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Thornton Davidson #166487
THORNTON DAVIDSON, P.C.
1195 W. Shaw Ave., Suite A
Fresno, California 93711
Tel: (559) 476-5064
Fax: (559) 421-0368
E-mail: thornton@thorntondavidsonlaw.com
Pamela D. Simmons #160523
LAW OFFICE OF SIMMONS & PURDY
2425 Porter Street, Suite 10
Soquel, California 95073
Tel: (831) 464-6884
Fax: (831) 464-6885
E-mail: pamela@pamelaw.com
10 Attorneys for Plaintiff JASON NEEL
ll
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE col UNTY OF SANTA CRUZ
13 Hk
14 JASON NEEL, Case No.: 22CV01758
15 Plaintiff,
Vv. STIPULATED PROTECTIVE
16 ORDER; PROPOSED ORDER
SUPERIOR LOAN SERVICING; ASSET
17 DEFAULT MANAGEMENT, INC.; UNITED
STATES REAL ESTATE CORPORATION;
18 CNA EQUITIES GROUP, LLC;
19 AND RUSHMYFILE, BUSINESS
ENTITY FORM UNKNOWN, and
20 VIGIL REAL ESTATE, BUSINESS ENTITY
FORM UNKNOWN, and DOES | to 50,
21
inclusive,
22 Defendants.
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24 L
25 RECITALS
26 Plaintiff JASON NEEL (“Plaintiff”), through his Guardian ad Litem Brandi Jones, by and
27 Defendants UNITED STATES REAL ESTATE CORPORATION; CNA EQUITIES GROUP,
28 LLC; AND RUSHMYFILE, BUSINESS ENTITY FORM UNKNOWN (“Defendants”)
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STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
20140181. NATO ACRANAVE (9097-Neol SP.TDY
AND RUSHMYFILE, BUSINESS ENTITY FORM UNKNOWN (“Defendants”) (individually,
including Plaintiff, as “Party”; collectively as “Parties”), through their respective counsel of
record, have agreed that the Psychiatric Report of George Woods, M.D. (the “Report”),
addressing Plaintiff’s past and present mental state is of a sensitive, private, and confidential
nature. It is not being produced as part of an Expert Witness Disclosure as Plaintiff has made no
such disclosure and Dr. Woods is at present only serving in the capacity of an examining
consultant. Plaintiff reserves the right not to designate Dr. Woods as an expert witness and to
retain a different psychiatrist or other mental health professional at the time designation of experts
is required. Therefore, unless otherwise advised by Plaintiff’s counsel, the Report may be revised
or disregarded at some time in the future.
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THEREFORE, the Parties hereby stipulate to and submit the following proposed Stipulated
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Protective Order pursuant to Code of Civil Procedure section 2031.060(b) and request an Order
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from the Court regarding the same.
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IL
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STIPULATED PROTECTIVE ORDER
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1 Scope
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Disclosure and discovery in the above-captioned action are likely to involve production of
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confidential, or private information which may include information in the nature of, but not limited
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to, sensitive medical and personal information or other information for which special protection
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from public disclosure and from use for any purpose other than litigating this action may be
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warranted. Accordingly, the Parties hereby stipulate to and petition the Court to approve the
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following Stipulated Protective Order.
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The Parties acknowledge that this Stipulated Protective Order does not confer blanket
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protections on all disclosures or responses to discovery and that the protection it affords from public
24 disclosure and use extends only to the limited information or items that are entitled to confidential
25 treatment under this Stipulated Protective Order and applicable law.
26 The entry of this Stipulated Protective Order does not alter, waive, modify, or abridge any
27 right, privilege or protection otherwise available to any Party with respect to the discovery of
28 matters, including but not limited to any Party’s right to assert the attorney-client privilege, the
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STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
attorney work product doctrine, or other privileges, or any Party’s right to contest any such
assertion.
Any Party to the above-captioned action or person subject to the terms of this Stipulated
Protective Order who has not executed this Stipulated Protective Order as of the time itis presented
to the Court for signature and order may thereafter become subject to its terms by either (i) its
counsel’s execution of a copy thereof, filing the same with the Court, and serving copies of such
signed and dated copy upon the other Parties to this Stipulated Protective Order; or (ii) execution
of the document entitled “ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY
STIPULATED PROTECTIVE ORDER” attached hereto as Exhibit A.
10 2. Definitions
il As used herein:
12 a. “Confidential Information” shall mean all information (regardless of how
13 generated, stored, or maintained), writings as defined by Evidence Code section 250, material,
14 tangible things, or testimony which a Designating Party or Producing Party reasonably believes in
15 good faith is entitled to confidential treatment under applicable law as private medical or personal
16 or other information that is not shared with the public in the ordinary course of business, the
17 disclosure of which may cause harm or would otherwise be detrimental to the conduct of the
18 Designating Party’s or Producing Party’s person or reputation, including, but not limited to other
19 information the disclosure of which the Producing Party or Designating Party reasonably and in
20 good faith considers to be valuable because of its medical and personal nature.
21 b “Producing Party” shall mean any Party to this action or any non-party to
22 this action producing Confidential Information in connection with depositions, document
23 production or otherwise, or the party asserting the confidentiality privilege, as the case may be.
24 C, “Receiving Party” shall mean any Party to this action or any non-party to
25 this action receiving Confidential Information in connection with depositions, document production
26 or otherwise in this action.
27 d “Designating Party” shall mean any Party to this action or any Producing
28 Party that designated the Confidential Information as “confidential” by notation on the document,
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STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
statement on the record of the deposition, written advice to the respective undersigned counsel for
the Parties hereto if the Confidential Information is not reduced to documentary, tangible, or
physical form, if the Confidential Information cannot conveniently be so designated, or consistent
with the terms of this Stipulated Protective Order, or by other appropriate means,
3 Designation of Confidential Information
All information, writings as defined by Evidence Code section 250, including Dr. Woods’
Report, designated as “Confidential” must be clearly so designated before the Confidential
Information is disclosed or produced. The “Confidential” designation should not obscure or
interfere with the legibility of the designated Information.
10 4 Non-Party Designation of Confidential Informatio
11 Any Confidential Information that may be produced by a non-party in the above-captioned
12 action pursuant to subpoena or otherwise may be designated by such non-party as “Confidential”
13 under the terms of this Stipulated Protective Order, and any such designation by a non-party shall
14 have the same force and effect, and create the same duties and obligations, as if made by one of the
15 undersigned Parties hereto. Any such designation shall also function as a consent by such Producing
16 Party to the authority of the above-captioned Court to resolve and conclusively determine any
17 motion or other application made by the Producing Party or any Party with respect to such
18 designation, or any other matter otherwise arising under this Stipulated Protective Order.
19 5. Objection to Designation of Confidential Information
20 In the event that counsel for a Receiving Party receiving information designated as
21 “Confidential” objects to such designation with respect to any or all of such items, said counsel
22 shall advise counsel for the Designating Party, in writing, of such objections, the specific writings,
23 testimony, or information to which each objection pertains, and the specific reasons and support
24 for such objections (the “Designation Objections”). Counsel for the Designating Party shall have
25 thirty (30) days from receipt of the written Designation Objections to either (i) agree in writing to
26 de-designate writings, testimony, or information pursuant to any or all of the Designation
27 Objections, or (ii) file a motion with the Court seeking to uphold any or all designations on writings,
28 testimony, or information addressed by the Designation Objections (the “Designation Motion”).
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STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Pending a resolution of the Designation Motion by the Court, any and all existing designations on
the writings, testimony, or information at issue in such motion shall remain in place.
6 Access to and Disclosure of Confidential Information
Access to and disclosure of Confidential Information shall be permitted only to the
following persons and entities identified in subsections 5.a. through h. below only after said persons
have signed the document entitled “ACKNOWLEDGMENT AND AGREEMENT TO BE
BOUND BY STIPULATED PROTECTIVE ORDER” attached hereto as Exhibit A (the
“Acknowledgment”), except no such Acknowledgment shall be required for those persons and
entities identified in subsections 5.a. and b.(1) and (2):
10 a. the Court and its staff, including court reporters employed by the Court;
1 b (1) Attorneys of record in the above-captioned action and their affiliated
12 attorneys, paralegals, clerical and secretarial staff employed by such attorneys, who are actively
13 involved in this actions and are not employees of any Party; and
14 @ In-house counsel to the undersigned Parties, except for those who are
15 competitive decision-makers of a Party, and the paralegal, clerical and secretarial staff employed
16 by such counsel;
17 Cc, those officers, directors, partners, members, employees except for those
18 persons identified in subsection 5.b.(2), and agents of all non-designating Parties that counsel for
19 such Parties deems necessary to aid counsel in the prosecution and defense of this action;
20 d. court reporters in this action (whether at depositions, hearings, or any other
21 proceeding) except for those court reporters employed by the Court as set forth in subsection 5.a.,
22 any independent litigation support services, including persons working for or as graphics or design
23 services, jury or trial consulting services, and photocopy, document imaging, and database services
24 retained by the Parties in this action;
25 €. any deposition, trial, or hearing witness in this action who previously had
26 access to the Confidential Information, or who is currently or was previously an officer, director,
27 partner, member, employee or agent of an entity that had access to the Confidential Information;
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STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
and any deposition or non-trial hearing witness in the this action who previously did not have access
to the Confidential Information;
f. mock jury participants;
g outside experts or expert consultants consulted by the undersigned Parties or
their counsel in connection with this action, whether or not retained to testify at any oral hearing;
and
h. any other person that the Designating Party agrees to in writing.
7. Permitted Use of Confidential Information
Confidential Information shall be used by the persons receiving them only for the purposes
10 of preparing for, conducting, participating in the conduct of, prosecuting, and defending the above-
11 captioned action, and not for any business or other purpose whatsoever. It shall be the obligation
12 of counsel, upon learning of any breach or threatened breach of this Stipulated Protective Order, to
13 promptly notify the Designating Party or counsel for the Designating Party, as applicable, of any
14 such breach or threatened breach.
15 8. Rights Contemporaneous with This Stipulated Protective Orde
16 Entering into, agreeing to, and complying with the terms of this Stipulated Protective Order
17 shall not:
18 a operate as an admission by any Party or person subject to the terms of this
19 Stipulated Protective Order that any particular writing, testimony, or information marked
20 “Confidential” contains or reflects confidential, personal, or medically sensitive information;
21 b affect the admissibility into evidence of Confidential Information;
22 Cc. prejudice in any way the right of any Party or any person subject to the terms
23 of this Stipulated Protective Order:
24 L to seek a determination by the Court of whether any particular
25 Confidential Information should be subject to protection as “Confidential” under the terms of this
26 Stipulated Protective Order; or
27 ii. to seek relief from the Court on appropriate notice to all other Parties
28 to the above-captioned action from any provision of this Stipulated Protective Order, either
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STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
generally or as to any particular writing, testimony, or information, or otherwise request a
modification or dissolution of this Stipulated Protective Order;
d. abridge the rights of any Party or person subject to the terms of this
Stipulated Protective Order to seek judicial review or to pursue other appropriate judicial action
with respect to any ruling made by the Court concerning the Confidential Information; or
e. Constitute a designation by Plaintiff of Dr. Woods or his Report in the
context of the designation of an Expert Witness or an Expert Witness Report.
9 Notice of Filing Confidential Information
Where any Confidential Information, or information derived from Confidential
10 Information, is included in (i) any motion or other proceeding governed by California Rules of
il Court, Rules 2.550 and 2.551, the moving party shall follow those rules. With respect to discovery
12 motions or other proceedings not governed by California Rules of Court, Rules 2.550 and 2.551,
13 the following shall apply: If Confidential Information or information derived from Confidential
14 Information is submitted to or otherwise disclosed to the Court in connection with discovery
15 motions and proceedings, the same shall be separately filed under seal with the clerk of the Court
16 in an envelope marked: “CONFIDENITAL - FILED UNDER SEAL PURSUANT TO
17 PROTECTIVE ORDER AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.”
18 10. Inadvertent Disclosure of Confidential Information The inadvertent
19 disclosure or production by any of the undersigned Parties or non-Parties to the Proceedings of any
20 Document, Testimony or Information during discovery in this action without a “Confidential”
21 designation, shall be without prejudice to any claim that such item is “Confidential” and such Party
22 shall not be held to have waived any rights, including the right to confidential treatment, by such
23 inadvertent disclosure or production. In the event that any writing, testimony, or information that
24 is subject to a “Confidential” designation is inadvertently disclosed or produced without such
25 designation, the Party that inadvertently disclosed or produced the document shall give written
26 notice of such inadvertent disclosure or production within twenty (20) days of discovery of the
27 inadvertent disclosure or production, together with a further copy of the subject writing, testimony,
28 or information designated as “Confidential” (the “Notice of Inadvertent Production”).
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STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Upon receipt of such Notice of Inadvertent Production, the Party that received the
inadvertently disclosed or produced writing, testimony, or information shall either (i) promptly
destroy the inadvertently disclosed or produced writing, testimony, or information and all copies
thereof; or, in the alternative, (ii) at the expense of the Producing Party, return such inadvertently
disclosed or produced writing, testimony, or information together with all copies of the same to
counsel for the Producing Party. Should the Receiving Party choose to destroy such inadvertently
disclosed or produced writing, testimony, or information, the Receiving Party shall notify the
Producing Party in writing of such destruction within ten (10) days of receipt of the Notice of
Inadvertent Production.
10 In the event that this provision conflicts with any applicable law regarding waiver of
11 confidentiality through the inadvertent disclosure or production of writing, testimony, or
12 information, such law shall govern.
13 ll. Disclosure of Confidential Information Pursuant to Subpoena or Court Orde
14 If any person subject to this Stipulated Protective Order, who has custody of any
15 Confidential Information, receives a subpoena, court order, or other process from any government
16 or other person or entity demanding production of Confidential Information, the recipient of the
17 subpoena, court order, or other process shall promptly give notice of the same by electronic mail
18 transmission, followed by either express mail or overnight delivery to counsel of record for the
19 Designating Party, and shall furnish such counsel with a copy of the subpoena, court order, or other
20 process,
21 Upon receipt of this notice, the Designating Party may, in its sole discretion and at its own
22 cost, move to quash or limit the subpoena, otherwise oppose production of the Confidential
23 Information, and seek to obtain confidential treatment of such Confidential Information from the
24 subpoenaing or requesting person or entity to the fullest extent available under law. The recipient
25 of the subpoena, court order, or other process may not disclose or produce any writing, testimony,
26 or information pursuant to the subpoena, court order, or other process prior to the date specified for
27 production.
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STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
12. Continuing Obligations Regarding Confidential Information Upo
Termination of Action
This Stipulated Protective Order shall continue to be binding upon (i) the Parties and their
attorneys, successors, executors, personal representatives, administrators, heirs, legal
representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, or
other persons or organizations over which they have control, and (ii) all signatories to the
Acknowledgment attached hereto as Exhibit A, after the settlement or termination of this action,
except that there shall be no restriction on a Party or person subject to the terms of this Stipulated
Protective Order to seek relief or further adjudication from the Court as set forth in sections 8.b.
10 and d. hereinabove.
11 The Parties and all signatories to the Acknowledgment agree that the Court retains and shall
12 have continuing jurisdiction over the Parties and signatories to the Acknowledgment for |
13 enforcement of the provisions of this Stipulated Protective Order following termination of this
14 action.
15 13. Disposition of Confidential Information Upon Termination of Action
16 Upon written request made within thirty (30) days of termination of this action, including
17 any settlement and appeals, all Confidential Information, including all copies, duplicates, abstracts,
18 indexes, summaries, descriptions, and excerpts or extracts thereof (excluding excerpts or extracts
19 incorporated into any privileged memoranda of the Parties and materials which have been admitted
20 into evidence in this action), shall, within thirty (30) days of receipt of the written request and at
21 the Producing Party’s election, either be returned to the Producing Party at the Producing Party’s
22 cost or be destroyed. If requested by the Producing Party, the Receiving Party shall verify in writing
23 the return or destruction of Confidential Information to the Producing Party.
24 Notwithstanding the foregoing, counsel for the Parties shall be entitled to maintain copies
25 of all correspondence, emails, pleadings, motions, and trial briefs (including all supporting and
26 opposing papers and exhibits thereto), written discovery requests and responses (and exhibits
27 thereto), deposition transcripts (and exhibits thereto), trial transcripts, and exhibits offered or
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STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
introduced into evidence at any hearing or trial, and their attorney work product that refers or is
related to any Confidential Information for archival purposes only.
Dated: July 2_, 2023 THORNTON DAVIDSON, P.C.
TH SO.
Attorneys for P| (ASON NEEL by and
through his Guardian Ad Litem Brandi Jones
Dated: July 2_, 2023 STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP
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i Edward Egan Smith
Attorneys for Defendant UNITED STATES
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REAL ESTATE CORPORATION
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Dated: August 2, 2023 GERACI LAW FIRM AND CONFERENCES
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Jacoby, eZ
16 Attor 's for Defendant UNITED STATES
REAL ESTATE CORPORATION
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Dated: July 2_, 2023 MICHAEL BEUSELINCK, P.C.
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Michael Beuselinck
21 Attorneys for Defendant CAN EQUITY
GROUP, LLC
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STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
introduced into evidence at any hearing or trial, and their attorney work product that refers or is
related to any Confidential Information for archival purposes only.
Dated: July 2_, 2023 THORNTON DAVIDSON, P.C.
THORNTON DAVIDSON
Attorneys for Plaintiff, JASON NEEL by and
through his Guardian Ad Litem Brandi Jones
Dated: August 3, 2023 STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP
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il Edward Egan Smith
Attorneys for Defendant UNITED STATES
12 REAL ESTATE CORPORATION
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Dated: July 2_., 2023 GERACI LAW FIRM AND CONFERENCES
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Jacoby Perez
16 Attorneys for Defendant UNITED STATES
REAL ESTATE CORPORATION
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Dated: July 27, 2023 MICHAEL BEUSELINCK,
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Michael Beuselinck
2i Attorneys for Defendant CNA EQUITY
GROUP, LLC
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STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
O39 1. NATO OCEANAVE 12077-Neol SPTI
August Z, Zr1e
Dated: Jube22023- MARK J. SARNI, ATTORNEY AT LAW
LE
Mark J. Sarni
Attorney for Defendant RUSH MY FILE
TH.
{PROPOSED] ORDER
it is hereby ORDERED that
Based on the foregoing stipulation, and good cause appearing,
Court i in the above-captioned action.
the foregoing Stipulated Protective Order is approved by this
IT IS SO ORDERED.
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i Dated: » 20:
JUDGE OF THE SUPERIOR COURT
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ORDER THEREON
STIPULATED PROTECTIVE ORDER AND [PROPOSED]
EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY STIPULATED
PROTECTIVE ORDER
L state that:
My address is
My present employer is
My present occupation or job description is
4 I understand that I am about to receive Confidential, as applicable, in
connection with the above-captioned action, the case styled as Neel v, Superior Loan Servicing et
10 al., Santa Cruz County Superior Court Case No. 22CV01758.
VW 5 I understand that the Confidential Information, as applicable, is provided to
12 me subject to the terms and restrictions contained in the Stipulated Protective Order filed and
13 entered in the above-captioned action.
14 6 I have received a copy of the Stipulated Protective Order entered in the
15 above-entitled action on the following date:
16 7 I have carefully read and understand the provisions of the Stipulated
17 Protective Order.
18 8 I will comply with all of the provisions of the Stipulated Protective Order.
19 9 I will hold in confidence, will not disclose to anyone not designated under
20 the Stipulated Protective Order as permitted to view or receive Confidential, as applicable, and will
21 use only for purposes of the above-captioned action, any Confidential Information that is disclosed
22 to me, including any documents or things that I have prepared relating thereto, except as expressly
23 permitted by the Stipulated Protective Order. I understand that I am to retain all copies of all
24 Confidential Information provided to me concerning the above-captioned action in a secure
25 mannet, and that all copies of such Confidential Information are to remain in my personal custody
26 until termination of my participation in the above-captioned action.
27 10. Upon termination of my participation in the above-captioned action, I will
28 return all Confidential Information that comes into my possession to counsel from whom I received
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STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
the Confidential Information and any documents or things that I have prepared relating thereto to
counsel for the Party by whom I am employed or retained.
11. Ihereby submit to the jurisdiction of the Court in the above-captioned action
as identified in the Stipulated Protective Order for the purpose of enforcement of the Stipulated
Protective Order and my compliance therewith.
Dated:
By:
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STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
PROOF OF SERVICE
STATE OF CALIFORNIA _ )
COUNTY OF FRESNO ) Ss.
I certify and declare as follows:
Iam a citizen of the United States and a resident of the County aforesaid; I am over the age]
of eighteen years and not a party to the within above entitled action; my business address is 1195
W. Shaw Ave., Ste. A, Fresno, California 93711, which is located in the county where the mailing
described below took place.
Iam readily familiar with the business practice at my place of business for collection and
processing of correspondence for mailing with the United Stated Postal Service. Correspondence
so collected and processed is deposited with the United States Postal Service that same day in the
10 ordinary course of business.
11 On August 3, 2023, at my place of business in Fresno, California, I served the within:
12 e STIPULATED PROTECTIVE ORDER; PROPOSED ORDER
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as follows:
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Edward Egan Smith Attorney for Defendant United States Real
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STEYER LOWENTHAL BOODROOKAS Estate Corporation
16 ALVAREZ & SMITH LLP
235 Pine Street, 15" floor
17 San Francisco, CA 94104
smith@steyerlaw.com
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mdelbridge@steyerlaw.com
19 Jacoby Perez, Attorney for Defendant United States Real
Geraci Law Firm and Conferences Estate Corporation
20 90 Discovery
Irvine, CA 92618
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j.perez@geracillp.com
22 concierge@geracillp.com
Michael Beuselinck Attorney for CNA Equity Group, LLC
23 Michael Beuselinck, P.C.
490 43" St., #37
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Oakland, CA 94609
25 mike@lawmtb.com
Mark J. Sarni Attorney for Rush My File
26 SOUTH BAY ADR
3424 Carson Street, Ste 350
27 Torrance, CA 90503
28 southbayadr@gmail.com
PROOF OF SERVICE
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[Xx] BY EMAIL: I electronically transmitted a true and correct copy thereof to the
interested parties’ electronic notification address(es) of record before close of business for the
purpose of effecting service and the transmission was reported as complete and without error.
[Xx] BY U.S. MAIL: I placed a true and correct copy thereof enclosed in a sealed
envelope with postage thereon fully prepaid in the United States at Fresno, California
(] BY OVERNIGHT MAIL: I caused each envelope with postage thereon fully
prepaid, to be sent by overnight express delivery carrier
U] BY FACSIMILE: I caused a true and correct copy thereof to be sent by facsimile
transmission to the above-listed numbers.
U] BY HAND DELIVERY: I caused a true and correct thereof to be delivered by hand]
to the offices listed above.
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I declare under penalty of perjury under the laws of the State of California that the
11 foregoing is true and correct.
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PROOF OF SERVICE
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Thornton Davidson #166487 THORNTON DAVIDSON, P.C. 1195 W. Shaw Ave., Suite A Fresno, California 93711 Tel: (559) 476-5064 Fax: (559) 421-0368 E-mail: thornton@thorntondavidsonlaw.com Pamela D. Simmons #160523 LAW OFFICE OF SIMMONS & PURDY 2425 Porter Street, Suite 10 Soquel, California 95073 Tel: (831) 464-6884 Fax: (831) 464-6885 E-mail: pamela@pamelaw.com 10 Attorneys for Plaintiff JASON NEEL ll SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 IN AND FOR THE col UNTY OF SANTA CRUZ 13 Hk 14 JASON NEEL, Case No.: 22CV01758 15 Plaintiff, Vv. STIPULATED PROTECTIVE 16 ORDER; PROPOSED ORDER SUPERIOR LOAN SERVICING; ASSET 17 DEFAULT MANAGEMENT, INC.; UNITED STATES REAL ESTATE CORPORATION; 18 CNA EQUITIES GROUP, LLC; 19 AND RUSHMYFILE, BUSINESS ENTITY FORM UNKNOWN, and 20 VIGIL REAL ESTATE, BUSINESS ENTITY FORM UNKNOWN, and DOES | to 50, 21 inclusive, 22 Defendants. 23 24 L 25 RECITALS 26 Plaintiff JASON NEEL (“Plaintiff”), through his Guardian ad Litem Brandi Jones, by and 27 Defendants UNITED STATES REAL ESTATE CORPORATION; CNA EQUITIES GROUP, 28 LLC; AND RUSHMYFILE, BUSINESS ENTITY FORM UNKNOWN (“Defendants”) 1 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON 20140181. NATO ACRANAVE (9097-Neol SP.TDY AND RUSHMYFILE, BUSINESS ENTITY FORM UNKNOWN (“Defendants”) (individually, including Plaintiff, as “Party”; collectively as “Parties”), through their respective counsel of record, have agreed that the Psychiatric Report of George Woods, M.D. (the “Report”), addressing Plaintiff’s past and present mental state is of a sensitive, private, and confidential nature. It is not being produced as part of an Expert Witness Disclosure as Plaintiff has made no such disclosure and Dr. Woods is at present only serving in the capacity of an examining consultant. Plaintiff reserves the right not to designate Dr. Woods as an expert witness and to retain a different psychiatrist or other mental health professional at the time designation of experts is required. Therefore, unless otherwise advised by Plaintiff’s counsel, the Report may be revised or disregarded at some time in the future. 10 THEREFORE, the Parties hereby stipulate to and submit the following proposed Stipulated 11 Protective Order pursuant to Code of Civil Procedure section 2031.060(b) and request an Order 12 from the Court regarding the same. 13 IL 14 STIPULATED PROTECTIVE ORDER 15 1 Scope 16 Disclosure and discovery in the above-captioned action are likely to involve production of 17 confidential, or private information which may include information in the nature of, but not limited 18 to, sensitive medical and personal information or other information for which special protection 19 from public disclosure and from use for any purpose other than litigating this action may be 20 warranted. Accordingly, the Parties hereby stipulate to and petition the Court to approve the 21 following Stipulated Protective Order. 22 The Parties acknowledge that this Stipulated Protective Order does not confer blanket 23 protections on all disclosures or responses to discovery and that the protection it affords from public 24 disclosure and use extends only to the limited information or items that are entitled to confidential 25 treatment under this Stipulated Protective Order and applicable law. 26 The entry of this Stipulated Protective Order does not alter, waive, modify, or abridge any 27 right, privilege or protection otherwise available to any Party with respect to the discovery of 28 matters, including but not limited to any Party’s right to assert the attorney-client privilege, the 2 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON attorney work product doctrine, or other privileges, or any Party’s right to contest any such assertion. Any Party to the above-captioned action or person subject to the terms of this Stipulated Protective Order who has not executed this Stipulated Protective Order as of the time itis presented to the Court for signature and order may thereafter become subject to its terms by either (i) its counsel’s execution of a copy thereof, filing the same with the Court, and serving copies of such signed and dated copy upon the other Parties to this Stipulated Protective Order; or (ii) execution of the document entitled “ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY STIPULATED PROTECTIVE ORDER” attached hereto as Exhibit A. 10 2. Definitions il As used herein: 12 a. “Confidential Information” shall mean all information (regardless of how 13 generated, stored, or maintained), writings as defined by Evidence Code section 250, material, 14 tangible things, or testimony which a Designating Party or Producing Party reasonably believes in 15 good faith is entitled to confidential treatment under applicable law as private medical or personal 16 or other information that is not shared with the public in the ordinary course of business, the 17 disclosure of which may cause harm or would otherwise be detrimental to the conduct of the 18 Designating Party’s or Producing Party’s person or reputation, including, but not limited to other 19 information the disclosure of which the Producing Party or Designating Party reasonably and in 20 good faith considers to be valuable because of its medical and personal nature. 21 b “Producing Party” shall mean any Party to this action or any non-party to 22 this action producing Confidential Information in connection with depositions, document 23 production or otherwise, or the party asserting the confidentiality privilege, as the case may be. 24 C, “Receiving Party” shall mean any Party to this action or any non-party to 25 this action receiving Confidential Information in connection with depositions, document production 26 or otherwise in this action. 27 d “Designating Party” shall mean any Party to this action or any Producing 28 Party that designated the Confidential Information as “confidential” by notation on the document, 3 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON statement on the record of the deposition, written advice to the respective undersigned counsel for the Parties hereto if the Confidential Information is not reduced to documentary, tangible, or physical form, if the Confidential Information cannot conveniently be so designated, or consistent with the terms of this Stipulated Protective Order, or by other appropriate means, 3 Designation of Confidential Information All information, writings as defined by Evidence Code section 250, including Dr. Woods’ Report, designated as “Confidential” must be clearly so designated before the Confidential Information is disclosed or produced. The “Confidential” designation should not obscure or interfere with the legibility of the designated Information. 10 4 Non-Party Designation of Confidential Informatio 11 Any Confidential Information that may be produced by a non-party in the above-captioned 12 action pursuant to subpoena or otherwise may be designated by such non-party as “Confidential” 13 under the terms of this Stipulated Protective Order, and any such designation by a non-party shall 14 have the same force and effect, and create the same duties and obligations, as if made by one of the 15 undersigned Parties hereto. Any such designation shall also function as a consent by such Producing 16 Party to the authority of the above-captioned Court to resolve and conclusively determine any 17 motion or other application made by the Producing Party or any Party with respect to such 18 designation, or any other matter otherwise arising under this Stipulated Protective Order. 19 5. Objection to Designation of Confidential Information 20 In the event that counsel for a Receiving Party receiving information designated as 21 “Confidential” objects to such designation with respect to any or all of such items, said counsel 22 shall advise counsel for the Designating Party, in writing, of such objections, the specific writings, 23 testimony, or information to which each objection pertains, and the specific reasons and support 24 for such objections (the “Designation Objections”). Counsel for the Designating Party shall have 25 thirty (30) days from receipt of the written Designation Objections to either (i) agree in writing to 26 de-designate writings, testimony, or information pursuant to any or all of the Designation 27 Objections, or (ii) file a motion with the Court seeking to uphold any or all designations on writings, 28 testimony, or information addressed by the Designation Objections (the “Designation Motion”). 4 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON Pending a resolution of the Designation Motion by the Court, any and all existing designations on the writings, testimony, or information at issue in such motion shall remain in place. 6 Access to and Disclosure of Confidential Information Access to and disclosure of Confidential Information shall be permitted only to the following persons and entities identified in subsections 5.a. through h. below only after said persons have signed the document entitled “ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY STIPULATED PROTECTIVE ORDER” attached hereto as Exhibit A (the “Acknowledgment”), except no such Acknowledgment shall be required for those persons and entities identified in subsections 5.a. and b.(1) and (2): 10 a. the Court and its staff, including court reporters employed by the Court; 1 b (1) Attorneys of record in the above-captioned action and their affiliated 12 attorneys, paralegals, clerical and secretarial staff employed by such attorneys, who are actively 13 involved in this actions and are not employees of any Party; and 14 @ In-house counsel to the undersigned Parties, except for those who are 15 competitive decision-makers of a Party, and the paralegal, clerical and secretarial staff employed 16 by such counsel; 17 Cc, those officers, directors, partners, members, employees except for those 18 persons identified in subsection 5.b.(2), and agents of all non-designating Parties that counsel for 19 such Parties deems necessary to aid counsel in the prosecution and defense of this action; 20 d. court reporters in this action (whether at depositions, hearings, or any other 21 proceeding) except for those court reporters employed by the Court as set forth in subsection 5.a., 22 any independent litigation support services, including persons working for or as graphics or design 23 services, jury or trial consulting services, and photocopy, document imaging, and database services 24 retained by the Parties in this action; 25 €. any deposition, trial, or hearing witness in this action who previously had 26 access to the Confidential Information, or who is currently or was previously an officer, director, 27 partner, member, employee or agent of an entity that had access to the Confidential Information; 28 5 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON and any deposition or non-trial hearing witness in the this action who previously did not have access to the Confidential Information; f. mock jury participants; g outside experts or expert consultants consulted by the undersigned Parties or their counsel in connection with this action, whether or not retained to testify at any oral hearing; and h. any other person that the Designating Party agrees to in writing. 7. Permitted Use of Confidential Information Confidential Information shall be used by the persons receiving them only for the purposes 10 of preparing for, conducting, participating in the conduct of, prosecuting, and defending the above- 11 captioned action, and not for any business or other purpose whatsoever. It shall be the obligation 12 of counsel, upon learning of any breach or threatened breach of this Stipulated Protective Order, to 13 promptly notify the Designating Party or counsel for the Designating Party, as applicable, of any 14 such breach or threatened breach. 15 8. Rights Contemporaneous with This Stipulated Protective Orde 16 Entering into, agreeing to, and complying with the terms of this Stipulated Protective Order 17 shall not: 18 a operate as an admission by any Party or person subject to the terms of this 19 Stipulated Protective Order that any particular writing, testimony, or information marked 20 “Confidential” contains or reflects confidential, personal, or medically sensitive information; 21 b affect the admissibility into evidence of Confidential Information; 22 Cc. prejudice in any way the right of any Party or any person subject to the terms 23 of this Stipulated Protective Order: 24 L to seek a determination by the Court of whether any particular 25 Confidential Information should be subject to protection as “Confidential” under the terms of this 26 Stipulated Protective Order; or 27 ii. to seek relief from the Court on appropriate notice to all other Parties 28 to the above-captioned action from any provision of this Stipulated Protective Order, either 6 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON generally or as to any particular writing, testimony, or information, or otherwise request a modification or dissolution of this Stipulated Protective Order; d. abridge the rights of any Party or person subject to the terms of this Stipulated Protective Order to seek judicial review or to pursue other appropriate judicial action with respect to any ruling made by the Court concerning the Confidential Information; or e. Constitute a designation by Plaintiff of Dr. Woods or his Report in the context of the designation of an Expert Witness or an Expert Witness Report. 9 Notice of Filing Confidential Information Where any Confidential Information, or information derived from Confidential 10 Information, is included in (i) any motion or other proceeding governed by California Rules of il Court, Rules 2.550 and 2.551, the moving party shall follow those rules. With respect to discovery 12 motions or other proceedings not governed by California Rules of Court, Rules 2.550 and 2.551, 13 the following shall apply: If Confidential Information or information derived from Confidential 14 Information is submitted to or otherwise disclosed to the Court in connection with discovery 15 motions and proceedings, the same shall be separately filed under seal with the clerk of the Court 16 in an envelope marked: “CONFIDENITAL - FILED UNDER SEAL PURSUANT TO 17 PROTECTIVE ORDER AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.” 18 10. Inadvertent Disclosure of Confidential Information The inadvertent 19 disclosure or production by any of the undersigned Parties or non-Parties to the Proceedings of any 20 Document, Testimony or Information during discovery in this action without a “Confidential” 21 designation, shall be without prejudice to any claim that such item is “Confidential” and such Party 22 shall not be held to have waived any rights, including the right to confidential treatment, by such 23 inadvertent disclosure or production. In the event that any writing, testimony, or information that 24 is subject to a “Confidential” designation is inadvertently disclosed or produced without such 25 designation, the Party that inadvertently disclosed or produced the document shall give written 26 notice of such inadvertent disclosure or production within twenty (20) days of discovery of the 27 inadvertent disclosure or production, together with a further copy of the subject writing, testimony, 28 or information designated as “Confidential” (the “Notice of Inadvertent Production”). 7 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON Upon receipt of such Notice of Inadvertent Production, the Party that received the inadvertently disclosed or produced writing, testimony, or information shall either (i) promptly destroy the inadvertently disclosed or produced writing, testimony, or information and all copies thereof; or, in the alternative, (ii) at the expense of the Producing Party, return such inadvertently disclosed or produced writing, testimony, or information together with all copies of the same to counsel for the Producing Party. Should the Receiving Party choose to destroy such inadvertently disclosed or produced writing, testimony, or information, the Receiving Party shall notify the Producing Party in writing of such destruction within ten (10) days of receipt of the Notice of Inadvertent Production. 10 In the event that this provision conflicts with any applicable law regarding waiver of 11 confidentiality through the inadvertent disclosure or production of writing, testimony, or 12 information, such law shall govern. 13 ll. Disclosure of Confidential Information Pursuant to Subpoena or Court Orde 14 If any person subject to this Stipulated Protective Order, who has custody of any 15 Confidential Information, receives a subpoena, court order, or other process from any government 16 or other person or entity demanding production of Confidential Information, the recipient of the 17 subpoena, court order, or other process shall promptly give notice of the same by electronic mail 18 transmission, followed by either express mail or overnight delivery to counsel of record for the 19 Designating Party, and shall furnish such counsel with a copy of the subpoena, court order, or other 20 process, 21 Upon receipt of this notice, the Designating Party may, in its sole discretion and at its own 22 cost, move to quash or limit the subpoena, otherwise oppose production of the Confidential 23 Information, and seek to obtain confidential treatment of such Confidential Information from the 24 subpoenaing or requesting person or entity to the fullest extent available under law. The recipient 25 of the subpoena, court order, or other process may not disclose or produce any writing, testimony, 26 or information pursuant to the subpoena, court order, or other process prior to the date specified for 27 production. 28 8 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON 12. Continuing Obligations Regarding Confidential Information Upo Termination of Action This Stipulated Protective Order shall continue to be binding upon (i) the Parties and their attorneys, successors, executors, personal representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, or other persons or organizations over which they have control, and (ii) all signatories to the Acknowledgment attached hereto as Exhibit A, after the settlement or termination of this action, except that there shall be no restriction on a Party or person subject to the terms of this Stipulated Protective Order to seek relief or further adjudication from the Court as set forth in sections 8.b. 10 and d. hereinabove. 11 The Parties and all signatories to the Acknowledgment agree that the Court retains and shall 12 have continuing jurisdiction over the Parties and signatories to the Acknowledgment for | 13 enforcement of the provisions of this Stipulated Protective Order following termination of this 14 action. 15 13. Disposition of Confidential Information Upon Termination of Action 16 Upon written request made within thirty (30) days of termination of this action, including 17 any settlement and appeals, all Confidential Information, including all copies, duplicates, abstracts, 18 indexes, summaries, descriptions, and excerpts or extracts thereof (excluding excerpts or extracts 19 incorporated into any privileged memoranda of the Parties and materials which have been admitted 20 into evidence in this action), shall, within thirty (30) days of receipt of the written request and at 21 the Producing Party’s election, either be returned to the Producing Party at the Producing Party’s 22 cost or be destroyed. If requested by the Producing Party, the Receiving Party shall verify in writing 23 the return or destruction of Confidential Information to the Producing Party. 24 Notwithstanding the foregoing, counsel for the Parties shall be entitled to maintain copies 25 of all correspondence, emails, pleadings, motions, and trial briefs (including all supporting and 26 opposing papers and exhibits thereto), written discovery requests and responses (and exhibits 27 thereto), deposition transcripts (and exhibits thereto), trial transcripts, and exhibits offered or 28 9 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON introduced into evidence at any hearing or trial, and their attorney work product that refers or is related to any Confidential Information for archival purposes only. Dated: July 2_, 2023 THORNTON DAVIDSON, P.C. TH SO. Attorneys for P| (ASON NEEL by and through his Guardian Ad Litem Brandi Jones Dated: July 2_, 2023 STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP 10 i Edward Egan Smith Attorneys for Defendant UNITED STATES 12 REAL ESTATE CORPORATION 13 Dated: August 2, 2023 GERACI LAW FIRM AND CONFERENCES 14 15 Jacoby, eZ 16 Attor 's for Defendant UNITED STATES REAL ESTATE CORPORATION 17 18 Dated: July 2_, 2023 MICHAEL BEUSELINCK, P.C. 19 20 Michael Beuselinck 21 Attorneys for Defendant CAN EQUITY GROUP, LLC 22 23 24 25 26 27 28 10 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON introduced into evidence at any hearing or trial, and their attorney work product that refers or is related to any Confidential Information for archival purposes only. Dated: July 2_, 2023 THORNTON DAVIDSON, P.C. THORNTON DAVIDSON Attorneys for Plaintiff, JASON NEEL by and through his Guardian Ad Litem Brandi Jones Dated: August 3, 2023 STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP 10 il Edward Egan Smith Attorneys for Defendant UNITED STATES 12 REAL ESTATE CORPORATION 13 Dated: July 2_., 2023 GERACI LAW FIRM AND CONFERENCES 14 15 Jacoby Perez 16 Attorneys for Defendant UNITED STATES REAL ESTATE CORPORATION 17 18 Dated: July 27, 2023 MICHAEL BEUSELINCK, 19 20 oe Michael Beuselinck 2i Attorneys for Defendant CNA EQUITY GROUP, LLC 22 23 24 25 26 27 28 10 mes STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON O39 1. NATO OCEANAVE 12077-Neol SPTI August Z, Zr1e Dated: Jube22023- MARK J. SARNI, ATTORNEY AT LAW LE Mark J. Sarni Attorney for Defendant RUSH MY FILE TH. {PROPOSED] ORDER it is hereby ORDERED that Based on the foregoing stipulation, and good cause appearing, Court i in the above-captioned action. the foregoing Stipulated Protective Order is approved by this IT IS SO ORDERED. 10 i Dated: » 20: JUDGE OF THE SUPERIOR COURT 12 13 14 45 16 7 18 19 20 21 22 23 24 25 26 27 28 u ORDER THEREON STIPULATED PROTECTIVE ORDER AND [PROPOSED] EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY STIPULATED PROTECTIVE ORDER L state that: My address is My present employer is My present occupation or job description is 4 I understand that I am about to receive Confidential, as applicable, in connection with the above-captioned action, the case styled as Neel v, Superior Loan Servicing et 10 al., Santa Cruz County Superior Court Case No. 22CV01758. VW 5 I understand that the Confidential Information, as applicable, is provided to 12 me subject to the terms and restrictions contained in the Stipulated Protective Order filed and 13 entered in the above-captioned action. 14 6 I have received a copy of the Stipulated Protective Order entered in the 15 above-entitled action on the following date: 16 7 I have carefully read and understand the provisions of the Stipulated 17 Protective Order. 18 8 I will comply with all of the provisions of the Stipulated Protective Order. 19 9 I will hold in confidence, will not disclose to anyone not designated under 20 the Stipulated Protective Order as permitted to view or receive Confidential, as applicable, and will 21 use only for purposes of the above-captioned action, any Confidential Information that is disclosed 22 to me, including any documents or things that I have prepared relating thereto, except as expressly 23 permitted by the Stipulated Protective Order. I understand that I am to retain all copies of all 24 Confidential Information provided to me concerning the above-captioned action in a secure 25 mannet, and that all copies of such Confidential Information are to remain in my personal custody 26 until termination of my participation in the above-captioned action. 27 10. Upon termination of my participation in the above-captioned action, I will 28 return all Confidential Information that comes into my possession to counsel from whom I received 12 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON the Confidential Information and any documents or things that I have prepared relating thereto to counsel for the Party by whom I am employed or retained. 11. Ihereby submit to the jurisdiction of the Court in the above-captioned action as identified in the Stipulated Protective Order for the purpose of enforcement of the Stipulated Protective Order and my compliance therewith. Dated: By: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON PROOF OF SERVICE STATE OF CALIFORNIA _ ) COUNTY OF FRESNO ) Ss. I certify and declare as follows: Iam a citizen of the United States and a resident of the County aforesaid; I am over the age] of eighteen years and not a party to the within above entitled action; my business address is 1195 W. Shaw Ave., Ste. A, Fresno, California 93711, which is located in the county where the mailing described below took place. Iam readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing with the United Stated Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the 10 ordinary course of business. 11 On August 3, 2023, at my place of business in Fresno, California, I served the within: 12 e STIPULATED PROTECTIVE ORDER; PROPOSED ORDER 13 as follows: 14 Edward Egan Smith Attorney for Defendant United States Real 15 STEYER LOWENTHAL BOODROOKAS Estate Corporation 16 ALVAREZ & SMITH LLP 235 Pine Street, 15" floor 17 San Francisco, CA 94104 smith@steyerlaw.com 18 mdelbridge@steyerlaw.com 19 Jacoby Perez, Attorney for Defendant United States Real Geraci Law Firm and Conferences Estate Corporation 20 90 Discovery Irvine, CA 92618 21 j.perez@geracillp.com 22 concierge@geracillp.com Michael Beuselinck Attorney for CNA Equity Group, LLC 23 Michael Beuselinck, P.C. 490 43" St., #37 24 Oakland, CA 94609 25 mike@lawmtb.com Mark J. Sarni Attorney for Rush My File 26 SOUTH BAY ADR 3424 Carson Street, Ste 350 27 Torrance, CA 90503 28 southbayadr@gmail.com PROOF OF SERVICE 1 [Xx] BY EMAIL: I electronically transmitted a true and correct copy thereof to the interested parties’ electronic notification address(es) of record before close of business for the purpose of effecting service and the transmission was reported as complete and without error. [Xx] BY U.S. MAIL: I placed a true and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States at Fresno, California (] BY OVERNIGHT MAIL: I caused each envelope with postage thereon fully prepaid, to be sent by overnight express delivery carrier U] BY FACSIMILE: I caused a true and correct copy thereof to be sent by facsimile transmission to the above-listed numbers. U] BY HAND DELIVERY: I caused a true and correct thereof to be delivered by hand] to the offices listed above. 10 I declare under penalty of perjury under the laws of the State of California that the 11 foregoing is true and correct. 12 13 14 <7 -Fetitia Sanches 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE 2