Preview
“NAR
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Sep-27-2018 3:52 pm
Case Number: CGC-18-563820
Filing Date: Sep-27-2018 3:51
Filed by: WILLIAM TRUPEK
Image: 06513757.
ORDER
ABRAHAM MASARWEH ET AL VS. DANIEL ONYIKE ET AL
- 001006513757
Instructions:
Please place this sheet on top of the document to be scanned.Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
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Soe ee ee
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San Franciseo County Superior Sourt
"SEP 27 2018
CLE OF ws COURT
BY:
‘Deputy Cle —
uly Clerf
SUPERIOR COURT OF CALIFORNIA.
COUNTY OF SAN FRANCISCO
ABRAHAM MASARWEHR, an individual; ) CASENO. CGC18563820
and JULIA JOSLYN, an individual, )
) ORDER ON STIPULATION
Plaintiffs, ) REGARDING THE PROTECTION
) OF CONFIDENTIAL AND TRADE
v. J SECRET INFORMATION
DANIEL ONYIKE, an individual; and DOES )
1 through 10, inclusive, }
Defendants. )
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CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECT! ION OF
CONFIDENTIAL AND TRADE SECRET INFORMATIONGordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Ce YN DH BF BW NY
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EXHIBIT “A”
CONFIDENTIALITY AGREEMENT DECLARATION
The undersigned declares and states as follows:
1. I have been asked to review certain materials or information that have been
designed as CONFIDENTIAL MATERIALS within the terms of a “Confidentiality Agreement,
Stipulation, and Protective Order” in the matter of Abraham Masarweh, et. al, v. Daniel Onike,
San Francisco County Superior Court Case No: CGC18563820.
2. As a prior condition to my being permitted to receive, see or review any
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CONFIDENTIAL MATERIALS, I have read the aforementioned Confidentiality Agreement, |
and J agree to be bound by its terms. . |
3. J understand that the Confidentiality Agreement is legally binding upon me. I
hereby agree to submit to the jurisdiction of the State of California Superior Court for the County
of Alameda, for enforcement of any claimed violation of any of the terms of the Confidentiality
Agreement. |
4. If J am an expert consultant, I shall produce a signed copy of this Exhibit “A” at
my deposition.
I declare under penalty of perjury under the laws of the State of California the foregoing
is true and correct.
Executed this day of 2018 at |
Print Name Here Sign Here
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CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF
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CONFIDENTIAL AND TRADE SECRET INFORMATIONGordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
1151945/39685769v.1
EXHIBIT “B”
List of Confidential Documents
The following documents/computer programs are designated as Proprietary and
Confidential pursuant to the Parties’ Protective Order:
1. 360Value Replacement Cost Valuation program and all related information;
2. Limits of Liability and Basis of Premium Endorsement, included in Arch
Insurance Company policy no. CAP0016497 10, and;
3. Farmers Agent Appointment Agreement.
Dated: August 27, 2018 GORDON & REES LLP
“2
~~ ~fy PCs
f By: a "
Dion Cominos
Laura G. Ryan
Attorneys for Defendant
DANIEL ONYIKE
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CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF
CONFIDENTIAL AND TRADE SECRET INFORMATION0 Oo TN DH BF Ww NY
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Modification
Provided that nothing in this order determines that any document marked “confidential”
qualifies for sealing under CRC 2.550 or relieves any party from following the procedure in
CRC 2.551.
ORDER
GOOD CAUSE APPEARING for this Protective Order, IT IS SO ORDERED.
patep:__q|as}8 Ly
HAROLD KAHN
Judge of the Superior Court
STIPULATION AND PROTECTIVE ORDERGordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
DION N. COMINOS (SBN: 136522) ELECTRONICALLY
dcominos@grsm.com FILED
LAURA.G. RYAN (SBN: 184363) Superior Court of California,
Iryan@grsm.com County of San Francisco
GORDON REES SCULLY MANSUKHANI, LLP 08/27/2018
San Francisco, CA 94111 BY:ERNALYN BURA
Telephone: (415) 986-5900 Deputy Clerk
Facsimile: (415) 986-8054
Attorneys for Defendant
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275 Battery Street, Suite 2000 Clerk of the Court — |
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DANIEL ONYIKE
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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
ABRAHAM MASARWEJH, an individual;
and JULIA JOSLYN, an individual,
CASE NO. CGC18563820
CONFIDENTIALITY AGREEMENT |
Plaintiffs, AND PROTECTIVE ORDER :
REGARDING THE PROTECTION |
v. OF CONFIDENTIAL AND TRADE ,
SECRET INFORMATION |
DANIEL ONYIKE, an individual; and DOES :
1 through 10, inclusive,
mmm
Defendants.
HEREBY STIPULATED AND AGREED by the undersigned counsel for the parties
that:
lL. This Confidentiality Agreement and Protective Order shall govern the production,
inspection, copying and disclosure of all confidential and trade secret information produced ih
this Action by Defendant Daniel Onyike. (“Onyike” or “Producing Party”) in response to
discovery requests propounded by any party to this case. The parties agree to provide such
confidential and trade secret information and documentation subject to the terms and conditions
set forth in this Confidentiality Agreement and Protective Order (“Protective Order”). The
confidential and trade secret information and documents disclosed and produced by the |
Producing Party shall be used solely for the purpose of this litigation and shall be produced and
disclosed pursuant to the terms of this Protective Order. The documents and information
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CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF
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disclosed hereunder shall not be used in any other proceedings or lawsuits, or for any other
purpose.
2. The Producing Party possesses and/or holds the right to certain confidential and
trade secret information which may be disclosed to the parties in this action through discovery, or
otherwise. The parties recognize that during the course of this litigation they may be requested
to produce or disclose certain documents, or to provide testimony containing confidential
proprietary, commercial and/or financial information. The parties desire to make sure that any,
such confidential and trade secret information shall not be used for any purpose other than this
lawsuit, shall not be made public by any party to this action, shall not be unnecessarily ascoga
in the course of these proceedings and shall not be otherwise disseminated by any party to thig
action except as set forth in this Protective Order. The parties to this action, through their
attorneys of records, represent that they have no intention to use such information for any
purpose beyond this action, and shall not do so. Accordingly, through their respective
undersigned counsel, the parties have stipulated pursuant to California Code of Civil Procedure,
Sections 2025.010 et. seq., that the Court enters the following Protective Order.
3. Producing Party contends that there are genuine trade secrets and privileges to be
protected in this case. Producing Party and Farmers Insurance Company have a cognizable |
interest in the confidential information and documents to be produced and such information, |
computer programs and documentation necessarily contains trade secrets, privileged information
and other confidential information protected by law from disclosure. Producing Party contends
that the disclosure of confidential and privileged information and trade secrets would necessarily
result in serious harm to the business Farmers Insurance Company and to the Producing Party,
4. “Trade secret information,” as defined herein, is to include any formula, design,
specification, or proprietary information relating to Farmers Insurance Company including such
information and tools provided for use by agents and or brokers authorize to place insurance
issued by Farmers Insurance Company and its affiliated insurance companies and the Farmei
Insurance Company business model, including, but not limited, to information regarding any
agency relationship and requirements, procedures, policies, operations, costs, prices, tools, |
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CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF
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CONFIDENTIAL AND TRADE SECRET INFORMATIONGordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
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computer programs, and finances, which gives that party an advantage over competitors who are
not in possession of the information.
5. “Confidential information” as used herein means any information that a party |
produces or discloses that would be considered intellectual property, private information,
competitive information, product design information, manufacturing information, marketing
information, “trade secret information” (as referred to in Paragraph 4 above), or information
containing proprietary matters essential to the business interests of that party, whether it be a
document, information revealed during a deposition, information revealed in an interrogatory|
answer, or otherwise disclosed during discovery. For the purposes of this Protective Order,
confidential information includes, but is not limited to, any document, writing, paper, email,
electronic record, computer program, reproduction, model, photograph, film, videotape, tangible
thing, transcript or oral testimony or recorded statement of counsel, whether printed or recorded
or reproduced by any other mechanical process, or written or produced by hand, and the content
of such document, writing, paper, thing, transcript or statement which that party designates as
“Confidential.” By way of example, and without limitation, confidential information may
inchide documents, papers, manuals, transcripts, answers to interrogatories, other responses to
discovery, summaries, notes, abstracts, drawings, computer programs, and instruments which!
comprise, embody, or summarize matters which the party considers confidential and desires dot
to be made public.
6. The Producing Party shall designate any documents which contains, “Trade
Secret” or “Confidential information” as “Confidential.” Said document shall be subject to the
provisions set forth herein. Whenever the Producing Party produces a document or thing
containing information it reasonably and in good faith believes to be confidential and which it
wishes to be subject to this Protective Order, it shall mark or designate the document or thing
“Confidential.” Where any document or thing is marked or designated “Confidential” upon 4 e
first page thereof, the entire document or thing shall be deemed to have been marked
“Confidential.”
7. Confidential Documents protected by the order will be specifically identified by
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CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF
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the Producing Party in the attached List of Confidential Documents (See Exhibit “B.”) The List
of Confidential Documents may be amended from time to time as needed during the course of
this litigation. The List of Confidential Documents, and all subsequent amendments, is hereby
incorporated by reference into this Protective Order as though set forth in full.
8. This Protective Order shall not apply to the following materials:
(a) Documents of public record:
(b) Documents filed as a public record with the clerk of any
federal or state court (not including exhibits or depositions
or discovery responses which, if within the conscripts of
this Protective Order, must be filed under seal and with
clear marking on the envelopes in which they are enclosed
that they are subject to this Protective Order);
(c) Documents filed with any federal or state agency, copies of
which are required by that agency to be freely available in
their entirety to the public; and,
(d) Documents or articles published in trade magazines or
other general circulation publications.
9. Documents and/or other materials produced by the Producing Party in response to
any discovery request which are designated “Confidential” shall not be disclosed to, discussed
with, or used in any way by anyone except:
(a) Parties and their attorneys of record to this action, including
attorneys in any law firm appearing of record in this action;
(b) Necessary employees of any law firm appearing of record
in this action, including paralegals and secretaries who are
actively engaged in the within litigation;
(c) Independent experts retained by any party for purposes of
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; assisting the parties and their attorneys in the preparation i
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‘ and presentation of the claims or defenses in this case; |
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CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF
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CONFIDENTIAL AND TRADE SECRET INFORMATIONGordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
(d) Any person or persons who prepared the particular
document produced;
(e) Any person or persons to whom copies of any documents
were addressed or delivered. including the parties to this
action; :
i "Judges and court reporters, or others present at trial,
motions and depositions held in this matter;
(g) Deponents, for whom the portions of a deposition
discussing the document will be themselves designated
confidential; and,
(h) Other persons who may be specifically designated by
consent of counsel for the parties or pursuant to Court
Order.
10. Prior to the disclosure of “Confidential” information, to any person identified in
Paragraph 9 (a) ~ (c), (e) and (g) hereof, such persons shall be furnished with a copy of this
Protective Order and shall agree in writing to be bound by its terms by executing Exhibit
“AP
11. Any material marked “Confidential” shall be used only for the prosecution and/or
defense of this action, or any appeal therefrom, and not for any other purpose except as agreed to
in writing by the party designating the matter confidential or if ordered by a Court upon proper
notice to the party who designated the matter Confidential.
12. Documents, materials or other information which are confidential and which are
so produced shall not be disclosed, or their contents in any way disseminated, to any person or
entity except investigator’, experts, and consultants which shal! occur only after the investigator
and/or consultant to whom disclosure is made has been provided with a copy of this Protecti fe
Order, has agreed to be bound by it, and has executed, subscribed and returned to counsel hiring
such person a duly executed copy of the “Confidentiality Agreement Declaration” attached |
hereto as Exhibit “A.” Any person identified as described in Paragraph 9 (a) — (c), (g) and (e)
5. |
CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF
CONFIDENTIAL AND TRADE SECRET INFORMATIONSan Francisco, CA 94111
Gordon & Rees LLP
275 Battery Street, Suite 2000
shall be required to execute a copy of the “Confidentiality Agreement Declaration,” attached
hereto as Exhibit “A.” The law firm securing the signature on Exhibit “A” shall keep the
original of such document. Excepted from this requirement are the law firms and parties
a
involved in this action, including their employees, the Court and court reporters engaged in thi
action.
13. The recipient of any “Confidential” information that is provided pursuant to this
Protective Order shall maintain such “Confidential” information in a secure and safe area
carefully delineated and designated “Confidential” and the recipient shall exercise due and
proper care with respect to the storage, custody and use of all “Confidential” information. In
addition, any summary or copy of any “Confidential” information shall be subject to the terms of
this Protective Order to the same extent as the information or document of which such eummury
or copy is made.
14. In the event any information or document subject to the confidentiality
restrictions of this Protective Order is contained within any pre-trial depositions, briefs, or other
documents filed with the Court, or is referred to in any hearing before the Court, such copy ot
reference shall be made under seal (or by means of any other procedure that the Court may
prescribe for preserving the confidentiality of items submitted into evidence), and shall be
designated “Confidential” unless otherwise agreed in writing or on the record by counsel for the
party designating the matter as confidential. The Clerk of this Court is directed to maintain
under seal all documents filed in this litigation which bear tliis legend.
15. At the time of trial, the Producing Party so desiring to seal the record shall have
the burden to obtain a ruling regarding sealing of the record under California Rules of Court,
Rule 2.551. Until a determination is made by the Court, confidential information shall be lodged
with the Court conditionally under seal. In any event, a party intending to introduce confidential
information must allow sufficient time for the parties to address the issue of preserving |
confidentiality with the Court. No “Confidential” information produced by the Producing Party
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is to be supplied to parties, counsel, or witnesses in any other litigation.
16. Should any party challenge or contest a document or other information designated
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CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF
CONFIDENTIAL AND TRADE SECRET INFORMATIONGordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
as “Confidential,” they shall have the right to apply to the Court (or discovery referee) by written
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motion to have such document or information no longer be designated as Confidential. Any |
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party may seek a court order to have a document or information de-designated and the |
Designating Party shall bear the burden of proof in showing that the designation attached to te
document is proper. Before making any such motion, the party seeking de-designation shall
meet and confer with counsel for the Producing Party who has designated the document or |
information “Confidential.”
17. The production of documents, things, or information for inspection, copying, or
client or work product privilege that might exist with respect to that or any other documents or
disclosure to any other party to this action shall not be deemed to waive any claim of attorney:
communications, written or oral, including, without limitation, other communications referred to
in any documents which may be produced.
vy
18. Within 30 days after receipt of written notice of the final conclusion of all
proceedings in this matter, whether by judgment and exhaustion of all appeals or by settlement,
all “Confidential” information furnished pursuant to the terms of this Protective Order in the
possession of the parties, their counsel, counsel for other parties, experts, consultants, or any
other person to whom such documents or information were disseminated, and any materials
recording and/or otherwise containing said “Confidential” information, shall be returned to |
counsel for the party producing them. All notes containing “Confidential” information, together
with all copies thereof, shall likewise be destroyed (and certified by affidavit as having been
destroyed by the attorney making the destruction) by the party or parties in possession thereof.
19. As to all documents designated as “Confidential” which counsel inspect, but do
not copy, the terms and conditions set for the herein with respect to the disclosure of
“Confidential” information shall apply with regard to the disclosure of any knowledge or
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information obtained from the documents reviewed by counsel.
20. All deposition testimony elicited in this matter regarding confidential documents
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or information shall be deemed “Confidential.” When a confidential matter is the subject of ;
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testimony in court or in a deposition, the parties shall instruct the reporter to transcribe said;
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CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF
CONFIDENTIAL AND TRADE SECRET INFORMATION |
iordon & Rees LLP
275 Battery Street, Suite 2000
G
San Francisco, CA 94111
portion of the testimony in a separate, confidential portion of the transcript. All confidential
documents marked as exhibits shall be attached to the confidential portion of the transcript.
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Those parts of the transcript pertaining to confidential matters shall be deemed “Confidential”,
and separately transcribed. |
21. Should any “Confidential” information be disclosed to any unauthorized persols
through inadvertence of a party or through, the act of omission of any person, the unauthorized
person:
(a) shall be informed promptly of the provisions of this Order
by the party who first learns of the disclosure, and upon
such notice shall be subject to the terms of this Order; ,
(b) shall be immediately identified to all other parties;
(c) shall be directed, if within the control of a party or
otherwise asked, to sign a copy of this Order and agree to
be bound by its terms. The person or entity whose
inadvertence caused the unauthorized disclosure shall be
responsible for securing the unauthorized person’s assent to
the Order and for all reasonable attomeys’ fees, costs and
expenses associated with enforcement of this Order. The
inadvertent, unintentional, or in camera disclosure of
Confidential information shall be not deemed a waiver, in |
whole or in part, of the designating party’s claim of
confidentiality. If a claim of inadvertent production is
made pursuant to this paragraph, the unauthorized person
receiving the Confidential Information shall promptly
return the Confidential Information to the producing party
and make no use of the Confidential Information for any
purpose.
22. All provisions of this Protective Order shall continue to be binding after the
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CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF
CONFIDENTIAL AND TRADE SECRET INFORMATIONGordon & Rees LLP
275 Battery Street, Suite 2000
0, CA 94111.
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conclusion of this action. The Court shall retain jurisdiction, even upon termination of this |
action, for purposes of enforcement of this Protective Order.
23. This Protective Order shal] not constitute a waiver of any party’s right to seck da
order compelling discovery or the right at any proceeding to present evidence, whether or not it
is confidential.
24. Any waiver under this stipulation and Protective Order must be made in writing
>
or, if at a deposition or in Court, on the record. Any waiver unless expressly made general, shal
be deemed limited to the specific purposes of the request or proceeding involved, and shall not
otherwise waive any of the protection provided by this stipulation and Protective Order.
25. Nothing herein shall be deemed to restrict in any manner the use by the partieslof
their own documents or materials.
26. The execution of this stipulation and Protective Order shall not operate as an
admission against or otherwise prejudice any contention of any party on any motion provided |for
herein or for any other purpose; this stipulation shall not be interpreted as a waiver of any party’s
rights to seek modification from the Court of any or all provisions of this Protective Order.
27. Counsel agree to be bound by the terms set forth herein with regard to any
Confidential Materials that have been produced before the Court signs this Stipulation and
Protective Order.
28. Any Party to the Proceeding (or other person subject to the terms of this
Stipulation and Protective Order) may ask the Court, after appropriate notice to the other Parties
to the Proceeding, to modify or grant relief from any provision of this Stipulation and Protective
Order.
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CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF
CONFIDENTIAL AND TRADE SECRET INFORMATIONGordon & Rees LLP
~ 275 Battery Street, Suite 2000
San Francisco, CA 94111
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29. This Protective Order may be executed in counterparts and by facsimile signature
and shall be effective as to all “Confidential” information produced by Producing Party. '
The undersigned hereby enter this Confidentiality Agreement and Protective Order and
consent to the form and entry of the within Protective Order. |
Dated: Gr4]10
PLAINTIFFS AB 14 MARSAWEH AND,
By:
Peter JSchujZ “~~
Attorngys for Plaintiffs ABRAHAM
MARSEWEH and JULIA JOSLYN
Dated: _8/27/2018 GORDON & REES LLP
we
fare e Deen
&
Dion Cominos
Laura Ryan
Attorneys for Defendant
DANIEL ONYIKE.
By:
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CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION‘OF
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CONFIDENTIAL AND TRADE SECRET INFORMATION
Preview
“NAR SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Sep-27-2018 3:52 pm Case Number: CGC-18-563820 Filing Date: Sep-27-2018 3:51 Filed by: WILLIAM TRUPEK Image: 06513757. ORDER ABRAHAM MASARWEH ET AL VS. DANIEL ONYIKE ET AL - 001006513757 Instructions: Please place this sheet on top of the document to be scanned.Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Co mw Nn DH FF Bw NY Soe ee ee Ane BN = 16 San Franciseo County Superior Sourt "SEP 27 2018 CLE OF ws COURT BY: ‘Deputy Cle — uly Clerf SUPERIOR COURT OF CALIFORNIA. COUNTY OF SAN FRANCISCO ABRAHAM MASARWEHR, an individual; ) CASENO. CGC18563820 and JULIA JOSLYN, an individual, ) ) ORDER ON STIPULATION Plaintiffs, ) REGARDING THE PROTECTION ) OF CONFIDENTIAL AND TRADE v. J SECRET INFORMATION DANIEL ONYIKE, an individual; and DOES ) 1 through 10, inclusive, } Defendants. ) -ll- CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECT! ION OF CONFIDENTIAL AND TRADE SECRET INFORMATIONGordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Ce YN DH BF BW NY eo 20 8 BOR FS 19 EXHIBIT “A” CONFIDENTIALITY AGREEMENT DECLARATION The undersigned declares and states as follows: 1. I have been asked to review certain materials or information that have been designed as CONFIDENTIAL MATERIALS within the terms of a “Confidentiality Agreement, Stipulation, and Protective Order” in the matter of Abraham Masarweh, et. al, v. Daniel Onike, San Francisco County Superior Court Case No: CGC18563820. 2. As a prior condition to my being permitted to receive, see or review any | i | CONFIDENTIAL MATERIALS, I have read the aforementioned Confidentiality Agreement, | and J agree to be bound by its terms. . | 3. J understand that the Confidentiality Agreement is legally binding upon me. I hereby agree to submit to the jurisdiction of the State of California Superior Court for the County of Alameda, for enforcement of any claimed violation of any of the terms of the Confidentiality Agreement. | 4. If J am an expert consultant, I shall produce a signed copy of this Exhibit “A” at my deposition. I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct. Executed this day of 2018 at | Print Name Here Sign Here | . -12- | CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF \ ' | CONFIDENTIAL AND TRADE SECRET INFORMATIONGordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 1151945/39685769v.1 EXHIBIT “B” List of Confidential Documents The following documents/computer programs are designated as Proprietary and Confidential pursuant to the Parties’ Protective Order: 1. 360Value Replacement Cost Valuation program and all related information; 2. Limits of Liability and Basis of Premium Endorsement, included in Arch Insurance Company policy no. CAP0016497 10, and; 3. Farmers Agent Appointment Agreement. Dated: August 27, 2018 GORDON & REES LLP “2 ~~ ~fy PCs f By: a " Dion Cominos Laura G. Ryan Attorneys for Defendant DANIEL ONYIKE 4 -13- CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF CONFIDENTIAL AND TRADE SECRET INFORMATION0 Oo TN DH BF Ww NY a a wom KI ADR GSH AS Modification Provided that nothing in this order determines that any document marked “confidential” qualifies for sealing under CRC 2.550 or relieves any party from following the procedure in CRC 2.551. ORDER GOOD CAUSE APPEARING for this Protective Order, IT IS SO ORDERED. patep:__q|as}8 Ly HAROLD KAHN Judge of the Superior Court STIPULATION AND PROTECTIVE ORDERGordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 DION N. COMINOS (SBN: 136522) ELECTRONICALLY dcominos@grsm.com FILED LAURA.G. RYAN (SBN: 184363) Superior Court of California, Iryan@grsm.com County of San Francisco GORDON REES SCULLY MANSUKHANI, LLP 08/27/2018 San Francisco, CA 94111 BY:ERNALYN BURA Telephone: (415) 986-5900 Deputy Clerk Facsimile: (415) 986-8054 Attorneys for Defendant 1 i 275 Battery Street, Suite 2000 Clerk of the Court — | | | i DANIEL ONYIKE { 1 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO ABRAHAM MASARWEJH, an individual; and JULIA JOSLYN, an individual, CASE NO. CGC18563820 CONFIDENTIALITY AGREEMENT | Plaintiffs, AND PROTECTIVE ORDER : REGARDING THE PROTECTION | v. OF CONFIDENTIAL AND TRADE , SECRET INFORMATION | DANIEL ONYIKE, an individual; and DOES : 1 through 10, inclusive, mmm Defendants. HEREBY STIPULATED AND AGREED by the undersigned counsel for the parties that: lL. This Confidentiality Agreement and Protective Order shall govern the production, inspection, copying and disclosure of all confidential and trade secret information produced ih this Action by Defendant Daniel Onyike. (“Onyike” or “Producing Party”) in response to discovery requests propounded by any party to this case. The parties agree to provide such confidential and trade secret information and documentation subject to the terms and conditions set forth in this Confidentiality Agreement and Protective Order (“Protective Order”). The confidential and trade secret information and documents disclosed and produced by the | Producing Party shall be used solely for the purpose of this litigation and shall be produced and disclosed pursuant to the terms of this Protective Order. The documents and information -1- CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF CONFIDENTIAL AND TRADE SECRET INFORMATION i Ba |Gordon & Rees LLP 2 s s a Z 3 a 3 2 Ba 5 3 a 1 gC a o a a v é z y 5 € ce 5 & a YQ Dw BF WON disclosed hereunder shall not be used in any other proceedings or lawsuits, or for any other purpose. 2. The Producing Party possesses and/or holds the right to certain confidential and trade secret information which may be disclosed to the parties in this action through discovery, or otherwise. The parties recognize that during the course of this litigation they may be requested to produce or disclose certain documents, or to provide testimony containing confidential proprietary, commercial and/or financial information. The parties desire to make sure that any, such confidential and trade secret information shall not be used for any purpose other than this lawsuit, shall not be made public by any party to this action, shall not be unnecessarily ascoga in the course of these proceedings and shall not be otherwise disseminated by any party to thig action except as set forth in this Protective Order. The parties to this action, through their attorneys of records, represent that they have no intention to use such information for any purpose beyond this action, and shall not do so. Accordingly, through their respective undersigned counsel, the parties have stipulated pursuant to California Code of Civil Procedure, Sections 2025.010 et. seq., that the Court enters the following Protective Order. 3. Producing Party contends that there are genuine trade secrets and privileges to be protected in this case. Producing Party and Farmers Insurance Company have a cognizable | interest in the confidential information and documents to be produced and such information, | computer programs and documentation necessarily contains trade secrets, privileged information and other confidential information protected by law from disclosure. Producing Party contends that the disclosure of confidential and privileged information and trade secrets would necessarily result in serious harm to the business Farmers Insurance Company and to the Producing Party, 4. “Trade secret information,” as defined herein, is to include any formula, design, specification, or proprietary information relating to Farmers Insurance Company including such information and tools provided for use by agents and or brokers authorize to place insurance issued by Farmers Insurance Company and its affiliated insurance companies and the Farmei Insurance Company business model, including, but not limited, to information regarding any agency relationship and requirements, procedures, policies, operations, costs, prices, tools, | | -2- ! CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF i I | | CONFIDENTIAL AND TRADE SECRET INFORMATIONGordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 C0 me ADH PB WN = NR oN NN Se Be Be Be Be ee we eH By =- S 6 ® QA DAA BR YD NH = 24 computer programs, and finances, which gives that party an advantage over competitors who are not in possession of the information. 5. “Confidential information” as used herein means any information that a party | produces or discloses that would be considered intellectual property, private information, competitive information, product design information, manufacturing information, marketing information, “trade secret information” (as referred to in Paragraph 4 above), or information containing proprietary matters essential to the business interests of that party, whether it be a document, information revealed during a deposition, information revealed in an interrogatory| answer, or otherwise disclosed during discovery. For the purposes of this Protective Order, confidential information includes, but is not limited to, any document, writing, paper, email, electronic record, computer program, reproduction, model, photograph, film, videotape, tangible thing, transcript or oral testimony or recorded statement of counsel, whether printed or recorded or reproduced by any other mechanical process, or written or produced by hand, and the content of such document, writing, paper, thing, transcript or statement which that party designates as “Confidential.” By way of example, and without limitation, confidential information may inchide documents, papers, manuals, transcripts, answers to interrogatories, other responses to discovery, summaries, notes, abstracts, drawings, computer programs, and instruments which! comprise, embody, or summarize matters which the party considers confidential and desires dot to be made public. 6. The Producing Party shall designate any documents which contains, “Trade Secret” or “Confidential information” as “Confidential.” Said document shall be subject to the provisions set forth herein. Whenever the Producing Party produces a document or thing containing information it reasonably and in good faith believes to be confidential and which it wishes to be subject to this Protective Order, it shall mark or designate the document or thing “Confidential.” Where any document or thing is marked or designated “Confidential” upon 4 e first page thereof, the entire document or thing shall be deemed to have been marked “Confidential.” 7. Confidential Documents protected by the order will be specifically identified by -3- CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF CONFIDENTIAL AND TRADE SECRET INFORMATION jGordon & Rees LLP 3 A ac 2 £3 ant #3 ¢ zs ag pe g& ge ae ag od 2 a | e @ | the Producing Party in the attached List of Confidential Documents (See Exhibit “B.”) The List of Confidential Documents may be amended from time to time as needed during the course of this litigation. The List of Confidential Documents, and all subsequent amendments, is hereby incorporated by reference into this Protective Order as though set forth in full. 8. This Protective Order shall not apply to the following materials: (a) Documents of public record: (b) Documents filed as a public record with the clerk of any federal or state court (not including exhibits or depositions or discovery responses which, if within the conscripts of this Protective Order, must be filed under seal and with clear marking on the envelopes in which they are enclosed that they are subject to this Protective Order); (c) Documents filed with any federal or state agency, copies of which are required by that agency to be freely available in their entirety to the public; and, (d) Documents or articles published in trade magazines or other general circulation publications. 9. Documents and/or other materials produced by the Producing Party in response to any discovery request which are designated “Confidential” shall not be disclosed to, discussed with, or used in any way by anyone except: (a) Parties and their attorneys of record to this action, including attorneys in any law firm appearing of record in this action; (b) Necessary employees of any law firm appearing of record in this action, including paralegals and secretaries who are actively engaged in the within litigation; (c) Independent experts retained by any party for purposes of i ; assisting the parties and their attorneys in the preparation i | ‘ and presentation of the claims or defenses in this case; | “4. | CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF { | CONFIDENTIAL AND TRADE SECRET INFORMATIONGordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 (d) Any person or persons who prepared the particular document produced; (e) Any person or persons to whom copies of any documents were addressed or delivered. including the parties to this action; : i "Judges and court reporters, or others present at trial, motions and depositions held in this matter; (g) Deponents, for whom the portions of a deposition discussing the document will be themselves designated confidential; and, (h) Other persons who may be specifically designated by consent of counsel for the parties or pursuant to Court Order. 10. Prior to the disclosure of “Confidential” information, to any person identified in Paragraph 9 (a) ~ (c), (e) and (g) hereof, such persons shall be furnished with a copy of this Protective Order and shall agree in writing to be bound by its terms by executing Exhibit “AP 11. Any material marked “Confidential” shall be used only for the prosecution and/or defense of this action, or any appeal therefrom, and not for any other purpose except as agreed to in writing by the party designating the matter confidential or if ordered by a Court upon proper notice to the party who designated the matter Confidential. 12. Documents, materials or other information which are confidential and which are so produced shall not be disclosed, or their contents in any way disseminated, to any person or entity except investigator’, experts, and consultants which shal! occur only after the investigator and/or consultant to whom disclosure is made has been provided with a copy of this Protecti fe Order, has agreed to be bound by it, and has executed, subscribed and returned to counsel hiring such person a duly executed copy of the “Confidentiality Agreement Declaration” attached | hereto as Exhibit “A.” Any person identified as described in Paragraph 9 (a) — (c), (g) and (e) 5. | CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF CONFIDENTIAL AND TRADE SECRET INFORMATIONSan Francisco, CA 94111 Gordon & Rees LLP 275 Battery Street, Suite 2000 shall be required to execute a copy of the “Confidentiality Agreement Declaration,” attached hereto as Exhibit “A.” The law firm securing the signature on Exhibit “A” shall keep the original of such document. Excepted from this requirement are the law firms and parties a involved in this action, including their employees, the Court and court reporters engaged in thi action. 13. The recipient of any “Confidential” information that is provided pursuant to this Protective Order shall maintain such “Confidential” information in a secure and safe area carefully delineated and designated “Confidential” and the recipient shall exercise due and proper care with respect to the storage, custody and use of all “Confidential” information. In addition, any summary or copy of any “Confidential” information shall be subject to the terms of this Protective Order to the same extent as the information or document of which such eummury or copy is made. 14. In the event any information or document subject to the confidentiality restrictions of this Protective Order is contained within any pre-trial depositions, briefs, or other documents filed with the Court, or is referred to in any hearing before the Court, such copy ot reference shall be made under seal (or by means of any other procedure that the Court may prescribe for preserving the confidentiality of items submitted into evidence), and shall be designated “Confidential” unless otherwise agreed in writing or on the record by counsel for the party designating the matter as confidential. The Clerk of this Court is directed to maintain under seal all documents filed in this litigation which bear tliis legend. 15. At the time of trial, the Producing Party so desiring to seal the record shall have the burden to obtain a ruling regarding sealing of the record under California Rules of Court, Rule 2.551. Until a determination is made by the Court, confidential information shall be lodged with the Court conditionally under seal. In any event, a party intending to introduce confidential information must allow sufficient time for the parties to address the issue of preserving | confidentiality with the Court. No “Confidential” information produced by the Producing Party i is to be supplied to parties, counsel, or witnesses in any other litigation. 16. Should any party challenge or contest a document or other information designated -6- CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF CONFIDENTIAL AND TRADE SECRET INFORMATIONGordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 as “Confidential,” they shall have the right to apply to the Court (or discovery referee) by written i motion to have such document or information no longer be designated as Confidential. Any | i party may seek a court order to have a document or information de-designated and the | Designating Party shall bear the burden of proof in showing that the designation attached to te document is proper. Before making any such motion, the party seeking de-designation shall meet and confer with counsel for the Producing Party who has designated the document or | information “Confidential.” 17. The production of documents, things, or information for inspection, copying, or client or work product privilege that might exist with respect to that or any other documents or disclosure to any other party to this action shall not be deemed to waive any claim of attorney: communications, written or oral, including, without limitation, other communications referred to in any documents which may be produced. vy 18. Within 30 days after receipt of written notice of the final conclusion of all proceedings in this matter, whether by judgment and exhaustion of all appeals or by settlement, all “Confidential” information furnished pursuant to the terms of this Protective Order in the possession of the parties, their counsel, counsel for other parties, experts, consultants, or any other person to whom such documents or information were disseminated, and any materials recording and/or otherwise containing said “Confidential” information, shall be returned to | counsel for the party producing them. All notes containing “Confidential” information, together with all copies thereof, shall likewise be destroyed (and certified by affidavit as having been destroyed by the attorney making the destruction) by the party or parties in possession thereof. 19. As to all documents designated as “Confidential” which counsel inspect, but do not copy, the terms and conditions set for the herein with respect to the disclosure of “Confidential” information shall apply with regard to the disclosure of any knowledge or | | information obtained from the documents reviewed by counsel. 20. All deposition testimony elicited in this matter regarding confidential documents i or information shall be deemed “Confidential.” When a confidential matter is the subject of ; 1 testimony in court or in a deposition, the parties shall instruct the reporter to transcribe said; “1. CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF CONFIDENTIAL AND TRADE SECRET INFORMATION | iordon & Rees LLP 275 Battery Street, Suite 2000 G San Francisco, CA 94111 portion of the testimony in a separate, confidential portion of the transcript. All confidential documents marked as exhibits shall be attached to the confidential portion of the transcript. | - | Those parts of the transcript pertaining to confidential matters shall be deemed “Confidential”, and separately transcribed. | 21. Should any “Confidential” information be disclosed to any unauthorized persols through inadvertence of a party or through, the act of omission of any person, the unauthorized person: (a) shall be informed promptly of the provisions of this Order by the party who first learns of the disclosure, and upon such notice shall be subject to the terms of this Order; , (b) shall be immediately identified to all other parties; (c) shall be directed, if within the control of a party or otherwise asked, to sign a copy of this Order and agree to be bound by its terms. The person or entity whose inadvertence caused the unauthorized disclosure shall be responsible for securing the unauthorized person’s assent to the Order and for all reasonable attomeys’ fees, costs and expenses associated with enforcement of this Order. The inadvertent, unintentional, or in camera disclosure of Confidential information shall be not deemed a waiver, in | whole or in part, of the designating party’s claim of confidentiality. If a claim of inadvertent production is made pursuant to this paragraph, the unauthorized person receiving the Confidential Information shall promptly return the Confidential Information to the producing party and make no use of the Confidential Information for any purpose. 22. All provisions of this Protective Order shall continue to be binding after the -8- CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF CONFIDENTIAL AND TRADE SECRET INFORMATIONGordon & Rees LLP 275 Battery Street, Suite 2000 0, CA 94111. 1 | I I { conclusion of this action. The Court shall retain jurisdiction, even upon termination of this | action, for purposes of enforcement of this Protective Order. 23. This Protective Order shal] not constitute a waiver of any party’s right to seck da order compelling discovery or the right at any proceeding to present evidence, whether or not it is confidential. 24. Any waiver under this stipulation and Protective Order must be made in writing > or, if at a deposition or in Court, on the record. Any waiver unless expressly made general, shal be deemed limited to the specific purposes of the request or proceeding involved, and shall not otherwise waive any of the protection provided by this stipulation and Protective Order. 25. Nothing herein shall be deemed to restrict in any manner the use by the partieslof their own documents or materials. 26. The execution of this stipulation and Protective Order shall not operate as an admission against or otherwise prejudice any contention of any party on any motion provided |for herein or for any other purpose; this stipulation shall not be interpreted as a waiver of any party’s rights to seek modification from the Court of any or all provisions of this Protective Order. 27. Counsel agree to be bound by the terms set forth herein with regard to any Confidential Materials that have been produced before the Court signs this Stipulation and Protective Order. 28. Any Party to the Proceeding (or other person subject to the terms of this Stipulation and Protective Order) may ask the Court, after appropriate notice to the other Parties to the Proceeding, to modify or grant relief from any provision of this Stipulation and Protective Order. i -9- | CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION OF CONFIDENTIAL AND TRADE SECRET INFORMATIONGordon & Rees LLP ~ 275 Battery Street, Suite 2000 San Francisco, CA 94111 a | | ' @ @ | i | ' i ' 29. This Protective Order may be executed in counterparts and by facsimile signature and shall be effective as to all “Confidential” information produced by Producing Party. ' The undersigned hereby enter this Confidentiality Agreement and Protective Order and consent to the form and entry of the within Protective Order. | Dated: Gr4]10 PLAINTIFFS AB 14 MARSAWEH AND, By: Peter JSchujZ “~~ Attorngys for Plaintiffs ABRAHAM MARSEWEH and JULIA JOSLYN Dated: _8/27/2018 GORDON & REES LLP we fare e Deen & Dion Cominos Laura Ryan Attorneys for Defendant DANIEL ONYIKE. By: | -10- | CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE PROTECTION‘OF | | t 1 CONFIDENTIAL AND TRADE SECRET INFORMATION