on at least the initial page or cover of a multi- page document (including deposition transcripts), and in a prominent location on the exterior of any tangible object, by overlaying language substantially similar to “PRODUCED SUBJECT TO A CONFIDENTIALITY AGREEMENT/PROTECTIVE ORDER IN 1830 17th St., LLC v. Sentinel Ins. Co., Ltd., et al.” on the text of the Confidential Information and/or Trade Secret Information and/or as a footer to the document. 4. Any party objecting to the designation of any information as Confidential Information and/or Trade Secret Information following receipt of information so designated and produced after this Stipulated Protective Order is signed and entered by the Court, shall clearly state the basis for the objection in a letter to counsel for the Designating Party. Such letter must be received by counsel for the Designating Party no later than ninety (90) days after the objecting party received the Confidential Information and/or Trade Secret Information to which it objects. If the Parties are unable to resolve the objection, any party may move the Court to do so. Until an objection to the designation of information has been resolved by agreement of counsel or by order of the Court, the information shall be assumed to be properly designated, and shall be subject to the terms of this Stipulated Protective Order. 1067737 2 STIPULATION AND ORDER REGARDING NON-DISCLOS URE OF CONFIDENTIAL MATERIAL CASENO.: CGC-19-5755835. The terms of this Stipulated Protective Order may be modified only by written agreement of counsel for all Parties or by further order of the Court. 6. Subject to the provisions of Paragraphs 7, 8, 9 and 10 below, Confidential Information and/or Trade Secret Information may be disclosed only for purposes of the 1830 17th St., LLC v. Sentinel Ins. Co., Ltd., et al. litigation and only to the following persons: a. Attorneys for parties in this litigation who have signed this Stipulated Protective Order or are otherwise subject to this Stipulated Protective Order by virtue of having signed Exhibit 1 hereto, and co-counsel, law clerks, paralegals, office clerks, and secretaries working under their supervision. “Attorneys,” for purposes of this subparagraph, shall mean outside retained counsel and shall not include in-house counsel to the undersigned Parties and the paralegal, clerical and secretarial staff employed by such in-house counsel; b. Court personnel and/or court reporters who are actively engaged in connection with the preparation for and trial of this litigation; c. Expert witnesses retained by such Attorneys, as defined above, for consultation or for testimony in this litigation; and d. Any witness who has prior knowledge of the Confidential Information and/or Trade Secret Information, which prior knowledge must include having previously seen the document(s) containing the Confidential Information and/or Trade Secret Information, and so designated, but only to the extent of that person’s prior knowledge of the Confidential Information and/or Trade Secret Information. 7. If, after execution of this Stipulated Protective Order, any Confidential Information and/or Trade Secret Information submitted by the Designating Party under the terms of this Stipulated Protective Order is disclosed by a non-designating party to any person other than in the manner authorized by this Stipulated Protective Order, the disclosing party shall immediately: (a) notify in writing the Designating Party of the unauthorized disclosures; (b) use its best efforts to retrieve all unauthorized copies of the Confidential Information and/or Trade Secret Information; (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Stipulated Protective Order; and (d) request such person or persons to execute the “Nondisclosure 1067737 3 STIPULATION AND ORDER REGARDING NON-DISCLOS URE OF CONFIDENTIAL MATERIAL CASENO.: CGC-19-575583Co ew YN DH FF WN Boe ae a i eo UDA AW BF WN SF SO Agreement” that is attached hereto as Exhibit 1. 8. Prior to the disclosure of any Confidential Information and/or Trade Secret Information to any person covered by Paragraph 6 c. and d. above, except in the setting of a deposition, counsel for the party that has received such Confidential Information and/or Trade Secret Information shall first provide such person with a copy of this Stipulated Protective Order, shall explain its terms to such person, and shall require such person to execute the agreement attached as Exhibit 1 to this Stipulated Protective Order. Counsel for the party that has made Confidential Information and/or Trade Secret Information available to persons covered by Paragraph 6 c. and d. above is required to send a copy of the executed Exhibit 1 to counsel for the Designating Party upon request. It shall be the obligation of counsel, upon learning of any breach or threatened breach of this Stipulated Protective Order by any such expert or expert consultant, to promptly notify counsel for the Designating Party of such breach or threatened breach 9. The disclosure of any Confidential Information and/or Trade Secret Information in the deposition of any witness may only be made in accordance with the following: a. Prior to the use of any Confidential Information and/or Trade Secret Information in the deposition of any witness, pursuant to Paragraph 6 d. above, counsel for the party that has received such Confidential Information and/or Trade Secret Information shall first establish a foundation for the witness’s prior knowledge of the Confidential Information and/or Trade Secret Information, which must include having previously seen the document(s) containing the Confidential Information and/or Trade Secret Information, and so designated. If such a foundation cannot be established, then counsel may not show to the witness the document(s) containing the Confidential Information and/or Trade Secret Information, and so designated, and may not otherwise disclose the contents of such document(s) to the witness. b. Prior to the use of any Confidential Information and/or Trade Secret Information in the deposition of any witness pursuant to Paragraphs 6 c. and d., subject to Paragraph 9 a, counsel for the party that has received such Confidential Information and/or Trade Secret Information shall first provide each person in attendance at the deposition, with the 1067737 4 STIPULATION AND ORDER REGARDING NON-DISCLOSURE OF CONFIDENTIAL MATERIAL CASENO.: CGC-19-575583exception of court reporter(s), the Designating Party and its attorneys, with a copy of this Stipulated Protective Order, and shall require such persons to execute the agreement attached as Exhibit 1 to this Stipulated Protective Order. 10. If any document(s) designated as Confidential Information and/or Trade Secret Information is marked as a deposition exhibit or if testimony concerning Confidential Information and/or Trade Secret Information is elicited at a deposition, counsel for the Designating Party may designate a portion of the transcript to be treated as Confidential Information and/or Trade Secret Information. Such a request shall be made by counsel in a reasonable manner or by making a suitable designation in the record at the deposition. If such a request is made, such portion of the transcript, and any related deposition exhibits, shall be so treated and may only be filed under seal, if it is filed in the record, in compliance with California Rules of Court, Rule 2.551, et seq. 11. If any document(s) designated as containing Confidential Information and/or Trade Secret Information is marked as a deposition exhibit pursuant to Paragraphs 6 d. and 9 above, and/or if any portion of the transcript is designated by counsel for the Designating Party to be treated as Confidential Information and/or Trade Secret Information, copies of the confidential portions of the deposition transcript may be disseminated to counsel for parties to this litigation only if said counsel has been provided a copy of this Stipulated Protective Order and has executed the agreement attached as Exhibit 1 to this Stipulated Protective Order. Counsel for parties may not disseminate to their respective clients copies of any portions of deposition transcript(s), including exhibits, which have been designated as Confidential Information and/or Trade Secret Information. 12. Any document(s) designated as Confidential Information and/or Trade Secret Information may be filed in the Court’s record in connection with a motion, or otherwise, only under seal. Documents designated as Confidential Information and/or Trade Secret Information shall be filed under seal in the Court’s record only if an appropriate order is first entered in accordance with California Rules of Court, Rules 2.550 and 2.551. If an appropriate order is entered by the Court, any Confidential Information and/or Trade Secret Information included with any papers to be filed with the Court shall be placed in an envelope labeled “Confidential - Subject to Court Order” and filed under seal until further order of the Court. 1067737 5 STIPULATION AND ORDER REGARDING NON-DISCLOS URE OF CONFIDENTIAL MATERIAL CASENO.: CGC-19-575583Co mo NADH BF WN yy ee a BNRRRBBREEB SESE ABDEBEK HS 13. If testimony concerning Confidential Information and/or Trade Secret Information is elicited at a hearing or trial, counsel for the Designating Party may request that a designated portion of the transcript be treated as Confidential Information and/or Trade Secret Information. Such a request shall be made by counsel in a reasonable manner or by making a suitable designation in the record at the hearing, or trial. If such a request is made, such portion of the transcript shall be so treated and filed under seal, if it is filed in the record, in accordance with California Rules of Court, Rule 2.551, et seq. 14. Allnotes, thoughts, impressions and conclusions arising from the viewing of the documents designated as Confidential Information and/or Trade Secret Information, shall not be disseminated or communicated in any manner to any person who is not subject to this Stipulated Protective Order, even where that person’s attorney(s) may be subject to this Stipulated Protective Order. 15. The provisions of this Stipulated Protective Order with respect to Confidential Information and/or Trade Secret Information shall not apply to information which: (a) was, is, or becomes public knowledge, through no violation of this Stipulated Protective Order; or (b) is acquired in good faith from a third party not subject to this Stipulated Protective Order, such third party being lawfully in possession of such information and able to release it; or (c) was possessed prior to receipt of the material asserted to be confidential from a source able to provide it without a breach of confidence; or (d) was or is discovered independently by the receiving party by means that do not constitute a violation of this Stipulated Protective Order. 16. This Stipulated Protective Order shall bind all persons and parties to this litigation, who are subject to this Stipulated Protective Order, until all documents, electronic media, or other tangible materials containing Confidential Information and/or Trade Secret Information have been returned to the Designating Party, or all persons who have received Confidential Information and/or Trade Secret Information have certified the destruction of such information, as detailed herein. Within thirty (30) days after the final termination of this litigation, be it by trial, settlement, entry of a final judgment from which no further appeal bas been or can be taken, or otherwise, the Parties to this litigation, their counsel, and all other persons who received the Designating Party’s Confidential Information 1067737 6 STIPULATION AND ORDER REGARDING NON-DISCLOSURE OF CONFIDENTIAL MATERIAL, CASE NO.: CGC-19-575583Co Oo NW and/or Trade Secret Information during the course of this litigation in accordance with this Stipulated Protective Order, shall return to the Designating Party’s counsel all copies of such Confidential Information and/or Trade Secret Information provided to them during the course of this litigation and shall certify in writing that all such documents have been returned; or else shall certify in writing that any documents or copies thereof not so returned have been destroyed. Upon the written request of the Designating Party, the receiving party shall certify in writing that said material has been destroyed within the thirty (30) day period. Nothing in this Protective Order shall prohibit, restrict, or require an authorization for a party’s retention, use, or disclosure of Confidential Information and/or Trade Secret Information as authorized or reasonably required by federal or state law or regulation, or court order or rule, or to meet internal administrative or business requirements. 17. The Court shall retain jurisdiction after the final termination of this litigation, be it by trial, settlement, entry of a final judgment from which no further appeal has been or can be taken, to resolve any dispute concerning the use of information disclosed pursuant to this Stipulated Protective Order and/or to enforce the provisions of Paragraph 17. 18. The inadvertent or unintentional disclosure of Confidential Information and/or Trade Secret Information, regardless of whether the information was so designated at the time of disclosure, shall not be deemed a waiver in whole or in part of the Designating Party’s claim of confidentiality either as to the specific information disclosed therein or on the same or related subject matter, provided that the Designating Party informs the opposing party of its claim within a reasonable time after learning of the disclosure. The party that received the inadvertently produced Confidential Information and/or Trade Secret Information shall promptly destroy the inadvertently produced Confidential Information and/or Trade Secret Information and all copies thereof, or, at the expense of the Designating Party, shall return such together with all copies of such Confidential Information and/or Trade Secret Information to counsel for the Designating Party and shall retain only the materials not designated Confidential Information and/or Trade Secret Information. 19. If any person subject to this Stipulated Protective Order who has custody of any Confidential Information and/or Trade Secret Information receives a subpoena or other process ("Subpoena") from any government or other person or entity demanding production of Confidential 1067737 7 STIPULATION AND ORDER REGARDING NON-DISCLOS URE OF CONFIDENTIAL MATERIAL CASENO.: CGC-19-575583io mK OH BW OY Boe Be ee ee Se eS ome NAA FPF BH KH TS 20 Information and/or Trade Secret Information, the recipient of the Subpoena shall promptly give notice of the same by electronic mail transmission, followed by either express mail or overnight delivery to counsel of record for the Designating Party, and shall furnish such counsel with a copy of the Subpoena. Upon receipt of this notice, the Designating Party may, in its sole discretion and at its own cost, move to quash or limit the Subpoena, otherwise oppose production of the Confidential Information and/or Trade Secret Information, and/or seek to obtain confidential treatment of such Confidential Information and/or Trade Secret Information from the subpoenaing person or entity to the fullest extent available under law. The recipient of the Subpoena may not produce any documents, testimony or information relating to the Confidential Information and/or Trade Secret Information pursuant to the Subpoena prior to the date specified for production on the Subpoena. 20. Nothing contained in this Stipulated Protective Order, nor any action taken in compliance with it, shall (a) operate as an admission by any party that any document or information is, or is not, either confidential or admissible in evidence in this action, or (b) prejudice in any way the right of any party to seek, by way of consent of all parties or by application to the Court, (i) to have information not covered by this Stipulated Protective Order treated as Confidential Information and/or Trade Secret Information within the meaning of this Stipulated Protective Order, (ii) additional protection for specific documents or information; or (iii) relief from the provisions of this Stipulated Protective Order with respect to specific items or categories of documents or information. 21. This Stipulated Protective Order shall be construed in accordance with and governed by the laws of the State of California. 1067737 8 STIPULATION AND ORDER REGARDING NON-DISCLOSURE OF CONFIDENTIAL MATERIAL CASENO.: CGC-19-575583SO STIPULATED. APPROVED AS TO FORMAT AND CONTENT: Dated: October 21, 2019 HAYES SCOTT BONINO ELLINGSON GUSLANI SIMONSON & CLAUSE LLP by Tal HEN M./HAYES 8 PHEN P. ELLINGSON TYLER R. AUSTIN Attorneys for Defendant SENTINEL INSURANCE COMPANY, LTD., THE HARTFORD FINANCIAL SERVICES GROUP, 10 INC., AND JEFFREY KAISER 11 2 3 4 5 6 T 8 9 12 | Dated: October 242019 MANNION LOWE &OKSENENDLER B A Professional Corporation 4 Co ~ is| By X Kelly M. Mannion 16 Attorneys for Plaintif “ 1830 17TH STREET, LLC 17 18 19 20} 21 2 PURSUANT TO STI ATION, IT IS SO ORDE) 23 7 24 25 2 SEE MovietcATION 27 Hon. Judge of the Suferior Court 28 1067737 9 STIPULATION AND ORDER REGARDING NON-DISCLOSURE OF CONFIDENTIAL MATERIAL CASENO.: CGC-19-575583Modification Provided that nothing in this order determines that any document marked “confidential” qualifies for sealing under CRC 2.550 or relieves any party from following the procedure in CRC 2.551. ORDER GOOD CAUSE APPEARING for this Protective Order, IT IS SO ORDERED. DATED: Koy. U,Lol4 Etta Jy IETHAN P. SCHULMAN Judge of the Superior Court STIPULATION AND PROTECTIVE ORDER-Exhibit 1 NONDISCLOSURE AGREEMENT L (PRINT NAME), do solemnly swear that J am fully familiar with the terms of the Stipulated Protective Order issued in 1830 17th St., LLC v. Sentinel Ins. Co., Lid., et al., Superior Court of California, San Francisco County, Case No. CGC-19-575583, and agree to comply with and be bound by the terms and conditions of said Order unless and until modified by further Order of this Court. In the event the Stipulated Protective Order is not entered, I am familiar with the terms proposed by the Parties for that Stipulated Protective Order, and agree to comply with and be bound by those terms. J understand that Confidential Information and/or Trade Secret Information, as defined in the Stipulated Protective Order, including any notes or other records that may be made regarding any such materials, shall not be disclosed to anyone except as expressly permitted by this Stipulated Protective Order. I will not copy or use, except solely for the purposes of this Proceeding, any Confidential Information and/or Trade Secret Information obtained pursuant to this Stipulated Protective Order, except as provided therein or otherwise ordered by the Court in the proceeding. I further understand that I am to retain all copies of all Confidential Information and/or Trade Secret Information provided to me in the proceeding in a secure manner, and that all copies of such Confidential Information and/or Trade Secret Information are to remain in my personal custody until termination of my participation in this proceeding, whereupon the copies of such Confidential Information and/or Trade Secret Information will be returned to counsel who provided me with such Confidential Information and/or Trade Secret Information. I consent to the jurisdiction of this Court for purposes of enforcing this Order. Dated: By: Signature Title: Address: 1067737 10 STIPULATION AND ORDER REGARDING NON-DISCLOS URE OF CONFIDENTIAL MATERIAL CASENO.: CGC-19-575583