Jennifer Stark v. Shein Distribution Corporation

• Court: District Court, C.D. California
• Decided: March 23, 2023
• Docket: 2:22-cv-06016
• Status: Unknown

Opinion

se 2:22-cv-06016-JAK-AFM Document 22 Filed 03/23/23 Page1of18 Page ID #:19 2 4 6 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 || JENNIFER STARK, an individual; Case No. 2:22—cv—06016 JAK (AFMx) 13 Plaintiff, 14 STIPULATED PROTECTIVE 15 ORDER! SHEIN DISTRIBUTION 16 || CORPORATION; and DOES 1-10 17 || inclusive. 18 Defendants. 19 20 21 22 23 24 29 Hi This Stipulated Protective Order is based substantially on the model protective 26 || order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures. The 97 || “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” designation is based on the model order provided under Magistrate Judge Jacqueline Chooljian’s 28 |! Procedures.

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1 | A. 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. B. GOOD CAUSE STATEMENT 13 This action ts likely to involve customer and pricing lists and valuable 14 ||development, commercial, financial, and/or proprietary information for which 15 ||special protection from public disclosure and from use for any purpose other than 16 |} prosecution of this action is warranted. Such confidential and proprietary materials 17 || and information consist of, among other things, confidential business or financial 18 ||information, information regarding confidential business practices, other 19 || confidential development and commercial information (including information 20 implicating privacy rights of third parties), and information otherwise generally 21 || unavailable to the public or which may be protected from disclosure under state or 22 || federal statutes, court rules, case decisions, or common law. Accordingly, to 23 || expedite the flow of information, to facilitate the prompt resolution of disputes over 24 || confidentiality of discovery materials, to adequately protect information the parties 25 || are entitled to keep confidential, to ensure that the parties are permitted reasonable 26 ||necessary uses of such material in preparation for and in the conduct of trial, to 27 || address their handling at the end of the litigation, and serve the ends of justice, a 28 || protective order for such information 1s justified in this matter. It is the intent of the

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1 || parties that information will not be designated as confidential for tactical reasons 2 || and that nothing be so designated without a good faith belief that it has been 3 || maintained in a confidential, non-public manner, and there is good cause why it 4 ||should not be part of the public record of this case. 6 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 7 SEAL 8 The parties further acknowledge, as set forth in Section 12.3, below, that this 9 || Stipulated Protective Order does not entitle them to file confidential information 10 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 11 the standards that will be applied when a party seeks permission from the court 12 || to file material under seal. 13 There is a strong presumption that the public has a right of access to judicial 14 || proceedings and records in civil cases. In connection with non-dispositive motions, 15 || good cause must be shown to support a filing under seal. See Kamakana v. City and 16 || County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 17 || Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 18 ||Jnc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 19 ||require good cause showing), and a specific showing of good cause or compelling 20 ||reasons with proper evidentiary support and legal justification, must be made with 21 ||respect to Protected Material that a party seeks to file under seal. The parties’ mere 22 || designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 23 || without the submission of competent evidence by declaration, establishing that the 24 || material sought to be filed under seal qualifies as confidential, privileged, or 25 || otherwise protectable—constitute good cause. 26 Further, if a party requests sealing related to a dispositive motion or trial, 27 then compelling reasons, not only good cause, for the sealing must be shown, and 28 || the relief sought shall be narrowly tailored to serve the specific interest to be

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1 || protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2 || 2010). For each item or type of information, document, or thing sought to be filed 3 || or introduced under seal in connection with a dispositive motion or trial, the party 4 seeking protection must articulate compelling reasons, supported by specific facts 5 || and legal justification, for the requested sealing order. Again, competent evidence 6 || supporting the application to file documents under seal must be provided by 7 || declaration. 8 Any document that is not confidential, privileged, or otherwise protectable in 9 || its entirety will not be filed under seal if the confidential portions can be redacted. 10 || If documents can be redacted, then a redacted version for public viewing, omitting 11 || only the confidential, privileged, or otherwise protectable portions of the document, 12 shall be filed. Any application that seeks to file documents under seal in their 13 || entirety should include an explanation of why redaction is not feasible. 14 15 |{2. DEFINITIONS 16 2.1 Action: this pending federal lawsuit. 17 2.2 Challenging Party: a Party or Non-Party that challenges the 18 || designation of information or items under this Order. 19 2.3. “CONFIDENTIAL” Information or Items: information (regardless of 20 || how it is generated, stored or maintained) or tangible things that qualify for 21 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in 22 || the Good Cause Statement. 23 2.4 “HIGHLY CONFIDENTIAL —- ATTORNEYS’ EYES ONLY” 24 || Information or Items: extremely sensitive “CONFIDENTIAL” Information or 25 Items, the disclosure of which to another Party or Non-Party would create a 26 |! substantial risk of serious harm that could not be avoided by less restrictive means. 27 28

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1 2.5 Counsel: Outside Counsel of Record and House Counsel (as well 2 || as their support staff). 3 2.6 Designating Party: a Party or Non-Party that designates 4 || information or items that it produces in disclosures or in responses to discovery as 5 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 6 |}ONLY.” 7 2.7 Disclosure or Discovery Material: all items or information, 8 ||regardless of the medium or manner in which it is generated, stored, or maintained 9 || (including, among other things, testimony, transcripts, and tangible things), that are 10 || produced or generated in disclosures or responses to discovery in this matter. 11 2.8 Expert: a person with specialized knowledge or experience in a 12 || matter pertinent to the litigation who has been retained by a Party or its counsel to 13 serve as an expert witness or as a consultant in this Action. 14 2.9 House Counsel: attorneys who are employees of a party to this 15 || Action. House Counsel does not include Outside Counsel of Record or any other 16 |} outside counsel. 17 2.10 Non-Party: any natural person, partnership, corporation, association 18 |/or other legal entity not named as a Party to this action. 19 2.11 Qutside Counsel of Record: □□ attorneys who are not employees of a 20 || party to this Action but are retained to represent or advise a party to this Action and 21 || have appeared in this Action on behalf of that party or are affiliated with a law firm 22 that has appeared on behalf of that party, and includes support staff. 23 2.12 Party: any party to this Action, including all of its officers, 24 || directors, employees, consultants, retained experts, and Outside Counsel of Record 25 ||(and their support staffs). 26 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 27 || Discovery Material in this Action. 28

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1 2.14 Professional Vendors: persons or entities that provide litigation 2 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or 3 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 4 || and their employees and subcontractors. 5 2.15 Protected Material: any Disclosure or Discovery Material that is 6 || designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — 7 || ATTORNEYS’ EYES ONLY.” 8 2.16 Receiving Party: a Party that receives Disclosure or Discovery 9 || Material from a Producing Party. 10 SCOPE 11 The protections conferred by this Stipulation and Order cover not only 12 || Protected Material (as defined above), but also (1) any information copied or 13 || extracted from Protected Material; (2) all copies, excerpts, summaries, or 14 ||}compilations of Protected Material; and (3) any testimony, conversations, or 15 || presentations by Parties or their Counsel that might reveal Protected Material. 16 Any use of Protected Material at trial shall be governed by the orders of the 17 || trial judge. This Order does not govern the use of Protected Material at trial. 18 19 |/4. DURATION 20 Even after final disposition of this litigation, the confidentiality obligations 21 ||imposed by this Order shall remain in effect until a Designating Party agrees 22 || otherwise in writing or a court order otherwise directs. Final disposition shall be 23 ||deemed to be the later of (1) dismissal of all claims and defenses in this Action, 24 || with or without prejudice; and (2) final judgment herein after the completion and 25 || exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 26 || including the time limits for filing any motions or applications for extension of time 27 || pursuant to applicable law. 28

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1 |{5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 || Each Party or Non-Party that designates information or items for protection under 4 || this Order must take care to limit any such designation to specific material that 5 || qualifies under the appropriate standards. The Designating Party must designate for 6 || protection only those parts of material, documents, items or oral or written 7 || communications that qualify so that other portions of the material, documents, 8 ||1tems or communications for which protection is not warranted are not swept 9 || unjustifiably within the ambit of this Order. 10 Mass, indiscriminate or routinized designations are prohibited. Designations 11 that are shown to be clearly unjustified or that have been made for an improper 12 || purpose (e.g., to unnecessarily encumber the case development process or to 13 || impose unnecessary expenses and burdens on other parties) may expose the 14 || Designating Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 || designated for protection do not qualify for protection, that Designating Party must 17 ||promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 5.2. Manner and Timing of Designations. Except as otherwise provided in 19 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 20 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 21 || under this Order must be clearly so designated before the material is disclosed or 22 || produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic 25 documents, but excluding transcripts of depositions or other pretrial or trial 26 || proceedings), that the Producing Party affix at a minimum, the legend 27 ||“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 28 || ONLY” to each page that contains protected material. If only a portion of the

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1 || material on a page qualifies for protection, the Producing Party also must clearly 2 || identify the protected portion(s) (e.g., by making appropriate markings in the 3 || margins). 4 A Party or Non-Party that makes original documents available for inspection 5 ||need not designate them for protection until after the inspecting Party has indicated 6 || which documents it would like copied and produced. During the inspection and 7 || before the designation, all of the material made available for inspection shall be 8 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 9 || documents it wants copied and produced, the Producing Party must determine 10 |} which documents, or portions thereof, qualify for protection under this Order. Then, 11 || before producing the specified documents, the Producing Party must affix the 12 ||“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 13 ||} ONLY” to each page that contains Protected Material. If only a portion of the 14 || material on a page qualifies for protection, the Producing Party also must clearly 15 |/identify the protected portion(s) (e.g., by making appropriate markings in the 16 || margins). 17 (b) for testimony given in depositions that the Designating Party identifies on 18 || the record, before the close of the deposition, as protected testimony. 19 (c) for information produced in some form other than documentary and for 20 other tangible items, that the Producing Party affix in a prominent place on the 21 || exterior of the container or containers in which the information is stored the legend 22 ||““CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 23 |} ONLY.” If only a portion or portions of the information warrants protection, the 24 || Producing Party, to the extent practicable, shall identify the protected portion(s). 25 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 26 || failure to designate qualified information or items does not, standing alone, waive 27 Designating Party’s right to secure protection under this Order for such 28 || material. Upon timely correction of a designation, the Receiving Party must make

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1 reasonable efforts to assure that the material is treated in accordance with the 2 || provisions of this Order. 4 ||6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 6 || designation of confidentiality at any time that is consistent with the Court’s 7 || Scheduling Order. 8 6.2. Meet and Confer. The Challenging Party shall initiate the dispute 9 ||resolution process under Local Rule 37-1 et seq. 10 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 11 ||joint stipulation pursuant to Local Rule 37-2. 12 6.4 The burden of persuasion in any such challenge proceeding shall be on 13 || the Designating Party. Frivolous challenges, and those made for an improper 14 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 15 || parties) may expose the Challenging Party to sanctions. Unless the Designating 16 || Party has waived or withdrawn the confidentiality designation, all parties shall 17 continue to afford the material in question the level of protection to which it is 18 |} entitled under the Producing Party’s designation until the Court rules on the 19 challenge. 20 21 ||7. ACCESS TO AND USE OF PROTECTED MATERIAL 22 7.1 Basic Principles. A Receiving Party may use Protected Material that is 23 || disclosed or produced by another Party or by a Non-Party in connection with this 24 || Action only for prosecuting, defending or attempting to settle this Action. Such 25 || Protected Material may be disclosed only to the categories of persons and under the 26 ||conditions described in this Order. When the Action has been terminated, a 27 || Receiving Party must comply with the provisions of section 13 below (FINAL 28 || DISPOSITION).

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1 Protected Material must be stored and maintained by a Receiving Party at a 2 || location and in a secure manner that ensures that access is limited to the persons 3 || authorized under this Order. 4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 5 || otherwise ordered by the court or permitted in writing by the Designating Party, a 6 || Receiving Party may disclose any information or item designated 7 || “CONFIDENTIAL” only to: 8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 9 || well as employees of said Outside Counsel of Record to whom it is reasonably 10 ||necessary to disclose the information for this Action; 11 (b) the officers, directors, and employees (including House Counsel) of the 12 || Receiving Party to whom disclosure is reasonably necessary for this Action; 13 (c) Experts (as defined in this Order) of the Receiving Party to whom 14 || disclosure is reasonably necessary for this Action and who have signed the 15 ||““Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (d) the court and its personnel; 17 (e) court reporters and their staff; 18 (f) professional jury or trial consultants, mock jurors, and Professional 19 || Vendors to whom disclosure is reasonably necessary for this Action and who have 20 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (g) the author or recipient of a document containing the information or a 22 || custodian or other person who otherwise possessed or knew the information; 23 (h) during their depositions, witnesses, and attorneys for witnesses, in the 24 || Action to whom disclosure 1s reasonably necessary provided: (1) the deposing party 25 || requests that the witness sign the form attached as Exhibit | hereto; and (2) they 26 || will not be permitted to keep any confidential information unless they sign the 27 ||‘“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 28 || agreed by the Designating Party or ordered by the court. Pages of transcribed

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1 || deposition testimony or exhibits to depositions that reveal Protected Material may 2 || be separately bound by the court reporter and may not be disclosed to anyone 3 || except as permitted under this Stipulated Protective Order; and 4 (i) any mediator or settlement officer, and their supporting personnel, 5 || mutually agreed upon by any of the parties engaged in settlement discussions. 6 7.3 Disclosure of “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 7 || ONLY” Information or Items. Unless otherwise ordered by the court or permitted 8 ||1n writing by the Designating Party, a Receiving Party may disclose any 9 || information or item designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ 10 |} EYES ONLY” only to: 11 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 12 |}as employees of said Outside Counsel of Record to whom it is reasonably necessary 13 disclose the information for this Action; 14 (b) House Counsel; 15 (c) Experts (as defined in this Order) of the Receiving Party to whom 16 || disclosure is reasonably necessary for this Action and who have signed the 17 ||““Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (d) the court and its personnel; 19 (e) court reporters and their staff; 20 (f) professional jury or trial consultants, mock jurors, and Professional 21 || Vendors to whom disclosure is reasonably necessary for this Action and who have 22 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (g) the author or recipient of a document containing the information or a 24 || custodian or other person who otherwise possessed or knew the information, or a 25 ||deponent or deponents testifying on a Party or Parties’ behalf under Rule 30(b)(6); 26 (h) during their depositions, witnesses, and attorneys for witnesses, in the 27 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party 28 || requests that the witness sign the “Acknowledgment and Agreement to Be Bound”

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1 || (Exhibit A); and (2) they will not be permitted to keep any Protected Material 2 || unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 3 || unless otherwise agreed by the Designating Party or ordered by the court. Pages of 4 || transcribed deposition testimony or exhibits to depositions that reveal Protected 5 || Material may be separately bound by the court reporter and may not be disclosed to 6 || anyone except as permitted under this Protective Order; and 7 (1) any mediator or settlement officer, and their supporting personnel, 8 |}mutually agreed upon by any of the parties engaged in settlement discussions. 10 |[8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 11 IN OTHER LITIGATION 12 Ifa Party is served with a subpoena or a court order issued in other litigation 13 || that compels disclosure of any information or items designated in this Action as 14 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 15 ||} ONLY,” that Party must: 16 (a) promptly notify in writing the Designating Party. Such notification 17 ||shall include a copy of the subpoena or court order; 18 (b) promptly notify in writing the party who caused the subpoena or 19 || order to issue in the other litigation that some or all of the material covered by the 20 subpoena or order is subject to this Protective Order. Such notification shall include 21 ||a copy of this Stipulated Protective Order; and 22 (c) cooperate with respect to all reasonable procedures sought to be 23 || pursued by the Designating Party whose Protected Material may be affected. 24 If the Designating Party timely seeks a protective order, the Party served 25 || with the subpoena or court order shall not produce any information designated in 26 □□ this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — 27 | ATTORNEYS’ EYES ONLY” before a determination by the court from which the 28 subpoena or order issued, unless the Party has obtained the Designating Party’s

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1 || permission. The Designating Party shall bear the burden and expense of seeking 2 || protection in that court of its confidential material and nothing in these provisions 3 should be construed as authorizing or encouraging a Receiving Party in this Action 4 || to disobey a lawful directive from another court. 6 |/9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 7 PRODUCED IN THIS LITIGATION 8 (a) The terms of this Order are applicable to information produced by a 9 || Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 10 |} CONFIDENTIAL — ATTORNEYS’ EYES ONLY.” Such information produced by 11 || Non-Parties in connection with this litigation is protected by the remedies and relief 12 || provided by this Order. Nothing in these provisions should be construed as 13 || prohibiting a Non-Party from seeking additional protections. 14 (b)In the event that a Party is required, by a valid discovery request, to 15 || produce a Non-Party’s confidential information in its possession, and the Party is 16 || subject to an agreement with the Non-Party not to produce the Non-Party’s 17 || confidential information, then the Party shall: 18 (1) promptly notify in writing the Requesting Party and the Non-Party 19 || that some or all of the information requested is subject to a confidentiality 20 || agreement with a Non-Party; 21 (2) promptly provide the Non-Party with a copy of the Stipulated 22 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 23 || specific description of the information requested; and 24 (3) make the information requested available for inspection by the Non 25 || Party, if requested. 26 (c) If the Non-Party fails to seek a protective order from this court 27 within 28

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1 || 14 days of receiving the notice and accompanying information, the Receiving Party 2 || may produce the Non-Party’s confidential information responsive to the discovery 3 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall 4 || not produce any information in its possession or control that is subject to the 5 || confidentiality agreement with the Non-Party before a determination by the court. 6 || Absent a court order to the contrary, the Non-Party shall bear the burden and 7 || expense of seeking protection in this court of its Protected Material. 9 |}10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 10 If a Receiving Party learns that, by inadvertence or otherwise, it has 11 || disclosed Protected Material to any person or in any circumstance not authorized 12 || under this Stipulated Protective Order, the Receiving Party must immediately (a) 13 |/notify in writing the Designating Party of the unauthorized disclosures, (b) use its 14 || best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 15 ||the person or persons to whom unauthorized disclosures were made of all the terms 16 || of this Order, and (d) request such person or persons to execute the 17 ||““Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 18 |{A. 19 20 |}11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 21 PROTECTED MATERIAL 22 When a Producing Party gives notice to Receiving Parties that certain 23 || inadvertently produced material is subject to a claim of privilege or other 24 || protection, the obligations of the Receiving Parties are those set forth in Federal 25 || Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 26 || whatever procedure may be established in an e-discovery order that provides for 27 || production without prior privilege review. Pursuant to Federal Rule of Evidence 28 || 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

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1 || of a communication or information covered by the attorney-client privilege or work 2 || product protection, the parties may incorporate their agreement in the stipulated 3 || protective order submitted to the court. 5 }}12. MISCELLANEOUS 6 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 7 || person to seek its modification by the Court in the future. 8 12.2 Right to Assert Other Objections. By stipulating to the entry of this 9 || Protective Order, no Party waives any right it otherwise would have to object to 10 || disclosing or producing any information or item on any ground not addressed in 11 || this Stipulated Protective Order. Similarly, no Party waives any right to object on 12 ||any ground to use in evidence of any of the material covered by this Protective 13 || Order. 14 12.3. Filing Protected Material. A Party that seeks to file under seal any 15 || Protected Material must comply with Local Civil Rule 79-5. Protected Material 16 ||may only be filed under seal pursuant to a court order authorizing the sealing of the 17 || specific Protected Material at issue. If a Party’s request to file Protected Material 18 under seal is denied by the court, then the Receiving Party may file the information 19 |/in the public record unless otherwise instructed by the court. 20 21 |}13. FINAL DISPOSITION 22 After the final disposition of this Action, as defined in paragraph 4, within 60 23 || days of a written request by the Designating Party, each Receiving Party must 24 return all Protected Material to the Producing Party or destroy such material. As 25 || used in this subdivision, “all Protected Material” includes all copies, abstracts, 26 || compilations, summaries, and any other format reproducing or capturing any of the 27 || Protected Material. Whether the Protected Material is returned or destroyed, the 28 || Receiving Party must submit a written certification to the Producing Party (and, if

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1 ||not the same person or entity, to the Designating Party) by the 60 day deadline that 2 || (1) identifies (by category, where appropriate) all the Protected Material that was 3 returned or destroyed and (2) affirms that the Receiving Party has not retained any 4 ||copies, abstracts, compilations, summaries or any other format reproducing or 5 capturing any of the Protected Material. Notwithstanding this provision, Counsel 6 || are entitled to retain an archival copy of all pleadings, motion papers, trial, 7 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition 8 || and trial exhibits, expert reports, attorney work product, and consultant and expert 9 || work product, even if such materials contain Protected Material. Any such archival 10 || copies that contain or constitute Protected Material remain subject to this Protective 11 || Order as set forth in Section 4 (DURATION). 12 13 }}14. VIOLATION 14 || Any violation of this Order may be punished by appropriate measures including, 15 || without limitation, contempt proceedings and/or monetary sanctions. 16 17 18 19 | IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 20 21 }}DATED: March 23, 2023 22 23 || 4s/ Jeffrey S. Gluck 24 || Attorneys for Plaintiff 25 26 27 28

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1 |} DATED: March 23, 2023 3 || 4s/ Thomas P. Burke Jr. 4 || Attorneys for Defendant 6 |} FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 8 9 || DATED: 3/23/2023 "| CBee MexkK— 11 12 |} HON. ALEXANDER F. MacKINNON 13 || United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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