Francesca Gregorini v. Apple Inc.

Opinion

Case 2:20-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 1 of 18 Page ID #:1037

1 NICOLAS A. JAMPOL (State Bar No. 244867) nicolasjampol@dwt.com 2 CYDNEY SWOFFORD FREEMAN (State Bar No. 315766) cydneyfreeman@dwt.com 3 MEENAKSHI KRISHNAN (pro hac vice) meenakshikrishnan@dwt.com 4 SAMANTHA LACHMAN (State Bar No. 331969) samlachman@dwt.com 865 South Figueroa Street, 24th Floor 6 Los Angeles, California 90017-2566 Tel.: (213) 633-6800; Fax: (213) 633-6899 7 Attorneys for Defendants 8 DAVID ALDEN ERIKSON (State Bar No. 189838) 9 david@daviderikson.com ANTOINETTE WALLER (State Bar No. 152895) 10 antoinette@daviderikson.com JEFFREY J. MILES (SBN 293869) 11 jeff@daviderikson.com ERIKSON LAW GROUP 12 200 North Larchmont Boulevard Los Angeles, California 90004 13 Tel.: 323.465.3100; Fax: 323.465.3177

14 Attorneys for Plaintiff CENTRAL DISTRICT OF CALIFORNIA 16

FRANCESCA GREGORINI, Case No. 2:20-cv-00406-SSS-JC 17

Plaintiff, STIPULATED PROTECTIVE 18 ORDER vs. 19 [CHANGES MADE BY COURT TO APPLE INC., a California corporation; PARAGRAPHS 4(A), 10(A), 12(B)] 20 M. NIGHT SHYAMALAN, an individual, BLINDING EDGE 21 PICTURES, INC., a Pennsylvania corporation; UNCLE GEORGE 22 PRODUCTIONS, a Pennsylvania corporate; ESCAPE ARTISTS LLC, a 23 California limited liability company; DOLPHIN BLACK PRODUCTIONS, a 24 California corporation; TONY BASGALLOP, an individual; ASHWIN 25 RAJAN, an individual; JASON BLUMENTHAL, an individual; TODD 26 BLACK, an individual; STEVE TISCH, an individual; and DOES 1-10, inclusive, 27

Defendants. 28

STIPULATED PROTECTIVE ORDER 4889-8547-7949v.1 0113237-000003 Case 2: 20-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 2 of 18 Page ID #:1038

1 Plaintiff Francesca Gregorini (“Plaintiff”) and defendants Blinding Edge 2 Pictures, Inc., Uncle George Productions, LLC, Apple Inc., Escape Artists, Inc. 3 (erroneously sued as Escape Artists LLC), Dolphin Black Productions, M. Night 4 Shyamalan, Tony Basgallop, Ashwin Rajan, Jason Blumenthal, Todd Black, and 5 Steve Tisch (collectively, “Defendants”) anticipate that documents, testimony, or 6 information containing or reflecting confidential, proprietary, trade secret, and/or 7 commercially sensitive information are likely to be disclosed or produced during 8 the course of discovery, initial disclosures, and supplemental disclosures in this 9 case and request that the Court enter this Order setting forth the conditions for 10 treating, obtaining, and using such information. 11 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court finds 12 good cause for the following Agreed Protective Order Regarding the Disclosure and 13 Use of Discovery Materials (“Order” or “Protective Order”). 14 1. PURPOSES AND LIMITATIONS 15 (a) Protected Material designated under the terms of this Protective Order 16 shall be used by a Receiving Party solely for this case, and shall not be used directly 17 or indirectly for any other purpose whatsoever. 18 (b) The Parties acknowledge that this Order does not confer blanket 19 protections on all disclosures during discovery, or in the course of making initial or 20 supplemental disclosures under Rule 26(a). Designations under this Order shall be 21 made with care and shall not be made absent a good faith belief that the designated 22 material satisfies the criteria set forth below. If it comes to a Producing Party’s 23 attention that designated material does not qualify for protection at all, or does not 24 qualify for the level of protection initially asserted, the Producing Party must 25 promptly notify all other Parties that it is withdrawing or changing the designation. 26 2. DEFINITIONS 27 (a) “Discovery Material” means all items or information, including from 28 any non-party, regardless of the medium or manner generated, stored, or maintained 1 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER Case 2: 20-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 3 of 18 Page ID #:1039

1 (including, among other things, testimony, transcripts, or tangible things) that are 2 produced, disclosed, or generated in connection with discovery or Rule 26(a) 3 disclosures in this case. 4 (b) “Outside Counsel” means (i) outside counsel who appear on the 5 pleadings as counsel for a Party and (ii) partners, associates, and staff of such counsel 6 to whom it is reasonably necessary to disclose the information for this litigation. 7 (c) “Party” means any party to this case, including all of its officers, 8 directors, employees, consultants, retained experts, and outside counsel and their 9 support staffs. 10 (d) “Producing Party” means any Party or non-party that discloses or 11 produces any Discovery Material in this case. 12 (e) “Protected Material” means any Discovery Material that is designated 13 as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” as 14 provided for in this Order. Protected Material shall not include: (i) advertising 15 materials that have been actually published or publicly disseminated; and (ii) 16 materials that show on their face they have been disseminated to the public. 17 (f) “Receiving Party” means any Party who receives Discovery Material 18 from a Producing Party. 19 3. COMPUTATION OF TIME 20 The computation of any period of time prescribed or allowed by this Order 21 shall be governed by the provisions for computing time set forth in Federal Rules of 22 Civil Procedure 6. 23 4. SCOPE 24 (a) The protections conferred by this Order cover not only Discovery 25 Material governed by this Order as addressed herein, but also any information copied 26 or extracted therefrom, as well as all copies, excerpts, summaries, or compilations 27 thereof, plus deposition testimony, conversations, or presentations by Parties or their 28 Counsel that might reveal Protected Material, other than during a court hearing or at 2 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER Case 2: 20-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 4 of 18 Page ID #:1040

1 trial. Any use of Protected Material during a court hearing or at trial shall be governed 2 by the orders of the presiding judge. This Order does not govern the use of Protected 3 Material during a court hearing or at trial. 4 (b) Nothing in this Protective Order shall prevent or restrict a Producing 5 Party’s own disclosure or use of its own Protected Material for any purpose, and 6 nothing in this Order shall preclude any Producing Party from showing its Protected 7 Material to an individual who prepared the Protected Material. 8 (c) Nothing in this Order shall be construed to prejudice any Party’s right to 9 use any Protected Material in court or in any court filing with the consent of the 10 Producing Party or by order of the Court. 11 (d) This Order is without prejudice to the right of any Party to seek further 12 or additional protection of any Discovery Material or to modify this Order in any 13 way, including, without limitation, an order that certain matter not be produced at 14 all. 15 5. DURATION 16 Even after the termination of this case, the confidentiality obligations imposed 17 by this Order shall remain in effect until a Producing Party agrees otherwise in writing 18 or a court order otherwise directs. 19 6. ACCESS TO AND USE OF PROTECTED MATERIAL 20 (a) Basic Principles. All Protected Material shall be used solely for this case 21 or any related appellate proceeding, and not for any other purpose whatsoever, 22 including without limitation any other litigation, patent prosecution or acquisition, 23 patent reexamination or reissue proceedings, or any business or competitive purpose 24 or function. Protected Material shall not be distributed, disclosed or made available 25 to anyone except as expressly provided in this Order. 26 (b) Secure Storage, No Export. Protected Material must be stored and 27 maintained by a Receiving Party at a location in the United States and in a secure 28 manner that ensures that access is limited to the persons authorized under this Order. 3 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER Case 2: 20-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 5 of 18 Page ID #:1041

1 (c) Legal Advice Based on Protected Material. Nothing in this Protective 2 Order shall be construed to prevent counsel from advising their clients with respect 3 to this case based in whole or in part upon Protected Materials, provided counsel does 4 not disclose the Protected Material itself except as provided in this Order. 5 (d) Limitations. Nothing in this Order shall restrict in any way a Producing 6 Party’s use or disclosure of its own Protected Material. Nothing in this Order shall 7 restrict in any way the use or disclosure of Discovery Material by a Receiving Party: 8 (i) that is or has become publicly known through no fault of the Receiving Party; (ii) 9 that is lawfully acquired by or known to the Receiving Party independent of the 10 Producing Party; (iii) previously produced, disclosed and/or provided by the 11 Producing Party to the Receiving Party or a non-party without an obligation of 12 confidentiality and not by inadvertence or mistake; (iv) with the consent of the 13 Producing Party; or (v) pursuant to order of the Court. 14 7. DESIGNATING PROTECTED MATERIAL 15 (a) Available Designations. Any Producing Party may designate Discovery 16 Material with any of the following designations, provided that it meets the 17 requirements for such designations as provided for herein: “CONFIDENTIAL” or 18 “CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” 19 (b) Written Discovery and Documents and Tangible Things. Written 20 discovery, documents (which include “electronically stored information,” as that 21 phrase is used in Federal Rule of Procedure 34), and tangible things that meet the 22 requirements for the confidentiality designations listed in Paragraph 7(a) may be so 23 designated by placing the appropriate designation on every page of the written 24 material prior to production. For digital files being produced, the Producing Party 25 may mark each viewable page or image with the appropriate designation, and mark 26 the medium, container, and/or communication in which the digital files were 27 contained. In the event that original documents are produced for inspection, the 28 original documents shall be presumed “CONFIDENTIAL – ATTORNEYS’ EYES 4 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER Case 2: 20-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 6 of 18 Page ID #:1042

1 ONLY” during the inspection and re-designated, as appropriate during the copying 2 process. 3 (c) Native Files. Where electronic files and documents are produced in 4 native electronic format, such electronic files and documents shall be designated for 5 protection under this Order by appending to the file names or designators information 6 indicating whether the file contains “CONFIDENTIAL” or “CONFIDENTIAL - 7 ATTORNEYS’ EYES ONLY” material, or shall use any other reasonable method for 8 so designating Protected Materials produced in electronic format. When electronic 9 files or documents are printed for use at deposition, in a court proceeding, or for 10 provision in printed form to an expert or consultant pre-approved pursuant to 11 Paragraphs 8(b)(iii) or 9(b)(ii), the party printing the electronic files or documents 12 shall affix a legend to the printed document corresponding to the designation of the 13 Designating Party and including the production number and designation associated 14 with the native file. 15 (d) Depositions and Testimony. Parties or testifying persons or entities may 16 designate depositions and other testimony with the appropriate designation by 17 indicating on the record at the time the testimony is given or by sending written notice 18 of how portions of the transcript of the testimony is designated within thirty (30) days 19 of receipt of the transcript of the testimony. If no indication on the record is made, 20 all information disclosed during a deposition shall be deemed “CONFIDENTIAL – 21 ATTORNEYS’ EYES ONLY” until the time within which it may be appropriately 22 designated as provided for herein has passed. Any Party that wishes to disclose the 23 transcript, or information contained therein, may provide written notice of its intent 24 to treat the transcript as non-confidential, after which time, any Party that wants to 25 maintain any portion of the transcript as confidential must designate the confidential 26 portions within fourteen (14) days, or else the transcript may be treated as non- 27 confidential. Any Protected Material that is used in the taking of a deposition shall 28 remain subject to the provisions of this Protective Order, along with the transcript pages 5 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER Case 2: 20-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 7 of 18 Page ID #:1043

1 of the deposition testimony dealing with such Protected Material. In such cases the 2 court reporter shall be informed of this Protective Order and shall be required to 3 operate in a manner consistent with this Protective Order. In the event the deposition 4 is videotaped, the original and all copies of the videotape shall be marked by the video 5 technician to indicate that the contents of the videotape are subject to this Protective 6 Order, substantially along the lines of “This videotape contains confidential 7 testimony used in this case and is not to be viewed or the contents thereof to be 8 displayed or revealed except pursuant to the terms of the operative Protective 9 Order in this matter or pursuant to written stipulation of the parties.” Counsel for 10 any Producing Party shall have the right to exclude from oral depositions, other 11 than the deponent, deponent’s counsel, the reporter and videographer (if any), any 12 person who is not authorized by this Protective Order to receive or access 13 Protected Material based on the designation of such Protected Material. Such right 14 of exclusion shall be applicable only during periods of examination or testimony 15 regarding such Protected Material. 16 8. DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL” 17 (a) A Producing Party may designate Discovery Material as 18 “CONFIDENTIAL” if it contains or reflects confidential, proprietary, and/or 19 commercially sensitive information. 20 (b) Unless otherwise ordered by the Court, Discovery Material designated 21 as “CONFIDENTIAL” may be disclosed only to the following: 22 (i) The Receiving Party’s Outside Counsel, such counsel’s 23 immediate paralegals and staff, and any copying or clerical litigation support services 24 working at the direction of such counsel, paralegals, and staff; 25 (ii) The Receiving Party (including its officers and employees, 26 including but not limited to in-house counsel); 27 (iii) Any outside expert or consultant retained by the Receiving Party 28 to assist in this action, provided that disclosure is only to the extent necessary to 6 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER Case 2: 20-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 8 of 18 Page ID #:1044

1 perform such work; and provided that: (a) such expert or consultant has agreed to be 2 bound by the provisions of the Protective Order by signing a copy of Exhibit A; 3 and (b) such expert or consultant is not a current officer, director, or employee of a 4 Party or of a competitor of a Party, nor anticipated at the time of retention to become 5 an officer, director or employee of a Party or of a competitor of a Party; 6 (iv) Court reporters, stenographers and videographers retained to 7 record testimony taken in this action; 8 (v) The Court, jury, and court personnel; 9 (vi) Graphics, translation, design, and/or trial consulting personnel, 10 having first agreed to be bound by the provisions of the Protective Order by signing 11 a copy of Exhibit A; 12 (vii) Mock jurors who have signed an undertaking or agreement 13 agreeing not to publicly disclose Protected Material and to keep any information 14 concerning Protected Material confidential; 15 (viii) Any mediator who is assigned to hear this matter, and his or her 16 staff, subject to their agreement to maintain confidentiality to the same degree as 17 required by this Protective Order; and 18 (ix) Any other person with the prior written consent of the Producing 19 Party. 20 9. DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL – 21 ATTORNEYS’ EYES ONLY” 22 (a) A Producing Party may designate Discovery Material as 23 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” if it contains or reflects 24 information that is extremely confidential and/or sensitive in nature and the 25 Producing Party reasonably believes that the disclosure of such Discovery Material 26 is likely to cause economic harm or significant competitive disadvantage to the 27 Producing Party. The Parties agree that the following information, if non-public, 28 shall be presumed to merit the “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 7 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER Case 2: 20-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 9 of 18 Page ID #:1045

1 designation: trade secrets, pricing information, financial data, sales information, 2 sales or marketing forecasts or plans, business plans, sales or marketing strategy, 3 product development information, engineering documents, testing documents, 4 employee information, and other non-public information of similar competitive and 5 business sensitivity. 6 (b) Unless otherwise ordered by the Court, Discovery Material designated 7 as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed only to: 8 (i) The Receiving Party’s Outside Counsel and such Outside 9 Counsel’s immediate paralegals and staff, and any copying or clerical litigation 10 support services working at the direction of such counsel, paralegals, and staff; 11 (ii) Any outside expert or consultant retained by the Receiving Party 12 to assist in this action, provided that disclosure is only to the extent necessary to 13 perform such work; and provided that: (a) such expert or consultant has agreed to be 14 bound by the provisions of the Protective Order by signing a copy of Exhibit A; (b) 15 such expert or consultant is not a current officer, director, or employee of a Party or 16 of a competitor of a Party, nor anticipated at the time of retention to become an 17 officer, director, or employee of a Party or of a competitor of a Party; and (c) such 18 expert or consultant is not involved in competitive decision-making, as defined by 19 U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a 20 Party or a competitor of a Party; 21 (iii) Court reporters, stenographers and videographers retained to 22 record testimony taken in this action; 23 (iv) The Court, jury, and court personnel; 24 (v) Graphics, translation, design, and/or trial consulting personnel, 25 having first agreed to be bound by the provisions of the Protective Order by signing 26 a copy of Exhibit A; 27 /// 28 /// 8 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER Case 2:2 0-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 10 of 18 Page ID #:1046

1 (vi) Any mediator who is assigned to hear this matter, and his or her 2 staff, subject to their agreement to maintain confidentiality to the same degree as 3 required by this Protective Order; and 4 (vii) Any other person with the prior written consent of the Producing 5 Party. 6 (c) In addition, a Party may disclose arguments and materials derived from 7 Discovery Material designated as “CONFIDENTIAL – ATTORNEYS’ EYES 8 ONLY” to mock jurors who have signed an undertaking or agreement agreeing not 9 to publicly disclose Protected Material and to keep any information concerning 10 Protected Material confidential. A Party may not disclose to mock jurors any 11 original, as-produced materials or information (including, for example, documents, 12 deposition testimony, or interrogatory responses) produced by another Party 13 designated as “CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” 14 10. CHALLENGING DESIGNATIONS OF PROTECTED MATERIAL 15 (a) A Party shall not be obligated to challenge the propriety of any 16 designation of Discovery Material under this Order at the time the designation is 17 made, and a failure to do so shall not preclude a subsequent challenge thereto so long 18 as any such challenge is made at a time that is consistent with the Court’s Scheduling 19 Order(s). 20 (b) Any challenge to a designation of Discovery Material under this Order 21 shall be written, shall be served on outside counsel for the Producing Party, shall 22 particularly identify the documents or information that the Receiving Party contends 23 should be differently designated, and shall state the grounds for the objection. 24 Thereafter, further protection of such material shall be resolved in accordance with 25 the following procedures: 26 (i) The objecting Party shall have the burden of conferring either in 27 person, in writing, or by telephone with the Producing Party claiming protection (as 28 9 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER Case 2:2 0-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 11 of 18 Page ID #:1047

1 well as any other interested party) in a good faith effort to resolve the dispute. 2 The Producing Party shall have the burden of justifying the disputed designation; 3 (ii) Failing agreement, the Receiving Party may bring a motion to the 4 Court for a ruling that the Discovery Material in question is not entitled to the status 5 and protection of the Producing Party’s designation. The Parties’ entry into this 6 Order shall not preclude or prejudice either Party from arguing for or against any 7 designation, establish any presumption that a particular designation is valid, or alter 8 the burden of proof that would otherwise apply in a dispute over discovery or 9 disclosure of information; 10 (iii) Notwithstanding any challenge to a designation, the Discovery 11 Material in question shall continue to be treated as designated under this Order until 12 one of the following occurs: (a) the Party who designated the Discovery Material in 13 question withdraws such designation in writing; or (b) the Court rules that the 14 Discovery Material in question is not entitled to the designation. 15 11. SUBPOENAS OR COURT ORDERS 16 (a) If at any time Protected Material is subpoenaed by any court, arbitral, 17 administrative, or legislative body, the Party to whom the subpoena or other request 18 is directed shall immediately give prompt written notice thereof to every Party who 19 has produced such Discovery Material and to its counsel and shall provide each such 20 Party with an opportunity to move for a protective order regarding the production of 21 Protected Materials implicated by the subpoena. 22 12. FILING PROTECTED MATERIAL 23 (a) Absent written permission from the Producing Party or a court Order 24 secured after appropriate notice to all interested persons, a Receiving Party may not 25 file or disclose in the public record any Protected Material. 26 (b) This Order does not itself authorize a Party to file any brief, document 27 or materials that are designated as Protected Material under seal. A Party that seeks 28 to file under seal any Protected Material must comply with Civil Local Rule 79-5 and 10 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER Case 2:2 0-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 12 of 18 Page ID #:1048

1 with any pertinent orders of the assigned District Judge and Magistrate Judge. If a 2 Party's request to file Protected Material under seal is denied by the Court, then the 3 Receiving Party may file the information in the public record unless otherwise 4 instructed by the Court. 5 13. INADVERTENT DISCLOSURE OF PRIVILEGED MATERIAL 6 (a) The inadvertent production by a Party of Discovery Material subject to 7 the attorney-client privilege, work-product protection, or any other applicable 8 privilege or protection, despite the Producing Party’s reasonable efforts to prescreen 9 such Discovery Material prior to production, will not waive the applicable privilege 10 and/or protection if a request for return of such inadvertently produced Discovery 11 Material is made promptly after the Producing Party learns of its inadvertent 12 production. 13 (b) Upon a request from any Producing Party who has inadvertently 14 produced Discovery Material that it believes is privileged and/or protected, each 15 Receiving Party shall immediately return such Protected Material or Discovery 16 Material and all copies to the Producing Party, except for any pages containing 17 privileged markings by the Receiving Party which shall instead be destroyed and 18 certified as such by the Receiving Party to the Producing Party. 19 (c) Nothing herein shall prevent the Receiving Party from preparing a 20 record for its own use containing the date, author, addresses, and topic of the 21 inadvertently produced Discovery Material and such other information as is 22 reasonably necessary to identify the Discovery Material and describe its nature to the 23 Court in any motion to compel production of the Discovery Material. 24 14. INADVERTENT FAILURE TO DESIGNATE PROPERLY 25 (a) The inadvertent failure by a Producing Party to designate Discovery 26 Material as Protected Material with one of the designations provided for under this 27 Order shall not waive any such designation provided that the Producing Party notifies 28 all Receiving Parties that such Discovery Material is protected under one of the 11 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER Case 2:2 0-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 13 of 18 Page ID #:1049

1 categories of this Order within fourteen (14) days of the Producing Party learning of 2 the inadvertent failure to designate. The Producing Party shall reproduce the 3 Protected Material with the correct confidentiality designation within seven (7) days 4 upon its notification to the Receiving Parties. Upon receiving the Protected Material 5 with the correct confidentiality designation, the Receiving Parties shall return or 6 securely destroy, at the Producing Party’s option, all Discovery Material that was not 7 designated properly. 8 (b) A Receiving Party shall not be in breach of this Order for any use of 9 such Discovery Material before the Receiving Party receives such notice that such 10 Discovery Material is protected under one of the categories of this Order, unless an 11 objectively reasonable person would have realized that the Discovery Material should 12 have been appropriately designated with a confidentiality designation under this 13 Order. Once a Receiving Party has received notification of the correct confidentiality 14 designation for the Protected Material with the correct confidentiality designation, the 15 Receiving Party shall treat such Discovery Material at the appropriately designated level 16 pursuant to the terms of this Order. 17 15. INADVERTENT DISCLOSURE NOT AUTHORIZED BY ORDER 18 (a) In the event of a disclosure of any Discovery Material pursuant to this 19 Order to any person or persons not authorized to receive such disclosure under this 20 Protective Order, the Party responsible for having made such disclosure, and each 21 Party with knowledge thereof, shall immediately notify counsel for the Producing 22 Party whose Discovery Material has been disclosed and provide to such counsel all 23 known relevant information concerning the nature and circumstances of the 24 disclosure. The responsible disclosing Party shall also promptly take all reasonable 25 measures to retrieve the improperly disclosed Discovery Material and to ensure that 26 no further or greater unauthorized disclosure and/or use thereof is made 27 28 12 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER Case 2:2 0-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 14 of 18 Page ID #:1050

1 (b) Unauthorized or inadvertent disclosure does not change the status of 2 Discovery Material or waive the right to hold the disclosed document or information 3 as Protected. 4 16. FINAL DISPOSITION 5 (a) Not later than ninety (90) days after the Final Disposition of this case, 6 each Party shall return all Discovery Material of a Producing Party that is designated 7 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to the 8 respective outside counsel of the Producing Party or destroy such Material, at the 9 option of the Producing Party. For purposes of this Order, “Final Disposition” occurs 10 after an order, mandate, or dismissal finally terminating the above-captioned action 11 with prejudice, including all appeals. 12 (b) All Parties that have received any such “CONFIDENTIAL” or 13 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Discovery Material shall certify 14 in writing that all such materials have been returned to the respective outside counsel 15 of the Producing Party or destroyed. Notwithstanding the provisions for return of 16 Discovery Material, outside counsel may retain one set of pleadings, correspondence 17 and attorney and consultant work product (but not document productions) for archival 18 purposes. 19 17. DISCOVERY FROM EXPERTS OR CONSULTANTS 20 (a) Absent good cause, drafts of reports of testifying experts, and reports 21 and other written materials, including drafts, of consulting experts, shall not be 22 discoverable. 23 (b) Reports and materials exempt from discovery under the foregoing 24 Paragraph shall be treated as attorney work product for the purposes of this case and 25 Protective Order. 26 18. MISCELLANEOUS 27 (a) Right to Further Relief. Nothing in this Order abridges the right of any 28 person to seek its modification by the Court in the future. By stipulating to this Order, 13 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER Case 2:2 0-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 15 of 18 Page ID #:1051

1 the Parties do not waive the right to argue that certain material may require additional 2 or different confidentiality protections than those set forth herein. 3 (b) Termination of Matter and Retention of Jurisdiction. The Parties agree 4 that the terms of this Protective Order shall survive and remain in effect after the Final 5 Determination of the above-captioned matter. The Court shall retain jurisdiction after 6 Final Determination of this matter to hear and resolve any disputes arising out of this 7 Protective Order. 8 (c) Successors. This Order shall be binding upon the Parties hereto, their 9 attorneys, and their successors, executors, personal representatives, administrators, 10 heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, 11 retained consultants and experts, and any persons or organizations over which they 12 have direct control. 13 (d) Right to Assert Other Objections. By stipulating to the entry of this 14 Protective Order, no Party waives any right it otherwise would have to object to 15 disclosing or producing any information or item. Similarly, no Party waives any right 16 to object on any ground to use in evidence of any of the material covered by this 17 Protective Order. This Order shall not constitute a waiver of the right of any Party to 18 claim in this action or otherwise that any Discovery Material, or any portion thereof, 19 is privileged or otherwise non-discoverable, or is not admissible in evidence in this 20 action or any other proceeding. 21 (e) Burdens of Proof. Notwithstanding anything to the contrary above, 22 nothing in this Protective Order shall be construed to change the burdens of proof or 23 legal standards applicable in disputes regarding whether particular Discovery 24 Material is confidential, which level of confidentiality is appropriate, whether 25 disclosure should be restricted, and if so, what restrictions should apply. 26 (f) Modification by Court. This Order is subject to further court order based 27 upon public policy or other considerations, and the Court may modify this Order sua 28 sponte in the interests of justice. The United States District Court for the Central 14 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER Case 2:2 0-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 16 of 18 Page ID #:1052

1 District of California is responsible for the interpretation and enforcement of this 2 Order. All disputes concerning Protected Material, however designated, produced 3 under the protection of this Order shall be resolved by the United States District Court 4 for the Central District of California. 5 (g) Discovery Rules Remain Unchanged. Nothing herein shall alter or 6 change in any way the discovery provisions of the Federal Rules of Civil Procedure, 7 the Local Rules for the United States District Court for the Central District of 8 California, or the Court’s own orders. Identification of any individual pursuant to 9 this Protective Order does not make that individual available for deposition or any 10 other form of discovery outside of the restrictions and procedures of the Federal Rules 11 of Civil Procedure, the Local Rules for the United States District Court for the Central 12 District of California, or the Court’s own orders. 13 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 14 15 DATED: November 8, 2022 DAVIS WRIGHT TREMAINE LLP

16 By: /s/Nicolas A. Jampol Nicolas A. Jampol 17 Attorneys for Defendants 18

19 DATED: November 8, 2022 ERIKSON LAW GROUP

20 By: /s/ David Alden Erikson David Alden Erikson 21 Attorneys for Plaintiff 22 ///

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2 Pursuant to Central District of California Local Rule 5-4.3.4(a)(2)(i), I hereby 3 certify that the content of this document is acceptable to counsel for plaintiff 4 Francesca Gregorini, and I have obtained their authorization to affix David Alden 5 Erikson’s electronic signature to this document. 6 DATED: November 8, 2022 DAVIS WRIGHT TREMAINE LLP 7 By: /s/ Nicolas A. Jampol 8 Nicolas A. Jampol 9 Attorneys for Defendants 10

13 14 Dated: November 9, 2022 By: /s/ Hon. Jacqueline Chooljian 15 United States Magistrate Judge 16 17 18 19 20 21

28 16 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER Case 2:2 0-cv-00406-SSS-JC Document 103 Filed 11/09/22 Page 18 of 18 Page ID #:1054

2 I, , acknowledge and declare that I have received 3 a copy of the Protective Order (“Order”) in Gregorini v. Apple Inc. et al., United 4 States District Court, Central District of California, Eastern Division, Civil Action 5 No. 2:20-cv-00406. Having read and understood the terms of the Order, I agree to 6 be bound by the terms of the Order and consent to the jurisdiction of said Court for 7 the purpose of any proceeding to enforce the terms of the Order. 8 Name of individual: 9 Present occupation/job description: 10 11 12 Name of Company or Firm: 13 Address: 14 Dated: 15

16 [Signature] 17 18 19 20 21 22 23 24 25 26 27 28 17 S 48T 8I 9P -8U 54L 7A -7T 94E 9D v.1 P 0R 11O 32T 3E 7-C 00T 0I 0V 03E ORDER