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DANIEL V. KOHLS (State Bar No. 167987)
LEIGHTON B. KOBERLEIN (State Bar No. 252891)
HANSEN, KOHLS, SOMMER & JACOB, LLP
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lkoberlein@hans._enkohls.com
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Attorneys for Defendant FIRE INSURANCE EXCHANGE RECEIVED V/A EF/LE
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11/13/2019 8:41 AM
FRESNO EOWEY S PE OR COURT
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SUPERIOR COURT 0F CALIFORNIA
COUNTY 0F FRESNO v
EDWARD FUNEZ, an individual, . case No. 19CEceoz755
WNHO
STIBULATED CONFIDEN'HALITY
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Plaintifl,
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AGREEMENT AND
PROTECTIVE ORDER
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14 FIRE INSURANCE EXCHANGE,
BENEVENTO’S CLEANING &
15 RESTORATION SERVICE INC. dba
SERVICE MASTER BY BENEVENTO;
l6 AMERICAN CONTRACTORS Complaint Filed: July 30, 2019
INDEMNITY COMPANY; and Does l Trial Date: Not Set
l7 through 20, '
18 Defendants.
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20 By and through their respective attorneys of record, plaintiff EDWARD FUNEZ and
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21 defendants FIRE INSURANCE EXCHANGE, BENEVENTO’S CLEANING &
22 RESTORATION SERVICEINC. dba SERVICE MASTER BY BENEVENTO, and
.23 AMERICAN CONTRACTORS INDEMNITY COMPANY collectively referred to as the
24 “Parties,” and individually as a “Party,” stipulateand agree to thc entry of the following
25 Protective Order.
26 The Panies agree that during the course of discovery in this action, itmay be necessary to
27 disclose certain confidential and private information relating to the subject matter of this action.
28 Therefore, on the stipulation of the Parties, and on a showing that an Order isneeded to
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200203 Agreement and Protective Order
Stipulated Confidentiality
prevent unwarranted disclosure of confidential or proprietary infdnnation,
THE COURT HEREBY ORDERS THAT:
l. The production ofpn'vate, confidential and propn'ctary information, documents, or
tangible things, response to a discovery request, deposition testimony or transcript, or other
information or maferial, including the contents, copies, excerpts, and summaries thereof,
filmished, proVided, produced? filed, or-sprved by any Producing Party in response to any Party's
KOMNQUI-b
discovery requests in this action (collectively referred to as “Discovery Material”) will take place
pursuant to this stipulated Confidentiality Agreement and ?rotectjve Order (“Protective Order”),
which shall apply t0 all such Discovery Material regardless of how a Party came 0r comes into
10 their possession, For the purpose of this Protective Order, “Producing Party" shall mean the
11 person or entity that produces any information that issubject to the terms of this Protective Order
12 including persons who are not parties to this action but who agree in Wn'ting to produce
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13 Confidential Information subject to the ternas of this Protecfive Order. Non-parties may do so by
14 executing an ageement substantially in,the form set foith in Exhibit “A” attached hereto.
15 2. Any Producing Party may designate Discovery Material it produces as
16 Confidential Information, provided the Producing Party has a good faith belief, formed aficr an
17 inquiry reasonable under the circumstances, that it isnecessary in the interests ofjustice to keep
18 the Discovery Material being designated out ofthe public record and that such designation
19 complies with any orders this Court has issged concerning! this Prot'ective Order. Any such
20 designation shall be made with a good faith belief-that such Discovery Material constitutes
21 proprietary information, trade secrets, and/or private operational, financial, or personal
22 information, disclosures of which could result in harm to the Producing Party or others.
23 3. Confidential Infomation may only be disclosed and/or made availablé to
24 the following:
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25 (a) ‘The Parties 0r empl’Oyees of a Party who are assisting
26 counsel in this litigation;
27 (b) Witnesses, other than the Parties, who provide or may
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28 pro'videdeposition or trialtestimony in the instant action;
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200203 Stipulated Confidentiality Agreement'and Protective
Order
>(c) The attorneys of record for a Party and the current
employees of those attorneys or their firms;
(d) Any experts or consultants retained by a Party or its counsel
of record in good faith in connection with this lawsuit, as
well as any experts designated
\DOONO‘UIhU’Nh—n
by order of'this Court;
(e) Outside copy services, interpreters, translators, court
yeponcrs/stenographers (other than those employed by‘the
Court), .and similar vendors retained by the Parties whose
normal job functions require them to have access to the
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documents; and
(f)
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Court personnel, provided that the requirements of
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Paragraph 8 below aré satisfied.
4. No Confidential Information may be disclosed or made available to any of the
persons designated in Paragraphs 2(b) and 2(d) above unless those persons agree, in advance, to
be bound by this Protective-Ordcr, to use such documents solely for pufposcs of this action, and
not to disclose any such documents to any other person, firm, or concern. Such persons shall
execute an afiidavit, in the form attached as Exhibit “A,” which is tobe kept by counsel and shall
be subject to inspection by opposing counsel upon reasonable notice; provided, however, that
mqaman—oBESSGEGEEE
opposing counsel shall not be eniitled to review the afidavits of any persons described in
Paragraph 2(d) until after the designation of experts occurs.
5. Each Party or its counsel shall maintain a listof namés ofall persons to Wham
Confidential Information, any-copics or reproductions thereof, or any Confidential Information
contained therein has been disclosed, disseminated, or communicated ‘and a description of the
Confidential Information so disclosed.
NNNNNNNNN
Upon termination of this action (whetllér by judgment,
verdict, settlement or otherwise), such listshallbe made available upon request to the Producing
Party who designated the Discovery Maten'al as Confidential Information.
6.
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Each page of the Confidential Information produced by a Party in discovery in this
action shall be marked, “CONFIDENTIAL,” which marking shall designate such documents as
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200203 ‘
Ageementand
Stipulated Confidentiality ProtectiveOrder
Confidential Information covered by this Protective Order. Ifa Party disputes the propriety of
such a designation, the Producifig Party shall, aftermeeting and conferring with opposing
counsel, bring the matter to theattention of the Court within the later of 120 days before the trial
in this action or 45 days fiom their receipt of the Confidential Information at issue.
\OWQGUI#UJNI—
7. A Party may designate as a Confidential Information (under the terms of the
Protective Order) the record of any hearing, deposition, trial,or other proceeding, including any
testimony or statements made at the deposition or proceeding and any exhibits or attachments, by
either: (1) giving oral notice during the taking of the deposition or the proceeding, or (2) written
notice to allcounsel of recOrd within forty-five (45) days before the tn'al in this action,unless the
hearing, deposition, trial,or other-proceeding at issue iswithin forty-five (45) days of the trialin
this action, in which case the Party may give such notice attri'al. All portions of any such
transcripts, exhibits, or aftachments shall be marked “CONFIDENTIAL” before being provided
to thc Comt or other persons or entities.
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8. Before filing or submitting any Confidential Information to the Court, Parties
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must comply with the procedures for sealing documents under CRC 2.551.
9. Anything containing Confidential Information which has been Idesignated by a
non-producing party as a proposed trial exhibit, pursuant to applicable pretrial pfocedures, may
be offered into evidence in open court unless the Producing Party that designated the infbrmation
as confidential obtains an appropriate protective order
mqo‘MAwN—OEESEGKGSZS
from the Court. Iffio such order is
obtained and anything contiining Confidential Informfiion isofl'ered into evidence, such
Confidential Information shall cease to be protected by this Protective Order.
10. Any person or entity who receives any Confidential Information (or any copies
thereof) in connection with this actiOn (a) may not use those Confidential Documents in]any
other case, matter, or proceeding; and (b) must retum the Confidential Informafion (and any and
MNNNNNNNN
allcopies) to counsel for the Producing Party, or destroy thevConfidential Information (and any
and allvcopies), within sixty (60) days of the conclusion of this action and allappeals, unless the
Party is dismissed in which case Section 11 applies. In‘the event the person or entity in receipt of
Confidential Information elects to destroy them, instead of returning them, that person or entity
4— _
200203 Agreement and Protective Order
Stipulated Confidentiality
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must provide counsel for the Producing Party with an affidavit or declaration, under penalty
peljury, stating'that the Confidential Information (and any and all copies) have been destroyed.
ll. In the event that any Party is'dismissed as a party to this action, itshall continue to
be bound by and have'rights under this Protective Order. Any suCh party must return thc
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\OOOQQUI-kLflNb-d
Confidential Information (and any and allcopies) to counsel for the Prqducing Party, or destrby
the Confidential mformation (and any and' all copies), within sixty (60) days of the dismissfil.
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12. A11 copies of the Confidential Information shall be kept and stored in a manner
reasonably calculated toipresén're their confidentiality.
13., If a person. or party in receipt of a Confidential Information believes that said
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document is required by law to be disclosed ina manner inconsisteht with this Protective Order,
then that person of patty shall (a) immediately notify céunsel for the Producing Pafiy, and in no
~— event later than two (2) business days aficr receiving thg rcqucst at issue, including by providing
senvrle
counsel for the Prodpcing Party with a copy of the request; (b) timely written objections to
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the request that expressly reference this Protective Orde}; and (c) cooperate with any efl‘ons by
the Producing Party to limit, condition, or prevent the disclosufe of the Confidcnfial Information.
14. Producing orrégeiving Confidential mfonhatigh, or otherwise complying with the
terms ofthis Protective Order, shall not prejudice the rights ofthe Mucing Party to object t0
the production, use, or introduction into evidence‘of any Confidential Information (or-any
mqmm¢w-oom3353$w>§g
pmtions) on the grounds of relevance, privilege, the work product doctrine, or any other grounds
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other than ‘confidentiality/privacy.
15. If Confidential Information subject to a claim of attorney-cljent privilege, the
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work product doctrine, privacy rights of third parties, or any other applicable privilege or
protection are inadvertentlyor mistakenly produced, such production shall
'NNNNNNNNN-uH
'inno way prejudice or
otherwise constitute a waiver of,or estoppel as to, any claim ofprivilége or protection for such
Confidential Information, and the Producing Party may, within twenty-one (21) days of discovery
of such inadvertent or mistaken production, make .a wn'tten request for-the retum of those
documents. Within seven (7) business days of receipt of such a request, the inadvertently or
mistakenly produced Confidential Information, as well as allcopies andall documents, materials,
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200203 Agreement and Protective Order
Stipulated Confidentiality
H or information reflecting the contents of such Confidential Information, shall be returned to the
Producing Party, andno Party shall make any use of those documénts; If a receiving party objects
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to the return of the documents within the seven (7) business day period described above, the
fcceiving party may, within forty-fivc (45) days after the service of said objection, file a‘motion
with the Court for an order compelling their productilon.
\oooxla'uaww
l6. Notwithstanding the foregoing, this Protective Order does not restrict the right of
the Producing Party to make such use 6r disclosure of those documents as itotherwise is entitled
to make- In addition, the Producing Party does not waive the classification of its own
material/infonnation as confidential if such Party discloses such information to non-parties for
any reason.
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17. Nothing in this Protective Order is intended to restrictor limit the aixthon'ty of the
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'Court to direct the disclosure of any infOrmation designated as “Confidential Information” by any
Party to this action.
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l8. In no event shall any of the findings, conclusions, determinations, or results of the
Court herein be considered or deemed confidential.
l9. .
'Forgood cause shown, a Party to this Protective Order maybe released fiom its
ri—ceooqamEGEES
terms by order of the Court aficr notice and hearing.
20. This Protective Order shall be governed by the laws of the State of California.
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21 . Violations of thisProtective Order shall be punishable to the extent and in the
manners permitted by applicable law. Further, the Parties Acknowledge andunderstand that the
pmvisions set forth in this Protective Order are of a speciai nature and that any actual or
threatened breach, violation, or evasion of them may result in damages to the Producing Party in
amounts difficult to ascertain. In the event of any actual or threatened breach, violation, or
Nfi evasion of the covenants ‘a’nd agreements set forth in this Protective Order by the Pam'es, the
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Produéing Party shall also be entitled to recover attorneys‘ fees, costs, and expenses associated
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with the enforcement of any provision hereof.
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22.‘ It isagreed that this Protective Order contains the entire agreement and
understanding between and among the Parties hereto and supersedes any prior agecments and
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200203 Stipulatcd ConfidentialityAgreement and Protective Order
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understandings among them respecting the subject matter hereof. There are no agreements or
understandings (oral or written) between and among the Parties hereto relating to the subject
matter of this Protective Order that are not set forth or expressly referred to herein. Amendments
or modifications to this Protective Order shall be invalid unless made inwriting and signed on
behalf of all of the Parties.
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23. If,for any reason, any provision of the agreement of the Parties isheld invalid, in
whole or in part, such invalidity shall not affect any other provision of their agreement not held
OOONG
so invalid, and each such other provision shall to the full extent consistent with law continue in
fullforce and effect.
10 24. The foregoing provisions are agreed to and stipulated to be all Parties to
11 this action.
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/i%/ DAY OF
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IT IS SO ORDERED THIS/
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17 AGREED To BY:
18 ATTORNEYS FOR PLAINTIFF EDWARD FUNEz
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DATEpzNovemberL-Z, 2019 ‘f
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L. SCHAFFER
21 NICHOLAS J. PETERSON
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YASMEEN OMIDI
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ATTORNEYS FOR DEFENDANT F1RE INSURANCE EXCHANGE
DATED: November L4, 2019
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DANIEL V. KOHLS
LEIGHTON B. KOBERLEIN
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200203 Agreement and Protective Order
Stipulated Confidentiality
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ATTORNEYS FOR DEFENDANT BENEVENTO’S CLEANING & RESTORATION
SERVICE INC. dba SERVICE MASTER BY BENEVENT'O
DATED: November 1L, 2019
pATRICK S. SCHOENBURG
ALEXI P. ANTONIOU
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ATTORNEYS FOR DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY
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DATED: November ___, 2019
MICHELLE R. 'FERBER
CONNOR M. DAY
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200203 Stipulated Confidentiality Agreemcnt and Protective
Order
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ATTORNEYS FOR DEFENDANT BENEVENTO’S CLEANING & RESTORATION
SERVICE INC. dba SERVICE MASTER BY BENEVENTO
DATED: NoVember _, 2019
PATRICK S. SCHOENBURG
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ALEXI P. ANTONIOU
ATTORNEYS FOR DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY
DATEozNovember £2019 ’
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200203 Ageemem and Protective Order
Stipulated Confidentiality
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EXHIBIT F‘A”
AGREEMENT CONCERNING MATERIAL COVERED BY A_ CONFIDENTIALITY
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AGREEMENT AND PROTECTIVE ORDER
The undersigned acknowledges that hc/shc has road thc attached Confidentiality
COOQQUI-bbJNh—I
Agreement and Protective Order agreed to by the Parties and entered by the Court in the
above-captioned case, and understands the terms thereof, and agrees to be bound by such terms.
DATED;
SIGNATURE
muaMAwN—OBESEGEGSZS
MNNMMNNNN
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200203 Stipulated ConfidentialityAgeement and Protective Order
Preview
' _ DANIEL V. KOHLS (State Bar No. 167987) LEIGHTON B. KOBERLEIN (State Bar No. 252891) HANSEN, KOHLS, SOMMER & JACOB, LLP ‘ 1 < 3, ' U L EI: D 1520 EUREKA ROAD, SUITE 100 NW! ' 1 9 2mg RT FRESNOCOUNWSUPhR‘ORCOU ¥€€§$‘§éfiéf6‘f%§§‘%3m . FACSMLE: (916) 781—5339 BY DEPUTY dkohls@hansenkohls.com lkoberlein@hans._enkohls.com \OWNO\UIAUJNH Attorneys for Defendant FIRE INSURANCE EXCHANGE RECEIVED V/A EF/LE . 11/13/2019 8:41 AM FRESNO EOWEY S PE OR COURT > _ y: . anc ez, eputy SUPERIOR COURT 0F CALIFORNIA COUNTY 0F FRESNO v EDWARD FUNEZ, an individual, . case No. 19CEceoz755 WNHO STIBULATED CONFIDEN'HALITY r—nb—Ar—npn _ v. . Plaintifl, . AGREEMENT AND PROTECTIVE ORDER WSW; “ ' 14 FIRE INSURANCE EXCHANGE, BENEVENTO’S CLEANING & 15 RESTORATION SERVICE INC. dba SERVICE MASTER BY BENEVENTO; l6 AMERICAN CONTRACTORS Complaint Filed: July 30, 2019 INDEMNITY COMPANY; and Does l Trial Date: Not Set l7 through 20, ' 18 Defendants. 19 20 By and through their respective attorneys of record, plaintiff EDWARD FUNEZ and I 21 defendants FIRE INSURANCE EXCHANGE, BENEVENTO’S CLEANING & 22 RESTORATION SERVICEINC. dba SERVICE MASTER BY BENEVENTO, and .23 AMERICAN CONTRACTORS INDEMNITY COMPANY collectively referred to as the 24 “Parties,” and individually as a “Party,” stipulateand agree to thc entry of the following 25 Protective Order. 26 The Panies agree that during the course of discovery in this action, itmay be necessary to 27 disclose certain confidential and private information relating to the subject matter of this action. 28 Therefore, on the stipulation of the Parties, and on a showing that an Order isneeded to _ ‘.] 200203 Agreement and Protective Order Stipulated Confidentiality prevent unwarranted disclosure of confidential or proprietary infdnnation, THE COURT HEREBY ORDERS THAT: l. The production ofpn'vate, confidential and propn'ctary information, documents, or tangible things, response to a discovery request, deposition testimony or transcript, or other information or maferial, including the contents, copies, excerpts, and summaries thereof, filmished, proVided, produced? filed, or-sprved by any Producing Party in response to any Party's KOMNQUI-b discovery requests in this action (collectively referred to as “Discovery Material”) will take place pursuant to this stipulated Confidentiality Agreement and ?rotectjve Order (“Protective Order”), which shall apply t0 all such Discovery Material regardless of how a Party came 0r comes into 10 their possession, For the purpose of this Protective Order, “Producing Party" shall mean the 11 person or entity that produces any information that issubject to the terms of this Protective Order 12 including persons who are not parties to this action but who agree in Wn'ting to produce > 13 Confidential Information subject to the ternas of this Protecfive Order. Non-parties may do so by 14 executing an ageement substantially in,the form set foith in Exhibit “A” attached hereto. 15 2. Any Producing Party may designate Discovery Material it produces as 16 Confidential Information, provided the Producing Party has a good faith belief, formed aficr an 17 inquiry reasonable under the circumstances, that it isnecessary in the interests ofjustice to keep 18 the Discovery Material being designated out ofthe public record and that such designation 19 complies with any orders this Court has issged concerning! this Prot'ective Order. Any such 20 designation shall be made with a good faith belief-that such Discovery Material constitutes 21 proprietary information, trade secrets, and/or private operational, financial, or personal 22 information, disclosures of which could result in harm to the Producing Party or others. 23 3. Confidential Infomation may only be disclosed and/or made availablé to 24 the following: JL ' 25 (a) ‘The Parties 0r empl’Oyees of a Party who are assisting 26 counsel in this litigation; 27 (b) Witnesses, other than the Parties, who provide or may ‘ 28 pro'videdeposition or trialtestimony in the instant action; -2- 200203 Stipulated Confidentiality Agreement'and Protective Order >(c) The attorneys of record for a Party and the current employees of those attorneys or their firms; (d) Any experts or consultants retained by a Party or its counsel of record in good faith in connection with this lawsuit, as well as any experts designated \DOONO‘UIhU’Nh—n by order of'this Court; (e) Outside copy services, interpreters, translators, court yeponcrs/stenographers (other than those employed by‘the Court), .and similar vendors retained by the Parties whose normal job functions require them to have access to the l documents; and (f) - Court personnel, provided that the requirements of I Paragraph 8 below aré satisfied. 4. No Confidential Information may be disclosed or made available to any of the persons designated in Paragraphs 2(b) and 2(d) above unless those persons agree, in advance, to be bound by this Protective-Ordcr, to use such documents solely for pufposcs of this action, and not to disclose any such documents to any other person, firm, or concern. Such persons shall execute an afiidavit, in the form attached as Exhibit “A,” which is tobe kept by counsel and shall be subject to inspection by opposing counsel upon reasonable notice; provided, however, that mqaman—oBESSGEGEEE opposing counsel shall not be eniitled to review the afidavits of any persons described in Paragraph 2(d) until after the designation of experts occurs. 5. Each Party or its counsel shall maintain a listof namés ofall persons to Wham Confidential Information, any-copics or reproductions thereof, or any Confidential Information contained therein has been disclosed, disseminated, or communicated ‘and a description of the Confidential Information so disclosed. NNNNNNNNN Upon termination of this action (whetllér by judgment, verdict, settlement or otherwise), such listshallbe made available upon request to the Producing Party who designated the Discovery Maten'al as Confidential Information. 6. V Each page of the Confidential Information produced by a Party in discovery in this action shall be marked, “CONFIDENTIAL,” which marking shall designate such documents as -3- V 200203 ‘ Ageementand Stipulated Confidentiality ProtectiveOrder Confidential Information covered by this Protective Order. Ifa Party disputes the propriety of such a designation, the Producifig Party shall, aftermeeting and conferring with opposing counsel, bring the matter to theattention of the Court within the later of 120 days before the trial in this action or 45 days fiom their receipt of the Confidential Information at issue. \OWQGUI#UJNI— 7. A Party may designate as a Confidential Information (under the terms of the Protective Order) the record of any hearing, deposition, trial,or other proceeding, including any testimony or statements made at the deposition or proceeding and any exhibits or attachments, by either: (1) giving oral notice during the taking of the deposition or the proceeding, or (2) written notice to allcounsel of recOrd within forty-five (45) days before the tn'al in this action,unless the hearing, deposition, trial,or other-proceeding at issue iswithin forty-five (45) days of the trialin this action, in which case the Party may give such notice attri'al. All portions of any such transcripts, exhibits, or aftachments shall be marked “CONFIDENTIAL” before being provided to thc Comt or other persons or entities. I 8. Before filing or submitting any Confidential Information to the Court, Parties I must comply with the procedures for sealing documents under CRC 2.551. 9. Anything containing Confidential Information which has been Idesignated by a non-producing party as a proposed trial exhibit, pursuant to applicable pretrial pfocedures, may be offered into evidence in open court unless the Producing Party that designated the infbrmation as confidential obtains an appropriate protective order mqo‘MAwN—OEESEGKGSZS from the Court. Iffio such order is obtained and anything contiining Confidential Informfiion isofl'ered into evidence, such Confidential Information shall cease to be protected by this Protective Order. 10. Any person or entity who receives any Confidential Information (or any copies thereof) in connection with this actiOn (a) may not use those Confidential Documents in]any other case, matter, or proceeding; and (b) must retum the Confidential Informafion (and any and MNNNNNNNN allcopies) to counsel for the Producing Party, or destroy thevConfidential Information (and any and allvcopies), within sixty (60) days of the conclusion of this action and allappeals, unless the Party is dismissed in which case Section 11 applies. In‘the event the person or entity in receipt of Confidential Information elects to destroy them, instead of returning them, that person or entity 4— _ 200203 Agreement and Protective Order Stipulated Confidentiality “"\ f, [x \ \ ( ‘ ‘\‘_/‘/ x ,_A/1 must provide counsel for the Producing Party with an affidavit or declaration, under penalty peljury, stating'that the Confidential Information (and any and all copies) have been destroyed. ll. In the event that any Party is'dismissed as a party to this action, itshall continue to be bound by and have'rights under this Protective Order. Any suCh party must return thc ~ \OOOQQUI-kLflNb-d Confidential Information (and any and allcopies) to counsel for the Prqducing Party, or destrby the Confidential mformation (and any and' all copies), within sixty (60) days of the dismissfil. I ‘ 12. A11 copies of the Confidential Information shall be kept and stored in a manner reasonably calculated toipresén're their confidentiality. 13., If a person. or party in receipt of a Confidential Information believes that said rx document is required by law to be disclosed ina manner inconsisteht with this Protective Order, then that person of patty shall (a) immediately notify céunsel for the Producing Pafiy, and in no ~— event later than two (2) business days aficr receiving thg rcqucst at issue, including by providing senvrle counsel for the Prodpcing Party with a copy of the request; (b) timely written objections to I the request that expressly reference this Protective Orde}; and (c) cooperate with any efl‘ons by the Producing Party to limit, condition, or prevent the disclosufe of the Confidcnfial Information. 14. Producing orrégeiving Confidential mfonhatigh, or otherwise complying with the terms ofthis Protective Order, shall not prejudice the rights ofthe Mucing Party to object t0 the production, use, or introduction into evidence‘of any Confidential Information (or-any mqmm¢w-oom3353$w>§g pmtions) on the grounds of relevance, privilege, the work product doctrine, or any other grounds ' ‘ other than ‘confidentiality/privacy. 15. If Confidential Information subject to a claim of attorney-cljent privilege, the v work product doctrine, privacy rights of third parties, or any other applicable privilege or protection are inadvertentlyor mistakenly produced, such production shall 'NNNNNNNNN-uH 'inno way prejudice or otherwise constitute a waiver of,or estoppel as to, any claim ofprivilége or protection for such Confidential Information, and the Producing Party may, within twenty-one (21) days of discovery of such inadvertent or mistaken production, make .a wn'tten request for-the retum of those documents. Within seven (7) business days of receipt of such a request, the inadvertently or mistakenly produced Confidential Information, as well as allcopies andall documents, materials, -5- _ I 200203 Agreement and Protective Order Stipulated Confidentiality H or information reflecting the contents of such Confidential Information, shall be returned to the Producing Party, andno Party shall make any use of those documénts; If a receiving party objects ' to the return of the documents within the seven (7) business day period described above, the fcceiving party may, within forty-fivc (45) days after the service of said objection, file a‘motion with the Court for an order compelling their productilon. \oooxla'uaww l6. Notwithstanding the foregoing, this Protective Order does not restrict the right of the Producing Party to make such use 6r disclosure of those documents as itotherwise is entitled to make- In addition, the Producing Party does not waive the classification of its own material/infonnation as confidential if such Party discloses such information to non-parties for any reason. ' 17. Nothing in this Protective Order is intended to restrictor limit the aixthon'ty of the ' 'Court to direct the disclosure of any infOrmation designated as “Confidential Information” by any Party to this action. ' l8. In no event shall any of the findings, conclusions, determinations, or results of the Court herein be considered or deemed confidential. l9. . 'Forgood cause shown, a Party to this Protective Order maybe released fiom its ri—ceooqamEGEES terms by order of the Court aficr notice and hearing. 20. This Protective Order shall be governed by the laws of the State of California. NNNNv—nb—nmwn—n 21 . Violations of thisProtective Order shall be punishable to the extent and in the manners permitted by applicable law. Further, the Parties Acknowledge andunderstand that the pmvisions set forth in this Protective Order are of a speciai nature and that any actual or threatened breach, violation, or evasion of them may result in damages to the Producing Party in amounts difficult to ascertain. In the event of any actual or threatened breach, violation, or Nfi evasion of the covenants ‘a’nd agreements set forth in this Protective Order by the Pam'es, the < Produéing Party shall also be entitled to recover attorneys‘ fees, costs, and expenses associated WQGNUI with the enforcement of any provision hereof. NNNN 22.‘ It isagreed that this Protective Order contains the entire agreement and understanding between and among the Parties hereto and supersedes any prior agecments and -6- - ' 200203 Stipulatcd ConfidentialityAgreement and Protective Order I f \_/ xx_/ understandings among them respecting the subject matter hereof. There are no agreements or understandings (oral or written) between and among the Parties hereto relating to the subject matter of this Protective Order that are not set forth or expressly referred to herein. Amendments or modifications to this Protective Order shall be invalid unless made inwriting and signed on behalf of all of the Parties. '- 23. If,for any reason, any provision of the agreement of the Parties isheld invalid, in whole or in part, such invalidity shall not affect any other provision of their agreement not held OOONG so invalid, and each such other provision shall to the full extent consistent with law continue in fullforce and effect. 10 24. The foregoing provisions are agreed to and stipulated to be all Parties to 11 this action. 12 /i%/ DAY OF 13 14 15 IT IS SO ORDERED THIS/ W‘ ‘16 17 AGREED To BY: 18 ATTORNEYS FOR PLAINTIFF EDWARD FUNEz 19 > 20 DATEpzNovemberL-Z, 2019 ‘f I M. MmAN M- ‘ - '; mm f L. SCHAFFER 21 NICHOLAS J. PETERSON WM YASMEEN OMIDI 22 23 24 25 26 ATTORNEYS FOR DEFENDANT F1RE INSURANCE EXCHANGE DATED: November L4, 2019 / x DANIEL V. KOHLS LEIGHTON B. KOBERLEIN . . 27 /// 28 /// . -7- 200203 Agreement and Protective Order Stipulated Confidentiality \ ATTORNEYS FOR DEFENDANT BENEVENTO’S CLEANING & RESTORATION SERVICE INC. dba SERVICE MASTER BY BENEVENT'O DATED: November 1L, 2019 pATRICK S. SCHOENBURG ALEXI P. ANTONIOU \oooqmmamxo.‘ ATTORNEYS FOR DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY ' DATED: November ___, 2019 MICHELLE R. 'FERBER CONNOR M. DAY ._. mqamhw-05w533355:'3 NNNNNNNNN -8- 200203 Stipulated Confidentiality Agreemcnt and Protective Order /A\ f/ \z V/\ ATTORNEYS FOR DEFENDANT BENEVENTO’S CLEANING & RESTORATION SERVICE INC. dba SERVICE MASTER BY BENEVENTO DATED: NoVember _, 2019 PATRICK S. SCHOENBURG > ALEXI P. ANTONIOU ATTORNEYS FOR DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY DATEozNovember £2019 ’ ,e-m— "HELLE ,M w R 13W: ‘OOONO‘ ; ‘ ZNNORM. 10 11 12 13 14 15 16 17 18' 19 20 ‘ 21 22 23 24 25 26 27 28 -3- 200203 Ageemem and Protective Order Stipulated Confidentiality u f VAX u ;’ \ EXHIBIT F‘A” AGREEMENT CONCERNING MATERIAL COVERED BY A_ CONFIDENTIALITY > AGREEMENT AND PROTECTIVE ORDER The undersigned acknowledges that hc/shc has road thc attached Confidentiality COOQQUI-bbJNh—I Agreement and Protective Order agreed to by the Parties and entered by the Court in the above-captioned case, and understands the terms thereof, and agrees to be bound by such terms. DATED; SIGNATURE muaMAwN—OBESEGEGSZS MNNMMNNNN .9- ’ 200203 Stipulated ConfidentialityAgeement and Protective Order