IZMO, Inc. v. Sixt Rent A Car, LLC

• Court: District Court, C.D. California
• Decided: June 23, 2021
• Docket: 2:20-cv-10693
• Status: Unknown

Opinion

1 LEWIS BRISBOIS BISGAARD & SMITH LLP DANIEL C. DECARLO, SB# 160307 2 E-Mail: Dan.DeCarlo@lewisbrisbois.com ESTHER Y. SHIN, SB# 324049 3 E-Mail: Esther.Shin@lewisbrisbois.com 633 West 5th Street, Suite 4000 4 Los Angeles, California 90071 Telephone: 213-250-1800 5 Facsimile: 213-250-7900

6 Attorneys for Defendant Sixt Rent A Car, LLC

7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

11 IZMO, INC., Case No. 2:20-CV-10693-DDP-AFM 12 Plaintiff, Hon. Alexander F. MacKinnon 13 v. 14 SIXT RENT A CAR, LLC, AMENDED STIPULATED 15 PROTECTIVE ORDER Defendant. 16 Trial Date: None Set 17

18 Plaintiff Izmo, Inc. (“Plaintiff”) and Defendant Sixt Rent a Car, LLC (“Defendant’) 19 (collectively, the “Parties,” and individually, a “Party”), by and through their undersigned counsel 20 of record, hereby stipulate as follows: 21 1. A. PURPOSES AND LIMITATIONS 22 Discovery in this action may involve production of confidential, proprietary, or private 23 information for which special protection from public disclosure and from use for any purpose 24 other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate 25 to and petition the Court to enter the following Stipulated Protective Order. The parties 26 acknowledge that this Order does not confer blanket protections on all disclosures or responses to 27 discovery and that the protection it affords from public disclosure and use extends only to the 28 1 limited information or items that are entitled to confidential treatment under the applicable legal 2 principles. 3 B. GOOD CAUSE STATEMENT 4 This action may involve sensitive business information and other valuable commercial, 5 financial, private, technical and/or proprietary information for which special protection from public 6 disclosure and from use for any purpose other than prosecution of this action is warranted. 7 This action is likely to involve trade secrets, customer and pricing lists and other valuable 8 research, development, commercial, financial, technical and/or proprietary information for which 9 special protection from public disclosure and from use for any purpose other than prosecution of 10 this action is warranted. Such confidential and proprietary materials and information consist of, 11 among other things, confidential business or financial information, information regarding 12 confidential business practices, or other confidential research, development, or commercial 13 information (including information implicating privacy rights of third parties), information 14 otherwise generally unavailable to the public, or which may be privileged or otherwise protected 15 from disclosure under state or federal statutes, court rules, case decisions, or common law. 16 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes 17 over confidentiality of discovery materials, to adequately protect information the parties are entitled 18 to keep confidential, to ensure that the parties are permitted reasonable necessary uses of such 19 material in preparation for and in the conduct of trial, to address their handling at the end of the 20 litigation, and serve the ends of justice, a protective order for such information is justified in this 21 matter. It is the intent of the parties that information will not be designated as confidential for 22 tactical reasons and that nothing be so designated without a good faith belief that it has been 23 maintained in a confidential, non-public manner, and there is good cause why it should not be part 24 of the public record of this case. 25 C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER SEAL 26 The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 27 Protective Order does not entitle them to file confidential information under seal; Local Civil Rule 28 1 79-5 sets forth the procedures that must be followed and the standards that will be applied when a 2 party seeks permission from the court to file material under seal. 3 There is a strong presumption that the public has a right of access to judicial proceedings 4 and records in civil cases. In connection with non-dispositive motions, good cause must be shown 5 to support a filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 6 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1207, 1210-11 (9th Cir. 2002); Makar- 7 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 8 orders require good cause showing), and a specific showing of good cause or compelling rasons 9 with proper evidentiary support and legal justification, must be made with respect to Protected 10 Material that a party seeks to file under seal. The parties’ mere designation of Disclosure of 11 Discovery Material as CONFIDENTIAL or HIGHLY CONFIDENTIAL does not—without the 12 submission of competent evidence by declaration, establishing that the material sought to be filed 13 under seal qualifies as confidential, privileged, or otherwise protectable—constitute good cause. 14 Further, if a party requests sealing related to a dispositive motion or trial, then compelling 15 reasons, not only good cause, for the sealing must be shown, and the relief sought shall be narrowly 16 tailored to serve the specific interests to be protected. See Pintos v. Pacific Creditors Ass’n, 605 17 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or thing sought 18 to be filed or introduced under seal in connection with a dispositive motion or trial, the party seeking 19 protection must articulate compelling reasons, supported by specific facts and legal justification, 20 for the requested sealing order. Again, competent evidence supporting the application to file 21 documents under seal must be provided by declaration. 22 Any document that is not confidential, privileged, or otherwise protectable in its entirety 23 will not be filed under seal if the confidential portions can be redacted. If documents can be 24 redacted, then a redacted version for public viewing, omitting only the confidential, privileged, or 25 otherwise protectable portions of the document, shall be filed. Any application that seeks to file 26 documents under seal in their entirety should include an explanation of why redaction is not 27 feasible. 28 2. DEFINITIONS 1 2.1 Action: This pending federal law suit, Case No. 2:20-CV-10693-DDP-AFM. 2 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information 3 or items under this Order. 4 2.3 “CONFIDENTIAL” and “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 5 ONLY” Information or Items: information (regardless of how it is generated, stored or maintained) 6 or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as 7 specified above in the Good Cause Statement. 8 2.4 Counsel: Outside Counsel of Record (and their attorneys and staff) and House Counsel 9 (as well as their support staff). 10 2.5 Designating Party: a Party or Non-Party that designates information or items that it 11 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY 12 CONFIDENTIAL—ATTORNEYS’ EYES ONLY”. 13 2.6 Disclosure or Discovery Material: all items or information, regardless of the medium or 14 manner in which it is generated, stored, or maintained (including, among other things, testimony, 15 transcripts, and tangible things), that are produced or generated in disclosures or responses to 16 discovery in this matter. 17 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the 18 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 19 consultant in this Action. 20 2.8 House Counsel: attorneys who are employees of a party to this Action. House Counsel 21 does not include Outside Counsel of Record or any other outside counsel. 22 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal 23 entity not named as a Party to this action. 24 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this Action 25 but are retained to represent or advise a party to this Action and have appeared in this Action on 26 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party, and 27 includes support staff. 28 1 2.11 Party: any party to this Action, including all of its officers, directors, employees, 2 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 3 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material 4 in this Action. 5 2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., 6 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 7 storing, or retrieving data in any form or medium) and their employees and subcontractors. 8 2.14 Protected Material: any Disclosure or Discovery Material that is designated as 9 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. 10 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a 11 Producing Party. 12 3. SCOPE 13 The protections conferred by this Stipulation and Order cover not only Protected Material 14 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 15 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 16 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 17 Any use of Protected Material at trial shall be governed by the orders of the trial judge. 18 This Order does not govern the use of Protected Material at trial. 19 4. DURATION 20 Even after final disposition of this litigation, the confidentiality obligations imposed by this 21 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 22 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 23 and defenses in this Action, with or without prejudice; and (2) final judgment herein after the 24 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 25 including the time limits for filing any motions or applications for extension of time pursuant to 26 applicable law. That said, and not withstanding anything else set forth in this stipulation, if during 27 a hearing or trial the Court permits the filing of or admits evidence or information without a 28 1 confidentiality designation, that filing and/or evidence shall no longer be considered confidential 2 pursuant to the protective order. 3 Once a case proceeds to trial, information that was designated as CONFIDENTIAL or 4 maintained pursuant to this protective order used or introduced as an exhibit at trial becomes public 5 and will be presumptively available to all members of the public, including the press, unless 6 compelling reasons supported by specific factual findings to proceed otherwise are made to the trial 7 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 8 showing for sealing documents produced in discovery from “compelling reasons” standard when 9 merits-related documents are part of court record). Accordingly, the terms of this protective order 10 do not extend beyond the commencement of the trial. 11 5. DESIGNATING PROTECTED MATERIAL 12 5.1 Exercise of Restraint and Care in Designating Material for Protection. 13 Each Party or Non-Party that designates information or items for protection as 14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” under this 15 Order must take care to limit any such designation to specific material that qualifies under the 16 appropriate standards. The Designating Party must designate for protection only those parts of 17 material, documents, items, or oral or written communications that qualify so that other portions of 18 the material, documents, items, or communications for which protection is not warranted are not 19 swept unjustifiably within the ambit of this Order. 20 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 21 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 22 encumber the case development process or to impose unnecessary expenses and burdens on other 23 parties) may expose the Designating Party to sanctions. 24 If it comes to a Designating Party’s attention that information or items that it designated 25 for protection do not qualify for protection, that Designating Party must promptly notify all other 26 Parties that it is withdrawing the inapplicable designation. 27 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, 28 e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure 1 or Discovery Material that qualifies for protection under this Order must be clearly so designated 2 before the material is disclosed or produced. 3 Designation in conformity with this Order requires: 4 (a) for information in documentary form (e.g., paper or electronic documents, but excluding 5 transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix at a 6 minimum, the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ 7 EYES ONLY” (hereinafter “CONFIDENTIAL or HIGHLY CONFIDENTIAL—ATTORNEYS’ 8 EYES ONLY legend”), to each page that contains protected material. If only a portion or portions 9 of the material on a page qualifies for protection, the Producing Party also must clearly identify the 10 protected portion(s) (e.g., by making appropriate markings in the margins). 11 A Party or Non-Party that makes original documents available for inspection need not 12 designate them for protection until after the inspecting Party has indicated which documents it 13 would like copied and produced. During the inspection and before the designation, all of the 14 material made available for inspection shall be deemed “CONFIDENTIAL” or “HIGHLY 15 CONFIDENTIAL—ATTORNEYS’ EYES ONLY”. After the inspecting Party has identified the 16 documents it wants copied and produced, the Producing Party must determine which documents, 17 or portions thereof, qualify for protection under this Order. Then, before producing the specified 18 documents, the Producing Party must affix the “CONFIDENTIAL or HIGHLY 19 CONFIDENTIAL—ATTORNEYS’ EYES ONLY legend” to each page that contains Protected 20 Material. If only a portion or portions of the material on a page qualifies for protection, the 21 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 22 markings in the margins). 23 (b) for testimony given in depositions that the Designating Party identify the Disclosure or 24 Discovery Material on the record, before the close of the deposition all protected testimony. 25 (c) for information produced in some form other than documentary and for any other 26 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 27 or containers in which the information is stored the legend “CONFIDENTIAL” or “HIGHLY 28 CONFIDENTIAL—ATTORNEYS’ EYES ONLY”. If only a portion or portions of the 1 information warrants protection, the Producing Party, to the extent practicable, shall identify the 2 protected portion(s). 3 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate 4 qualified information or items does not, standing alone, waive the Designating Party’s right to 5 secure protection under this Order for such material. Upon timely correction of a designation, the 6 Receiving Party must make reasonable efforts to assure that the material is treated in accordance 7 with the provisions of this Order. 8 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 10 confidentiality at any time that is consistent with the Court’s Scheduling Order. 11 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 12 under Local Rule 37-1, et seq. or follow the procedures for informal, telephonic discovery hearings 13 on the Court's website. 14 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint stipulation 15 pursuant to Local Rule 37-2. 16 6.4 The burden of persuasion in any such challenge proceeding shall be on the Designating 17 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 18 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 19 Unless the Designating Party has waived or withdrawn the confidentiality designation, all parties 20 shall continue to afford the material in question the level of protection to which it is entitled under 21 the Producing Party’s designation until the Court rules on the challenge. 22 7. ACCESS TO AND USE OF PROTECTED MATERIAL 23 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 24 produced by another Party or by a Non-Party in connection with this Action only for prosecuting, 25 defending, or attempting to settle this Action. Such Protected Material may be disclosed only to 26 the categories of persons and under the conditions described in this Order. When the Action has 27 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 28 DISPOSITION). 1 Protected Material must be stored and maintained by a Receiving Party at a location and 2 in a secure manner that ensures that access is limited to the persons authorized under this Order. 3 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by 4 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 5 information or item designated “CONFIDENTIAL” only to: 6 The Receiving Party; 7 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as employees 8 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 9 for this Action; 10 (b) the officers, directors, and employees (including House Counsel) of the Receiving 11 Party to whom disclosure is reasonably necessary for this Action; 12 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 13 reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement 14 to Be Bound” (Exhibit A); 15 (d) the court and its personnel; 16 (e) court reporters and their staff; 17 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to whom 18 disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and 19 Agreement to Be Bound” (Exhibit A); 20 (g) the author or recipient of a document containing the information or a custodian or other 21 person who otherwise possessed or knew the information; 22 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to whom 23 disclosure is reasonably necessary provided: (1) the deposing party requests that the witness sign 24 the form attached as Exhibit A hereto; and (2) they will not be permitted to keep any confidential 25 information unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 26 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 27 deposition testimony or exhibits to depositions that reveal Protected Material may be separately 28 1 bound by the court reporter and may not be disclosed to anyone except as permitted under this 2 Stipulated Protective Order; and 3 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed 4 upon by any of the parties engaged in settlement discussions. 5 7.3 Disclosure of “HIGHLY CONFIDENTIAL –ATTORNEYS’ EYES ONLY” 6 Information or Items: Unless otherwise ordered by the court or permitted in writing by the 7 Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY 8 CONFIDENTIAL—ATTORNEYS’ EYES ONLY” only to: 9 a. The Receiving Party’s Outside Litigation Counsel of Record in this Action, as well as 10 employees of said Outside Litigation Counsel of Record to whom it is reasonably necessary to 11 disclose the information for this litigation and who have signed the “Acknowledgement and 12 Agreement to be Bound” that is attached hereto as Exhibit A; 13 b. Outside consultants/experts for the Receiving Party, who are not employed by or 14 affiliated with any of the Parties to this Action, but who are specifically engaged by the Receiving 15 Party’s Outside Litigation Counsel of Record to assist in this litigation and who have signed the 16 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 c. Any court reporter and video recorder operator retained by any Party to record a 18 deposition in the Action; 19 d. The Court and its officers, court stenographers and outside copy services whose function 20 requires them to have access to material designated as “HIGHLY CONFIDENTIAL— 21 ATTORNEYS’ EYES ONLY” under this Protective Order. 22 e. Any other person the Designating Party agrees in writing in advance of any disclosure. 23 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 24 OTHER LITIGATION 25 If a Party is served with a subpoena or a court order issued in other litigation that compels 26 disclosure of any information or items designated in this Action as “CONFIDENTIAL” or 27 “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” that Party must: 28 1 (a) promptly notify in writing the Designating Party. Such notification shall include a copy 2 of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 4 other litigation that some or all of the material covered by the subpoena or order is subject to this 5 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 6 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 7 Designating Party whose Protected Material may be affected. 8 If the Designating Party timely seeks a protective order, the Party served with the subpoena 9 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 10 or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” before a determination by the 11 court from which the subpoena or order issued, unless the Party has obtained the Designating 12 Party’s permission. The Designating Party shall bear the burden and expense of seeking protection 13 in that court of its confidential material and nothing in these provisions should be construed as 14 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive from 15 another court. 16 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 17 THIS LITIGATION 18 (a) The terms of this Order are applicable to information produced by a Non-Party in this 19 Action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ 20 EYES ONLY” Such information produced by Non-Parties in connection with this litigation is 21 protected by the remedies and relief provided by this Order. Nothing in these provisions should be 22 construed as prohibiting a Non-Party from seeking additional protections. 23 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 24 Party’s confidential information in its possession, and the Party is subject to an agreement with the 25 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 26 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all 27 of the information requested is subject to a confidentiality agreement with a Non-Party; 28 1 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in 2 this Action, the relevant discovery request(s), and a reasonably specific description of the 3 information requested; and 4 (3) make the information requested available for inspection by the Non-Party, if 5 requested. 6 (c) If the Non-Party fails to seek a protective order from this court within 14 days of 7 receiving the notice and accompanying information, the Receiving Party may produce the Non- 8 Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks 9 a protective order, the Receiving Party shall not produce any information in its possession or control 10 that is subject to the confidentiality agreement with the Non-Party before a determination by the 11 court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 12 seeking protection in this court of its Protected Material. 13 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 14 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 15 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 16 the Receiving Party must immediately (a) notify in writing the Designating Party of the 17 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 18 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 19 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 20 Agreement to Be Bound” that is attached hereto as Exhibit A. 21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 22 PROTECTED MATERIAL 23 When a Producing Party gives notice to Receiving Parties that certain inadvertently 24 produced material is subject to a claim of privilege or other protection, the obligations of the 25 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 26 is not intended to modify whatever procedure may be established in an e-discovery order that 27 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) 28 and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or 1 information covered by the attorney-client privilege or work product protection, the parties may 2 incorporate their agreement in the stipulated protective order submitted to the court. 3 12. MISCELLANEOUS 4 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek 5 its modification by the Court in the future. 6 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 7 no Party waives any right it otherwise would have to object to disclosing or producing any 8 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 9 Party waives any right to object on any ground to use in evidence of any of the material covered by 10 this Protective Order. 11 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected Material 12 must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant 13 to a court order authorizing the sealing of the specific Protected Material at issue. If a Party's request 14 to file Protected Material under seal is denied by the court, then the Receiving Party may file the 15 information in the public record unless otherwise instructed by the court. 16 13. FINAL DISPOSITION 17 After the final disposition of this Action, as defined in paragraph 4, within 60 days of a 18 written request by the Designating Party, each Receiving Party must return all Protected Material 19 to the Producing Party or destroy such material. As used in this subdivision, “all Protected Material” 20 includes all copies, abstracts, compilations, summaries, and any other format reproducing or 21 capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, 22 the Receiving Party must submit a written certification to the Producing Party (and, if not the same 23 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, 24 where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the 25 Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format 26 reproducing or capturing any of the Protected Material. Notwithstanding this provision, Counsel 27 are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 28 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 1 || work product, and consultant and expert work product, even if such materials contain Protected 2 || Material. Any such archival copies that contain or constitute Protected Material remain subject to 3 || this Protective Order as set forth in Section 4 (DURATION). 4 || 14. — Any violation of this Order may be punished by any and all appropriate measures 5 || including, without limitation, contempt proceedings and/or monetary sanctions. 6 7 || ISSO STIPULATED, THROUGH COUNSEL OF RECORD. g DATED: June 16, 2021 g || □□ Remi Salter Attorneys for Plaintiff 10 11 || DATED: June 16, 2021 /s/ Daniel C. DeCarlo 13 || Attorneys for Defendant 14 13 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 16 DATED: 6/23/2021 17 . &—~ 19 || HON. ALEXANDER F. MacKINNON 20 United States Magistrate Judge \\ 21 \\ 22 \\ 23 24 25 26 27 28

1 2 EXHIBIT A 3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 I, _____________________________ [print or type full name], of _________________ [print or 5 type full address], declare under penalty of perjury that I have read in its entirety and understand 6 the Stipulated Protective Order that was issued by the United States District Court for the Central 7 District of California on [date] in the case of Izmo, Inc. v. Sixt Rent a Car, LLC, Case No. 2:20- 8 CV-10693-DDP-AFM. I agree to comply with and to be bound by all the terms of this Stipulated 9 Protective Order and I understand and acknowledge that failure to so comply could expose me to 10 sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in 11 any manner any information or item that is subject to this Stipulated Protective Order to any 12 person or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Central District of California for the purpose of enforcing the terms of this Stipulated Protective 15 Order, even if such enforcement proceedings occur after termination of this action. I hereby 16 appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone 18 number] as my California agent for service of process in connection with this action or any 19 proceedings related to enforcement of this Stipulated Protective Order. 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________ 22 Printed name: _______________________________ 23 Signature: __________________________________ 24 25 26 27 28