Columbia Pictures Industries, Inc. v. Alejandro Galindo

Opinion

11 22 33 44 55 66 77 88 99 1100 1111 1122 UNITED STATES DISTRICT COURT 1133 CENTRAL DISTRICT OF CALIFORNIA 1144 WESTERN DIVISION 1155 COLUMBIA PICTURES INDUSTRIES, Case No. 2:20-cv-03129-SVW-GJSx INC.; AMAZON CONTENT 1166 SERVICES, LLC; DISNEY ENTERPRISES, INC.; PARAMOUNT STIPULATED PROTECTIVE 1177 PICTURES CORPORATION; ORDER WARNER BROS. ENTERTAINMENT, 1188 INC.; UNIVERSAL CITY STUDIOS Judge: Hon. Stephen V. Wilson PRODUCTIONS LLLP; UNIVERSAL 1199 TELEVISION LLC; and UNIVERSAL CONTENT PRODUCTIONS LLC, 2200 Plaintiffs, 2211 v. 2222 ALEJANDRO GALINDO and DOES 1- 2233 20, 2244 Defendants. 2255 2266 2277 2288 1 1. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles and designated as produced pursuant to the 11 Stipulated Protective Order. The parties further acknowledge, as set forth in Section 12 14.4, below, that this Stipulated Protective Order does not entitle them to file 13 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 14 that must be followed and the standards that will be applied when a party seeks 15 permission from the court to file material under seal. 16 2. GOOD CAUSE STATEMENT 17 This action is likely to involve trade secrets, customer and pricing information 18 or other valuable research, development, commercial, financial, technical and/or 19 proprietary information for which special protection from public disclosure and from 20 use for any purpose other than prosecution of this action is warranted. Such 21 confidential and proprietary materials and information consist of, among other 22 things, confidential business or financial information, information regarding 23 confidential business practices, or other confidential research, development, or 24 commercial information (including information implicating privacy rights of third 25 parties), information otherwise generally unavailable to the public, or which may be 26 privileged or otherwise protected from disclosure under state or federal statutes, 27 court rules, case decisions, or common law. Accordingly, to expedite the flow of 28 1 information, to facilitate the prompt resolution of disputes over confidentiality of 2 discovery materials, to adequately protect information the parties are entitled to keep 3 confidential, to ensure that the parties are permitted reasonable necessary uses of 4 such material in preparation for and in the conduct of trial, to address their handling 5 at the end of the litigation, and serve the ends of justice, a protective order for such 6 information is justified in this matter. It is the intent of the parties that information 7 will not be designated as “CONFIDENTIAL” or “CONFIDENTIAL - 8 ATTORNEYS’ EYES ONLY” (defined below) for tactical reasons and that nothing 9 be so designated without a good faith belief that (a) it has been maintained in a 10 confidential, non-public manner and falls within the respective descriptions of these 11 terms set forth below, and (b) there is good cause why it should not be part of the 12 public record of this case. As provided for in Section 8 below, to the extent that 13 there is a challenge to the confidentiality designation of any document, the burden 14 of persuasion in any such challenge proceeding shall be on the Designating Party 15 (defined below) to meet the standards as set forth in the applicable laws in order to 16 maintain the designation that they applied. 17 3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 18 SEAL 19 As noted above, the parties further acknowledge, as set forth in Section 14.4, below, 20 that this Stipulated Protective Order does not entitle them to file confidential 21 information under seal; Local Civil Rule 79-5 sets forth the procedures that must be 22 followed and the standards that will be applied when a party seeks permission from 23 the court to file material under seal. 24 There is a strong presumption that the public has a right of access to judicial 25 proceedings and records in civil cases. In connection with non-dispositive motions, 26 good cause must be shown to support a filing under seal. See Kamakana v. City and 27 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 28 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 1 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 2 good cause showing), and a specific showing of good cause or compelling reasons 3 with proper evidentiary support and legal justification, must be made with respect to 4 Protected Material that a party seeks to file under seal. The parties’ mere designation 5 of Disclosure or Discovery Material as CONFIDENTIAL or CONFIDENTIAL – 6 ATTORNEYS’ EYES ONLY does not—without the submission of competent 7 evidence by declaration, establishing that the material sought to be filed under seal 8 qualifies as confidential, privileged, or otherwise protectable—constitute good 9 cause. 10 Further, if a party requests sealing related to a dispositive motion or trial, then 11 compelling reasons, not only good cause, for the sealing must be shown, and the 12 relief sought shall be narrowly tailored to serve the specific interest to be protected. 13 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 14 each item or type of information, document, or thing sought to be filed or introduced 15 under seal in connection with a dispositive motion or trial, the party seeking 16 protection must articulate compelling reasons, supported by specific facts and legal 17 justification, for the requested sealing order. Again, competent evidence supporting 18 the application to file documents under seal must be provided by declaration. 19 Any document that is not confidential, privileged, or otherwise protectable in 20 its entirety will not be filed under seal if the confidential portions can be redacted. 21 If documents can be redacted, then a redacted version for public viewing, omitting 22 only the confidential, privileged, or otherwise protectable portions of the document, 23 shall be filed. Any application that seeks to file documents under seal in their 24 entirety should include an explanation of why redaction is not feasible. 25 4. DEFINITIONS 26 4.1 Action: Columbia Pictures Industries, Inc. et al. v. Alejandro Galindo, 27 et al. 28 1 4.2 Challenging Party: a Party or Non-Party that challenges the designation 2 of information or items under this Order. 3 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 4 how it is generated, stored or maintained) or tangible things that contain proprietary 5 information, including pricing, rates, customers/subscribers, company security 6 matters, customer lists, financial data and other non-public commercial, financial, 7 research or technical information. 8 4.4 “CONFIDENTIAL - ATTORNEYS EYES ONLY” Information and 9 Items: information (regardless of how it is generated, stored or maintained) or 10 tangible things that contain trade secrets, special formulas, proprietary software 11 and/or computer programs, current or future marketing plans, current or future 12 business plans or strategies, current or future plans for products or services, customer 13 and subscriber data and information, agreements with third parties, information 14 regarding current or future business or financial transactions, internal financial 15 reports or plans, current or future pricing, rates or planning information, financial 16 data, production data, internal notes, memoranda, logs or other data, and other highly 17 sensitive non-public commercial, financial, research or technical information that 18 the Designating Party believes, in good faith, should be afforded the highest level of 19 confidentiality by the Court, with access restricted to Counsel. 20 4.5 Counsel: Collectively, Outside Counsel of Record, Retained Counsel, 21 and House Counsel (as well as their support staff, such as paralegals and assistants). 22 4.6 Designating Party: a Party or Non-Party that designates information or 23 items that it produces in disclosures or in responses to discovery as 24 “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS EYES ONLY.” 25 4.7 Disclosure or Discovery Material: all items or information, regardless 26 of the medium or manner in which it is generated, stored, or maintained (including, 27 among other things, testimony, transcripts, and tangible things), that are produced or 28 generated in disclosures or responses to discovery in this matter. 1 4.8 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 4.9 House Counsel: attorneys who are employees of a party to this Action 5 and do not work as patent attorneys or licensing attorneys for the party that employs 6 them. For Plaintiffs, House Counsel may also include two attorneys from the MPA 7 and two professionals working in content protection. House Counsel does not 8 include any type of outside counsel. 9 4.10 Non-Party: any natural person, partnership, corporation, association, or 10 other legal entity not named as a Party to this action. 11 4.11 Outside Counsel of Record: attorneys who are not employees of a party 12 to this Action but are retained to represent or advise a party to this Action and have 13 appeared in this Action on behalf of that party or are affiliated with a law firm which 14 has appeared on behalf of that party, and includes support staff. 15 4.12 Party: any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 4.13 Producing Party: a Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 4.14 Professional Vendors: persons or entities that provide litigation support 21 services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 and their employees and subcontractors. 24 4.15 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS EYES 26 ONLY.” 27 4.16 Receiving Party: a Party that receives Disclosure or Discovery Material 28 from a Producing Party. 1 4.17 Retained Counsel: attorneys who (a) are not employees of a party to 2 this Action but are retained to represent or advise a party to this Action and to assist 3 Outside Counsel of Record in connection with ligating this matter (e.g., trial cousel), 4 (b) have not yet appeared as counsel of record in any pleading filed with the Court 5 and (c) have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 6 A). 7 5. SCOPE 8 The protections conferred by this Stipulation and Order cover not only 9 Protected Material (as defined above), but also (1) any information copied or 10 extracted from Protected Material; (2) all copies, excerpts, summaries, or 11 compilations of Protected Material; and (3) any testimony, conversations, or 12 presentations by Parties or their Counsel that might reveal Protected Material. 13 Any use of Protected Material at trial shall be governed by the orders of the 14 trial judge. This Order does not govern the use of Protected Material at trial. 15 6. DURATION 16 FINAL DISPOSITION of the action is defined as the conclusion of any 17 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 18 has run. Except as set forth below, the terms of this protective order apply through 19 FINAL DISPOSITION of the action. The parties may stipulate that the they will 20 be contractually bound by the terms of this agreement beyond FINAL 21 DISPOSITION, but will have to file a separate action for enforcement of the 22 agreement once all proceedings in this case are complete. 23 Once a case proceeds to trial, information that was designated as 24 CONFIDENTIAL, CONFIDENTIAL – ATTORNEY’S EYES ONLY or 25 maintained pursuant to this protective order used or introduced as an exhibit at trial 26 becomes public and will be presumptively available to all members of the public, 27 including the press, unless compelling reasons supported by specific factual findings 28 to proceed otherwise are made to the trial judge in advance of the use of the exhibit 1 at trial. See Kamakana v. City and Cty. of Honolulu, 447 F.3d 1172, 1180-81 (9th 2 Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in 3 discovery from “compelling reasons” standard when merits-related documents are 4 part of court record). Accordingly, for such materials, the terms of this protective 5 order do not extend beyond the commencement of the trial. 6 For all Protected Material not used or introduced at trial, the parties stipulate 7 that even after final disposition of this litigation, the confidentiality obligations 8 imposed by this Order shall remain in effect until a Designating Party agrees 9 otherwise in writing or a court order otherwise directs. 10 7. ”DESIGNATING PROTECTED MATERIAL 11 7.1 Exercise of Restraint and Care in Designating Material for Protection. 12 Each Party or Non-Party that designates information or items for protection 13 under this Order must take care to limit any such designation to specific material 14 that qualifies under the appropriate standards. The Designating Party must designate 15 for protection only those parts of material, documents, items, or oral or written 16 communications that qualify so that other portions of the material, documents, items, 17 or communications for which protection is not warranted are not swept unjustifiably 18 within the ambit of this Order. 19 Mass, indiscriminate, or routinized designations are prohibited. Designations 20 that are shown to be clearly unjustified or that have been made for an improper 21 purpose (e.g., to unnecessarily encumber the case development process or to impose 22 unnecessary expenses and burdens on other parties) may expose the Designating 23 Party to sanctions. 24 If it comes to a Designating Party’s attention that information or items that it 25 designated for protection do not qualify for protection, that Designating Party must 26 promptly notify all other Parties that it is withdrawing the inapplicable designation. 27 7.2 Manner and Timing of Designations. Except as otherwise provided in 28 this Order (see, e.g., second paragraph of Section 7.2(a) below), or as otherwise 1 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 2 under this Order must be clearly so designated before the material is disclosed or 3 produced. 4 Designation in conformity with this Order requires: 5 (a) for information in documentary form (e.g., paper or electronic 6 documents, but excluding transcripts of depositions or other pretrial or trial 7 proceedings), that the Producing Party affix at a minimum, the legend 8 “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS EYES ONLY” 9 (collectively hereinafter “CONFIDENTIAL legend”), to each page that contains 10 protected material. If only a portion or portions of the material on a page qualifies 11 for protection, the Producing Party also must clearly identify the protected portion(s) 12 (e.g., by making appropriate markings in the margins). 13 A Party or Non-Party that makes original documents available for inspection 14 need not designate them for protection until after the inspecting Party has indicated 15 which documents it would like copied and produced. During the inspection and 16 before the designation, all of the material made available for inspection shall be 17 deemed “CONFIDENTIAL - ATTORNEYS EYES ONLY.” After the inspecting 18 Party has identified the documents it wants copied and produced, the Producing 19 Party must determine which documents, or portions thereof, qualify for protection 20 under this Order. Then, before producing the specified documents, the Producing 21 Party must affix the “CONFIDENTIAL legend” to each page that contains Protected 22 Material. If only a portion or portions of the material on a page qualifies for 23 protection, the Producing Party also must clearly identify the protected portion(s) 24 (e.g., by making appropriate markings in the margins). 25 (b)for testimony given in depositions that the Designating Party 26 identify the Disclosure or Discovery Material on the record, before 27 the close of the deposition all protected testimony. 28 1 (c)for information produced in some form other than documentary and 2 for any other tangible items, that the Producing Party affix the 3 “CONFIDENTIAL” legend in a prominent place on the exterior of 4 the container or containers in which the information is stored. If only 5 a portion or portions of the information warrants protection, the 6 Producing Party, to the extent practicable, shall identify the 7 protected portion(s). 8 6.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 9 failure to designate qualified information or items does not, standing alone, waive 10 the Designating Party’s right to secure protection under this Order for such material. 11 Upon timely correction of a designation, the Receiving Party must make reasonable 12 efforts to assure that the material is treated in accordance with the provisions of this 13 Order. 14 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 8.1 Timing of Challenges. Any Party or Non-Party may challenge a 16 designation of confidentiality at any time. Confidential licenses of a Party, however, 17 and agreements that are directly related to a confidential license of a party shall be 18 presumed confidential. 19 8.2 Meet and Confer and Motion Practice. The Meet and Confer and 20 Motion Practice timelines forth under Local Rule 37.1 et seq. shall be adjusted as 21 follows: 22 8.2.1 The Challenging Party must, in writing, identify the document(s) that 23 they challenge by Bates number and state briefly but specifically the 24 basis for challenging the “CONFIDENTIAL” or “CONFIDENTIAL - 25 ATTORNEYS’ EYES ONLY” designation; 26 8.2.2 Within three business days, the Designating Party must respond in 27 writing stating briefly but specifically the reasons for the designation 28 or, alternatively, agree to a lesser confidentiality designation; 1 8.2.3 Within two business days, the Challenging Party and the Designating 2 Party shall meet and confer at a mutually convenient time; 3 8.2.4 If no resolution is reached, the Challenging Party may then file a motion 4 challenging the designation (“Challenge Motion”) (service will be via 5 ECF and email); 6 8.2.5 At the same time, to comply with the purpose of Magistrate Judge Gail 7 Standish’s Order regarding Pre Trial Telephonic Discovery 8 Conferences, the following applies: 9 8.2.5.1 the Challenging Party shall send the Designating Party a draft e-mail 10 that ultimately will be submitted to Magistrate Judge Standish 11 detailing the dispute before or at the time that they file their motion 12 and also notify the Desginating Party of the dates and times that they 13 are available for a Pre Trial Telephonic Discovery Conference. 14 8.2.5.2 The Designating Party must respond with their position on each 15 disputed issue within one business day of the Challenging Party’s e- 16 mail. They must include in their response the dates and times that 17 they are available for a Pre Trial Telephonic Discovery Conference. 18 8.2.5.3 The Challenging Party must then e-mail the Court’s chambers e- 19 mail account (GJS_Chambers@cacd.uscourts.gov(link sends e- 20 mail)) with a final single e-mail stating (1) the three proposed times 21 for the telephone conference; (2) the neutral statement of each issue 22 in dispute; and (3) the parties’ short descriptions of their respective 23 positions on each dispute. The Challenging Party must include the 24 Designating Party on the e-mail. The e-mail shall not contain 25 attachments unless directed by the Court to do so. 26 8.2.6 The Designating Party’s opposition to the Challenge Motion shall be 27 filed within five business days after service of the Challenge Motion 28 (service will be via ECF and email). 1 8.2.7 No reply brief may be filed. 2 7.3 The burden of persuasion in any such challenge proceeding shall be on 3 the Designating Party to meet the standards as set forth in the applicable laws. 4 Frivolous challenges, and those made for an improper purpose (e.g., to harass or 5 impose unnecessary expenses and burdens on other parties) may expose the 6 Challenging Party to sanctions. Unless the Designating Party has waived or 7 withdrawn the confidentiality designation, all parties shall continue to afford the 8 material in question the level of protection to which it is entitled under the Producing 9 Party’s designation until the Court rules on the challenge. 10 9. ACCESS TO AND USE OF PROTECTED MATERIAL 11 9.1 Basic Principles. A Receiving Party may use Protected Material that is 12 disclosed or produced by another Party or by a Non-Party in connection with this 13 Action only for prosecuting, defending, or attempting to settle this Action. Such 14 Protected Material may be disclosed only to the categories of persons and under the 15 conditions described in this Order. When the Action has been terminated, a 16 Receiving Party must comply with the provisions of Section 15 below (FINAL 17 DISPOSITION). 18 Protected Material must be stored and maintained by a Receiving Party at a 19 location and in a secure manner that ensures that access is limited to the persons 20 authorized under this Order. 21 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 22 otherwise ordered by the court or permitted in writing by the Designating Party, a 23 Receiving Party may disclose any information or item designated 24 “CONFIDENTIAL” only to: 25 (a) the Receiving Party’s Counsel to whom it is reasonably necessary to 26 disclose the information for this Action; 27 (b) the officers, directors, and employees of the Receiving Party to whom 28 disclosure is reasonably necessary for this Action; 1 (c) Experts (as defined in this Order) of the Receiving Party to whom 2 disclosure is reasonably necessary for this Action and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (d) the Court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, mock jurors, and Professional 7 Vendors to whom disclosure is reasonably necessary for this Action and who have 8 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (g) the author or recipient of a document containing the information or a 10 custodian or other person who otherwise possessed or knew the information; 11 (h) during their depositions, witnesses, and attorneys for witnesses, in the 12 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 13 informs the witness and attorneys for the witness the they will be shown some 14 documents that are confidential, instructs them that they cannot disclose such 15 information and materials, and requests that the witness and attorneys for the witness 16 sign the form attached as Exhibit A hereto; and (2) they will not be permitted to keep 17 any confidential information unless they sign the “Acknowledgment and Agreement 18 to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or 19 ordered by the court. Pages of transcribed deposition testimony or exhibits to 20 depositions that reveal Protected Material may be separately bound by the court 21 reporter and may not be disclosed to anyone except as permitted under this Stipulated 22 Protective Order; and 23 (i) any mediator or settlement officer, and their supporting personnel, 24 mutually agreed upon by any of the parties engaged in settlement discussions. 25 9.3 Disclosure of “CONFIDENTIAL - ATTORNEYS EYES ONLY” 26 Information or Items. Unless otherwise ordered by the court or permitted in writing 27 by the Designating Party, a Receiving Party may disclose any information or item 28 designated “CONFIDENTIAL - ATTORNEYS EYES ONLY” only to: 1 (a) the Receiving Party’s Counsel to whom it is reasonably necessary to 2 disclose the information for this Action; 3 (b) Experts (as defined in this Order) of the Receiving Party to whom 4 disclosure is reasonably necessary for this Action and who have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (c) the Court and its personnel (under seal); 7 (d) court reporters and their staff; 8 (e) professional jury or trial consultants, mock jurors, and Professional 9 Vendors to whom disclosure is reasonably necessary for this Action and who have 10 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (f) any person expressly identified in the “CONFIDENTIAL-ATTORNEYS 12 EYES ONLY" materials as an author, a recipient, or having knowledge of the 13 “CONFIDENTIAL-ATTORNEYS EYES ONLY" materials and any person for whom 14 a reasonable foundation may be laid that he or she is an author, a recipient, or has 15 knowledge of the “CONFIDENTIAL-ATTORNEYS EYES ONLY" materials; and 16 (g) any mediator or settlement officer, and their supporting personnel, 17 mutually agreed upon by any of the parties engaged in settlement discussions. 18 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 19 PRODUCED IN OTHER LITIGATION 20 If a Party is served with a subpoena or a court order issued in other litigation 21 that compels disclosure of any information or items designated in this Action as 22 “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS EYES ONLY,” that 23 Party must: 24 (a) promptly notify in writing the Designating Party. Such notification 25 shall include a copy of the subpoena or court order; 26 (b) promptly notify in writing the party who caused the subpoena or order 27 to issue in the other litigation that some or all of the material covered by the subpoena 28 1 or order is subject to this Protective Order. Such notification shall include a copy of 2 this Stipulated Protective Order; and 3 (c) cooperate with respect to all reasonable procedures sought to be 4 pursued by the Designating Party whose Protected Material may be affected. 5 If the Designating Party timely seeks a protective order, the Party served with 6 the subpoena or court order shall not produce any information designated in this 7 action as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS EYES 8 ONLY” before a determination by the court from which the subpoena or order 9 issued, unless the Party has obtained the Designating Party’s permission. The 10 Designating Party shall bear the burden and expense of seeking protection in that 11 court of its confidential material and nothing in these provisions should be construed 12 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 13 directive from another court. 14 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 15 PRODUCED IN THIS LITIGATION 16 (a) The terms of this Order are applicable to information produced by a 17 Non- Party in this Action and designated as “CONFIDENTIAL” or 18 “CONFIDENTIAL - ATTORNEYS EYES ONLY.” Such information produced by 19 Non-Parties in connection with this litigation is protected by the remedies and relief 20 provided by this Order. Nothing in these provisions should be construed as 21 prohibiting a Non-Party from seeking additional protections. 22 (b) In the event that a Party is required, by a valid discovery request, to 23 produce a Non-Party’s confidential information in its possession, and the Party is 24 subject to an agreement with the Non-Party not to produce the Non-Party’s 25 confidential information, then the Party shall: 26 (i) promptly notify in writing the Requesting Party and the Non- 27 Party that some or all of the information requested is subject to a confidentiality 28 agreement with a Non- Party; 1 (ii) promptly provide the Non-Party with a copy of the Stipulated 2 Protective Order in this Action, the relevant discovery request(s), and a reasonably 3 specific description of the information requested; and 4 (iii) make the information requested available for inspection by the 5 Non-Party, if requested. 6 (c) If the Non-Party fails to seek a protective order from this court within 7 14 days of receiving the notice and accompanying information, the Receiving Party 8 may produce the Non-Party’s confidential information responsive to the discovery 9 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 10 not produce any information in its possession or control that is subject to the 11 confidentiality agreement with the Non-Party before a determination by the court. 12 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 13 of seeking protection in this court of its Protected Material 14 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 16 Protected Material to any person or in any circumstance not authorized under this 17 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 18 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 19 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 20 or persons to whom unauthorized disclosures were made of all the terms of this 21 Order, and (d) request such person or persons to execute the “Acknowledgment and 22 Agreement to Be Bound” that is attached hereto as Exhibit A. 23 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 24 OTHERWISE PROTECTED MATERIAL 25 If a Producing Party, through inadvertence, produces any document or 26 information that it believes is immune from discovery pursuant to the attorney-client 27 privilege and/or work product doctrine/privilege, such production will not be 28 deemed a waiver of those privileges, and the Producing Party may give written 1 notice to the Receiving Party that the document or information produced is deemed 2 privileged. The Receiving Party must immediately return the document and all 3 copies. The Producing Party will then add those documents to its privilege log. The 4 return of the document(s) and/or information to the Producing Party will not 5 preclude the Receiving Party from later moving the Court to compel production of 6 the returned documents and/or information. 7 14. MISCELLANEOUS 8 14.1 Each individual who receives any CONFIDENTIAL or 9 CONFIDENTIAL-ATTORNEYS EYES ONLY material hereby agrees to subject 10 himself/herself to the jurisdiction of this Court for the purpose of any proceedings 11 relating to the performance under, compliance with or violation of this Order. 12 14.2 Right to Further Relief. Nothing in this Order abridges the right of any 13 person to seek its modification by the Court in the future. 14 14.3 Right to Assert Other Objections. By stipulating to the entry of this 15 Protective Order no Party waives any right it otherwise would have to object to 16 disclosing or producing any information or item on any ground not addressed in this 17 Stipulated Protective Order. Similarly, no Party waives any right to object on any 18 ground to use in evidence of any of the material covered by this Protective Order. 19 14.4 Filing Protected Material. A Party that seeks to file under seal any 20 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 21 only be filed under seal pursuant to a court order authorizing the sealing of the 22 specific Protected Material at issue. If a Party’s request to file Protected Material 23 under seal is denied by the court, then the Receiving Party may file the information 24 in the public record unless otherwise instructed by the court. 25 15. FINAL DISPOSITION 26 After the final disposition of this Action, as defined in Section 6, within 60 27 days of a written request by the Designating Party, each Receiving Party must return 28 all Protected Material to the Producing Party or destroy such material. As used in 1 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 2 summaries, and any other format reproducing or capturing any of the Protected 3 Material. Whether the Protected Material is returned or destroyed, the Receiving 4 Party must submit a written certification to the Producing Party (and, if not the same 5 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 6 (by category, where appropriate) all the Protected Material that was returned or 7 destroyed and (2) affirms that the Receiving Party has not retained any copies, 8 abstracts, compilations, summaries or any other format reproducing or capturing any 9 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 10 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 11 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 12 reports, attorney work product, and consultant and expert work product, even if such 13 materials contain Protected Material. Any such archival copies that contain or 14 constitute Protected Material remain subject to this Protective Order as set forth in 15 Section 6 (DURATION). 16 \\ 17 18 \\ 19 20 \\ 21 22 \\ 23 24 \\ 25 26 \\ 27 28 1 16. Any violation of this Order may be punished by any and all appropriate 2 ||measures including, without limitation, contempt proceedings and/or monetary 3 || Sanctions. 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 ||Dated: July 29, 2020 JENNER & BLOCK L 6 By: —~ 7 Julie Shepar Qh behalf of the firm) Attoxneys for Plaintiffs 10 ||Dated: July 29, 2020 LAW OFFICES OF STEVEN C. VONDRAN

12 By: Steven c. Vondran Steven C. Vondran 13 Attorneys for Defendant 14 !S 1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 16 17 || Dated: July 31, 2020 □□□ 18 ThefH¢gnorable Gail Standish 19 Madigirate Judge 20 21 22 23 24 25 26 27 28

FILER’S ATTESTATION 2 Pursuant to L.R. 5-4.3.4(a)(2), I, Julie Shepard, certify that that all other 3 || signatories listed, and on whose behalf the filing is submitted, concur in this 4 || filing’s content and have authorized this filing. 6 7 ||Dated: July 29, 2020 JENNER & BLOCK L 8 By: . 9 Jul Shepard ) 10 Attorneys for Plaintiffs 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, [print or type full name], of [print or type full address], declare under 5 penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the United States District Court for the Central 7 District of California on [insert date] in the case of [insert formal name of the case 8 and the number and initials assigned to it by the court]. I agree to comply with and 9 to be bound by all the terms of this Stipulated Protective Order and I understand 10 and acknowledge that failure to so comply could expose me to sanctions and 11 punishment in the nature of contempt. I solemnly promise that I will not disclose in 12 any manner any information or item that is subject to this Stipulated Protective 13 Order to any person or entity except in strict compliance with the provisions of this 14 Order. 15 I further agree to submit to the jurisdiction of the United States District 16 Court for the Central District of California for the purpose of enforcing the terms 17 of this Stipulated Protective Order, even if such enforcement proceedings occur 18 after termination of this action. I hereby appoint [print or type full name] of [print 19 or type full address and telephone number] as my California agent for service of 20 process in connection with this action or any proceedings related to enforcement of 21 this Stipulated Protective Order. 22 Date: 23 City and State where sworn and signed: 24 Printed name: 25 Signature: 26 27 28