Lashify, Inc. v. Urban Dollz LLC

Opinion

Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 1 of 21 Page ID #:3925

1 2 3 4 5 6 7 8 LASHIFY, INC., Case No.: 2:22-cv-06148-GW-AFMx

Plaintiff, [Proposed] Protective Order1

v.

URBAN DOLLZ LLC d/b/a URBAN DOLL; SIMA MOSBACHER; and CHRISTOPHER SIMONIAN D/B/A DOLL HOUSE LLC, Defendants. 1. A. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, proprietary or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby petition the Court to enter the following Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from 1 This Protective Order is based substantially on the model protective order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures. PROTECTIVE ORDER CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 2 of 21 Page ID #:3926

1 public disclosure and use extends only to the limited information or items that are 2 entitled to confidential treatment under the applicable legal principles. 4 This action is likely to involve trade secrets, customer and pricing lists and 5 other valuable research, development, commercial, financial, technical and/or 6 proprietary information for which special protection from public disclosure and from 7 use for any purpose other than prosecution of this action is warranted. Such 8 confidential and proprietary materials and information consist of, among other things, 9 confidential business or financial information, information regarding confidential business practices, or other confidential research, development, or commercial information (including information implicating privacy rights of third parties), information otherwise generally unavailable to the public, or which may be privileged or otherwise protected from disclosure under state or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of such material in preparation for and in the conduct of trial, to address their handling at the end of the litigation, and serve the ends of justice, a protective order for such information is justified in this matter. It is the intent of the parties that information will not be designated as confidential for tactical reasons and that nothing be so designated without a good faith belief that it has been maintained in a confidential, non-public manner, and there is good cause why it should not be part of the public record of this case. C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER The parties further acknowledge, as set forth in Section 13.3, below, that this Protective Order does not entitle them to file confidential information under seal; PROTECTIVE ORDER 1 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 3 of 21 Page ID #:3927

1 Local Civil Rule 79-5 sets forth the procedures that must be followed and the 2 standards that will be applied when a party seeks permission from the court to file 3 material under seal. 4 There is a strong presumption that the public has a right of access to judicial 5 proceedings and records in civil cases. In connection with non-dispositive motions, 6 good cause must be shown to support a filing under seal. See Kamakana v. City and 7 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 8 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 9 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing), and a specific showing of good cause or compelling reasons with proper evidentiary support and legal justification, must be made with respect to Protected Material that a party seeks to file under seal. The parties’ mere designation of Disclosure or Discovery Material as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” does not—without the submission of competent evidence by declaration, establishing that the material sought to be filed under seal qualifies as confidential, privileged, or otherwise protectable—constitute good cause. Further, if a party requests sealing related to a dispositive motion or trial, then compelling reasons, not only good cause, for the sealing must be shown, and the relief sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or thing sought to be filed or introduced under seal in connection with a dispositive motion or trial, the party seeking protection must articulate compelling reasons, supported by specific facts and legal justification, for the requested sealing order. Again, competent evidence supporting the application to file documents under seal must be provided by declaration. Any document that is not confidential, privileged, or otherwise protectable in its entirety will not be filed under seal if the confidential portions can be redacted. If PROTECTIVE ORDER 2 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 4 of 21 Page ID #:3928

1 documents can be redacted, then a redacted version for public viewing, omitting only 2 the confidential, privileged, or otherwise protectable portions of the document, shall 3 be filed. Any application that seeks to file documents under seal in their entirety 4 should include an explanation of why redaction is not feasible. 5 2. DEFINITIONS 6 2.1 Action: Lashify, Inc. v. Urban Dollz LLC d/b/a Urban Doll, et al., Case 7 No. 2:22-cv-06148-GW-AFM (C.D. Cal.). 8 2.2 Challenging Party: a Party or Non-Party that challenges the designation 9 of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter. 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this Action, (2) is not a current employee of a Party or of a Party’s competitor, and (3) at the time of retention, is not anticipated to become an employee of a Party or of a Party’s competitor. 2.7 House Counsel: attorneys who are employees of a Party to this Action. House Counsel does not include Outside Counsel of Record or any other outside PROTECTIVE ORDER 3 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 5 of 21 Page ID #:3929

1 counsel. 2 2.8 Non-Party: any natural person, partnership, corporation, association or 3 other legal entity not named as a Party to this action. 4 2.9 Outside Counsel: attorneys who are not employees of a Party to this 5 Action but are retained to represent or advise a Party to this Action and have appeared 6 in this Action on behalf of that Party or are affiliated with a law firm that has appeared 7 on behalf of that party, and includes other attorneys, paralegals, secretaries, and other 8 support staff employed in the following law firms: Fenwick & West LLP and Baker 9 Botts L.L.P. 2.10 Party: any party to this Action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel (and their support staff). 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 2.12 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors. 2.13 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 2.15 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items: extremely sensitive “Confidential Information or Items,” disclosure of which to another Party or Non-Party would create a substantial risk of serious harm that could not be avoided by less restrictive means. 2.16 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY – PROTECTIVE ORDER 4 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 6 of 21 Page ID #:3930

1 PROSECUTION BAR” Information or Items: highly confidential information 2 regarding the step(s) in Defendants’ manufacturing process(es) for Defendants’ 3 artificial lashes that were recommended by Sima Mosbacher to the manufacturer of 4 Defendants’ artificial lashes to alter the manufacturer’s existing process(es). 5 3. SCOPE 6 The protections conferred by this Order cover not only Protected Material (as 7 defined above), but also (1) any information copied or extracted from Protected 8 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 9 and (3) any testimony, conversations, or presentations by Parties or their counsel that might reveal Protected Material. However, the protections conferred by this Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order, including becoming part of the public record through trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by the orders of the trial judge. This Order does not govern the use of Protected Material at trial. 4. DURATION Once a case proceeds to trial, information that was designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or maintained pursuant to this protective order used or introduced as an exhibit at trial becomes public and will be presumptively available to all members of the public, including the press, unless compelling reasons supported by specific factual findings to proceed otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for PROTECTIVE ORDER 5 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 7 of 21 Page ID #:3931

1 sealing documents produced in discovery from “compelling reasons” standard when 2 merits-related documents are part of court record). Accordingly, the terms of this 3 protective order do not extend to the use of “HIGHLY CONFIDENTIAL – 4 ATTORNEYS’ EYES ONLY” material at trial. 5 5. DESIGNATING PROTECTED MATERIAL 6 5.1 Exercise of Restraint and Care in Designating Material for Protection. 7 Each Party or Non-Party that designates information or items for protection under 8 this Order must take care to limit any such designation to specific material that 9 qualifies under the appropriate standards. The Designating Party must designate for protection only those parts of material, documents, items or oral or written communications that qualify so that other portions of the material, documents, items or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order. Mass, indiscriminate or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber the case development process or to impose unnecessary expenses and burdens on other parties) may expose the Designating Party to sanctions. If it comes to a Designating Party’s attention that information or items that it designated for protection do not qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the inapplicable designation. 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic PROTECTIVE ORDER 6 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 8 of 21 Page ID #:3932

1 documents, but excluding transcripts of depositions or other pretrial or trial 2 proceedings), that the Producing Party affix at a minimum, the legend 3 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY 4 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to each page that contains 5 protected material. If only a portion of the material on a page qualifies for protection, 6 the Producing Party also must clearly identify the protected portion(s) (e.g., by 7 making appropriate markings in the margins). 8 A Party or Non-Party that makes original documents available for inspection 9 need not designate them for protection until after the inspecting Party has indicated which documents it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL legend” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to each page that contains Protected Material. If only a portion of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). (b) for testimony given in depositions, that the Designating Party identifies the Disclosure or Discovery Material on the record, before the close of the deposition, all protected testimony and specify the level of protection being asserted. When it is impractical to identify separately each portion of testimony that is entitled to protection and it appears that substantial portions of the testimony may qualify for protection, the Designating Party may invoke on the record (before the deposition is concluded) a right to have up to thirty days after the transcript becomes available to identify the specific portions of the testimony as to which protection is sought and to PROTECTIVE ORDER 7 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 9 of 21 Page ID #:3933

1 specify the level of protection being asserted. Only those portions of the testimony 2 that are appropriately designated for protection within the thirty days shall be covered 3 by the provisions of this Protective Order. Alternatively, a Designating Party may 4 specify, at the deposition or up to thirty days afterwards if that period is properly 5 invoked, that the entire transcript shall be treated as “CONFIDENTIAL” or 6 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 7 (c) for information produced in some form other than documentary 8 and for any other tangible items, that the Producing Party affix in a prominent place 9 on the exterior of the container or containers in which the information is stored the legends “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions of the information warrants protection, the Producing Party, to the extent practicable, shall identify the protected portion(s). 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive the Designating Party’s right to secure protection under this Order for such material. Upon timely correction of a designation, the Receiving Party must make reasonable efforts to assure that the material is treated in accordance with the provisions of this Order. 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time that is consistent with the Court’s Scheduling Order. 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37-1 et seq. 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint stipulation pursuant to Local Rule 37-2. 6.4 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous challenges, and those made for an improper purpose PROTECTIVE ORDER 8 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 10 of 21 Page ID #:3934

1 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 2 expose the Challenging Party to sanctions. Unless the Designating Party has waived 3 or withdrawn the confidentiality designation, all parties shall continue to afford the 4 material in question the level of protection to which it is entitled under the Producing 5 Party’s designation until the Court rules on the challenge. 6 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7 7.1 Basic Principles. A Receiving Party may use Protected Material that is 8 disclosed or produced by another Party or by a Non-Party in connection with this 9 Action only for prosecuting, defending or attempting to settle this Action. Such Protected Material may be disclosed only to the categories of persons and under the conditions described in this Order. When the Action has been terminated, a Receiving Party must comply with the provisions of section 14 below (FINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel in this Action, as well as employees of said Outside Counsel to whom it is reasonably necessary to disclose the information for this Action; (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; (c) Experts (as defined in this Order) of the Receiving Party (1) to whom disclosure is reasonably necessary for this Action, (2) who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.4(a)(1), below, have been followed; PROTECTIVE ORDER 9 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 11 of 21 Page ID #:3935

1 (d) the court and its personnel; 2 (e) court reporters and their staff; 3 (f) professional jury or trial consultants, mock jurors, and 4 Professional Vendors to whom disclosure is reasonably necessary for this Action and 5 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (g) the author or recipient of a document containing the information 7 or a custodian or other person who otherwise possessed or knew the information; 8 (h) during their depositions, witnesses, and attorneys for witnesses, 9 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing party requests that the witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted to keep any confidential information unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Protective Order; and (i) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: (a) the Receiving Party’s Outside Counsel in this action, as well as employees of said Outside Counsel to whom it is reasonably necessary to disclose the information for this litigation; (b) Experts of the Receiving Party (1) to whom disclosure is PROTECTIVE ORDER 10 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 12 of 21 Page ID #:3936

1 reasonably necessary for this litigation, (2) who have signed the “Acknowledgment 2 and Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set 3 forth in paragraph 7.4(a)(1), below, have been followed; 4 (c) the court and its personnel; 5 (d) court reporters and their staff, professional jury or trial 6 consultants, and Professional Vendors to whom disclosure is reasonably necessary 7 for this litigation and who have signed the “Acknowledgment and Agreement to Be 8 Bound” (Exhibit A); and 9 (e) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 7.4 Procedures for Approving or Objecting to Disclosure of “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to Experts. (a) Unless otherwise ordered by the court or agreed to in writing by the Designating Party, a Party that seeks to disclose to an Expert (as defined in this Order) any information or item that has been designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraphs 7.2(c) or 7.3(b) first must make a written request to the Designating Party that (1) sets forth the full name of the Expert and the city and state of his or her primary residence, (2) attaches a copy of the Expert’s current resume, (3) identifies the Expert’s current employer(s), (4) identifies each person or entity from whom the Expert has received compensation or funding for work in his or her areas of expertise or to whom the expert has provided professional services, including in connection with a litigation, at any time during the preceding five years, and (5) identifies (by name and number of the case, filing date, and location of court) any litigation in connection with which the Expert has offered expert testimony, including through a declaration, report, or testimony at a deposition or trial, during the preceding five years. PROTECTIVE ORDER 11 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 13 of 21 Page ID #:3937

1 (b) A Party that makes a request and provides the information 2 specified in the preceding respective paragraph may disclose the subject Protected 3 Material to the identified Expert unless, within fourteen days of delivering the 4 request, the Party receives a written objection from the Designating Party. Any such 5 objection must set forth in detail the grounds on which it is based. 6 (c) A Party that receives a timely written objection must meet and 7 confer with the Designating Party (through direct voice to voice dialogue) to try to 8 resolve the matter by agreement within seven days of the written objection. If no 9 agreement is reached, the Party seeking to make the disclosure to the Expert may file a motion as provided in Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) seeking permission from the court to do so. Any such motion must describe the circumstances with specificity, set forth in detail the reasons why the disclosure to the Expert is reasonably necessary, assess the risk of harm that the disclosure would entail, and suggest any additional means that could be used to reduce that risk. In addition, any such motion must be accompanied by a competent declaration describing the parties’ efforts to resolve the matter by agreement (i.e., the extent and the content of the meet and confer discussions) and setting forth the reasons advanced by the Designating Party for its refusal to approve the disclosure. In any such proceeding, the Party opposing disclosure to the Expert shall bear the burden of proving that the risk of harm that the disclosure would entail (under the safeguards proposed) outweighs the Receiving Party’s need to disclose the Protected Material to its Expert. 8. PROSECUTION BAR Absent the written consent of the Producing Party, any person who reviews information designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY – PROSECUTION BAR” shall not be involved, directly or indirectly, in advising on, consulting on, preparing, prosecuting, drafting, editing, and/or amending patent applications, specifications, claims, and/or responses to office actions, or PROTECTIVE ORDER 12 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 14of21 Page ID #:3938

1 otherwise affecting the scope of claims in patent applications relating to eyelash 2 extensions, before any foreign or domestic agency, including the United States Patent 3 and Trademark Office. These prohibitions are not intended to and shall not preclude 4 counsel from participating in reexamination or inter partes review proceedings on 5 behalf of a Party challenging the validity of any patent, and these prohibitions are not 6 intended to and shall not preclude counsel for Plaintiff from participating in 7 reexamination or inter partes review proceedings to defend the validity of any 8 challenged patent, but counsel for Plaintiff who reviews information designated 9 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY — PROSECUTION 10 BAR” may not participate in the crafting of amended claims in any such proceedings. 11 These prohibitions shall begin when a person first reviews documents designated 12] “CONFIDENTIAL — ATTORNEYS’ EYES ONLY — PROSECUTION BAR,” and 13 shall end two (2) years after the final resolution of this action, including all appeals. 14 For the avoidance of doubt, nothing in this paragraph limits a person’s ability to 15 advise on the scope of issued patent claims, or to seek information regarding the 16 status of pending patent claims. 17 The following provisions apply to the production, sending, and review of 18 ) materials designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY □□ □□ - PROSECUTION BAR” in this case: e Information designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY — PROSECUTION BAR?” shall not be included in the body of email correspondence between the parties. Any correspondence between the parties that includes information designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY — PROSECUTION BAR?” as an attachment shall prominently state, in the body of the email, that such information is included in the attachment. e Information designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY — PROSECUTION BAR?” shall not be discussed orally in

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1 conferences between the parties, without first notifying all participants 2 in the conference of the speaker’s intent to share such designated 3 information. 4 e In the event a document served by a party (e.g., an under-seal brief, 5 discovery response, letter, or expert report) includes information 6 designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 7 ONLY — PROSECUTION BAR,” the party serving such material shall g prepare and serve two clearly labeled versions of the document: one 9 version that identifies the information designed “HIGHLY 10 CONFIDENTIAL — ATTORNEYS’ EYES ONLY — PROSECUTION 11 BAR” via highlighting, and another version where such information has 12 been redacted. 13 e The Receiving Party shall keep records of the identities of all persons 14 who review materials labeled “HIGHLY CONFIDENTIAL — 15 ATTORNEYS’ EYES ONLY — PROSECUTION BAR” 16 Nothing in this paragraph limits a party’s ability to challenge the designation 17 of materials labeled “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY — 18 PROSECUTION BAR” according to the procedures set forth herein. 19]) 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” that Party must: (a) promptly notify in writing the Designating Party. Such 96 notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the

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1 subpoena or order is subject to this Protective Order. Such notification shall include 2 a copy of this Protective Order; and 3 (c) cooperate with respect to all reasonable procedures sought to be 4 pursued by the Designating Party whose Protected Material may be affected. 5 If the Designating Party timely seeks a protective order, the Party served with 6 the subpoena or court order shall not produce any information designated in this 7 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 8 EYES ONLY” before a determination by the court from which the subpoena or order 9 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking protection in that court of its confidential material and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive from another court. 10. NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED (a) The terms of this Order are applicable to information produced by a Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s confidential information in its possession, and the Party is subject to an agreement with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non- Party that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; PROTECTIVE ORDER 15 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 17 of 21 Page ID #:3941

1 (2) promptly provide the Non-Party with a copy of the Protective 2 Order in this Action, the relevant discovery request(s), and a reasonably specific 3 description of the information requested; and 4 (3) make the information requested available for inspection by the 5 Non-Party, if requested. 6 (c) If the Non-Party fails to seek a protective order from this court within 7 14 days of receiving the notice and accompanying information, the Receiving Party 8 may produce the Non-Party’s confidential information responsive to the discovery 9 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not produce any information in its possession or control that is subject to the confidentiality agreement with the Non-Party before a determination by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this court of its Protected Material. 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any person or in any circumstance not authorized under this Protective Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE When a Producing Party gives notice to Receiving Parties that certain inadvertently produced material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). The inadvertent disclosure or production of any document or PROTECTIVE ORDER 16 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 18 of 21 Page ID #:3942

1 information that is subject to a claim of attorney-client privilege, work-product 2 protection, or any other ground on which the production of such information should 3 not be made to a Receiving Party shall not by itself constitute a waiver of, or estoppel 4 as to, such claim of privilege, work product protection, or other ground for withholding 5 production to which the Producing Party would otherwise be entitled. Any and all 6 facially privileged or work product materials inadvertently produced shall be returned 7 or destroyed promptly when discovered with notice to the Producing Party. Any other 8 inadvertently produced privileged or protected materials shall be promptly returned or 9 destroyed upon the request of the Producing Party. This provision is not intended to modify whatever procedure may be established in an e-discovery order that provides for production without prior privilege review. 13. MISCELLANEOUS 13.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 13.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order, no Party waives any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this Protective Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of the material covered by this Protective Order. 13.3 Filing Protected Material. A Party that seeks to file under seal any Protected Material must comply with Local Civil Rule 79-5. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a Party’s request to file Protected Material under seal is denied by the court, then the Receiving Party may file the information in the public record unless otherwise instructed by the court. 14. FINAL DISPOSITION Within 60 days after the final disposition of this Action, including any appeals, each Receiving Party must return all Protected Material to the Producing Party or PROTECTIVE ORDER 17 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 19o0f21 Page ID #:3943

1 destroy such material, which includes the deletion of electronically produced 2 materials. As used in this subdivision, “all Protected Material” includes all copies, 3 abstracts, compilations, summaries, and any other format reproducing or capturing 4 any of the Protected Material. Whether the Protected Material is returned or 5 destroyed, the Receiving Party must submit a written certification to the Producing 6 Party (and, if not the same person or entity, to the Designating Party) by the 60 day 7 deadline that (1) identifies (by category, where appropriate) all the Protected Material g || that was returned or destroyed and (2) affirms that the Receiving Party has not g|| retained any copies, abstracts, compilations, summaries or any other format 10 reproducing or capturing any of the Protected Material. Notwithstanding this 11 provision, counsel are entitled to retain an archival copy of all pleadings, motion 12 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 13 deposition and trial exhibits, expert reports, attorney work product, and consultant 14 and expert work product, even if such materials contain Protected Material. Any such 15 archival copies that contain or constitute Protected Material remain subject to this 16 Protective Order as set forth in Section 4 (DURATION). 17}) 15. VIOLATION 18 Any violation of this Order may be punished by appropriate measures 19 including, without limitation, contempt proceedings and/or monetary sanctions. FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. DATED: 3/21/2023 □□□ Weck—— HON. ALEXANDER F. MacKINNON United States Magistrate Judge PROTECTIVE ORDER 18 CASE NO. 2:22-Cv-06148-GW-AFM

Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 20 of 21 Page ID #:3944

1 2 3 4 5 6 7 8 9 PROTECTIVE ORDER 19 CASE NO. 2:22-CV-06148-GW-AFM Case 2:22-cv-06148-GW-AFM Document 139 Filed 03/21/23 Page 21 of 21 Page ID #:3945

3 I, [print or type full name], of [print or type full address], 4 declare under penalty of perjury that I have read in its entirety and understand the 5 Protective Order that was issued by the United States District Court for the Central 6 District of California on [date] in the case of Lashify, Inc. v. Urban Dollz LLC 7 d/b/a Urban Doll, et al., Case No. 2:22-cv-06148-GW-AFM (C.D. Cal.). I agree to 8 comply with and to be bound by all the terms of this Protective Order and I 9 understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Protective Order to any person or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for the Central District of California for enforcing the terms of this Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint [print or type full name] of [print or type full address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Protective Order. Date: City and State where sworn and signed: Printed Name: Signature:

PROTECTIVE ORDER 20 CASE NO. 2:22-CV-06148-GW-AFM