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OM
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Oct-07-2014 9:42 am
Case Number: CGC-13-535651
Filing Date: Oct-07-2014 9:35
Filed by: KAREN LIU
Juke Box: 001 Image: 04647316
GENERIC CIVIL FILING (NO FEE)
PETER STADLER VS. CSAA INSURANCE EXCHANGE et al
001004647316
Instructions:
Please place this sheet on top of the document to be scanned.oem NY DH FF WN
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Hyon M. Kientzy, Esq. - SBN 209579 Fi E D
atthew D. Lenhardt, Esq. — SBN 271342 ZOHINY, A Ea
CODDINGTON, HICKS & DANFORTH eo
A Professional Corporation, Lawyers OCT - 7 201 4
555 Twin Dolphin Drive, Suite 300 oe
Redwood City, CA 94065-2133 CLERK TH cou
Telephone: (650) 592-5400 By: OURT
Facsimile: (650) 592-5027 Cane
ATTORNEYS FOR Defendant
CSAA Insurance Exchange
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
PETER STALDER, Case No. CGC 13 535651
Plaintiff, STIPULATION AND PROTECTIVE
ORDER REGARDING PRODUCTION
vs. AND DISSEMINATION OF TRADE
SECRET, CONFIDENTIAL AND
CSAA INSURANCE EXCHANGE, and PROPRIETARY MATERIALS
DOES 1 through 10,
Defendants.
This Stipulated Protective Order is entered into by and between plaintiff Peter Stalder
(hereinafter “Plaintiff’) and defendant CSAA Insurance Exchange (hereinafter “CSAA”), by
and through their respective attorneys, and is made with reference to the following facts:
A. Disclosure and discovery activity in this action are likely to involve the
production of confidential, proprietary, or private information for which special protection
from public disclosure and from use for any purpose other than prosecuting this litigation
would be warranted. Accordingly, the parties hereby stipulate to and petition the court to
enter the following Stipulated Protective Order. The parties acknowledge that this Order does
not confer blanket protections on all disclosures or responses to discovery, and that the
protection it affords extends only to the limited information or items that are entitled under
the applicable legal principles to treatment as confidential. The parties further acknowledge, as
set forth below in paragraphs 8 and 9, that this Stipulated Protective Order creates no
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entitlement to file confidential information under seal; California Rules of Court, Rules 2.550 —
2.551 set forth the procedures that must be followed and reflects the standard that will be
applied when a party seeks permission from the coutt to file material under seal.
B. CSAA possesses trade secret, proprietary, or other confidential information
which CSAA desires to maintain confidential and which CSAA may desire or be required to
furnish to the attorneys of record for Plaintiff in this action.
C. The parties hereto desire to stipulate to a protective order sanctioned by the
Coutt to protect such trade secret, proprietary information, or other confidential information
from unnecessary disclosure to others.
ACCORDINGLY, the parties hereto, by and through their respective attorneys of
record, STIPULATE AND AGREE to the following protective order:
1. Scope of the Order. Each party that designates information or items for
protection under this Order must take care to limit any such designation to specific material
that qualifies under the apptoptiate standards. A designating party must take care to designate
for protection only those parts of materials, documents, items, or otal or written
communications that qualify — so that other portions of the material, documents, items, or
communications for which protection is not warranted are not swept unjustifiably within the
ambit of this Order. Mass or indiscriminate designations are prohibited. Designations that are
shown to be clearly unjustified, or that have been made for an improper purpose (e.g., to
unnecessarily encumber or retard the case development process, of to impose unnecessary
expenses and burdens on other patties), expose the designating party to sanctions.
If it comes to a party’s attention that information or items that it designated for
protection do not qualify for protection at all, or do not qualify for the level of protection
initially asserted, that party must promptly notify all other parties that it is withdrawing the
mistaken designation.
Except as otherwise provided in this Order, or as otherwise stipulated or ordered,
material that qualifies for protection under this Order must be clearly so designated before the
material is disclosed or produced.
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Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and
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This Stipulated Protective Order covers the production of all Discovery Materials
(heteinafter defined) which CSAA may be required or desire to furnish in this action.
“Discovery Materials” may include (without limitation) contracts, agreements, correspondence,
telexes, computer printouts, reports, records, schedules, diaries, invoices, training materials,
claims manuals, claims citculars, memoranda, accounting records and worksheets, charts,
notes, estimates, summaries, responses to interrogatories, responses to requests for admissions,
deposition testimony, and any taped, recorded, written, or typed matters of any kind or
description, including originals, copies, and non-identical copies (whether different from the
originals by reason of any notation made on the copies or otherwise), and any physical objects,
samples, or other tangible items.
2. Designation of Confidential Information. Discovery Materials or portions
thereof which CSAA deems to contain trade sectet, proprietary, or other confidential
information may be marked with the designation “CONFIDENTIAL.” The Discovery
Materials or portions theteof so designated shall hereinafter be referred to as “Confidential
Information.”
3. Recipients _of Confidential Information. Any party may use Confidential
Information that is disclosed or produced by another party in connection with this case only
for prosecuting, defending or attempting to settle this litigation. Such Confidential
Information may be disclosed only to the categories of persons and under the conditions
described in this Order. When the litigation has been terminated, each party receiving
Confidential Information must comply with the provisions of this Stipulated Protective Order
dealing with the return of Confidential Information. Confidential Information may only be
disclosed to the following persons:
(a) Counsel of record representing any party in this Action and employees
(including independent contractors) of such counsel;
(b) Experts or consultants and their staff retained by counsel described in
paragraph 3(a) to assist in the preparation and trial of this Action;
3
Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and
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© Parties and directors, officers or employees of a party; provided,
however, Confidential Information shall be disclosed to such persons only to the extent
necessary to perform work in connection with this Action and no copies of Confidential
Information shall be retained by such persons;
(d) The author, addressees and recipients of the document;
(©) Witnesses or potential witnesses; provided, however that Confidential
Information shall be disclosed to such persons only to the extent necessary for purposes of
this Action and no copies shall be retained by such person; and on each occasion that
documents designated CONFIDENTIAL are disclosed to any such person, they shall be
advised that this Order is in effect and that no CONFIDENTIAL documents (or any patt
thereto) may be disclosed to any person unless authorized by this Order may result in
substantial penalties against the person and may be punishable to the full extent provided for
by law. Counsel disclosing Confidential Information to any such witness shall make and retain
an appropriate record of such advisement;
() The Court (including any Master, Referee or Mediator) and any of their
staff or employees working on this Action;
(g) Court reporters, including stenographers and video technicians; and
(h) Copying and computer services for the purpose of copying or indexing
documents provided that all Confidential Information is retrieved by the party furnishing it
upon completion of the lawsuit.
@ The producing patty may disclose its documents designated
CONFIDENTIAL produced in this case to any person(s), with or without any conditions to
such disclosure as it deems appropriate, and such disclosure will not cause the documents
produced to be deemed to have lost their CONFIDENTIAL designation pursuant to this
Stipulated Protective Order so long as disclosure is made in a manner reasonably calculated to
maintain the confidentiality of such documents.
4. Disclosute to Experts and Consultants. Confidential Information may be
disclosed to petsons described in paragraph 3(b) only to the extent that access to such
4
Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and
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Confidential Information is required for any such person to perform tasks directly related to
this litigation. Each such expert or consultant must acknowledge that they have read this
Order, have agreed to be bound by it and will not disclose Confidential Information, except in
connection with services provided in this case.
5. Conditions to be Met Prior to Disclosure. Before any Confidential Information
is disclosed to any person described in Paragraphs 3 or 4 above, Plaintiff's attorneys shall fully
explain to such person the terms of this Order, shall advise such person that the Confidential
Information is subject to this Order and may not be disclosed to any other person, shall have
such person read the Order, and ascertain that such person fully understands the terms of the
Order.
6. Written Undertaking. In addition to the conditions described in Paragraph 5,
before any Confidential Information is disclosed to any persons described in 3(b), 3(c), 3(e) or
4 above, Plaintiffs and/or defendant’s attorneys shall have such petson execute a written
undertaking in the form of Exhibit A hereto. Plaintiff's and/or defendant’s attorneys shall
tetain the originals of such undertakings. During the course of this litigation, if CSAA
reasonably believes that Confidential Information is being disclosed in violation of this Order,
CSAA’s attorneys may request to receive all the originals of such undertakings executed to
date, and within ten (10) days of such request, Plaintiffs attorneys shall deliver all such
undertakings to counsel for CSAA, unless Plaintiff believes that a ptivilege against disclosure
exists. If the dispute between the parties to this agreement cannot be resolved informally, then
CSAA and/or Plaintiff shall have the right to file a motion with this Court to seek terms
appropriate for the disclosure or nondisclosure of the undertakings The originals of all such
undertakings in the possession of Plaintiff's attorneys at the termination of this litigation shall
be delivered to CSAA’s attorneys within fifteen (15) days of the termination of this litigation,
in accordance with Paragraph 16 hereof.
7. Copies. All persons in receipt of Confidential Information, except the Court
and court personnel, and parties to the litigation shall not make or cause to be made any copy
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of any Confidential Information, except with the express permission of CSAA’s attorneys,
which permission shall not be unreasonably withheld.
8. Filing Under Seal - Discovery Motions - C.R.C. 2.551(d). When filing or
opposing a motion for discovery, counsel must deliver to the Clerk of the court any Discovery
Material designated as “CONFIDENTIAL,” as well as any materials setting forth the
substance of the Discovery Material, in a sealed envelope clearly marked as
“CONFIDENTIAL.”
9. Filing Under Seal - Motions Other Than Discovery - C.R.C. 2.551
(a) When filing or opposing a motion related to matters other than discovery
(a “Substantive Motion”), counsel must lodge conditionally under seal any material designated
as “CONFIDENTIAL” as well as any materials setting forth the substance of that Material.
CRC. 2.551(b)(4). Counsel must deliver such materials to the Clerk of the Coutt in a sealed
envelope clearly marked as “CONFIDENTIAL” and “CONDITIONALLY UNDER SEAL,”
and meeting the requirements of C.R.C. 2.551(d). At the time of the filing or lodging, the
party or non-party making the filing or lodging must notify all parties and the petsons or
entities that designated lodged material as “CONFIDENTIAL” of the lodging and provide a
copy of the relevant documents.
(b) The party or non-party lodging material identified as
“CONFIDENTIAL” is required to file a motion to seal the record. C.R.C. 2.551(a). Any party
or non-party with an interest in maintaining the confidentiality of the material identified as
“CONFIDENTIAL” must file a motion to seal under C.R.C. 2.551(b).
(©) Any motion to seal must be heard prior to or at the same time as the
related Substantive Motion. Any motion to seal may be brought on shortened time.
(@) In the absence of a contrary agreement, motions to seal must be filed no
less than seven (7) calendar days before the heating on the Substantive Motion and any
opposition must be filed no less than three (3) calendar days before the hearing on the
Substantive Motion.
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© It is understood by and between the parties that nothing in this
Stipulation and Protective Order determines that any document marked “confidential”
qualifies for sealing under C.R.C. 2.550 or telieves any party from following the procedure on
CRC. 2.551, and that to the extent any of the provisions of this Stipulation and Protective
Order conflict with C.R.C. 2.550 — 2.551 or applicable local rules, the C.R.C. and/or local rules
shall apply.
10. Use of Confidential Information. Confidential Information disclosed pursuant
to this Protective Order shall not be used other than for purposes of this action. No
Confidential Information shall be disclosed to any person unless the attorney desiring to
disclose such information believes that such disclosure shall promote the prosecution of this
action.
11. Storage of Confidential Information. The attorneys for Plaintiff and all other
persons in receipt of Confidential Information shall maintain all Confidential Information in a
filing cabinet, briefcase, or other secure, enclosed storage receptacle except when the
Confidential Information is in active, immediate use.
12. Legend Attached To Confidential Information. Any legend attached to
Confidential Information which refers to this Order shall not be removed (except during such
time as is actually necessary to copy Confidential Information pursuant to this Order) and any
copy of Confidential Information shall have attached to it at all times a prominent and legible
legend which contains the same statement contained in the legend, if any, which was attached
to the Confidential Information when it was furnished.
13. Depositions. Plaintiffs attorneys shall designate deposition testimony and
exhibits as Confidential Information during the taking of any deposition. The transcript of
such testimony and the exhibits so designated shall be marked in accordance with Paragraph 2
hereof. The deposition transcript, copies thereof, and the substance or contents of the oral
testimony and exhibits shall in all respects be treated by the Plaintiffs attorneys as Confidential
Information, and shall not be disclosed or filed with the Court except in accordance with the
terms of this Order. CSAA’s attorneys may also designate deposition testimony and exhibits
Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and
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as Confidential Information during the taking of any deposition and may request that all
persons other than the deponent, the reporter, counsel, and the individuals specified in
Paragraphs 3(b), 3(c) and 3(e) hereof leave the deposition room during the confidential portion
of the deposition.
14. Disputes Regarding Designation of Discovery Materials.
(@) Any party may object to the designation of particular documents as
CONFIDENTIAL by giving written notice to the producing party. Any such notice shall
identify the documents to which the objection is directed and provide a brief statement of the
basis for the objection. If the status of the documents cannot be resolved within ten (10)
business days of the time the notice is received, the producing party may file an appropriate
motion requesting that the Court rule on the disputed documents. In the event that a party
files such a motion, the documents at issue shall be submitted to the Court (including any
Master, Referee or Mediator designated by the Court) for in camera inspection. The disputed
material shall remain protected as designated under this Order until the Court (including any
Master, Referee or Mediator designated by the Court) rules on such motion. If a producing
party fails to file such a motion within ten (10) days of the time the notice is received, or such
other time period as may be mutually agreed upon or ordered by the Coutt, the documents
shall no longer be deemed CONFIDENTIAL.
(6) Ifa party fails to treat documents designated as CONFIDENTIAL in the
manner provided herein, the remedy of the producing patty shall be to take such steps as are
necessary to have such items placed under seal or restored to their CONFIDENTIAL status.
In no event shall good faith or inadvertent disclosure of Confidential Information by a
teceiving party or counsel be the basis for any motion for any other form of relief or of any
other action.
15. Other Bases for Non-Disclosure. This Order is intended to prevent
unnecessary disclosure of Discovery Materials that contain or reflect information that
constitutes trade sectet, proprietary, or other confidential information of CSAA. CSAA
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Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and
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reserves the right to object to any production or disclosure of Discovery Materials on any
other ground which CSAA may deem appropriate.
16. Return of Confidential Information and Delivery of Undertakings. Confidential
Information, including all copies, notes, renderings, compilations, recordings, lists, microfilms,
or other references thereof or thereto, and all undertakings referred to in Paragraph 6 hereof
shall be returned to CSAA. Attorneys’ work product containing, referting to, or reflecting
Confidential Information may be destroyed in lieu of being returned.
17. in: i i f jal_Inf ion. If a party receives
Confidential Information and learns, by inadvertence or otherwise, that it has disclosed
Confidential Information to any person or in any circumstance not authorized under this
Stipulated Protective Order, that party must immediately (a) notify in writing the party who
designated the material confidential of the unauthorized disclosures, (b) use its best efforts to
retrieve all copies of the Confidential Information, and (c) inform the person or persons to
whom unauthorized disclosures were made of all the terms of this Order.
18. Filing Protected Material. Without written permission from the disclosing party
ot a court order secured after appropriate notice to all interested parties, a party may not file in
the public record in this action any Confidential Information. A party seeking to file under
seal any Confidential Information must comply with California Rules of Court, Rule 2.551.
19. Miscellaneous.
(a) Right to Further Relief. Nothing in this Order abridges the right of any
party to seek its modification by the Court in the future.
(b) Right to Assert Other Objections. By stipulating to the entry of this
Protective Order, no Party waives any right it otherwise would have to object to disclosing or
producing any information or item on any ground not addressed in this Stipulated Protective
Order. Similarly, no Party waives any right to object on the ground to use in evidence of any
of the materials covered by this Protective Order.
Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and
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(©) _ The parties agree that counsel for CSAA may appear ex parte in the Sam
Francisco County Superior Court pursuant to C.R.C. 3.1200 ef. seg, and Civil Local Rules 9 and
10 to have the Court approve and enter this Stipulated Protective Order.
Dated: HEREFORD KERLEY, LLP
By:
_fidwhatdixerley, Esq.
in Sc, fer, Fs .
Attorney for Plains
Peter Stalder
Dated: _Bislog CODDINGTON, HICKS & DANFORTH
Attorneys for Defendant CSAA
Insurance Exchange
THE STIPULATION OF THE PARTIES IS HEREBY ADOPTED AS THE
ORDER OF THE COURT.
IT O ORDERED.
oa Oe 2014
ated:
5 Judge of the Siperior
ERNEST H. GOLDSMITH
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EXHIBIT “A”
L declare as follows:
1. I have tread the Stipulated Protective Order filed = on
2. An attorney with Hereford Kerley, LLP explained to me the meaning and effect
of this undertaking and of the Stipulated Protective Order. I understand the meaning and
effect of this undertaking and of the Stipulated Protective Order, and I agree to abide by and
be bound by both.
3. I understand and agree that all materials designated as “CONFIDENTIAL” or
“CONFIDENTIAL--PRODUCED IN CONNECTION WITH LITIGATION,” all copies,
notes, or other records regarding such materials, and the substance or contents of such
materials shall be disclosed to no one other than counsel for Plaintiff in this action, and that no
copies of such materials may be made of such documents without the express written consent
of such attorneys.
4. I hereby stipulate to submit to the jurisdiction of the Superior Court of the State
of California for the County of San Francisco with regatd to any proceeding to enforce the
terms of the Stipulated Protective Order against me, whether by way of contempt of court, by
a civil action for an injunction and monetary damages, ot otherwise.
I declare, under penalty of perjuty, under the laws of the State of California that the
foregoing is true and correct.
Executed this day of > 2014 at >
California.
i
Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and
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OM SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-07-2014 9:42 am Case Number: CGC-13-535651 Filing Date: Oct-07-2014 9:35 Filed by: KAREN LIU Juke Box: 001 Image: 04647316 GENERIC CIVIL FILING (NO FEE) PETER STADLER VS. CSAA INSURANCE EXCHANGE et al 001004647316 Instructions: Please place this sheet on top of the document to be scanned.oem NY DH FF WN eH oe - Oo © ° Hyon M. Kientzy, Esq. - SBN 209579 Fi E D atthew D. Lenhardt, Esq. — SBN 271342 ZOHINY, A Ea CODDINGTON, HICKS & DANFORTH eo A Professional Corporation, Lawyers OCT - 7 201 4 555 Twin Dolphin Drive, Suite 300 oe Redwood City, CA 94065-2133 CLERK TH cou Telephone: (650) 592-5400 By: OURT Facsimile: (650) 592-5027 Cane ATTORNEYS FOR Defendant CSAA Insurance Exchange IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO PETER STALDER, Case No. CGC 13 535651 Plaintiff, STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION vs. AND DISSEMINATION OF TRADE SECRET, CONFIDENTIAL AND CSAA INSURANCE EXCHANGE, and PROPRIETARY MATERIALS DOES 1 through 10, Defendants. This Stipulated Protective Order is entered into by and between plaintiff Peter Stalder (hereinafter “Plaintiff’) and defendant CSAA Insurance Exchange (hereinafter “CSAA”), by and through their respective attorneys, and is made with reference to the following facts: A. Disclosure and discovery activity in this action are likely to involve the production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery, and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as confidential. The parties further acknowledge, as set forth below in paragraphs 8 and 9, that this Stipulated Protective Order creates no 1 Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and Proprietary Materials yl02 68 438 WOR of ™Ce NIN DH B® WN 10 © ° entitlement to file confidential information under seal; California Rules of Court, Rules 2.550 — 2.551 set forth the procedures that must be followed and reflects the standard that will be applied when a party seeks permission from the coutt to file material under seal. B. CSAA possesses trade secret, proprietary, or other confidential information which CSAA desires to maintain confidential and which CSAA may desire or be required to furnish to the attorneys of record for Plaintiff in this action. C. The parties hereto desire to stipulate to a protective order sanctioned by the Coutt to protect such trade secret, proprietary information, or other confidential information from unnecessary disclosure to others. ACCORDINGLY, the parties hereto, by and through their respective attorneys of record, STIPULATE AND AGREE to the following protective order: 1. Scope of the Order. Each party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the apptoptiate standards. A designating party must take care to designate for protection only those parts of materials, documents, items, or otal or written communications that qualify — so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order. Mass or indiscriminate designations are prohibited. Designations that are shown to be clearly unjustified, or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case development process, of to impose unnecessary expenses and burdens on other patties), expose the designating party to sanctions. If it comes to a party’s attention that information or items that it designated for protection do not qualify for protection at all, or do not qualify for the level of protection initially asserted, that party must promptly notify all other parties that it is withdrawing the mistaken designation. Except as otherwise provided in this Order, or as otherwise stipulated or ordered, material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. 2 Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and Proprietary Materials© ° This Stipulated Protective Order covers the production of all Discovery Materials (heteinafter defined) which CSAA may be required or desire to furnish in this action. “Discovery Materials” may include (without limitation) contracts, agreements, correspondence, telexes, computer printouts, reports, records, schedules, diaries, invoices, training materials, claims manuals, claims citculars, memoranda, accounting records and worksheets, charts, notes, estimates, summaries, responses to interrogatories, responses to requests for admissions, deposition testimony, and any taped, recorded, written, or typed matters of any kind or description, including originals, copies, and non-identical copies (whether different from the originals by reason of any notation made on the copies or otherwise), and any physical objects, samples, or other tangible items. 2. Designation of Confidential Information. Discovery Materials or portions thereof which CSAA deems to contain trade sectet, proprietary, or other confidential information may be marked with the designation “CONFIDENTIAL.” The Discovery Materials or portions theteof so designated shall hereinafter be referred to as “Confidential Information.” 3. Recipients _of Confidential Information. Any party may use Confidential Information that is disclosed or produced by another party in connection with this case only for prosecuting, defending or attempting to settle this litigation. Such Confidential Information may be disclosed only to the categories of persons and under the conditions described in this Order. When the litigation has been terminated, each party receiving Confidential Information must comply with the provisions of this Stipulated Protective Order dealing with the return of Confidential Information. Confidential Information may only be disclosed to the following persons: (a) Counsel of record representing any party in this Action and employees (including independent contractors) of such counsel; (b) Experts or consultants and their staff retained by counsel described in paragraph 3(a) to assist in the preparation and trial of this Action; 3 Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and Proprietary MaterialsoOo eo Ny DWH FF WH & YN YP YP PNY NR NY DY Be ew Be Be ee en oI AMR HH EF SOM RABE BAHR eS © 3° © Parties and directors, officers or employees of a party; provided, however, Confidential Information shall be disclosed to such persons only to the extent necessary to perform work in connection with this Action and no copies of Confidential Information shall be retained by such persons; (d) The author, addressees and recipients of the document; (©) Witnesses or potential witnesses; provided, however that Confidential Information shall be disclosed to such persons only to the extent necessary for purposes of this Action and no copies shall be retained by such person; and on each occasion that documents designated CONFIDENTIAL are disclosed to any such person, they shall be advised that this Order is in effect and that no CONFIDENTIAL documents (or any patt thereto) may be disclosed to any person unless authorized by this Order may result in substantial penalties against the person and may be punishable to the full extent provided for by law. Counsel disclosing Confidential Information to any such witness shall make and retain an appropriate record of such advisement; () The Court (including any Master, Referee or Mediator) and any of their staff or employees working on this Action; (g) Court reporters, including stenographers and video technicians; and (h) Copying and computer services for the purpose of copying or indexing documents provided that all Confidential Information is retrieved by the party furnishing it upon completion of the lawsuit. @ The producing patty may disclose its documents designated CONFIDENTIAL produced in this case to any person(s), with or without any conditions to such disclosure as it deems appropriate, and such disclosure will not cause the documents produced to be deemed to have lost their CONFIDENTIAL designation pursuant to this Stipulated Protective Order so long as disclosure is made in a manner reasonably calculated to maintain the confidentiality of such documents. 4. Disclosute to Experts and Consultants. Confidential Information may be disclosed to petsons described in paragraph 3(b) only to the extent that access to such 4 Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and Proprietary MaterialsoO YN DH HAH BF WY YN NY YP YN NN DY He ew Bee YE oe ew ew ew otmnyr F YN KF SCH WA AARBH LS © oO Confidential Information is required for any such person to perform tasks directly related to this litigation. Each such expert or consultant must acknowledge that they have read this Order, have agreed to be bound by it and will not disclose Confidential Information, except in connection with services provided in this case. 5. Conditions to be Met Prior to Disclosure. Before any Confidential Information is disclosed to any person described in Paragraphs 3 or 4 above, Plaintiff's attorneys shall fully explain to such person the terms of this Order, shall advise such person that the Confidential Information is subject to this Order and may not be disclosed to any other person, shall have such person read the Order, and ascertain that such person fully understands the terms of the Order. 6. Written Undertaking. In addition to the conditions described in Paragraph 5, before any Confidential Information is disclosed to any persons described in 3(b), 3(c), 3(e) or 4 above, Plaintiffs and/or defendant’s attorneys shall have such petson execute a written undertaking in the form of Exhibit A hereto. Plaintiff's and/or defendant’s attorneys shall tetain the originals of such undertakings. During the course of this litigation, if CSAA reasonably believes that Confidential Information is being disclosed in violation of this Order, CSAA’s attorneys may request to receive all the originals of such undertakings executed to date, and within ten (10) days of such request, Plaintiffs attorneys shall deliver all such undertakings to counsel for CSAA, unless Plaintiff believes that a ptivilege against disclosure exists. If the dispute between the parties to this agreement cannot be resolved informally, then CSAA and/or Plaintiff shall have the right to file a motion with this Court to seek terms appropriate for the disclosure or nondisclosure of the undertakings The originals of all such undertakings in the possession of Plaintiff's attorneys at the termination of this litigation shall be delivered to CSAA’s attorneys within fifteen (15) days of the termination of this litigation, in accordance with Paragraph 16 hereof. 7. Copies. All persons in receipt of Confidential Information, except the Court and court personnel, and parties to the litigation shall not make or cause to be made any copy 5 Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and Proprietary MaterialsCoe ND HW BR WHY YE Y NY Y YH N RN NY eB ee Bee ew ew ew ort naryr F YBN KH SHO we RAAARE ARTS © °o of any Confidential Information, except with the express permission of CSAA’s attorneys, which permission shall not be unreasonably withheld. 8. Filing Under Seal - Discovery Motions - C.R.C. 2.551(d). When filing or opposing a motion for discovery, counsel must deliver to the Clerk of the court any Discovery Material designated as “CONFIDENTIAL,” as well as any materials setting forth the substance of the Discovery Material, in a sealed envelope clearly marked as “CONFIDENTIAL.” 9. Filing Under Seal - Motions Other Than Discovery - C.R.C. 2.551 (a) When filing or opposing a motion related to matters other than discovery (a “Substantive Motion”), counsel must lodge conditionally under seal any material designated as “CONFIDENTIAL” as well as any materials setting forth the substance of that Material. CRC. 2.551(b)(4). Counsel must deliver such materials to the Clerk of the Coutt in a sealed envelope clearly marked as “CONFIDENTIAL” and “CONDITIONALLY UNDER SEAL,” and meeting the requirements of C.R.C. 2.551(d). At the time of the filing or lodging, the party or non-party making the filing or lodging must notify all parties and the petsons or entities that designated lodged material as “CONFIDENTIAL” of the lodging and provide a copy of the relevant documents. (b) The party or non-party lodging material identified as “CONFIDENTIAL” is required to file a motion to seal the record. C.R.C. 2.551(a). Any party or non-party with an interest in maintaining the confidentiality of the material identified as “CONFIDENTIAL” must file a motion to seal under C.R.C. 2.551(b). (©) Any motion to seal must be heard prior to or at the same time as the related Substantive Motion. Any motion to seal may be brought on shortened time. (@) In the absence of a contrary agreement, motions to seal must be filed no less than seven (7) calendar days before the heating on the Substantive Motion and any opposition must be filed no less than three (3) calendar days before the hearing on the Substantive Motion. 6 Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and Proprietary Materialsoe YN DW BF WwW YH NN Y NY NN NY KY Be Be ee Be Ee ew ee ont A WAR HH KF SOwMADAaARAa HLS © o © It is understood by and between the parties that nothing in this Stipulation and Protective Order determines that any document marked “confidential” qualifies for sealing under C.R.C. 2.550 or telieves any party from following the procedure on CRC. 2.551, and that to the extent any of the provisions of this Stipulation and Protective Order conflict with C.R.C. 2.550 — 2.551 or applicable local rules, the C.R.C. and/or local rules shall apply. 10. Use of Confidential Information. Confidential Information disclosed pursuant to this Protective Order shall not be used other than for purposes of this action. No Confidential Information shall be disclosed to any person unless the attorney desiring to disclose such information believes that such disclosure shall promote the prosecution of this action. 11. Storage of Confidential Information. The attorneys for Plaintiff and all other persons in receipt of Confidential Information shall maintain all Confidential Information in a filing cabinet, briefcase, or other secure, enclosed storage receptacle except when the Confidential Information is in active, immediate use. 12. Legend Attached To Confidential Information. Any legend attached to Confidential Information which refers to this Order shall not be removed (except during such time as is actually necessary to copy Confidential Information pursuant to this Order) and any copy of Confidential Information shall have attached to it at all times a prominent and legible legend which contains the same statement contained in the legend, if any, which was attached to the Confidential Information when it was furnished. 13. Depositions. Plaintiffs attorneys shall designate deposition testimony and exhibits as Confidential Information during the taking of any deposition. The transcript of such testimony and the exhibits so designated shall be marked in accordance with Paragraph 2 hereof. The deposition transcript, copies thereof, and the substance or contents of the oral testimony and exhibits shall in all respects be treated by the Plaintiffs attorneys as Confidential Information, and shall not be disclosed or filed with the Court except in accordance with the terms of this Order. CSAA’s attorneys may also designate deposition testimony and exhibits Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and Proprietary Materialsoe ND DH FF WN NY NR YY YN NN KY HB ew ee BA Oe oe ee EK ont AMF BH KF TBO wA AAA RH HAS © ° as Confidential Information during the taking of any deposition and may request that all persons other than the deponent, the reporter, counsel, and the individuals specified in Paragraphs 3(b), 3(c) and 3(e) hereof leave the deposition room during the confidential portion of the deposition. 14. Disputes Regarding Designation of Discovery Materials. (@) Any party may object to the designation of particular documents as CONFIDENTIAL by giving written notice to the producing party. Any such notice shall identify the documents to which the objection is directed and provide a brief statement of the basis for the objection. If the status of the documents cannot be resolved within ten (10) business days of the time the notice is received, the producing party may file an appropriate motion requesting that the Court rule on the disputed documents. In the event that a party files such a motion, the documents at issue shall be submitted to the Court (including any Master, Referee or Mediator designated by the Court) for in camera inspection. The disputed material shall remain protected as designated under this Order until the Court (including any Master, Referee or Mediator designated by the Court) rules on such motion. If a producing party fails to file such a motion within ten (10) days of the time the notice is received, or such other time period as may be mutually agreed upon or ordered by the Coutt, the documents shall no longer be deemed CONFIDENTIAL. (6) Ifa party fails to treat documents designated as CONFIDENTIAL in the manner provided herein, the remedy of the producing patty shall be to take such steps as are necessary to have such items placed under seal or restored to their CONFIDENTIAL status. In no event shall good faith or inadvertent disclosure of Confidential Information by a teceiving party or counsel be the basis for any motion for any other form of relief or of any other action. 15. Other Bases for Non-Disclosure. This Order is intended to prevent unnecessary disclosure of Discovery Materials that contain or reflect information that constitutes trade sectet, proprietary, or other confidential information of CSAA. CSAA 8 Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and Proprietary Materials© °o reserves the right to object to any production or disclosure of Discovery Materials on any other ground which CSAA may deem appropriate. 16. Return of Confidential Information and Delivery of Undertakings. Confidential Information, including all copies, notes, renderings, compilations, recordings, lists, microfilms, or other references thereof or thereto, and all undertakings referred to in Paragraph 6 hereof shall be returned to CSAA. Attorneys’ work product containing, referting to, or reflecting Confidential Information may be destroyed in lieu of being returned. 17. in: i i f jal_Inf ion. If a party receives Confidential Information and learns, by inadvertence or otherwise, that it has disclosed Confidential Information to any person or in any circumstance not authorized under this Stipulated Protective Order, that party must immediately (a) notify in writing the party who designated the material confidential of the unauthorized disclosures, (b) use its best efforts to retrieve all copies of the Confidential Information, and (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order. 18. Filing Protected Material. Without written permission from the disclosing party ot a court order secured after appropriate notice to all interested parties, a party may not file in the public record in this action any Confidential Information. A party seeking to file under seal any Confidential Information must comply with California Rules of Court, Rule 2.551. 19. Miscellaneous. (a) Right to Further Relief. Nothing in this Order abridges the right of any party to seek its modification by the Court in the future. (b) Right to Assert Other Objections. By stipulating to the entry of this Protective Order, no Party waives any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to object on the ground to use in evidence of any of the materials covered by this Protective Order. Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and Proprietary Materialsoo NY DH PF WN PNY YM YN NKR NY] Bw wee we —~ eCrI AAR OH F&F SF GOH RABE ERAS © 30 (©) _ The parties agree that counsel for CSAA may appear ex parte in the Sam Francisco County Superior Court pursuant to C.R.C. 3.1200 ef. seg, and Civil Local Rules 9 and 10 to have the Court approve and enter this Stipulated Protective Order. Dated: HEREFORD KERLEY, LLP By: _fidwhatdixerley, Esq. in Sc, fer, Fs . Attorney for Plains Peter Stalder Dated: _Bislog CODDINGTON, HICKS & DANFORTH Attorneys for Defendant CSAA Insurance Exchange THE STIPULATION OF THE PARTIES IS HEREBY ADOPTED AS THE ORDER OF THE COURT. IT O ORDERED. oa Oe 2014 ated: 5 Judge of the Siperior ERNEST H. GOLDSMITH 10 Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and Proprietary Materials0 Oo ND NH FF WN by yNYy NY YN NY DN Bee ew eH Be ew ew ew ew CI AA RF HHH SOMA AAR HNH ES EXHIBIT “A” L declare as follows: 1. I have tread the Stipulated Protective Order filed = on 2. An attorney with Hereford Kerley, LLP explained to me the meaning and effect of this undertaking and of the Stipulated Protective Order. I understand the meaning and effect of this undertaking and of the Stipulated Protective Order, and I agree to abide by and be bound by both. 3. I understand and agree that all materials designated as “CONFIDENTIAL” or “CONFIDENTIAL--PRODUCED IN CONNECTION WITH LITIGATION,” all copies, notes, or other records regarding such materials, and the substance or contents of such materials shall be disclosed to no one other than counsel for Plaintiff in this action, and that no copies of such materials may be made of such documents without the express written consent of such attorneys. 4. I hereby stipulate to submit to the jurisdiction of the Superior Court of the State of California for the County of San Francisco with regatd to any proceeding to enforce the terms of the Stipulated Protective Order against me, whether by way of contempt of court, by a civil action for an injunction and monetary damages, ot otherwise. I declare, under penalty of perjuty, under the laws of the State of California that the foregoing is true and correct. Executed this day of > 2014 at > California. i Stipulation and Protective Order Re Production and Dissemination of Trade Secret, Confidential and Proprietary Materials