as a waiver of the protections under this agreement. Parties shall not make a
blanket designation of Confidentiality with respect to deposition testimony.

6. Precautions Against Unauthorized Use and Disclosure. All
persons receiving any or all documents produced pursuant to this Agreement shall
be advised of their confidential nature. All documents, transcripts, or other
materials subject to this Agreement, and all information derived therefrom
(including, but not limited to, all testimony, deposition, or otherwise, that refers,
reflects or otherwise discusses any information designated Confidential hereunder),
shall not be used, directly or indirectly, by any person for any business,
commercial or competitive purposes other than solely for the preparation and trial
of this action in accordance with the provisions of this Agreement. All persons to
whom confidential information is disclosed or made available shall take reasonable
precautions to prevent the disclosure or use of such confidential information other
than as authorized by this Agreement. No person receiving or reviewing such
confidential documents, information or transcript shall disseminate or disclose
them to any person other than those described above in Paragraph 3 and for the
purposes specified, and in no event shall such person make any other use of such
document or transcript.

7. Return of Confidential Information. With the exception of

deposition transcripts, all confidential information disclosed during the course of


APPROVED AND AGREED this 15th day of May, 2018:

/s/_Eric J. Troutman

/s/ Sean M, Kohl

Eric J. Troutman, Esq.*

WOMBLE BOND DICKINSON (US) LLP

3200 Park Center Drive, Suite 700
Costa Mesa, CA 92626
Telephone: (657) 266-1043

Eric. Troutman@wbd-us.com

*Admitted pro hac vice

Attorneys for Respondent
Wells Fargo Bank, N.A.

Sean M. Kohl, Esq.

Andrew J. Gerling, Esq.

Briana R.C. Hart, Esq.

DOUCET & ASSOCIATES, INC.
700 Stonehenge Parkway, Suite 2B
Dublin, OH 43017

Telephone: (614) 944-5219
Facsimile: (818) 638-5548
sean@doucet.law
andrew@doucet.law
briana@doucet.law

Counsel for Plaintiffs
William and Cynthia Hanna


information and retrieve it from any person not entitled to receive it and shall
return the information immediately to the producing party. Inadvertent
production of a privileged document, information, or an attorney's work product
does not constitute a waiver of such privilege or work product status.

9. No Waiver. No provision of this Agreement may be waived or
amended except with the written consent of the parties. It is understood and agreed
failing to designate a document as Confidential in accordance with the terms of this
agreement, and within the timeframes specified above, shall operate as a waiver of
that party’s ability to declare that document as Confidential. Nothing in this
agreement, however, is meant to prevent any party from asserting any privilege,
immunity, defense or objection to the production or disclosure of any information
that is withheld in the course of discovery in this proceeding. Nothing in this
Agreement shall be deemed to preclude or otherwise limit any party from using its
own confidential information, or information obtained or developed independently
of documents, transcripts and materials afforded confidential treatment pursuant to
this Agreement, in any manner it deems fit. Nothing herein shall prohibit the
confidential disclosure of any confidential information to comply with a Court
Order in an action other than this action wherein the Court Order specifically
directs the disclosure of such information. However, in such cases, the party that is

ordered to produce confidential materials shall promptly provide notice to the party


the Lawsuit and all paper copies of summaries, sketches, data, compilations,
extracts and/or reproductions thereof shall be destroyed, or in the case of electronic
information or documents, permanently deleted within thirty (30) days after final
disposition of the Lawsuit, including the conclusion of any and all appeals.
Notwithstanding, Counsel is permitted to retain its electronic file for a period of
one year after the final disposition of the Lawsuit, including the conclusion of any
and all appeals for use in any malpractice action that arises out of representation
provided in this action. In such a case, Counsel for the party intending to utilize
confidential information shall promptly notify Counsel for the party that produced
the confidential information of its intent to utilize the information, and shall seek to
file such information under seal in accordance with the terms of this Agreement.
Upon expiration of this one-year period, either party may request written
verification of compliance with this provision, which shall be provided promptly
upon receipt of such request.

8. Inadvertent Disclosure of Privileged Information. Ifa party
inadvertently discloses a document or information that it believes to be protected,
in whole or in part, by the attorney-client privilege, the work-product doctrine, or
any other applicable privilege, immunity, or protection available under the law and
informs the receiving party thereof about the inadvertent disclosure, the receiving

party shall immediately make prompt and reasonable efforts to protect the


submit to the exclusive jurisdiction of the United States District Court for the
Southern District of Ohio, Eastern Division, for any actions, suits, or proceedings
arising out of, or relating to, this Agreement.

12. This Agreement has been agreed to by the parties to facilitate
discovery and production of relevant evidence in this action. Neither this
Agreement, nor the designation of any information, document, or the like as
“Confidential,” nor the failure to make such designation, shall constitute evidence

with respect to any issue in this action.

IT IS SO ORDERED.

s/Elizabeth P. Deavers
Honorable Elizabeth Preston Deavers



UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

WILLIAM L. HANNA,
AND
CYNTEIA'G: HANNA CIVIL ACTION NO.

Plaintiffs, 2:17-ev-00844-JLG-EPD
Vv.
WELLS FARGO BANK, N.A.,

Defendant.

AGREED PROTECTIVE ORDER

IT IS HEREBY STIPULATED by and between Plaintiffs WILLIAM L.
HANNA, and CYNTHIA G. HANNA (“Plaintiffs”) and Defendant WELLS
FARGO BANK, N.A. (“Wells Fargo”), through their respective attorneys of
record, as follows:

WHEREAS, documents and information have been and may be sought,

produced or exhibited by and among the parties to this action relating to trade

secrets and confidential information, or other proprietary information belonging to

Wells Fargo.


The undersigned person agrees to return to counsel for the Party by whom
the undersigned person is employed or retained, or to counsel from whom the
undersigned person received any documents marked as CONFIDENTIAL
materials.

The undersigned person further agrees to submit fully to the jurisdiction of
the Court for purposes of enforcement of this Acknowledgement and Agreement.

The undersigned person also understands that violation of the terms of

the Stipulated Confidentiality Agreement may render the undersigned person
liable for any and all sanctions and other remedies the Court may deem

appropriate.

(Signature)

(Printed Name)

(Dated)


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION
WILLIAM L. HANNA, }
and }
)

CYNTREAG TANNA } CIVIL ACTION NO.

Plaintiffs, 2:17-cv-00844-JLG-EPD
:
)
WELLS FARGO BANK, N.A., }
Defendant. )

ACKNOWLEDGMENT AND AGREEMENT

The undersigned person acknowledges that he/she has read and understands
the Stipulated Confidentiality Agreement to which this Acknowledgement and
Agreement is appended and the terms of which are fully incorporated into this
Acknowledgement and Agreement.

The undersigned person agrees to be fully bound by the terms of that
Stipulated Confidentiality Agreement and not to disclose confidential information
disclosed to the undersigned person, to not share the confidential information with
anyone not qualified under the Stipulated Confidentiality Agreement, and to use

the information only for the purpose of the above-captioned litigation.

11


that produced the confidential information of any proceeding in which it is
anticipated that an Court order may compel the production of confidential
information to allow the producing party an opportunity interject, object, and/or
take any other appropriate action to protect disclosure of the confidential
information.

10. Duration of Agreement. Upon final disposition of this Lawsuit, by
judgment, settlement, or otherwise, including any appeals, this Agreement shall
remain binding and in full effect unless and until otherwise agreed in writing by
the parties or ordered by the Court.

10. Disputing Confidentiality Designation. In the event that any party
to this litigation disagrees at any point in these proceedings with any designation
made under this Agreement, the parties shall first try to resolve such dispute in
good faith on an informal basis. If the dispute cannot be resolved, the party seeking
the designation must request appropriate relief from the Court. During the
pendency of any challenge to the designation of a document or information, the
designated document or information shall be continue to be treated as
“Confidential” subject to the provisions of this Agreement.

11. Governing Law and Venue. This Agreement shall be governed by,
and construed in accordance with, the laws of the State of Ohio. Each party, and

any expert or consultant, also hereby irrevocably and unconditionally consents to


e) experts and consultants retained or used by any party for the preparation,
prosecution, or defense of this case, provided that such expert or
consultant execute the Acknowledgement attached hereto as Exhibit A;

f) any private or Court appointed mediator to this Litigation and his or her
personnel

g) any court reporter, interpreter, or videographer necessarily present at a
deposition or hearing; and

h) any other person who is so designated by order of any court before which
this Lawsuit is pending (including this Court), or by agreement of the
producing party, provided that such person executes the
Acknowledgement attached hereto as Exhibit A.

4. Procedure for Filing of Documents Marked Confidential. To the
extent any motions, briefs, pleadings, deposition transcripts, or other papers to be
filed with the Court incorporate documents or information subject to this
Agreement, the party filing such papers shall seek leave of Court to file under seal
pursuant to Local Rule 5.2.1. before filing any Confidential document.

5.  Depositions. Any party designating specific deposition testimony as
Confidential must do so within thirty (30) days after receipt of the deposition

transcript. Failure to timely designate such testimony as Confidential shall operate


within thirty (30) days of its production constitutes a waiver of any Party to declare
that Discovery Material as “Confidential.”
3. Persons to Whom Confidential Information May be Disclosed.
Any document, transcript or pleading given confidential treatment under this
Agreement, and any information contained in, or derived from any such materials
(including but not limited to, all discovery responses or deposition testimony that
refers, reflects or otherwise discusses any information designated confidential
hereunder) may not be disclosed other than in accordance with this Agreement and
may not be disclosed to any person other than:
a) the parties, including employees of the parties, to the extent reasonably
necessary for the prosecution or defense of claims or defenses in this
Lawsuit;
b) counsel representing the parties and their support personnel whose
functions require access to such confidential information;
c) the Court and its respective staff and personnel, if the procedures set
forth in paragraph 4 are followed;
d) non-party fact witnesses at, or in preparation for, deposition or trial,
provided that such person executes the Acknowledgement and

Agreement ("Acknowledgement") attached hereto as Exhibit A.


WHEREAS, documents and information related to Plaintiffs have been and
may be sought, produced or exhibited by and among the parties to this action that
is highly private, sensitive or protected by law from public disclosure.

WHEREAS, the parties have agreed that a Stipulated Confidentiality
Agreement (“Agreement”) is necessary in this case to prevent the unnecessary
disclosure, use or dissemination of such confidential information and the parties
agree that consent to the terms of this Agreement is a condition precedent for the
review of any documents produced pursuant to this Agreement;

NOW, THEREFORE, in consideration of the mutual promises contained
herein, the parties stipulate and agree as follows:

1. This Agreement shall govern the use, handling and disclosure of all
documents, testimony or information produced or given in this action which are
designated to be subject to this Agreement in accordance with the terms hereof.

2. Designation of Information as Confidential. Any party or non-
party producing documents or other materials in this action may designate such
materials and the information contained therein subject to this Agreement by
typing or stamping on the front of the document, or on the portion(s) of the
document for which confidential treatment is designated, “Confidential.” Failure

by the Producing Party to designate any Discovery Material as “Confidential”