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1 R. Gregory Amundson (State Bar No. 79710)
ramundson@wshblaw.com
2 Sheila E. Fix (State Bar No. 138613)
sfix@wshblaw.com
3 S. Joanna Dyriam (State Bar No. 320995)
sdyriam@wshblaw.com
4 WOOD, SMITH, HENNING & BERMAN LLP
2815 Townsgate Road, Suite 215
5 Thousand Oaks, California 91361-5827, United States
Phone: (820) 333-4250 ♦ Fax: (820) 333-4249
6
Attorneys for Defendants, CLEARVIEW
7 PROPERTY SERVICES, INC. and
CHRISTOPHER HULME
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SANTA BARBARA, COOK DIVISION
THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES
11
WOOD, SMITH, HENNING & BERMAN LLP
TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249
12 THOMAS KOPITNIK, an individual, Case No. 21CV02266
2815 TOWNSGATE ROAD, SUITE 215
[Assigned for All Purposes to Judge James F.
13 Plaintiff, Rigali, Dept. 2]
Attorneys at Law
14 v. NOTICE OF ERRATA REGARDING
EXHIBIT A TO THE DECLARATION OF
15 CLEARVIEW PROPERTY SERVICES, INC. S. JOANNA DYRIAM IN SUPPORT OF
a California Corporation; CHRISTOPHER DEFENDANT CLEARVIEW PROPERTY
16 HULME, and individual; and DOES 1 SERVICES, INC.'S OPPOSITION TO
THROUGH 10 PLAINTIFF'S MOTION TO COMPEL
17 CLEARVIEW'S COMPLIANCE WITH
Defendant. THIS COURT'S DISCOVERY ORDER
18 DATED JULY 14, 2022 AND FOR
MONETARY SANCTIONS
19
Hearing Date: December 13, 2022
20 Time: 8:30 A.M.
Dept.: SM2
21
22 Action Filed: 6/8/21
Trial Date: 4/24/23
23
24
25
26 TO THE COURT, PLAINTIFF AND HIS ATTORNEYS OF RECORD:
27 PLEASE TAKE NOTICE THAT the Declaration of S. Joanna Dyriam in support of
28 Defendant, CLEARVIEW PROPERTY SERVICES, INC.'s ("Clearview") Opposition to Plaintiff’s
27112288.1:05819-0110 -1-
NOTICE OF ERRATA
1 Motion to Compel Compliance with this Court's Discovery Order Dated July 14, 2022 and for
2 Monetary Sanctions, references as Exhibit A attached to the Declaration a true and correct copy of
3 Ms. Dyriam's November 29, 2022 email to Plaintiff's counsel that Clearview would produce the
4 unredacted prior contracts with the names and addresses of Clearview's clients subject to a proposed
5 stipulation as well as the proposed stipulation. While the November 29, 2022 email was included as
6 Exhibit A to the Declaration, the proposed stipulation attached to the email was inadvertently
7 excluded. Therefore, attached hereto is a complete copy of Exhibit A to Ms. Dyriam's Declaration.
8
9
10 DATED: December 22, 2022 WOOD, SMITH, HENNING & BERMAN LLP
THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES
11
WOOD, SMITH, HENNING & BERMAN LLP
TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249
12
2815 TOWNSGATE ROAD, SUITE 215
13 By:
Attorneys at Law
R. GREGORY AMUNDSON
14
SHEILA E. FIX
15 S. JOANNA DYRIAM
Attorneys for Defendants, CLEARVIEW PROPERTY
16 SERVICES, INC. and CHRISTOPHER HULME
17
18
19
20
21
22
23
24
25
26
27
28
27112288.1:05819-0110 -2-
NOTICE OF ERRATA
EXHIBIT "A"
Archived: Thursday, December 22, 2022 9:33:43 AM
From: S. Joanna Dyriam
Sent: Tuesday, November 29, 2022 10:34:40 AM
To: Anderson, Jason
Cc: Mason, Andrew B.; Sheila E. Fix; Greg Amundson; Milanowski, Kayla
Subject: RE: Kopitnik (104827-0005); Correspondence re Demand to Produce Unredacted Documents
Sensitivity: Normal
Attachments:
Kopitnik Stipulation and Proposed Protective Order re the 13 Projects.DOCX ;
Jason,
I’m not sure if Greg has already discussed this with you, but we will produce the unredacted prior contracts subject to the
attached proposed stipulation and protective order. Please advise if you are amenable to the attached and will execute
same.
Thanks.
S. Joanna Dyriam
Senior Associate
WOOD SMITH HENNING & BERMAN LLP
A 2815 Townsgate Road, Suite 215, Thousand Oaks, CA 91361‑5827
D 820.333.4206 M 818.512.0206
E sdyriam@wshblaw.com W www.wshblaw.com
Personal Bio ∙ Facebook ∙ LinkedIn ∙ Twitter
From: Anderson, Jason
Sent: Friday, November 11, 2022 7:56 AM
To: S. Joanna Dyriam
Cc: Mason, Andrew B. ; Sheila E. Fix ; Greg Amundson
; Milanowski, Kayla
Subject: [EXTERNAL] Re: Kopitnik (104827-0005); Correspondence re Demand to Produce Unredacted Documents
Joanna,
You are already made this baseless argument in opposition to our original motion back in January before agreeing to the
original stipulation and order in which you expressly agreed to provide this information. Your “position” is knowing and in
direct violation of now two court orders.
Regards, Jason
Sent from my iPhone
On Nov 11, 2022, at 5:46 AM, S. Joanna Dyriam wrote:
Andrew,
Our position is that the names and addresses of Clearview's prior clients should not be disclosed in discovery prior
to notice to the third-party prior clients of the request for the release of their personal/contact information and the
provision of an opportunity for them to object to the disclosure of such information. There is ample case law on
point. See for example, Pioneer Electronics (USA), Inc. v. Superior Court (2007) 40 Cal.4th 360 (third-party
contact information—name, address, and phone number—may appropriately be given to civil litigants when the
third parties are given an opportunity to object to the disclosure of their contact information); and Cnty. of Los
Angeles v. Superior Ct. (2021), 65 Cal. App. 5th 621, 636 (where third-party privacy interests are involved, the
target of discovery has an affirmative duty to notify the third parties of the discovery request and give them an
opportunity to appear and object).
We intend to submit an unredacted copy of the prior contracts to the Court under seal next week for further
consideration by the Court of objections, if any, by the third-party prior clients, prior to any disclosure of their
personal information.
S. Joanna Dyriam
Senior Associate
WOOD SMITH HENNING & BERMAN LLP
A 2815 Townsgate Road, Suite 215, Thousand Oaks, CA 91361‑5827
D 820.333.4206 M 818.512.0206
E sdyriam@wshblaw.com W www.wshblaw.com
Personal Bio ∙ Facebook ∙ LinkedIn ∙ Twitter
From: Mason, Andrew B.
Sent: Tuesday, November 8, 2022 2:34 PM
To: S. Joanna Dyriam ; Sheila E. Fix ; Greg Amundson
Cc: Anderson, Jason ; Milanowski, Kayla
Subject: [EXTERNAL] RE: Kopitnik (104827-0005); Correspondence re Demand to Produce Unredacted Documents
Joanna,
Per our call just now, bumping our demand to produce unredacted documents per the July 14, 2022 Order up in
your inboxes. I understand Greg is in trial and may not be available until Thursday afternoon to discuss. We plan
on filing the motion EOD Friday to ensure we will have time to have the motion heard and conduct discovery
based on this information before trial.
Regards,
Andrew
Andrew B. Mason
Associate
amason@stradlinglaw.com
Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660
D: 949 725 4273
stradlinglaw.com | LinkedIn
CONFIDENTIALITY NOTICE
This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged,
confidential and exempt from disclosure under applicable law.
If the reader of this message is not the intended recipient, you are hereby notified
that any dissemination, distribution or copying of this communication is strictly prohibited.
If you have received this communication in error, please
notify us immediately. Thank you.
From: Mason, Andrew B.
Sent: Thursday, October 13, 2022 10:15 AM
To: S. Joanna Dyriam ; Sheila Fix (sfix@wshblaw.com) ; Greg
Amundson
Cc: Anderson, Jason ; Milanowski, Kayla
Subject: FW: Kopitnik (104827-0005); Correspondence re Demand to Produce Unredacted Documents
Dear Counsel,
As you are aware, Dr. Kopitnik and Defendants entered into a stipulation on July 14, 2022 agreeing to mediate,
and also agreeing that Defendants would produce unredacted versions of the documents referenced in
paragraph 2 of the Stipulated Order regarding Plaintiff’s Motion to Compel Further Responses by Defendant
Clearview Property Services Inc. to Kopitnik’s (1) First set of Requests for Production of Documents, (2) First
Set of Special Interrogatories Nos. 1, 2, and 4, five days after the completion of the August 10, 2022 mediation
date, should the matter not settle.
Having not reached a resolution in mediation on August 10 or September 30, Plaintiff hereby demands that
Defendant Clearview produce the unredacted versions of the contracts, change orders, and proposals identified
in its response to Special Interrogatory No. 2 no later than by 5:00pm October 14, 2022 pursuant to the Court’s
July 14, 2022 Order.
Regards,
Andrew Mason
Kayla Milanowski
Litigation Paralegal
kmilanowski@stradlinglaw.com
Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660
D: 949 737 4726
stradlinglaw.com | LinkedIn
CONFIDENTIALITY NOTICE
This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged,
confidential and exempt from disclosure under applicable law.
If the reader of this message is not the intended recipient, you are hereby notified
that any dissemination, distribution or copying of this communication is strictly prohibited.
If you have received this communication in error, please
notify us immediately. Thank you.
WSHB CONFIDENTIALITY NOTICE: This message may contain information that is attorney-client privileged,
attorney work product or otherwise confidential. If you are not an intended recipient, use and disclosure of this
message are prohibited. If you receive this transmission in error, please notify the sender by reply email and
delete this message and any attachments.
1 R. Gregory Amundson (State Bar No. 79710)
ramundson@wshblaw.com
2 Sheila E. Fix (State Bar No. 138613)
sfix@wshblaw.com
3 S. Joanna Dyriam (State Bar No. 320995)
sdyriam@wshblaw.com
4 WOOD, SMITH, HENNING & BERMAN LLP
505 North Brand Boulevard, Suite 1100
5 Glendale, California 91203
Phone: (818)551-6000 ♦ Fax: (818)551-6050
6
Attorneys for Defendants, CLEARVIEW
7 PROPERTY SERVICES, INC. and
CHRISTOPHER HULME
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SANTA BARBARA, COOK DIVISION
THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES
11
WOOD, SMITH, HENNING & BERMAN LLP
TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249
12 THOMAS KOPITNIK, an individual, Case No. 21CV02266
2815 TOWNSGATE ROAD, SUITE 215
[Assigned for All Purposes to Judge James F.
13 Plaintiff, Rigali, Dept. 2]
Attorneys at Law
14 v. STIPULATION AND PROTECTIVE
ORDER REGARDING MATERIALS
15 CLEARVIEW PROPERTY SERVICES, INC. DESIGNATED AS CONFIDENTIAL
a California Corporation; CHRISTOPHER
16 HULME, and individual; and DOES 1 Action Filed: 06/08/2021
THROUGH 10 Trial Date: 4/24/2023
17
Defendant.
18
19
20
21
22
23 IT IS HEREBY STIPULATED by and between Plaintiff Thomas Kopitnik and Defendants
24 and Clearview Property Services, Inc. and Christopher Hulme (hereinafter collectively "the
25 Parties"), by and through their respective counsel of record, that in order to facilitate the exchange
26 of information and documents which may be subject to confidentiality limitations on disclosure
27 due to federal laws, state laws, and privacy rights, the Parties stipulate as follows:
28 1. In this Stipulation and Protective Order, the words set forth below shall have the
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STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL
1 following meanings:
2 a. "Proceeding" means the above-entitled proceeding, Santa Barbara County
3 Superior Court Case No. 21CV02266.
4 b. "Court" means the Hon. James F. Rigali, or any other judge to which this
5 Proceeding may be assigned, including Court staff participating in such proceedings.
6 c. "Confidential" means any Documents, Testimony, or Information which is in
7 the possession of a Designating Party who believes in good faith that such Documents, Testimony, or
8 Information is entitled to confidential treatment under applicable law.
9 d. "Confidential Materials" means any Documents, Testimony, or
10 Information as defined below designated as "Confidential" pursuant to the provisions of this
THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES
11 Stipulation and Protective Order.
WOOD, SMITH, HENNING & BERMAN LLP
TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249
12 e. "Designating Party" means the Party that designates Documents,
2815 TOWNSGATE ROAD, SUITE 215
13 Testimony, or Information, as defined below, as "Confidential."
Attorneys at Law
14 f. "Disclose" or "Disclosed" or "Disclosure" means to reveal, divulge, give,
15 or make available Materials, or any part thereof, or any information contained therein.
16 g. "Documents" means (i) any "Writing," "Original," and "Duplicate" as
17 those terms are defined by California Evidence Code Sections 250, 255, and 260, which have
18 been produced in discovery in this Proceeding by any person or entity, and (ii) any copies,
19 reproductions, or summaries of all or any part of the foregoing.
20 h. "Information" means the content of Documents or Testimony.
21 i. "Testimony" means all depositions, declarations, or other testimony
22 taken or used in this Proceeding.
23 2. The entry of this Stipulation and Protective Order does not alter, waive, modify, or
24 abridge any right, privilege, or protection otherwise available to any Party with respect to the
25 discovery of matters, including but not limited to any Party's right to assert the attorney-client
26 privilege, the attorney work product doctrine, or other privileges, or any Party's right to contest
27 any such assertion.
28
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STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL
1 3. Any Documents, Testimony, or Information to be designated as "Confidential"
2 must be clearly so designated before the Document, Testimony, or Information is Disclosed or
3 produced. The "Confidential" designation should not obscure or interfere with the legibility of the
4 designated Information.
5 a. For Documents (apart from transcripts of depositions or other pretrial or
6 trial proceedings), the Designating Party must affix the legend "Confidential" on each page of
7 any Document containing such designated material.
8 b. For Testimony given in depositions the Designating Party may either:
9 i. identify on the record, before the close of the deposition, all
10 Confidential” Testimony, by specifying all portions of the Testimony that qualify as “Confidential;”
THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES
11 or
WOOD, SMITH, HENNING & BERMAN LLP
TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249
12 ii. designate the entirety of the Testimony at the deposition
2815 TOWNSGATE ROAD, SUITE 215
13 as “Confidential” (before the deposition is concluded) with the right to identify more specific
Attorneys at Law
14 portions of the Testimony as to which protection is sought within 30 days following receipt of the
15 deposition transcript. In circumstances where portions of the deposition Testimony are designated
16 for protection, the transcript pages containing "Confidential” Information may be separately bound
17 by the court reporter, who must affix to the top of each page the legend “Confidential,” as
18 instructed by the Designating Party.
19 4. The inadvertent production by any of the undersigned Parties or non-Parties to the
20 Proceedings of any Document, Testimony or Information during discovery in this Proceeding
21 without a “Confidential” designation, shall be without prejudice to any claim that such item is
22 “Confidential” and such Party shall not be held to have waived any rights by such inadvertent
23 production. In the event that any Document, Testimony or Information that is subject to a
24 “Confidential” designation is inadvertently produced without such designation, the Party that
25 inadvertently produced the document shall give written notice of such inadvertent production within
26 twenty (20) days of discovery of the inadvertent production, together with a further copy of the
27 subject Document, Testimony or Information designated as “Confidential” (the “Inadvertent
28 Production Notice”). Upon receipt of such Inadvertent Production Notice, the Party that received
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STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL
1 the inadvertently produced Document, Testimony or Information shall promptly destroy the
2 inadvertently produced Document, Testimony or Information and all copies thereof, or, at the
3 expense of the producing Party, return such together with all copies of such Document, Testimony
4 or Information to counsel for the producing Party and shall retain only the “Confidential” designated
5 Materials. Should the receiving Party choose to destroy such inadvertently produced Document,
6 Testimony or Information, the receiving Party shall notify the producing Party in writing of such
7 destruction within ten (10) days of receipt of written notice of the inadvertent production. This
8 provision is not intended to apply to any inadvertent production of any Information protected by
9 attorney-client or work product privileges. In the event that this provision conflicts with any
10 applicable law regarding waiver of confidentiality through the inadvertent production of
THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES
11 Documents, Testimony or Information, such law shall govern.
WOOD, SMITH, HENNING & BERMAN LLP
TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249
12 5. In the event that counsel for a Party receiving Documents, Testimony or Information
2815 TOWNSGATE ROAD, SUITE 215
13 in discovery designated as “Confidential” objects to such designation with respect to any or all of
Attorneys at Law
14 such items, said counsel shall advise counsel for the Designating Party, in writing, of such
15 objections, the specific Documents, Testimony or Information to which each objection pertains, and
16 the specific reasons and support for such objections (the “Designation Objections”). Counsel for
17 the Designating Party shall have thirty (30) days from receipt of the written Designation Objections
18 to either (a) agree in writing to de-designate Documents, Testimony or Information pursuant to any
19 or all of the Designation Objections and/or (b) file a motion with the Court seeking to uphold any
20 or all designations on Documents, Testimony or Information addressed by the Designation
21 Objections (the “Designation Motion”). Pending a resolution of the Designation Motion by the
22 Court, any and all existing designations on the Documents, Testimony or Information at issue in
23 such Motion shall remain in place. The Designating Party shall have the burden on any
24 Designation Motion of establishing the applicability of its “Confidential” designation. In the event
25 that the Designation Objections are neither timely agreed to nor timely addressed in the Designation
26 Motion, then such Documents, Testimony or Information shall be de-designated in accordance with
27 the Designation Objection applicable to such material.
28 6. Access to and/or Disclosure of Confidential Materials designated as “Confidential”
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STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL
1 shall be permitted only to the following persons:
2 a. the Court;
3 b. (1) Attorneys of record in the Proceedings and their affiliated attorneys,
4 paralegals, clerical and secretarial staff employed by such attorneys who are actively involved in
5 the Proceedings and are not employees of any Party. (2) In-house counsel to the undersigned Parties
6 and the paralegal, clerical and secretarial staff employed by such counsel. Provided, however, that
7 each non-lawyer given access to Confidential Materials shall be advised that such Materials are
8 being Disclosed pursuant to, and are subject to, the terms of this Stipulation and Protective Order
9 and that they may not be Disclosed other than pursuant to its terms;
10 c. those officers, directors, partners, members, employees and agents of all non-
THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES
11 designating Parties that counsel for such Parties deems necessary to aid counsel in the prosecution
WOOD, SMITH, HENNING & BERMAN LLP
TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249
12 and defense of this Proceeding; provided, however, that prior to the Disclosure of Confidential
2815 TOWNSGATE ROAD, SUITE 215
13 Materials to any such officer, director, partner, member, employee or agent, counsel for the Party
Attorneys at Law
14 making the Disclosure shall deliver a copy of this Stipulation and Protective Order to such person,
15 shall explain that such person is bound to follow the terms of such Order, and shall secure the
16 signature of such person on a statement in the form attached hereto as Exhibit A;
17 d. court reporters in this Proceeding (whether at depositions, hearings, or any
18 other proceeding);
19 e. any deposition, trial or hearing witness in the Proceeding who previously has
20 had access to the Confidential Materials, or who is currently or was previously an officer, director,
21 partner, member, employee or agent of an entity that has had access to the Confidential Materials;
22 f. any deposition or non-trial hearing witness in the Proceeding who previously
23 did not have access to the Confidential Materials; provided, however, that each such witness given
24 access to Confidential Materials shall be advised that such Materials are being Disclosed pursuant
25 to, and are subject to, the terms of this Stipulation and Protective Order and that they may not be
26 Disclosed other than pursuant to its terms;
27 g. mock jury participants, provided, however, that prior to the Disclosure of
28 Confidential Materials to any such mock jury participant, counsel for the Party making the
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STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL
1 Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, shall explain
2 that such person is bound to follow the terms of such Order, and shall secure the signature of such
3 person on a statement in the form attached hereto as Exhibit A.
4 h. outside experts or expert consultants consulted by the undersigned Parties or
5 their counsel in connection with the Proceeding, whether or not retained to testify at any oral
6 hearing; provided, however, that prior to the Disclosure of Confidential Materials to any such expert
7 or expert consultant, counsel for the Party making the Disclosure shall deliver a copy of this
8 Stipulation and Protective Order to such person, shall explain its terms to such person, and shall
9 secure the signature of such person on a statement in the form attached hereto as Exhibit A. It shall
10 be the obligation of counsel, upon learning of any breach or threatened breach of this Stipulation
THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES
11 and Protective Order by any such expert or expert consultant, to promptly notify counsel for the
WOOD, SMITH, HENNING & BERMAN LLP
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12 Designating Party of such breach or threatened breach; and
2815 TOWNSGATE ROAD, SUITE 215
13 i. any other person that the Designating Party agrees to in writing.
Attorneys at Law
14 7. Confidential Materials shall be used by the persons receiving them only for the
15 following purposes:
16 a. For the purposes of preparing for, conducting, participating in the conduct of,
17 and/or prosecuting and/or defending the Proceeding, and not for any business or other purpose
18 whatsoever.
19 8. Confidential information relating to Defendant Clearview Property Services, Inc.'s
20 contracts, including landscaping contracts, with prior clients shall be used by the persons receiving
21 them only in the following manner and/or for the following purposes:
22 a. Counsel for any Party to the Proceeding may not directly contact Defendant
23 Clearview Property Services, Inc.'s prior clients for any purpose.
24 b. Should Counsel for any Party to the Proceeding wish to contact Defendant
25 Clearview Property Services, Inc.'s prior clients in connection with the Proceeding, including but
26 not limited to deposition and/or trial testimony, such Party shall do so only pursuant to a subpoena
27 issued to and served on each prior client whose testimony is sought.
28 c. In the event Counsel for any Party to the Proceeding issues a subpoena to
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STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL
1 any prior client of Defendant Clearview Property Services, Inc., Counsel for the issuing Party to
2 the Proceeding may not contact Defendant Clearview Property Services, Inc.'s prior clients to
3 discuss any matters specific to the Proceeding, including, but not limited to, any claims or
4 allegations, theories of liability, damages alleged, and anticipated testimony at deposition and/or
5 trial. Further, Counsel for the issuing Party to the Proceeding may not discuss the scope of
6 Defendant Clearview Property Services, Inc.'s contract with each client, including the work
7 performed by Defendant Clearview Property Services, Inc. for the prior client, at any time
8 preceding the prior client's deposition and/or trial testimony.
9 9. Any Party to the Proceeding (or other person subject to the terms of this Stipulation
10 and Protective Order) may ask the Court, after appropriate notice to the other Parties to the
THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES
11 Proceeding, to modify or grant relief from any provision of this Stipulation and Protective Order.
WOOD, SMITH, HENNING & BERMAN LLP
TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249
12 10. Entering into, agreeing to, and/or complying with the terms of this Stipulation and
2815 TOWNSGATE ROAD, SUITE 215
13 Protective Order shall not:
Attorneys at Law
14 a. operate as an admission by any person that any particular Document,
15 Testimony or Information marked “Confidential” contains or reflects trade secrets, proprietary,
16 confidential or competitively sensitive business, commercial, financial or personal information; or
17 b. prejudice in any way the right of any Party (or any other person subject to the
18 terms of this Stipulation and Protective Order):
19 i. to seek a determination by the Court of whether any particular
20 Confidential Material should be subject to protection as “Confidential” under the terms of this
21 Stipulation and Protective Order; or
22 ii. to seek relief from the Court on appropriate notice to all other Parties
23 to the Proceeding from any provision(s) of this Stipulation and Protective Order, either generally or
24 as to any particular Document, Material or Information.
25 11. Any Party to the Proceeding who has not executed this Stipulation and Protective
26 Order as of the time it is presented to the Court for signature may thereafter become a Party to this
27 Stipulation and Protective Order by its counsel’s signing and dating a copy thereof and filing the
28 same with the Court, and serving copies of such signed and dated copy upon the other Parties to this
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STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL
1 Stipulation and Protective Order.
2 12. Any Information that may be produced by a non-Party witness in discovery in the
3 Proceeding pursuant to subpoena or otherwise may be designated by such non-Party as
4 “Confidential” under the terms of this Stipulation and Protective Order, and any such designation
5 by a non-Party shall have the same force and effect, and create the same duties and obligations, as
6 if made by one of the undersigned Parties hereto. Any such designation shall also function as a
7 consent by such producing Party to the authority of the Court in the Proceeding to resolve and
8 conclusively determine any motion or other application made by any person or Party with respect
9 to such designation, or any other matter otherwise arising under this Stipulation and Protective
10 Order.
THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES
11 13. If any person subject to this Stipulation and Protective Order who has custody of any
WOOD, SMITH, HENNING & BERMAN LLP
TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249
12 Confidential Materials receives a subpoena or other process (“Subpoena”) from any government or
2815 TOWNSGATE ROAD, SUITE 215
13 other person or entity demanding production of Confidential Materials, the recipient of the
Attorneys at Law
14 Subpoena shall promptly give notice of the same by electronic mail transmission, followed by either
15 express mail or overnight delivery to counsel of record for the Designating Party, and shall furnish
16 such counsel with a copy of the Subpoena. Upon receipt of this notice, the Designating Party may,
17 in its sole discretion and at its own cost, move to quash or limit the Subpoena, otherwise oppose
18 production of the Confidential Materials, and/or seek to obtain confidential treatment of such
19 Confidential Materials from the subpoenaing person or entity to the fullest extent available under
20 law. The recipient of the Subpoena may not produce any Documents, Testimony or Information
21 pursuant to the Subpoena prior to the date specified for production on the Subpoena.
22 14. Nothing in this Stipulation and Protective Order shall be construed to preclude either
23 Party from asserting in good faith that certain Confidential Materials require additional protection.
24 The Parties shall meet and confer to agree upon the terms of such additional protection.
25 15. If, after execution of this Stipulation and Protective Order, any Confidential
26 Materials submitted by a Designating Party under the terms of this Stipulation and Protective Order
27 is Disclosed by a non-Designating Party to any person other than in the manner authorized by this
28 Stipulation and Protective Order, the non-Designating Party responsible for the Disclosure shall
26891735.1:05819-0110 -8-
STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL
1 bring all pertinent facts relating to the Disclosure of such Confidential Materials to the immediate
2 attention of the Designating Party.
3 16. This Stipulation and Protective Order is entered into without prejudice to the right of
4 any Party to knowingly waive the applicability of this Stipulation and Protective Order to any
5 Confidential Materials designated by that Party. If the Designating Party uses Confidential
6 Materials in a non-Confidential manner, then the Designating Party shall advise that the designation
7 no longer applies.
8 17. Where any Confidential Materials, or Information derived from Confidential
9 Materials, is included in any motion or other proceeding governed by California Rules of Court,
10 Rules 2.550 and 2.551, the party shall follow those rules. With respect to discovery motions or
THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES
11 other proceedings not governed by California Rules of Court, Rules 2.550 and 2.551, the following
WOOD, SMITH, HENNING & BERMAN LLP
TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249
12 shall apply: If Confidential Materials or Information derived from Confidential Materials are
2815 TOWNSGATE ROAD, SUITE 215
13 submitted to or otherwise disclosed to the Court in connection with discovery motions and
Attorneys at Law
14 proceedings, the same shall be separately filed under seal with the clerk of the Court in an envelope
15 marked: “CONFIDENTIAL – FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER
16 AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.”
17 18. The Parties shall meet and confer regarding the procedures for use of Confidential
18 Materials at trial and shall move the Court for entry of an appropriate order.
19 19. Nothing in this Stipulation and Protective Order shall affect the admissibility into
20 evidence of Confidential Materials, or abridge the rights of any person to seek judicial review or to
21 pursue other appropriate judicial action with respect to any ruling made by the Court concerning the
22 issue of the status of Protected Material.
23 20. This Stipulation and Protective Order shall continue to be binding after the
24 conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding, except
25 that a Party may seek the written permission of the Designating Party or may move the Court for
26 relief from the provisions of this Stipulation and Protective Order. To the extent permitted by law,
27 the Court shall retain jurisdiction to enforce, modify, or reconsider this Stipulation and Protective
28 Order, even after the Proceeding is terminated.
26891735.1:05819-0110 -9-
STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL
1 21. Upon written request made within thirty (30) days after the settlement or other
2 termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a)
3 promptly return to counsel for each Designating Party all Confidential Materials and all copies
4 thereof (except that counsel for each Party may maintain in its files, in continuing compliance with
5 the terms of this Stipulation and Protective Order, all work product, and one copy of each pleading
6 filed with the Court [and one copy of each deposition together with the exhibits marked at the
7 deposition)]*, (b) agree with counsel for the Designating Party upon appropriate methods and
8 certification of destruction or other disposition of such Confidential Materials, or (c) as to any
9 Documents, Testimony or other Information not addressed by sub-paragraphs (a) and (b), file a
10 motion seeking a
Preview
1 R. Gregory Amundson (State Bar No. 79710) ramundson@wshblaw.com 2 Sheila E. Fix (State Bar No. 138613) sfix@wshblaw.com 3 S. Joanna Dyriam (State Bar No. 320995) sdyriam@wshblaw.com 4 WOOD, SMITH, HENNING & BERMAN LLP 2815 Townsgate Road, Suite 215 5 Thousand Oaks, California 91361-5827, United States Phone: (820) 333-4250 ♦ Fax: (820) 333-4249 6 Attorneys for Defendants, CLEARVIEW 7 PROPERTY SERVICES, INC. and CHRISTOPHER HULME 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SANTA BARBARA, COOK DIVISION THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES 11 WOOD, SMITH, HENNING & BERMAN LLP TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249 12 THOMAS KOPITNIK, an individual, Case No. 21CV02266 2815 TOWNSGATE ROAD, SUITE 215 [Assigned for All Purposes to Judge James F. 13 Plaintiff, Rigali, Dept. 2] Attorneys at Law 14 v. NOTICE OF ERRATA REGARDING EXHIBIT A TO THE DECLARATION OF 15 CLEARVIEW PROPERTY SERVICES, INC. S. JOANNA DYRIAM IN SUPPORT OF a California Corporation; CHRISTOPHER DEFENDANT CLEARVIEW PROPERTY 16 HULME, and individual; and DOES 1 SERVICES, INC.'S OPPOSITION TO THROUGH 10 PLAINTIFF'S MOTION TO COMPEL 17 CLEARVIEW'S COMPLIANCE WITH Defendant. THIS COURT'S DISCOVERY ORDER 18 DATED JULY 14, 2022 AND FOR MONETARY SANCTIONS 19 Hearing Date: December 13, 2022 20 Time: 8:30 A.M. Dept.: SM2 21 22 Action Filed: 6/8/21 Trial Date: 4/24/23 23 24 25 26 TO THE COURT, PLAINTIFF AND HIS ATTORNEYS OF RECORD: 27 PLEASE TAKE NOTICE THAT the Declaration of S. Joanna Dyriam in support of 28 Defendant, CLEARVIEW PROPERTY SERVICES, INC.'s ("Clearview") Opposition to Plaintiff’s 27112288.1:05819-0110 -1- NOTICE OF ERRATA 1 Motion to Compel Compliance with this Court's Discovery Order Dated July 14, 2022 and for 2 Monetary Sanctions, references as Exhibit A attached to the Declaration a true and correct copy of 3 Ms. Dyriam's November 29, 2022 email to Plaintiff's counsel that Clearview would produce the 4 unredacted prior contracts with the names and addresses of Clearview's clients subject to a proposed 5 stipulation as well as the proposed stipulation. While the November 29, 2022 email was included as 6 Exhibit A to the Declaration, the proposed stipulation attached to the email was inadvertently 7 excluded. Therefore, attached hereto is a complete copy of Exhibit A to Ms. Dyriam's Declaration. 8 9 10 DATED: December 22, 2022 WOOD, SMITH, HENNING & BERMAN LLP THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES 11 WOOD, SMITH, HENNING & BERMAN LLP TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249 12 2815 TOWNSGATE ROAD, SUITE 215 13 By: Attorneys at Law R. GREGORY AMUNDSON 14 SHEILA E. FIX 15 S. JOANNA DYRIAM Attorneys for Defendants, CLEARVIEW PROPERTY 16 SERVICES, INC. and CHRISTOPHER HULME 17 18 19 20 21 22 23 24 25 26 27 28 27112288.1:05819-0110 -2- NOTICE OF ERRATA EXHIBIT "A" Archived: Thursday, December 22, 2022 9:33:43 AM From: S. Joanna Dyriam Sent: Tuesday, November 29, 2022 10:34:40 AM To: Anderson, Jason Cc: Mason, Andrew B.; Sheila E. Fix; Greg Amundson; Milanowski, Kayla Subject: RE: Kopitnik (104827-0005); Correspondence re Demand to Produce Unredacted Documents Sensitivity: Normal Attachments: Kopitnik Stipulation and Proposed Protective Order re the 13 Projects.DOCX ; Jason, I’m not sure if Greg has already discussed this with you, but we will produce the unredacted prior contracts subject to the attached proposed stipulation and protective order. Please advise if you are amenable to the attached and will execute same. Thanks. S. Joanna Dyriam Senior Associate WOOD SMITH HENNING & BERMAN LLP A 2815 Townsgate Road, Suite 215, Thousand Oaks, CA 91361‑5827 D 820.333.4206 M 818.512.0206 E sdyriam@wshblaw.com W www.wshblaw.com Personal Bio ∙ Facebook ∙ LinkedIn ∙ Twitter From: Anderson, Jason Sent: Friday, November 11, 2022 7:56 AM To: S. Joanna Dyriam Cc: Mason, Andrew B. ; Sheila E. Fix ; Greg Amundson ; Milanowski, Kayla Subject: [EXTERNAL] Re: Kopitnik (104827-0005); Correspondence re Demand to Produce Unredacted Documents Joanna, You are already made this baseless argument in opposition to our original motion back in January before agreeing to the original stipulation and order in which you expressly agreed to provide this information. Your “position” is knowing and in direct violation of now two court orders. Regards, Jason Sent from my iPhone On Nov 11, 2022, at 5:46 AM, S. Joanna Dyriam wrote: Andrew, Our position is that the names and addresses of Clearview's prior clients should not be disclosed in discovery prior to notice to the third-party prior clients of the request for the release of their personal/contact information and the provision of an opportunity for them to object to the disclosure of such information. There is ample case law on point. See for example, Pioneer Electronics (USA), Inc. v. Superior Court (2007) 40 Cal.4th 360 (third-party contact information—name, address, and phone number—may appropriately be given to civil litigants when the third parties are given an opportunity to object to the disclosure of their contact information); and Cnty. of Los Angeles v. Superior Ct. (2021), 65 Cal. App. 5th 621, 636 (where third-party privacy interests are involved, the target of discovery has an affirmative duty to notify the third parties of the discovery request and give them an opportunity to appear and object). We intend to submit an unredacted copy of the prior contracts to the Court under seal next week for further consideration by the Court of objections, if any, by the third-party prior clients, prior to any disclosure of their personal information. S. Joanna Dyriam Senior Associate WOOD SMITH HENNING & BERMAN LLP A 2815 Townsgate Road, Suite 215, Thousand Oaks, CA 91361‑5827 D 820.333.4206 M 818.512.0206 E sdyriam@wshblaw.com W www.wshblaw.com Personal Bio ∙ Facebook ∙ LinkedIn ∙ Twitter From: Mason, Andrew B. Sent: Tuesday, November 8, 2022 2:34 PM To: S. Joanna Dyriam ; Sheila E. Fix ; Greg Amundson Cc: Anderson, Jason ; Milanowski, Kayla Subject: [EXTERNAL] RE: Kopitnik (104827-0005); Correspondence re Demand to Produce Unredacted Documents Joanna, Per our call just now, bumping our demand to produce unredacted documents per the July 14, 2022 Order up in your inboxes. I understand Greg is in trial and may not be available until Thursday afternoon to discuss. We plan on filing the motion EOD Friday to ensure we will have time to have the motion heard and conduct discovery based on this information before trial. Regards, Andrew Andrew B. Mason Associate amason@stradlinglaw.com Stradling Yocca Carlson & Rauth 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 D: 949 725 4273 stradlinglaw.com | LinkedIn CONFIDENTIALITY NOTICE This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately. Thank you. From: Mason, Andrew B. Sent: Thursday, October 13, 2022 10:15 AM To: S. Joanna Dyriam ; Sheila Fix (sfix@wshblaw.com) ; Greg Amundson Cc: Anderson, Jason ; Milanowski, Kayla Subject: FW: Kopitnik (104827-0005); Correspondence re Demand to Produce Unredacted Documents Dear Counsel, As you are aware, Dr. Kopitnik and Defendants entered into a stipulation on July 14, 2022 agreeing to mediate, and also agreeing that Defendants would produce unredacted versions of the documents referenced in paragraph 2 of the Stipulated Order regarding Plaintiff’s Motion to Compel Further Responses by Defendant Clearview Property Services Inc. to Kopitnik’s (1) First set of Requests for Production of Documents, (2) First Set of Special Interrogatories Nos. 1, 2, and 4, five days after the completion of the August 10, 2022 mediation date, should the matter not settle. Having not reached a resolution in mediation on August 10 or September 30, Plaintiff hereby demands that Defendant Clearview produce the unredacted versions of the contracts, change orders, and proposals identified in its response to Special Interrogatory No. 2 no later than by 5:00pm October 14, 2022 pursuant to the Court’s July 14, 2022 Order. Regards, Andrew Mason Kayla Milanowski Litigation Paralegal kmilanowski@stradlinglaw.com Stradling Yocca Carlson & Rauth 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 D: 949 737 4726 stradlinglaw.com | LinkedIn CONFIDENTIALITY NOTICE This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately. Thank you. WSHB CONFIDENTIALITY NOTICE: This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If you are not an intended recipient, use and disclosure of this message are prohibited. If you receive this transmission in error, please notify the sender by reply email and delete this message and any attachments. 1 R. Gregory Amundson (State Bar No. 79710) ramundson@wshblaw.com 2 Sheila E. Fix (State Bar No. 138613) sfix@wshblaw.com 3 S. Joanna Dyriam (State Bar No. 320995) sdyriam@wshblaw.com 4 WOOD, SMITH, HENNING & BERMAN LLP 505 North Brand Boulevard, Suite 1100 5 Glendale, California 91203 Phone: (818)551-6000 ♦ Fax: (818)551-6050 6 Attorneys for Defendants, CLEARVIEW 7 PROPERTY SERVICES, INC. and CHRISTOPHER HULME 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SANTA BARBARA, COOK DIVISION THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES 11 WOOD, SMITH, HENNING & BERMAN LLP TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249 12 THOMAS KOPITNIK, an individual, Case No. 21CV02266 2815 TOWNSGATE ROAD, SUITE 215 [Assigned for All Purposes to Judge James F. 13 Plaintiff, Rigali, Dept. 2] Attorneys at Law 14 v. STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS 15 CLEARVIEW PROPERTY SERVICES, INC. DESIGNATED AS CONFIDENTIAL a California Corporation; CHRISTOPHER 16 HULME, and individual; and DOES 1 Action Filed: 06/08/2021 THROUGH 10 Trial Date: 4/24/2023 17 Defendant. 18 19 20 21 22 23 IT IS HEREBY STIPULATED by and between Plaintiff Thomas Kopitnik and Defendants 24 and Clearview Property Services, Inc. and Christopher Hulme (hereinafter collectively "the 25 Parties"), by and through their respective counsel of record, that in order to facilitate the exchange 26 of information and documents which may be subject to confidentiality limitations on disclosure 27 due to federal laws, state laws, and privacy rights, the Parties stipulate as follows: 28 1. In this Stipulation and Protective Order, the words set forth below shall have the 26891735.1:05819-0110 -1- STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL 1 following meanings: 2 a. "Proceeding" means the above-entitled proceeding, Santa Barbara County 3 Superior Court Case No. 21CV02266. 4 b. "Court" means the Hon. James F. Rigali, or any other judge to which this 5 Proceeding may be assigned, including Court staff participating in such proceedings. 6 c. "Confidential" means any Documents, Testimony, or Information which is in 7 the possession of a Designating Party who believes in good faith that such Documents, Testimony, or 8 Information is entitled to confidential treatment under applicable law. 9 d. "Confidential Materials" means any Documents, Testimony, or 10 Information as defined below designated as "Confidential" pursuant to the provisions of this THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES 11 Stipulation and Protective Order. WOOD, SMITH, HENNING & BERMAN LLP TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249 12 e. "Designating Party" means the Party that designates Documents, 2815 TOWNSGATE ROAD, SUITE 215 13 Testimony, or Information, as defined below, as "Confidential." Attorneys at Law 14 f. "Disclose" or "Disclosed" or "Disclosure" means to reveal, divulge, give, 15 or make available Materials, or any part thereof, or any information contained therein. 16 g. "Documents" means (i) any "Writing," "Original," and "Duplicate" as 17 those terms are defined by California Evidence Code Sections 250, 255, and 260, which have 18 been produced in discovery in this Proceeding by any person or entity, and (ii) any copies, 19 reproductions, or summaries of all or any part of the foregoing. 20 h. "Information" means the content of Documents or Testimony. 21 i. "Testimony" means all depositions, declarations, or other testimony 22 taken or used in this Proceeding. 23 2. The entry of this Stipulation and Protective Order does not alter, waive, modify, or 24 abridge any right, privilege, or protection otherwise available to any Party with respect to the 25 discovery of matters, including but not limited to any Party's right to assert the attorney-client 26 privilege, the attorney work product doctrine, or other privileges, or any Party's right to contest 27 any such assertion. 28 26891735.1:05819-0110 -2- STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL 1 3. Any Documents, Testimony, or Information to be designated as "Confidential" 2 must be clearly so designated before the Document, Testimony, or Information is Disclosed or 3 produced. The "Confidential" designation should not obscure or interfere with the legibility of the 4 designated Information. 5 a. For Documents (apart from transcripts of depositions or other pretrial or 6 trial proceedings), the Designating Party must affix the legend "Confidential" on each page of 7 any Document containing such designated material. 8 b. For Testimony given in depositions the Designating Party may either: 9 i. identify on the record, before the close of the deposition, all 10 Confidential” Testimony, by specifying all portions of the Testimony that qualify as “Confidential;” THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES 11 or WOOD, SMITH, HENNING & BERMAN LLP TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249 12 ii. designate the entirety of the Testimony at the deposition 2815 TOWNSGATE ROAD, SUITE 215 13 as “Confidential” (before the deposition is concluded) with the right to identify more specific Attorneys at Law 14 portions of the Testimony as to which protection is sought within 30 days following receipt of the 15 deposition transcript. In circumstances where portions of the deposition Testimony are designated 16 for protection, the transcript pages containing "Confidential” Information may be separately bound 17 by the court reporter, who must affix to the top of each page the legend “Confidential,” as 18 instructed by the Designating Party. 19 4. The inadvertent production by any of the undersigned Parties or non-Parties to the 20 Proceedings of any Document, Testimony or Information during discovery in this Proceeding 21 without a “Confidential” designation, shall be without prejudice to any claim that such item is 22 “Confidential” and such Party shall not be held to have waived any rights by such inadvertent 23 production. In the event that any Document, Testimony or Information that is subject to a 24 “Confidential” designation is inadvertently produced without such designation, the Party that 25 inadvertently produced the document shall give written notice of such inadvertent production within 26 twenty (20) days of discovery of the inadvertent production, together with a further copy of the 27 subject Document, Testimony or Information designated as “Confidential” (the “Inadvertent 28 Production Notice”). Upon receipt of such Inadvertent Production Notice, the Party that received 26891735.1:05819-0110 -3- STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL 1 the inadvertently produced Document, Testimony or Information shall promptly destroy the 2 inadvertently produced Document, Testimony or Information and all copies thereof, or, at the 3 expense of the producing Party, return such together with all copies of such Document, Testimony 4 or Information to counsel for the producing Party and shall retain only the “Confidential” designated 5 Materials. Should the receiving Party choose to destroy such inadvertently produced Document, 6 Testimony or Information, the receiving Party shall notify the producing Party in writing of such 7 destruction within ten (10) days of receipt of written notice of the inadvertent production. This 8 provision is not intended to apply to any inadvertent production of any Information protected by 9 attorney-client or work product privileges. In the event that this provision conflicts with any 10 applicable law regarding waiver of confidentiality through the inadvertent production of THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES 11 Documents, Testimony or Information, such law shall govern. WOOD, SMITH, HENNING & BERMAN LLP TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249 12 5. In the event that counsel for a Party receiving Documents, Testimony or Information 2815 TOWNSGATE ROAD, SUITE 215 13 in discovery designated as “Confidential” objects to such designation with respect to any or all of Attorneys at Law 14 such items, said counsel shall advise counsel for the Designating Party, in writing, of such 15 objections, the specific Documents, Testimony or Information to which each objection pertains, and 16 the specific reasons and support for such objections (the “Designation Objections”). Counsel for 17 the Designating Party shall have thirty (30) days from receipt of the written Designation Objections 18 to either (a) agree in writing to de-designate Documents, Testimony or Information pursuant to any 19 or all of the Designation Objections and/or (b) file a motion with the Court seeking to uphold any 20 or all designations on Documents, Testimony or Information addressed by the Designation 21 Objections (the “Designation Motion”). Pending a resolution of the Designation Motion by the 22 Court, any and all existing designations on the Documents, Testimony or Information at issue in 23 such Motion shall remain in place. The Designating Party shall have the burden on any 24 Designation Motion of establishing the applicability of its “Confidential” designation. In the event 25 that the Designation Objections are neither timely agreed to nor timely addressed in the Designation 26 Motion, then such Documents, Testimony or Information shall be de-designated in accordance with 27 the Designation Objection applicable to such material. 28 6. Access to and/or Disclosure of Confidential Materials designated as “Confidential” 26891735.1:05819-0110 -4- STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL 1 shall be permitted only to the following persons: 2 a. the Court; 3 b. (1) Attorneys of record in the Proceedings and their affiliated attorneys, 4 paralegals, clerical and secretarial staff employed by such attorneys who are actively involved in 5 the Proceedings and are not employees of any Party. (2) In-house counsel to the undersigned Parties 6 and the paralegal, clerical and secretarial staff employed by such counsel. Provided, however, that 7 each non-lawyer given access to Confidential Materials shall be advised that such Materials are 8 being Disclosed pursuant to, and are subject to, the terms of this Stipulation and Protective Order 9 and that they may not be Disclosed other than pursuant to its terms; 10 c. those officers, directors, partners, members, employees and agents of all non- THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES 11 designating Parties that counsel for such Parties deems necessary to aid counsel in the prosecution WOOD, SMITH, HENNING & BERMAN LLP TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249 12 and defense of this Proceeding; provided, however, that prior to the Disclosure of Confidential 2815 TOWNSGATE ROAD, SUITE 215 13 Materials to any such officer, director, partner, member, employee or agent, counsel for the Party Attorneys at Law 14 making the Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, 15 shall explain that such person is bound to follow the terms of such Order, and shall secure the 16 signature of such person on a statement in the form attached hereto as Exhibit A; 17 d. court reporters in this Proceeding (whether at depositions, hearings, or any 18 other proceeding); 19 e. any deposition, trial or hearing witness in the Proceeding who previously has 20 had access to the Confidential Materials, or who is currently or was previously an officer, director, 21 partner, member, employee or agent of an entity that has had access to the Confidential Materials; 22 f. any deposition or non-trial hearing witness in the Proceeding who previously 23 did not have access to the Confidential Materials; provided, however, that each such witness given 24 access to Confidential Materials shall be advised that such Materials are being Disclosed pursuant 25 to, and are subject to, the terms of this Stipulation and Protective Order and that they may not be 26 Disclosed other than pursuant to its terms; 27 g. mock jury participants, provided, however, that prior to the Disclosure of 28 Confidential Materials to any such mock jury participant, counsel for the Party making the 26891735.1:05819-0110 -5- STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL 1 Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, shall explain 2 that such person is bound to follow the terms of such Order, and shall secure the signature of such 3 person on a statement in the form attached hereto as Exhibit A. 4 h. outside experts or expert consultants consulted by the undersigned Parties or 5 their counsel in connection with the Proceeding, whether or not retained to testify at any oral 6 hearing; provided, however, that prior to the Disclosure of Confidential Materials to any such expert 7 or expert consultant, counsel for the Party making the Disclosure shall deliver a copy of this 8 Stipulation and Protective Order to such person, shall explain its terms to such person, and shall 9 secure the signature of such person on a statement in the form attached hereto as Exhibit A. It shall 10 be the obligation of counsel, upon learning of any breach or threatened breach of this Stipulation THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES 11 and Protective Order by any such expert or expert consultant, to promptly notify counsel for the WOOD, SMITH, HENNING & BERMAN LLP TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249 12 Designating Party of such breach or threatened breach; and 2815 TOWNSGATE ROAD, SUITE 215 13 i. any other person that the Designating Party agrees to in writing. Attorneys at Law 14 7. Confidential Materials shall be used by the persons receiving them only for the 15 following purposes: 16 a. For the purposes of preparing for, conducting, participating in the conduct of, 17 and/or prosecuting and/or defending the Proceeding, and not for any business or other purpose 18 whatsoever. 19 8. Confidential information relating to Defendant Clearview Property Services, Inc.'s 20 contracts, including landscaping contracts, with prior clients shall be used by the persons receiving 21 them only in the following manner and/or for the following purposes: 22 a. Counsel for any Party to the Proceeding may not directly contact Defendant 23 Clearview Property Services, Inc.'s prior clients for any purpose. 24 b. Should Counsel for any Party to the Proceeding wish to contact Defendant 25 Clearview Property Services, Inc.'s prior clients in connection with the Proceeding, including but 26 not limited to deposition and/or trial testimony, such Party shall do so only pursuant to a subpoena 27 issued to and served on each prior client whose testimony is sought. 28 c. In the event Counsel for any Party to the Proceeding issues a subpoena to 26891735.1:05819-0110 -6- STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL 1 any prior client of Defendant Clearview Property Services, Inc., Counsel for the issuing Party to 2 the Proceeding may not contact Defendant Clearview Property Services, Inc.'s prior clients to 3 discuss any matters specific to the Proceeding, including, but not limited to, any claims or 4 allegations, theories of liability, damages alleged, and anticipated testimony at deposition and/or 5 trial. Further, Counsel for the issuing Party to the Proceeding may not discuss the scope of 6 Defendant Clearview Property Services, Inc.'s contract with each client, including the work 7 performed by Defendant Clearview Property Services, Inc. for the prior client, at any time 8 preceding the prior client's deposition and/or trial testimony. 9 9. Any Party to the Proceeding (or other person subject to the terms of this Stipulation 10 and Protective Order) may ask the Court, after appropriate notice to the other Parties to the THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES 11 Proceeding, to modify or grant relief from any provision of this Stipulation and Protective Order. WOOD, SMITH, HENNING & BERMAN LLP TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249 12 10. Entering into, agreeing to, and/or complying with the terms of this Stipulation and 2815 TOWNSGATE ROAD, SUITE 215 13 Protective Order shall not: Attorneys at Law 14 a. operate as an admission by any person that any particular Document, 15 Testimony or Information marked “Confidential” contains or reflects trade secrets, proprietary, 16 confidential or competitively sensitive business, commercial, financial or personal information; or 17 b. prejudice in any way the right of any Party (or any other person subject to the 18 terms of this Stipulation and Protective Order): 19 i. to seek a determination by the Court of whether any particular 20 Confidential Material should be subject to protection as “Confidential” under the terms of this 21 Stipulation and Protective Order; or 22 ii. to seek relief from the Court on appropriate notice to all other Parties 23 to the Proceeding from any provision(s) of this Stipulation and Protective Order, either generally or 24 as to any particular Document, Material or Information. 25 11. Any Party to the Proceeding who has not executed this Stipulation and Protective 26 Order as of the time it is presented to the Court for signature may thereafter become a Party to this 27 Stipulation and Protective Order by its counsel’s signing and dating a copy thereof and filing the 28 same with the Court, and serving copies of such signed and dated copy upon the other Parties to this 26891735.1:05819-0110 -7- STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL 1 Stipulation and Protective Order. 2 12. Any Information that may be produced by a non-Party witness in discovery in the 3 Proceeding pursuant to subpoena or otherwise may be designated by such non-Party as 4 “Confidential” under the terms of this Stipulation and Protective Order, and any such designation 5 by a non-Party shall have the same force and effect, and create the same duties and obligations, as 6 if made by one of the undersigned Parties hereto. Any such designation shall also function as a 7 consent by such producing Party to the authority of the Court in the Proceeding to resolve and 8 conclusively determine any motion or other application made by any person or Party with respect 9 to such designation, or any other matter otherwise arising under this Stipulation and Protective 10 Order. THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES 11 13. If any person subject to this Stipulation and Protective Order who has custody of any WOOD, SMITH, HENNING & BERMAN LLP TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249 12 Confidential Materials receives a subpoena or other process (“Subpoena”) from any government or 2815 TOWNSGATE ROAD, SUITE 215 13 other person or entity demanding production of Confidential Materials, the recipient of the Attorneys at Law 14 Subpoena shall promptly give notice of the same by electronic mail transmission, followed by either 15 express mail or overnight delivery to counsel of record for the Designating Party, and shall furnish 16 such counsel with a copy of the Subpoena. Upon receipt of this notice, the Designating Party may, 17 in its sole discretion and at its own cost, move to quash or limit the Subpoena, otherwise oppose 18 production of the Confidential Materials, and/or seek to obtain confidential treatment of such 19 Confidential Materials from the subpoenaing person or entity to the fullest extent available under 20 law. The recipient of the Subpoena may not produce any Documents, Testimony or Information 21 pursuant to the Subpoena prior to the date specified for production on the Subpoena. 22 14. Nothing in this Stipulation and Protective Order shall be construed to preclude either 23 Party from asserting in good faith that certain Confidential Materials require additional protection. 24 The Parties shall meet and confer to agree upon the terms of such additional protection. 25 15. If, after execution of this Stipulation and Protective Order, any Confidential 26 Materials submitted by a Designating Party under the terms of this Stipulation and Protective Order 27 is Disclosed by a non-Designating Party to any person other than in the manner authorized by this 28 Stipulation and Protective Order, the non-Designating Party responsible for the Disclosure shall 26891735.1:05819-0110 -8- STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL 1 bring all pertinent facts relating to the Disclosure of such Confidential Materials to the immediate 2 attention of the Designating Party. 3 16. This Stipulation and Protective Order is entered into without prejudice to the right of 4 any Party to knowingly waive the applicability of this Stipulation and Protective Order to any 5 Confidential Materials designated by that Party. If the Designating Party uses Confidential 6 Materials in a non-Confidential manner, then the Designating Party shall advise that the designation 7 no longer applies. 8 17. Where any Confidential Materials, or Information derived from Confidential 9 Materials, is included in any motion or other proceeding governed by California Rules of Court, 10 Rules 2.550 and 2.551, the party shall follow those rules. With respect to discovery motions or THOUSAND OAKS, CALIFORNIA 91361-5827, UNITED STATES 11 other proceedings not governed by California Rules of Court, Rules 2.550 and 2.551, the following WOOD, SMITH, HENNING & BERMAN LLP TELEPHONE (820) 333-4250 ♦ FAX (820) 333-4249 12 shall apply: If Confidential Materials or Information derived from Confidential Materials are 2815 TOWNSGATE ROAD, SUITE 215 13 submitted to or otherwise disclosed to the Court in connection with discovery motions and Attorneys at Law 14 proceedings, the same shall be separately filed under seal with the clerk of the Court in an envelope 15 marked: “CONFIDENTIAL – FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER 16 AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.” 17 18. The Parties shall meet and confer regarding the procedures for use of Confidential 18 Materials at trial and shall move the Court for entry of an appropriate order. 19 19. Nothing in this Stipulation and Protective Order shall affect the admissibility into 20 evidence of Confidential Materials, or abridge the rights of any person to seek judicial review or to 21 pursue other appropriate judicial action with respect to any ruling made by the Court concerning the 22 issue of the status of Protected Material. 23 20. This Stipulation and Protective Order shall continue to be binding after the 24 conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding, except 25 that a Party may seek the written permission of the Designating Party or may move the Court for 26 relief from the provisions of this Stipulation and Protective Order. To the extent permitted by law, 27 the Court shall retain jurisdiction to enforce, modify, or reconsider this Stipulation and Protective 28 Order, even after the Proceeding is terminated. 26891735.1:05819-0110 -9- STIPULATION AND PROTECTIVE ORDER REGARDING MATERIALS DESIGNATED AS CONFIDENTIAL 1 21. Upon written request made within thirty (30) days after the settlement or other 2 termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a) 3 promptly return to counsel for each Designating Party all Confidential Materials and all copies 4 thereof (except that counsel for each Party may maintain in its files, in continuing compliance with 5 the terms of this Stipulation and Protective Order, all work product, and one copy of each pleading 6 filed with the Court [and one copy of each deposition together with the exhibits marked at the 7 deposition)]*, (b) agree with counsel for the Designating Party upon appropriate methods and 8 certification of destruction or other disposition of such Confidential Materials, or (c) as to any 9 Documents, Testimony or other Information not addressed by sub-paragraphs (a) and (b), file a 10 motion seeking a