Preview
Superior Court of California
Hyon M. Kien’ , Esq. - SBN 209579
aime Y. Ritton, sq. - SBN 303483 County of Butte
ora
CODDINGTON, HICKS & DANFORTH 12/8/2020
ional
555 Twin Dolphin Drive, Suite 300 E
Redwood City, CA 94065-2133 D
Tel.: 650.592.5400
Fax: 650.592.5027 By __ e e ee
Electronically FILED
Deput;
ATTORNEYS FOR D efendant
CSAA Insurance Exchange
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FORTHE COUNTY OF BUTTE
10
11 PHILIP WYSOCKI, an individual, and Case No. 19CV02710
MICHELLE WYSOCKI, an individual,
12 NOTICE OF ENTRY OF ORDER
Plaintiffs,
13
vs.
14
CSAA INSURANCE EXCHANGE, an
15 unincorporated association, and DOES 1-20,
16 Defendants.
17
18 TO: PLAINTIFFS AND TO THEIR ATTORNEYS OF RECORD:
19 PLEASE TAKE NOTICE that attached hereto as Exhibit A, is a true and correct copy
20 of the Court’s Order Regarding Production and Dissemination of Trade Secret, Confidential
21 and Proprietary Materials, which order was signed and filed on November 20, 2020.
22 Dated: December 8, 2020 CODDINGTON, HICKS & DANFORTH
23 | J aimeY
. Ritton
aime Y. Ritton
Attomeys for D efendant
25 CSAA Insurance Exchange
26
27
28
Notice of En of Order
Case No: 19CV02710 721659
EXHIBIT A
CODDINGTON 11/16/2020
Hicks & DANFORTH
NOV 30 2020 F
‘Superior Court of California
County of Butte F
Hyon M. Kientzy, Esq. — SB yp09579 | |
EuivroRt—
Jaime Y. Ritton, Es:
CODDINGTON, a ICKS L
E
11/20/2020 L
A Professional Corporatio: n, Lawyers E
555 Twin Dolphin Drive, Suite 300 D
Redwood City, CA 94065-2133 puty
Tel: 650.592.5400
Fax: 650.592.5027
ATTORNEYS FOR Defendant
CSAA Insurance Exchange
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA.
IN AND FOR THE COUNTY OF BUTTE
10
ll PHILIP WYSOCKI, an individual, and Case No. 19CV02710
MICHELLE WYSOCKI, an individual,
12 STIPULATION AND PROTECTIVE
Plaintiffs, ORDER REGARDING PRODUCTION
13 AND DISSEMINATION OF TRADE
VS. SECRET, CONFIDENTIAL AND
14 PROPRIETARY MATERIALS
CSAA INSURANCE EXCHANGE, an
15 unincorporated association, and DOES 1-20,
16 Defendants.
17
18 This Stipulated Protective Order is entered into by and between plaintiffs Philip
19 Wysocki and Michelle Wysocki (hereinafter “Plaintiffs”) and defendant CSAA Insurance
20 Exchange (hereinafter “CSAA”), by and through their respective attorneys, and is made with
21 reference to the following facts:
22 A Disclosure and discovery activity in this action are likely to involve the
23 production of confidential, proprietary, or private information for which special protection
24 from public disclosure and from use for any purpose other than prosecuting this litigation
25 would be warranted. Accordingly, the parties hereby stipulate to and petition the court to
26 enter the following Stipulated Protective Order, The parties acknowledge that this Order does
27 not confer blanket protections on all disclosures or responses to discovery, and that the
28 protection it affords extends only to the limited information or items that are entitled under
1
STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION
Case No: 19CV02710 713807
Electronically Filed
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 O rder creates no
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 court 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 attomeys of record for Plaintiffs in this action.
Cc The parties hereto desire to stipulate to a protective order sanctioned by the
10 Court to protect such trade secret, proprietary information, or other confidential information
11 from unnecessary disclosure to others.
12 ACCORDINGLY, the parties hereto, by and through their respective attomeys of
13 record, STIPULATE AND AGREE to the following protective order:
14 1 Scope of the Order. Each party that designates information or items for
15 protection under this Order must take care to limit any such designation to specific material
16 that qualifies under the appropriate standards. A designating party must take care to designate
17 for protection only those parts of materials, documents, items, or oral or written
18 communications that qualify - so that other portions of the material, documents, items, or
19 communications for which protection is not warranted are not swept unjustifiably within the
20 ambit of this Order. Mass or indiscriminate designations are prohibited. D esignations that are
21 shown to be clearly unjustified, or that have been made for an improper purpose (e.g., to
22 unnecessarily encumber or retard the case development process, or to impose unnecessary
23 expenses and burdens on other parties), expose the designating party to sanctions.
If it comes to a party’s attention that information or items that it designated for
25 protection do not qualify for protection at all, or do not qualify for the level of protection
26 initially asserted, that party must promptly notify all other parties that it is withdrawing the
27 mistaken designation.
28
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STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION
Case No: 19CV02710 713807
Except as otherwise provided in this O rder, or as otherwise stipulated or ordered,
material that qualifies for protection under this O rder must be clearly so designated before the
material is disclosed or produced.
This Stipulated Protective Order covers the production of all Discovery Materials
(hereinafter 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 circulars, memoranda, accounting records and worksheets, charts,
notes, estimates, summaries, responses to interrogatories, responses to requests for admissions,
10 deposition testimony, and any taped, recorded, written, or typed matters of any kind or
11 description, including originals, copies, and non-identical copies (whether different from the
12 originals by reason of any notation made on the copies or otherwise), and any physical objects,
13 samples, or other tangible items.
14 2 Designation of Confidential Information. Discovery Materials or portions
15 thereof which CSAA deems to contain trade secret, proprietary, or other confidential
16 information may be marked with the designation “CONFIDENTIAL.” The Discovery
17 Materials or portions thereof so designated shall hereinafter be referred to as “Confidential
18 Information.”
19 3. Recipients of Confidential Information. Any party may use Confidential
20 Information that is disclosed or produced by another party in connection with this case only
21 for prosecuting, defending or attempting to settle this litigation. Such Confidential
22 Information may be disclosed only to the categories of persons and under the conditions
23 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
25 dealing with the return of Confidential Information. Confidential Information may only be
26 disclosed to the following persons:
27 (a) Counsel of record representing any party in this action and employees
28 (including independent contractors) of such counsel;
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STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION
Case No: 19CV02710 713807
(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;
(c) 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;
(e) Witnesses or potential witnesses; provided, however that Confidential
Information shall be disclosed to such persons only to the extent necessary for purposes of
10 this action and no copies shall be retained by such person; and on each occasion that
11 documents designated CONFIDENTIAL are disclosed to any such person, they shall be
12 advised that this Order is in effect and that no CONFIDENTIAL documents (or any part
13 thereto) may be disclosed to any person unless authorized by this Order may result in
14 substantial penalties against the person and may be punishable to the full extent provided for
15 by law. Counsel disclosing Confidential Information to any such witness shall make and retain
16 an appropriate record of such advisement;
17 () The Court (including any Master, Referee or Mediator) and any of their
18 staff or employees working on this action;
19 (9) Court reporters, including stenographers and video technicians; and
20 (h) Copying and computer services for the purpose of copying or indexing
21 documents provided that all Confidential Information is retrieved by the party fuishing it
22 upon completion of the lawsuit.
23 (i) The producing party may disclose its documents designated
CONFIDENTIAL produced in this case to any person(s), with or without any conditions to
25 such disclosure as it deems appropriate, and such disclosure will not cause the documents
26 produced to be deemed to have lost their CONFID ENTIAL designation pursuant to this
27 Stipulated Protective Order so long as disclosure is made in a manner reasonably calculated to
28 maintain the confidentiality of such documents.
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STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION
Case No: 19CV02710 713807
4 Disclosure to Experts and Consultants. Confidential Information may be
disclosed to persons described in paragraph 3(b) only to the extent that access to such
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, Plaintiffs’ attorneys shall fully
explain to such person the terms of this Order, shall advise such person that the Confidential
10 Information is subject to this O rder and may not be disclosed to any other person, shall have
11 such person read the Order, and ascertain that such person fully understands the terms of the
12 Order.
13 6 Written Undertaking. In addition to the conditions described in Paragraph 5,
14 before any Confidential Information is disclosed to any persons described in 3(b), 3(c), 3(e) or
15 4 above, Plaintiffs’ and/ or CSAA’s attorneys shall have such person execute a written
16 undertaking in the form of Exhibit A hereto. Plaintiffs’ and/ or CSAA’s attorneys shall retain
17 the originals of such undertakings. D uring the course of this litigation, if CSAA reasonably
18 believes that Confidential Information is being disclosed in violation of this Order, CSAA’s
19 attorneys may request to receive all the originals of such undertakings executed to date, and
20 within ten (10) days of such request, Plaintiffs’ attorneys shall deliver all such undertakings to
21 counsel for CSAA, unless Plaintiffs’ believe that a privilege against disclosure exists. If the
22 dispute between the parties to this agreement cannot be resolved informally, then CSAA
23 and/ or Plaintiffs 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
25 in the possession of Plaintiffs’ attorneys at the termination of this litigation shall be delivered
26 to CSAA’s attorneys within fifteen (15) days of the termination of this litigation, in accordance
27 with Paragraph 16 hereof.
28
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STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION
Case No: 19CV02710 713807
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
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. When filing or opposing
a motion for discovery, counsel must deliver to the Clerk of the court any Discovery Material
designated as “CONFIDENTIAL” and marked as “CONDITIONALLY UNDER SEAL,” as
well as any materials setting forth the substance of the Discovery Material, in a sealed envelope
clearly marked as “CONFIDENTIAL” and “CONDITIONALLY UNDER SEAL.”
10 9 Filing Under Seal - Motions O ther Than Discovery - C.R.C. 2.551
11 (a) When filing or opposing a motion related to matters other than discovery
12 (a “Substantive Motion”), counsel must lodge conditionally under seal any material designated
13 as “CONFIDENTIAL” and “CONDITIONALLY UNDER SEAL” as well as any materials
14 setting forth the substance of that Material. C-R.C. 2.551(b)(4). Counsel must deliver such
15 materials to the Clerk of the Court in a sealed envelope clearly marked as
16 “CONFIDENTIAL” and “CONDITIONALLY UNDER SEAL,” and meeting the
17 requirements of C.R.C. 2.551(d). At the time of the filing or lodging, the party or non-party
18 making the filing or lodging must notify all parties and the persons or entities that designated
19 lodged material as “CO NFID ENTIAL” of the lodging and provide a copy of the relevant
20 documents.
21 (b) The party or non-party lodging material identified as
22 “CONFIDENTIAL? is required to file a motion to seal the record. C.R.C. 2.551(a). Any party
23 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).
25 (c) Any motion to seal must be heard prior to or at the same time as the
26 related Substantive Motion. Any motion to seal may be brought on shortened time.
27 (d) In the absence of a contrary agreement, motions to seal must be filed no
28 less than seven (7) calendar days before the hearing on the Substantive Motion and any
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STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION
Case No: 19CV02710 713807
opposition must be filed no less than three (3) calendar days before the hearing on the
Substantive Motion.
(e) 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 relieves any party from following the procedure on
C.R.C. 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
10 to this Protective Order shall not be used other than for purposes of this action. No
11 Confidential Information shall be disclosed to any person unless the attorney desiring to
12 disclose such information believes that such disclosure shall promote the prosecution of this
13 action.
14 11, Storage of Confidential Information. The attomeys for Plaintiffs and all other
15 persons in receipt of Confidential Information shall maintain all Confidential Information in a
16 filing cabinet, briefcase, or other secure, enclosed storage receptacle except when the
17 Confidential Information is in active, immediate use.
18 12. Legend Attached To Confidential Information. Any legend attached to
19 Confidential Information which refers to this O rder shall not be removed (except during such
20 time as is actually necessary to copy Confidential Information pursuant to this Order) and any
21 copy of Confidential Information shall have attached to it at all times a prominent and legible
22 legend which contains the same statement contained in the legend, if any, which was attached
23 to the Confidential Information when it was furnished.
13, Depositions. Plaintiffs’ attorneys shall designate deposition testimony and
25 exhibits as Confidential Information during the taking of any deposition. The transcript of
26 such testimony and the exhibits so designated shall be marked in accordance with Paragraph 2
27 hereof. The deposition transcript, copies thereof, and the substance or contents of the oral
28 testimony and exhibits shall in all respects be treated by the Plaintiffs’ attorneys as Confidential
7
STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION
Case No: 19CV02710 713807
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
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 D esignation of Discovery Materials.
(a) Any party may object to the designation of particular documents as
CONFIDENTIAL by giving written notice to the producing party. Any such notice shall
10 identify the documents to which the objection is directed and provide a brief statement of the
11 basis for the objection. If the status of the documents cannot be resolved within ten (10)
12 business days of the time the notice is received, the producing party may file an appropriate
13 motion requesting that the Court rule on the disputed documents. In the event that a party
14 files such a motion, the documents at issue shall be submitted to the Court (including any
15 Master, Referee or Mediator designated by the Court) for in camera inspection. The disputed
16 material shall remain protected as designated under this Order until the Court (including any
17 Master, Referee or Mediator designated by the Court) rules on such motion. If a producing
18 party fails to file such a motion within ten (10) days of the time the notice is received, or such
19 other time period as may be mutually agreed upon or ordered by the Court, the documents
20 shall no longer be deemed CONFIDENTIAL.
21 (b) If a party fails to treat documents designated as CONFIDENTIAL in the
22 manner provided herein, the remedy of the producing party shall be to take such steps as are
23 necessary to have such items placed under seal or restored to their CO NFID ENTIAL status.
In no event shall good faith or inadvertent disclosure of Confidential Information by a
25 receiving party or counsel be the basis for any motion for any other form of relief or of any
26 other action.
27 15. Other Bases for Non-Disclosure. This O rder is intended to prevent
28 unnecessary disclosure of Discovery Materials that contain or reflect information that
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STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION
Case No: 19CV02710 713807
constitutes trade secret, proprietary, or other confidential information of CSAA. CSAA
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 D elivery 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. Attomeys’ work product containing, referring to, or reflecting
Confidential Information may be destroyed in lieu of being returned.
17, Unauthorized Disclosure of Confidential Information. If a party receives
10 Confidential Information and learns, by inadvertence or otherwise, that it has disclosed
11 Confidential Information to any person or in any circumstance not authorized under this
12 Stipulated Protective O rder, that party must immediately (a) notify in writing the party who
13 designated the material confidential of the unauthorized disclosures, (b) use its best efforts to
14 retrieve all copies of the Confidential Information, and (c) inform the person or persons to
15 whom unauthorized disclosures were made of all the terms of this Order.
16 18. Filing Protected Material. Without written permission from the disclosing party
17 or acourt order secured after appropriate notice to all interested parties, a party may not file in
18 the public record in this action any Confidential Information. A party seeking to file under
19 seal any Confidential Information must comply with California Rules of Court, Rule 2.551.
20 19, Miscellaneous.
21 (a) Right to Further Relief. Nothing in this Order abridges the right of any
22 party to seek its modification by the Court in the future.
23 (b) Right to Assert O ther Objections. By stipulating to the entry of this
Protective Order, no Party waives any right it otherwise would have to object to disclosing or
25 producing any information or item on any ground not addressed in this Stipulated Protective
26 Order. Similarly, no Party waives any right to object on the ground to use in evidence of any
27 of the materials covered by this Protective O rder.
28
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STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION
Case No: 19CV02710 713807
© The parties agree that counsel for CSAA may appear ex parte in the Butte
County Superior Court pursuant to C.R.C. 3.1200 ¢7. seg. to have the Court approve and enter
this Stipulated Protective Order.
Mem
11/9/2020
Date JKKERLEY SCHAFFER LLP
J. Edward Kerley, Esq.
bye L. Schaffer
10 Attorneys for Plaintiffs Philip Wysocki and
Michelle Wysocki
11
12
Dated: 11/16/2020 CODDINGTON, HICKS & DANFORTH
1
14
Bl Joie Y. Ritton
By:
Hyon M. Kientzy
15 Jaime Y. Ritton
Attorneys for Defendant
16 CSAA Insurance Exchange
17
THE STIPULATION OF THE PARTIES IS HEREBY ADOPTED AS THE
1
ORDER OF THE COURT.
19
20 IT IS SO ORDERED.
21
22
Dated 11/20/2020
2
Tamara L. Mosbarger
24
25
26
27
28
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STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION
Case No: 19CV02710 713807
EXHIBIT “A”
1, aa + , declare as follows:
I have read the Stipulated Protective Order filed on
aa
An attorney with the firm of Kerley Schaffer 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
10
“CONFIDENTIAL” or “CONFIDENTIAL--PRODUCED IN CONNECTION WITH
11
LITIGATION,” all copies, notes, or other records regarding such materials, and the substance
12
or contents of such materials shall be disclosed to no one other than counsel for Plaintiffs in
13
this action, and that no copies of such materials may be made of such documents without the
14
express written consent of such attomeys.
15
4. I hereby stipulate to submit to the jurisdiction of the Superior Court of the State
16
of California for the County of Butte with regard to any proceeding to enforce the terms of the
17
Stipulated Protective O rder against me, whether by way of contempt of court, by a civil action
18
for an injunction and monetary damages, or otherwise.
19
I declare, under penalty of perjury, under the laws of the State of California that the
20
foregoing is true and correct.
21
Executed this day of 202 at —-
22
California.
23
25
aa ee
26
27
28
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STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION
Case No: 19CV02710 713807
PROOF OF SERVICE
California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5
California Rule of Court rule 2.251
Federal Rule of Civil Procedure Rule 5(b)
I, the undersigned, declare that I am employed in the County of San Mateo, State of
California. I am over the age of eighteen (18) years and not a party to the within action. My
business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My
electronic mail address is sheri@chdlawyers.com.
Tam readily familiar with my employet’s business practice for collection and processing
of correspondence and documents for mailing with the United States Postal Service, mailing via
10 overnight delivery, transmission by facsimile machine, and delivery by hand.
ll On November 16, 2020, I served a copy of each of the documents listed below by
12 placing them for processing as indicated herein.
13 STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION
AND DISSEMINATION OF TRADE SECRET, CONFIDENTIAL AND
14 PROPRIETARY MATERIALS
15 United States Mail: The correspondence or documents were placed in sealed,
labeled envelopes with postage thereon fully prepaid on the above date placed for
16 collection and mailing at my place of business to be deposited with the U.S. Postal
Service at Redwood City, California on this same date in the ordinary coutse of
17 business.
18 Overnight Delivery: The correspondence or documents were placed in sealed,
labeled ackas ging for overni; ht deli very, with Federal Express, with all charges to
19 b th
be paid y my employer on the above date for collection at m place of business to
20
be deposited in a facility regularly maintained by the ove:
delivered to a courier or driver authorized by the overnight
such packages, on this date in the ordinary course of business.
uel h
“delit delivery carrier, or
ivety carrier to receive
21
Hand Delivery: The correspondence or documents were placed in sealed, labeled
22 envelopes and setved by personal deliv to the party or attorney indicated herein,
ot if upon attorney, by leaving the | abele d envelopes with a receptionist or other
23 person having charge of the attorney’s office.
24 Facsimile Transmission: The correspondence or documents were placed for
transmission from (650) 592-5027 at Redwood City, California, and were transmitted
25 to a facsimile machine maintained by the atty or attotney to be served at the
facsimile machine telephone number i i
b
tovi ee d y said party or attorney, on this
26 same date in the ordinary course of usiness. he transmission was teported as
complete and without error, and a record of the transmission was properly issued by
27 the transmitting facsimile machine.
28 //1
—_A~__ Electronic Transmission: The correspondence or documents were transmitted
electronically to the electronic address set forth below.
State. The recipient has filed and served notice that he or she accepts
electronic service; the recipient has electronically filed a document with the court;
and/or the Court has mandated that the parties serve documents through its Court
approved vendor. The printed form of this document bearing the original signature
is on file and available for inspection at the request of the court or any patty to the
action ot proceeding in which it is filed, in the manner provided in California Rule of
Court Rule 2.257(a).
Federal. The recipient of this electronic service has consented to this
method of service in writing, a copy of which is on file and available for inspection
in my employet’s office. I have received no indication the electronic transmission did
not reach the recipient.
PERSONS OR PARTIES SERVED:
10 Attorney for Plaintiff:
11 J. Edward Kerley, Esq.
Dylan L. Schaffer, Esq.
12 Kerley Schaffer LLP
1939 Harrison Street, #500
13 Oakland, CA 94612
14 Telephone: (510) 379-5801
Facsimile: (510) 228-0350
15 E-mail: service@kslaw.us
16 I certify (or declare) under penalty of perjury under the laws of the State of California
17 that the foregoing is true and correct and that this declaration was executed on November 16,
18 2020.
19
Mile Clone
20 Sheri Darbonne
21 Court: Superior Court of California, Butte County
Action No: 19CV02710
22 Case Name: W)socki ». CSAA IE
23
24
25
26
27
28
—
PROOF OF SERVICE
California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5
California Rule of Court rule 2.251
Federal Rule of Civil Procedure Rule 5(b)
I, the undersigned, declare that I am employed in the County of San Mateo, State of
California. I am over the age of eighteen (18) years and not a party to the within action. My
business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My
electronic mail address is sheri@chdlawyers.com.
I am readily familiar with my employer’s business practice for collection and processing
of correspondence and documents for mailing with the United States Postal Service, mailing via
10 overnight delivery, transmission by facsimile machine, and delivery by hand.
11 On December 8, 2020, I served a copy of each of the documents listed below by placing
12 them for processing as indicated herein.
13 Notice of Entry of Order
14 United States Mail: The correspondence or documents were placed in sealed,
labeled envelopes with postage thereon fully prepaid on the above date placed for
15 collection and mailing at my place of business to be deposited with the U.S. Postal
Setvice at Redwood City, California on this same date in the ordinary course of
16 business.
17 Overnight Delivery: The correspondence or documents were placed in sealed,
labeled packaging for overnight delivery, with Federal Express, with all charges to
18 be paid my employer on the above date for collection at m place of business to
19
h
be deposited in a facility regularly maintained by the overni t delivery carrier, or
delivered to a courier or driver authorized by the overnight delivery carrier to receive
such packages, on this date in the ordinary course of business.
20
Hand Delivery: The correspondence or documents were placed in sealed, labeled
21 envelopes and served by personal delivery to the patty or attorney indicated herein,
ot if upon attorney, by leaving the labeled envelopes with a receptionist or other
22 person having charge of the attorney’s office.
23 Facsimile Transmission: The correspondence or documents wete placed for
transmission from (650) 592-5027 at Redwood City, California, and were transmitted
24
25
facsimile machine telephone numbet
same date in the ordinary course of business.
& th
to a facsimile machine maintained by the atty or attorney to be setved at the
rovi Ce d said party or attorney, on this
@ transmission was reported as
complete and without error, and a record of the transmission was propetly issued by
26 the transmitting facsimile machine.
27 ///
28 ///
Electronic Transmission: The correspondence or documents were transmitted
electronically to the electronic address set forth below.
State. The recipient has filed and served notice that he or she accepts
electronic service; the recipient has electronically filed a document with the court;
and/or the Court has mandated that the parties serve documents through its Court
approved vendor. The printed form of this document bearing the original signature
is on file and available for inspection at the request of the court or any patty to the
ulefe 2.257(a).
action o! ot roceeding in which it is filed, in the manner provided in California Rule of
Court Ri
Federal. The recipient of this electronic service has consented to this
method of service in writing, a copy of which is on file and available for inspection
in my employet’s office. I have received no indication the electronic transmission did
not teach the recipient.
PERSONS OR PARTIES SERVED:
10 Attorney for Plaintitt:
11 J. Edward Kerley, Esq.
Dylan L. Schaffer, Esq.
12 Kerley Schaffer LLP
1939 Harrison Street, #500
13 Oakland, CA 94612
14 Telephone: (510) 379-5801
Facsimile: (510) 228-0350
1S E-mail: service@kslaw.us
16 I certify (or declare) under penalty of perjury under the laws of the State of California
17 that the foregoing is true and correct and that this declaration was executed on December 8,
18 2020.
19
20 Sheti Darbonne
21 Court: Superior Court of California, Butte County
Action No: 19CV02710
22 Case Name: Wysocki v. CSAA IE
23
24
25
26
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28
Preview
Superior Court of California Hyon M. Kien’ , Esq. - SBN 209579 aime Y. Ritton, sq. - SBN 303483 County of Butte ora CODDINGTON, HICKS & DANFORTH 12/8/2020 ional 555 Twin Dolphin Drive, Suite 300 E Redwood City, CA 94065-2133 D Tel.: 650.592.5400 Fax: 650.592.5027 By __ e e ee Electronically FILED Deput; ATTORNEYS FOR D efendant CSAA Insurance Exchange IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FORTHE COUNTY OF BUTTE 10 11 PHILIP WYSOCKI, an individual, and Case No. 19CV02710 MICHELLE WYSOCKI, an individual, 12 NOTICE OF ENTRY OF ORDER Plaintiffs, 13 vs. 14 CSAA INSURANCE EXCHANGE, an 15 unincorporated association, and DOES 1-20, 16 Defendants. 17 18 TO: PLAINTIFFS AND TO THEIR ATTORNEYS OF RECORD: 19 PLEASE TAKE NOTICE that attached hereto as Exhibit A, is a true and correct copy 20 of the Court’s Order Regarding Production and Dissemination of Trade Secret, Confidential 21 and Proprietary Materials, which order was signed and filed on November 20, 2020. 22 Dated: December 8, 2020 CODDINGTON, HICKS & DANFORTH 23 | J aimeY . Ritton aime Y. Ritton Attomeys for D efendant 25 CSAA Insurance Exchange 26 27 28 Notice of En of Order Case No: 19CV02710 721659 EXHIBIT A CODDINGTON 11/16/2020 Hicks & DANFORTH NOV 30 2020 F ‘Superior Court of California County of Butte F Hyon M. Kientzy, Esq. — SB yp09579 | | EuivroRt— Jaime Y. Ritton, Es: CODDINGTON, a ICKS L E 11/20/2020 L A Professional Corporatio: n, Lawyers E 555 Twin Dolphin Drive, Suite 300 D Redwood City, CA 94065-2133 puty Tel: 650.592.5400 Fax: 650.592.5027 ATTORNEYS FOR Defendant CSAA Insurance Exchange IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA. IN AND FOR THE COUNTY OF BUTTE 10 ll PHILIP WYSOCKI, an individual, and Case No. 19CV02710 MICHELLE WYSOCKI, an individual, 12 STIPULATION AND PROTECTIVE Plaintiffs, ORDER REGARDING PRODUCTION 13 AND DISSEMINATION OF TRADE VS. SECRET, CONFIDENTIAL AND 14 PROPRIETARY MATERIALS CSAA INSURANCE EXCHANGE, an 15 unincorporated association, and DOES 1-20, 16 Defendants. 17 18 This Stipulated Protective Order is entered into by and between plaintiffs Philip 19 Wysocki and Michelle Wysocki (hereinafter “Plaintiffs”) and defendant CSAA Insurance 20 Exchange (hereinafter “CSAA”), by and through their respective attorneys, and is made with 21 reference to the following facts: 22 A Disclosure and discovery activity in this action are likely to involve the 23 production of confidential, proprietary, or private information for which special protection 24 from public disclosure and from use for any purpose other than prosecuting this litigation 25 would be warranted. Accordingly, the parties hereby stipulate to and petition the court to 26 enter the following Stipulated Protective Order, The parties acknowledge that this Order does 27 not confer blanket protections on all disclosures or responses to discovery, and that the 28 protection it affords extends only to the limited information or items that are entitled under 1 STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION Case No: 19CV02710 713807 Electronically Filed 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 O rder creates no 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 court 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 attomeys of record for Plaintiffs in this action. Cc The parties hereto desire to stipulate to a protective order sanctioned by the 10 Court to protect such trade secret, proprietary information, or other confidential information 11 from unnecessary disclosure to others. 12 ACCORDINGLY, the parties hereto, by and through their respective attomeys of 13 record, STIPULATE AND AGREE to the following protective order: 14 1 Scope of the Order. Each party that designates information or items for 15 protection under this Order must take care to limit any such designation to specific material 16 that qualifies under the appropriate standards. A designating party must take care to designate 17 for protection only those parts of materials, documents, items, or oral or written 18 communications that qualify - so that other portions of the material, documents, items, or 19 communications for which protection is not warranted are not swept unjustifiably within the 20 ambit of this Order. Mass or indiscriminate designations are prohibited. D esignations that are 21 shown to be clearly unjustified, or that have been made for an improper purpose (e.g., to 22 unnecessarily encumber or retard the case development process, or to impose unnecessary 23 expenses and burdens on other parties), expose the designating party to sanctions. If it comes to a party’s attention that information or items that it designated for 25 protection do not qualify for protection at all, or do not qualify for the level of protection 26 initially asserted, that party must promptly notify all other parties that it is withdrawing the 27 mistaken designation. 28 2 STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION Case No: 19CV02710 713807 Except as otherwise provided in this O rder, or as otherwise stipulated or ordered, material that qualifies for protection under this O rder must be clearly so designated before the material is disclosed or produced. This Stipulated Protective Order covers the production of all Discovery Materials (hereinafter 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 circulars, memoranda, accounting records and worksheets, charts, notes, estimates, summaries, responses to interrogatories, responses to requests for admissions, 10 deposition testimony, and any taped, recorded, written, or typed matters of any kind or 11 description, including originals, copies, and non-identical copies (whether different from the 12 originals by reason of any notation made on the copies or otherwise), and any physical objects, 13 samples, or other tangible items. 14 2 Designation of Confidential Information. Discovery Materials or portions 15 thereof which CSAA deems to contain trade secret, proprietary, or other confidential 16 information may be marked with the designation “CONFIDENTIAL.” The Discovery 17 Materials or portions thereof so designated shall hereinafter be referred to as “Confidential 18 Information.” 19 3. Recipients of Confidential Information. Any party may use Confidential 20 Information that is disclosed or produced by another party in connection with this case only 21 for prosecuting, defending or attempting to settle this litigation. Such Confidential 22 Information may be disclosed only to the categories of persons and under the conditions 23 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 25 dealing with the return of Confidential Information. Confidential Information may only be 26 disclosed to the following persons: 27 (a) Counsel of record representing any party in this action and employees 28 (including independent contractors) of such counsel; 3 STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION Case No: 19CV02710 713807 (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; (c) 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; (e) Witnesses or potential witnesses; provided, however that Confidential Information shall be disclosed to such persons only to the extent necessary for purposes of 10 this action and no copies shall be retained by such person; and on each occasion that 11 documents designated CONFIDENTIAL are disclosed to any such person, they shall be 12 advised that this Order is in effect and that no CONFIDENTIAL documents (or any part 13 thereto) may be disclosed to any person unless authorized by this Order may result in 14 substantial penalties against the person and may be punishable to the full extent provided for 15 by law. Counsel disclosing Confidential Information to any such witness shall make and retain 16 an appropriate record of such advisement; 17 () The Court (including any Master, Referee or Mediator) and any of their 18 staff or employees working on this action; 19 (9) Court reporters, including stenographers and video technicians; and 20 (h) Copying and computer services for the purpose of copying or indexing 21 documents provided that all Confidential Information is retrieved by the party fuishing it 22 upon completion of the lawsuit. 23 (i) The producing party may disclose its documents designated CONFIDENTIAL produced in this case to any person(s), with or without any conditions to 25 such disclosure as it deems appropriate, and such disclosure will not cause the documents 26 produced to be deemed to have lost their CONFID ENTIAL designation pursuant to this 27 Stipulated Protective Order so long as disclosure is made in a manner reasonably calculated to 28 maintain the confidentiality of such documents. 4 STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION Case No: 19CV02710 713807 4 Disclosure to Experts and Consultants. Confidential Information may be disclosed to persons described in paragraph 3(b) only to the extent that access to such 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, Plaintiffs’ attorneys shall fully explain to such person the terms of this Order, shall advise such person that the Confidential 10 Information is subject to this O rder and may not be disclosed to any other person, shall have 11 such person read the Order, and ascertain that such person fully understands the terms of the 12 Order. 13 6 Written Undertaking. In addition to the conditions described in Paragraph 5, 14 before any Confidential Information is disclosed to any persons described in 3(b), 3(c), 3(e) or 15 4 above, Plaintiffs’ and/ or CSAA’s attorneys shall have such person execute a written 16 undertaking in the form of Exhibit A hereto. Plaintiffs’ and/ or CSAA’s attorneys shall retain 17 the originals of such undertakings. D uring the course of this litigation, if CSAA reasonably 18 believes that Confidential Information is being disclosed in violation of this Order, CSAA’s 19 attorneys may request to receive all the originals of such undertakings executed to date, and 20 within ten (10) days of such request, Plaintiffs’ attorneys shall deliver all such undertakings to 21 counsel for CSAA, unless Plaintiffs’ believe that a privilege against disclosure exists. If the 22 dispute between the parties to this agreement cannot be resolved informally, then CSAA 23 and/ or Plaintiffs 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 25 in the possession of Plaintiffs’ attorneys at the termination of this litigation shall be delivered 26 to CSAA’s attorneys within fifteen (15) days of the termination of this litigation, in accordance 27 with Paragraph 16 hereof. 28 5 STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION Case No: 19CV02710 713807 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 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. When filing or opposing a motion for discovery, counsel must deliver to the Clerk of the court any Discovery Material designated as “CONFIDENTIAL” and marked as “CONDITIONALLY UNDER SEAL,” as well as any materials setting forth the substance of the Discovery Material, in a sealed envelope clearly marked as “CONFIDENTIAL” and “CONDITIONALLY UNDER SEAL.” 10 9 Filing Under Seal - Motions O ther Than Discovery - C.R.C. 2.551 11 (a) When filing or opposing a motion related to matters other than discovery 12 (a “Substantive Motion”), counsel must lodge conditionally under seal any material designated 13 as “CONFIDENTIAL” and “CONDITIONALLY UNDER SEAL” as well as any materials 14 setting forth the substance of that Material. C-R.C. 2.551(b)(4). Counsel must deliver such 15 materials to the Clerk of the Court in a sealed envelope clearly marked as 16 “CONFIDENTIAL” and “CONDITIONALLY UNDER SEAL,” and meeting the 17 requirements of C.R.C. 2.551(d). At the time of the filing or lodging, the party or non-party 18 making the filing or lodging must notify all parties and the persons or entities that designated 19 lodged material as “CO NFID ENTIAL” of the lodging and provide a copy of the relevant 20 documents. 21 (b) The party or non-party lodging material identified as 22 “CONFIDENTIAL? is required to file a motion to seal the record. C.R.C. 2.551(a). Any party 23 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). 25 (c) Any motion to seal must be heard prior to or at the same time as the 26 related Substantive Motion. Any motion to seal may be brought on shortened time. 27 (d) In the absence of a contrary agreement, motions to seal must be filed no 28 less than seven (7) calendar days before the hearing on the Substantive Motion and any 6 STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION Case No: 19CV02710 713807 opposition must be filed no less than three (3) calendar days before the hearing on the Substantive Motion. (e) 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 relieves any party from following the procedure on C.R.C. 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 10 to this Protective Order shall not be used other than for purposes of this action. No 11 Confidential Information shall be disclosed to any person unless the attorney desiring to 12 disclose such information believes that such disclosure shall promote the prosecution of this 13 action. 14 11, Storage of Confidential Information. The attomeys for Plaintiffs and all other 15 persons in receipt of Confidential Information shall maintain all Confidential Information in a 16 filing cabinet, briefcase, or other secure, enclosed storage receptacle except when the 17 Confidential Information is in active, immediate use. 18 12. Legend Attached To Confidential Information. Any legend attached to 19 Confidential Information which refers to this O rder shall not be removed (except during such 20 time as is actually necessary to copy Confidential Information pursuant to this Order) and any 21 copy of Confidential Information shall have attached to it at all times a prominent and legible 22 legend which contains the same statement contained in the legend, if any, which was attached 23 to the Confidential Information when it was furnished. 13, Depositions. Plaintiffs’ attorneys shall designate deposition testimony and 25 exhibits as Confidential Information during the taking of any deposition. The transcript of 26 such testimony and the exhibits so designated shall be marked in accordance with Paragraph 2 27 hereof. The deposition transcript, copies thereof, and the substance or contents of the oral 28 testimony and exhibits shall in all respects be treated by the Plaintiffs’ attorneys as Confidential 7 STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION Case No: 19CV02710 713807 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 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 D esignation of Discovery Materials. (a) Any party may object to the designation of particular documents as CONFIDENTIAL by giving written notice to the producing party. Any such notice shall 10 identify the documents to which the objection is directed and provide a brief statement of the 11 basis for the objection. If the status of the documents cannot be resolved within ten (10) 12 business days of the time the notice is received, the producing party may file an appropriate 13 motion requesting that the Court rule on the disputed documents. In the event that a party 14 files such a motion, the documents at issue shall be submitted to the Court (including any 15 Master, Referee or Mediator designated by the Court) for in camera inspection. The disputed 16 material shall remain protected as designated under this Order until the Court (including any 17 Master, Referee or Mediator designated by the Court) rules on such motion. If a producing 18 party fails to file such a motion within ten (10) days of the time the notice is received, or such 19 other time period as may be mutually agreed upon or ordered by the Court, the documents 20 shall no longer be deemed CONFIDENTIAL. 21 (b) If a party fails to treat documents designated as CONFIDENTIAL in the 22 manner provided herein, the remedy of the producing party shall be to take such steps as are 23 necessary to have such items placed under seal or restored to their CO NFID ENTIAL status. In no event shall good faith or inadvertent disclosure of Confidential Information by a 25 receiving party or counsel be the basis for any motion for any other form of relief or of any 26 other action. 27 15. Other Bases for Non-Disclosure. This O rder is intended to prevent 28 unnecessary disclosure of Discovery Materials that contain or reflect information that 8 STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION Case No: 19CV02710 713807 constitutes trade secret, proprietary, or other confidential information of CSAA. CSAA 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 D elivery 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. Attomeys’ work product containing, referring to, or reflecting Confidential Information may be destroyed in lieu of being returned. 17, Unauthorized Disclosure of Confidential Information. If a party receives 10 Confidential Information and learns, by inadvertence or otherwise, that it has disclosed 11 Confidential Information to any person or in any circumstance not authorized under this 12 Stipulated Protective O rder, that party must immediately (a) notify in writing the party who 13 designated the material confidential of the unauthorized disclosures, (b) use its best efforts to 14 retrieve all copies of the Confidential Information, and (c) inform the person or persons to 15 whom unauthorized disclosures were made of all the terms of this Order. 16 18. Filing Protected Material. Without written permission from the disclosing party 17 or acourt order secured after appropriate notice to all interested parties, a party may not file in 18 the public record in this action any Confidential Information. A party seeking to file under 19 seal any Confidential Information must comply with California Rules of Court, Rule 2.551. 20 19, Miscellaneous. 21 (a) Right to Further Relief. Nothing in this Order abridges the right of any 22 party to seek its modification by the Court in the future. 23 (b) Right to Assert O ther Objections. By stipulating to the entry of this Protective Order, no Party waives any right it otherwise would have to object to disclosing or 25 producing any information or item on any ground not addressed in this Stipulated Protective 26 Order. Similarly, no Party waives any right to object on the ground to use in evidence of any 27 of the materials covered by this Protective O rder. 28 9 STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION Case No: 19CV02710 713807 © The parties agree that counsel for CSAA may appear ex parte in the Butte County Superior Court pursuant to C.R.C. 3.1200 ¢7. seg. to have the Court approve and enter this Stipulated Protective Order. Mem 11/9/2020 Date JKKERLEY SCHAFFER LLP J. Edward Kerley, Esq. bye L. Schaffer 10 Attorneys for Plaintiffs Philip Wysocki and Michelle Wysocki 11 12 Dated: 11/16/2020 CODDINGTON, HICKS & DANFORTH 1 14 Bl Joie Y. Ritton By: Hyon M. Kientzy 15 Jaime Y. Ritton Attorneys for Defendant 16 CSAA Insurance Exchange 17 THE STIPULATION OF THE PARTIES IS HEREBY ADOPTED AS THE 1 ORDER OF THE COURT. 19 20 IT IS SO ORDERED. 21 22 Dated 11/20/2020 2 Tamara L. Mosbarger 24 25 26 27 28 10 STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION Case No: 19CV02710 713807 EXHIBIT “A” 1, aa + , declare as follows: I have read the Stipulated Protective Order filed on aa An attorney with the firm of Kerley Schaffer 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 10 “CONFIDENTIAL” or “CONFIDENTIAL--PRODUCED IN CONNECTION WITH 11 LITIGATION,” all copies, notes, or other records regarding such materials, and the substance 12 or contents of such materials shall be disclosed to no one other than counsel for Plaintiffs in 13 this action, and that no copies of such materials may be made of such documents without the 14 express written consent of such attomeys. 15 4. I hereby stipulate to submit to the jurisdiction of the Superior Court of the State 16 of California for the County of Butte with regard to any proceeding to enforce the terms of the 17 Stipulated Protective O rder against me, whether by way of contempt of court, by a civil action 18 for an injunction and monetary damages, or otherwise. 19 I declare, under penalty of perjury, under the laws of the State of California that the 20 foregoing is true and correct. 21 Executed this day of 202 at —- 22 California. 23 25 aa ee 26 27 28 11 STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION Case No: 19CV02710 713807 PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is sheri@chdlawyers.com. Tam readily familiar with my employet’s business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via 10 overnight delivery, transmission by facsimile machine, and delivery by hand. ll On November 16, 2020, I served a copy of each of the documents listed below by 12 placing them for processing as indicated herein. 13 STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION AND DISSEMINATION OF TRADE SECRET, CONFIDENTIAL AND 14 PROPRIETARY MATERIALS 15 United States Mail: The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for 16 collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary coutse of 17 business. 18 Overnight Delivery: The correspondence or documents were placed in sealed, labeled ackas ging for overni; ht deli very, with Federal Express, with all charges to 19 b th be paid y my employer on the above date for collection at m place of business to 20 be deposited in a facility regularly maintained by the ove: delivered to a courier or driver authorized by the overnight such packages, on this date in the ordinary course of business. uel h “delit delivery carrier, or ivety carrier to receive 21 Hand Delivery: The correspondence or documents were placed in sealed, labeled 22 envelopes and setved by personal deliv to the party or attorney indicated herein, ot if upon attorney, by leaving the | abele d envelopes with a receptionist or other 23 person having charge of the attorney’s office. 24 Facsimile Transmission: The correspondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted 25 to a facsimile machine maintained by the atty or attotney to be served at the facsimile machine telephone number i i b tovi ee d y said party or attorney, on this 26 same date in the ordinary course of usiness. he transmission was teported as complete and without error, and a record of the transmission was properly issued by 27 the transmitting facsimile machine. 28 //1 —_A~__ Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signature is on file and available for inspection at the request of the court or any patty to the action ot proceeding in which it is filed, in the manner provided in California Rule of Court Rule 2.257(a). Federal. The recipient of this electronic service has consented to this method of service in writing, a copy of which is on file and available for inspection in my employet’s office. I have received no indication the electronic transmission did not reach the recipient. PERSONS OR PARTIES SERVED: 10 Attorney for Plaintiff: 11 J. Edward Kerley, Esq. Dylan L. Schaffer, Esq. 12 Kerley Schaffer LLP 1939 Harrison Street, #500 13 Oakland, CA 94612 14 Telephone: (510) 379-5801 Facsimile: (510) 228-0350 15 E-mail: service@kslaw.us 16 I certify (or declare) under penalty of perjury under the laws of the State of California 17 that the foregoing is true and correct and that this declaration was executed on November 16, 18 2020. 19 Mile Clone 20 Sheri Darbonne 21 Court: Superior Court of California, Butte County Action No: 19CV02710 22 Case Name: W)socki ». CSAA IE 23 24 25 26 27 28 — PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is sheri@chdlawyers.com. I am readily familiar with my employer’s business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via 10 overnight delivery, transmission by facsimile machine, and delivery by hand. 11 On December 8, 2020, I served a copy of each of the documents listed below by placing 12 them for processing as indicated herein. 13 Notice of Entry of Order 14 United States Mail: The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for 15 collection and mailing at my place of business to be deposited with the U.S. Postal Setvice at Redwood City, California on this same date in the ordinary course of 16 business. 17 Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to 18 be paid my employer on the above date for collection at m place of business to 19 h be deposited in a facility regularly maintained by the overni t delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carrier to receive such packages, on this date in the ordinary course of business. 20 Hand Delivery: The correspondence or documents were placed in sealed, labeled 21 envelopes and served by personal delivery to the patty or attorney indicated herein, ot if upon attorney, by leaving the labeled envelopes with a receptionist or other 22 person having charge of the attorney’s office. 23 Facsimile Transmission: The correspondence or documents wete placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted 24 25 facsimile machine telephone numbet same date in the ordinary course of business. & th to a facsimile machine maintained by the atty or attorney to be setved at the rovi Ce d said party or attorney, on this @ transmission was reported as complete and without error, and a record of the transmission was propetly issued by 26 the transmitting facsimile machine. 27 /// 28 /// Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signature is on file and available for inspection at the request of the court or any patty to the ulefe 2.257(a). action o! ot roceeding in which it is filed, in the manner provided in California Rule of Court Ri Federal. The recipient of this electronic service has consented to this method of service in writing, a copy of which is on file and available for inspection in my employet’s office. I have received no indication the electronic transmission did not teach the recipient. PERSONS OR PARTIES SERVED: 10 Attorney for Plaintitt: 11 J. Edward Kerley, Esq. Dylan L. Schaffer, Esq. 12 Kerley Schaffer LLP 1939 Harrison Street, #500 13 Oakland, CA 94612 14 Telephone: (510) 379-5801 Facsimile: (510) 228-0350 1S E-mail: service@kslaw.us 16 I certify (or declare) under penalty of perjury under the laws of the State of California 17 that the foregoing is true and correct and that this declaration was executed on December 8, 18 2020. 19 20 Sheti Darbonne 21 Court: Superior Court of California, Butte County Action No: 19CV02710 22 Case Name: Wysocki v. CSAA IE 23 24 25 26 27 28