Smart v. NCAA

Opinion

1 GARRETT R. BROSHUIS CAROLYN H. LUEDTKE (Bar No. 329924) (State Bar No. 207976) 2 gbroshuis@koreintillery.com carolyn.luedtke@mto.com KOREIN TILLERY, LLC JUSTIN P. RAPHAEL 3 505 North 7th Street, Suite 3600 (State Bar No. 292380) St. Louis, MO 63101 Justin.Raphael@mto.com 4 Telephone: (314) 241-4844 CHRISTOPHER CRUZ Facsimile: (314) 241-3525 (State Bar No. 346128) 5 Christopher.Cruz@mto.com Attorneys for Plaintiffs Taylor JAVIER KORDI 6 Smart and Michael Hacker, (State Bar No. 348358) Individually and on Behalf of All Javier.Kordi@mto.com 7 Those Similarly Situated MUNGER, TOLLES & OLSON LLP [additional attorneys listed on 560 Mission Street, 27th Flr 8 signature page] San Francisco, CA 94105-2907 Telephone: (415) 512-4000 9 DENNIS STEWART (State Bar No. 99152) Facsimile: (415) 512-4077 dstewart@gustafsongluek.com 10 GUSTAFSON GLUEK PLLC Attorneys for Defendant 600 West Broadway, Suite 3300 National Collegiate Athletic 11 San Diego, CA 92101 Association, an Telephone: (612) 333-8844 Unincorporated Association. 12 Facsimile: (612) 339-6622

13 Attorneys for Plaintiffs Joseph Colon, Shannon Ray, Khala Taylor, 14 Peter Robinson, Katherine Sebbane, and Patrick Mehlert, Individually 15 and on Behalf of All Those Similarly Situated [additional 16 attorneys listed on signature page]

17 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 18 TAYLOR SMART AND MICHAEL HACKER, No. 2:22-cv-02125 WBS KJN 19 Individually and on Behalf of All Those Similarly Situated, Chief United States Magistrate 20 Plaintiffs, J Au sd sg ie g nK ee dn d fa ol rl nJ o. n -N de iw sm pa on s i( tK iJ vN e) 21 NATIOv N. A L COLLEGIATE ASSOCIATION, an matters 22 unincorporated association, Defendant. 23 STIPULATED PROTECTIVE ORDER JOSEPH COLON, SHANNON RAY, KHALA 24 TAYLOR, PETER ROBINSON, KATHERINE No. 1:23-cv-00425 WBS KJN SEBBAME, and PATRICK MEHLER, 25 individually and on behalf of all Chief United States Magistrate those similarly situated, Judge Kendall J. Newman (KJN) 26

v. Plaintiffs, A ms as ti tg en re sd for non-dispositive 27 NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, an unincorporated association, 1 2 I. INTRODUCTION

3 The parties, by their undersigned counsel, pursuant to Fed. 4 R. Civ. P. 26(c)(1), hereby stipulate to the following 5 provisions. 6 II. SCOPE OF PROTECTED INFORMATION 7 In the course of discovery in this action, the parties may 8 be required to produce information that constitutes, in whole or 9 10 in part, protected information such as trade secrets, non-public 11 research and development, commercial or financial information, or 12 other information that may cause harm to the Producing Party or a 13 non-party. The parties anticipate production of the following 14 categories of protected information: 15 A. “Confidential” information: 16 1. Information (regardless of how it is generated, 17 stored, or maintained) or tangible things that 18 19 qualify for protection under Fed. R. Civ. P. 26(c); 20 2. Information protected from disclosure by statute; 21 3. Information that reveals trade secrets; 22 4. Research, technical, commercial, or financial 23 information that the party has maintained as 24 confidential; 25 5. Medical information and protected health information 26 27 concerning any individual; 1 6. Personal identifying information of any person who is 2 not a party to this action, including absent class 3 members; 4 7. Any information whose disclosure would cause severe 5 competitive harm to the Designating Party if 6 7 disclosed; 8 8. Personnel or employment records of a person who is 9 not a party to this action, 10 9. Education records concerning any individual; and 11 10. Other information the disclosure of which would 12 breach a legal or contractual obligation. 13 B. “Confidential” Information under this order does not 14 include any information that 15 16 1. is publicly available at the time of disclosure and 17 became publicly available through lawful means and 18 without the violation of any court orders; 19 2. becomes publicly available after disclosure through 20 no fault of the Receiving Party (defined below); or 21 3. the Receiving Party lawfully obtains at a later date 22 from a third party without restriction as to 23 24 disclosure. 25 C. “Attorneys’ Eyes Only” information: 26 1. Documents, testimony, or information that contains, 27 or is reasonably believed to contain, or is claimed 1 by the Family Educational Rights and Privacy Act, 20 2 U.S.C. § 1232g, and any regulations passed pursuant 3 to that Act by the Department of Education or any 4 other federal agency (“FERPA Records”) of any student 5 who has not consented to the disclosure of such 6 7 records; and 8 2. Other non-public, extremely sensitive confidential 9 information, disclosure of which the Designating 10 Party believes in good faith would create a 11 substantial risk of serious financial, reputational, 12 or other harm, or a serious violation of a privacy 13 interest that could not be avoided by less 14 restrictive means. 15 16 III. DESIGNATION OF PROTECTED INFORMATION

17 A. Scope: This Order governs the production and handling 18 of any protected information in this action. Any party or non- 19 party who produces protected information in this action may 20 designate it as “Confidential” or “Attorneys’ Eyes Only” 21 consistent with the terms of this Order. “Designating Party” 22 means the party or non-party who so designates the protected 23 information; “Receiving Party” means the party or non-party to 24 25 whom such information was produced or disclosed. Whenever 26 possible, the Designating Party must designate only those 27 portions of a document, deposition, transcript, or other material 1 designating entire documents. Regardless of any designations 2 made hereunder, the Designating Party is not otherwise restricted 3 from use or disclosure of its protected information outside of 4 this action. In addition, any party may move to modify or seek 5 other relief from any of the terms of this Order if it has first 6 7 tried in writing and in good faith to resolve its needs or 8 disputes with the other party(ies) pursuant to the terms of this 9 Order and E.D. Cal. L.R. 251, and Fed. R. Civ. P. 26 and 37. 10 B. Application to Non-Parties: Before a non-party is given 11 copies of designated information as permitted hereunder, it must 12 first sign the acknowledgment to be bound to these terms that is 13 attached hereto as Exhibit A; if it fails to do so, the parties 14 to this action must resolve any such dispute before making 15 16 disclosure of designated information as permitted hereunder to 17 the non-party. If a non-party wishes to make designations 18 hereunder, it must first sign the acknowledgment to be bound to 19 these terms that is attached hereto as Exhibit A. 20 C. Timing and Provisional Protection: Designations may be 21 made at any time. To avoid potential waiver of protection 22 hereunder, the Designating Party should designate information at 23 24 the time of production or disclosure, including on the record 25 during the taking of any testimony. Deposition testimony will be 26 deemed provisionally protected for a period of 15 days after the 27 transcript is released to the parties by the court reporter, 1 of provisional protection of information as Confidential or 2 Attorneys’ Eyes Only as part of one or more specific depositions. 3 To retain any designations beyond the provisional period, a 4 Designating Party must designate specific pages and lines of 5 deposition testimony before the provisional period has expired. 6 7 Such designations must be made in writing so that all counsel and 8 court reporters may append the designation to all copies of the 9 transcripts. 10 D. Manner of Designation: Information may be designated 11 hereunder in any reasonable manner or method that notifies the 12 Receiving Party of the designation level and identifies with 13 specificity the information to which the designation applies. If 14 made verbally, the Designating Party must promptly confirm in 15 16 writing the designation. Whenever possible, the Designating 17 Party should stamp, affix, or embed a legend of “CONFIDENTIAL” or 18 “ATTORNEYS’ EYES ONLY” on each designated page of the document or 19 electronic image. 20 IV. CHALLENGES TO DESIGNATED INFORMATION 21 In the event that a Receiving Party disagrees at any time 22 with any designation(s) made by the Designating Party, the 23 Receiving Party must first try to resolve such challenge in good 24 25 faith on an informal basis with the Designating Party pursuant to 26 E.D. Cal. L.R. 251 and Fed. R. Civ. P. 37. The Receiving Party 27 must provide written notice of the challenge and the grounds 1 the challenge within 15 days. At all times, the Designating 2 Party carries the burden of establishing the propriety of the 3 designation and protection level. Unless and until the challenge 4 is resolved by the parties or ruled upon by the Court, the 5 designated information will remain protected under this Order and 6 7 shall remain Confidential or Attorneys’ Eyes Only as designated. 8 The failure of any Receiving Party to challenge a designation 9 does not constitute a concession that the designation is proper 10 or an admission that the designated information is otherwise 11 competent, relevant, or material. 12 V. LIMITED ACCESS/USE OF PROTECTED INFORMATION 13 A. Restricted Use: Information that is produced or 14 exchanged in the course of this action and designated under this 15 Order may be used solely for the preparation, trial, and any 16 17 appeal of this action, as well as related settlement 18 negotiations, and for no other purpose, without the written 19 consent of the Designating Party. No designated information may 20 be disclosed to any person except in accordance with the terms of 21 this Order. All persons in possession of designated information 22 agree to exercise reasonable care with regard to the custody, 23 use, or storage of such information to ensure that its 24 25 confidentiality is maintained. This obligation includes, but is 26 not limited to, the Receiving Party providing to the Designating 27 Party prompt notice of the receipt of any subpoena that seeks 1 consulting with the Designating Party before responding to the 2 subpoena. Any use or disclosure of Confidential or Attorneys’ 3 Eyes Only information in violation of the terms of this Order may 4 subject the disclosing person or party to sanctions. 5 B. Access to “Confidential” Information: The parties and 6 7 all persons subject to this Order agree that information 8 designated as “CONFIDENTIAL” may only be accessed or reviewed by 9 the following: 10 1. The Court, its personnel, and court reporters; 11 2. Outside counsel for any party in this action and 12 their employees who assist outside counsel in this 13 action and are informed of the duties hereunder; 14 3. The parties, including their agents and employees 15 16 who are assisting or have reason to know of this 17 action, so long as each such agent or employee has 18 signed the acknowledgment to be bound to these terms 19 that is attached hereto as Exhibit A; 20 4. Experts or consultants employed by the parties or 21 their counsel for purposes of this action, as well as 22 mock jurors, so long as each such expert, consultant 23 24 and mock juror has signed the acknowledgment to be 25 bound to these terms that is attached hereto as 26 Exhibit A; 27 5. Any mediators that the parties may engage in this 1 supporting personnel, so long as such mediator or 2 supporting staff signs the acknowledgment to be bound 3 to these terms that is attached hereto as Exhibit A; 4 6. Vendors who provide litigation support services 5 (e.g., photocopying, videotaping, translating, 6 7 preparing exhibits or demonstrations, and processing, 8 organizing, storing, reviewing, categorizing, or 9 retrieving data in any form or medium) whose 10 representative signs the acknowledgement to be bound 11 to these terms that is attached hereto as Exhibit A; 12 7. Entities who provide insurance coverage to parties in 13 this case, so long as any personnel employed by the 14 insurance entity who is to be granted access to the 15 16 information sign the acknowledgment to be bound to 17 these terms that is attached hereto as Exhibit A; 18 8. Witnesses in the action to whom disclosure is 19 reasonably necessary, so long as such witnesses 20 signed the acknowledgement to be bound to these terms 21 that is attached as Exhibit A unless the Receiving 22 Party has a good faith basis to believe that the 23 24 witness was an author or recipient of the information 25 designed as “Confidential”; and 26 9. Other witnesses or persons with the Designating 27 Party’s consent or by court order. 1 C. Access to “Attorneys’ Eyes Only” Designations: Because 2 designation of information as “Attorneys’ Eyes Only” is more 3 restrictive on disclosure and may interfere with the discovery 4 process, such designations should be used only to the extent 5 necessary. The parties and all persons subject to this Order 6 7 agree that information designated as “ATTORNEYS’ EYES ONLY” may 8 only be accessed or reviewed by the following: 9 1. The Court, its personnel, and court reporters; 10 2. Outside counsel for any party in this action and 11 their employees who assist outside counsel in this 12 action and are informed of the duties hereunder; 13 3. In-house counsel for each party and their employees 14 who assist in-house counsel, who sign the 15 16 acknowledgement to be bound to these terms that is 17 attached hereto as Exhibit A; 18 4. Any mediators that the parties may engage in this 19 action or that the Court appoints, including 20 supporting personnel, so long as such mediator or 21 supporting staff signs the acknowledgment to be bound 22 to these terms that is attached hereto as Exhibit A; 23 24 5. Experts or consultants employed by the parties or 25 their counsel for purposes of this action, as well as 26 mock jurors, so long as each such expert, consultant 27 or mock juror has signed the acknowledgement to be 1 bound to these terms that is attached hereto as 2 Exhibit A; 3 6. Vendors who provide litigation support services 4 (e.g., photocopying, videotaping, translating, 5 preparing exhibits or demonstrations, and processing, 6 7 organizing, storing, reviewing, categorizing, or 8 retrieving data in any form or medium) whose 9 representative signs the acknowledgement to be bound 10 to these terms that is attached hereto as Exhibit A; 11 7. Witnesses at deposition for which the Receiving Party 12 has a good faith basis to believe that the witness 13 was an author or recipient of the information 14 designated as “ATTORNEYS’ EYES ONLY”; and 15 16 8. Other witnesses or persons to whom the Designating 17 Party agrees in advance of disclosure or by court 18 order and who sign the acknowledgement to be bound to 19 these terms that is attached hereto as Exhibit A. 20 D. Review of Witness Acknowledgments: At any time and for 21 any purpose, including to monitor compliance with the terms 22 hereof, any Designating Party may demand to review all copies of 23 24 Exhibit A in any Receiving Party’s possession. The Receiving 25 Party must, within 3 business days of the demand, provide all 26 such copies to the Designating Party making the demand. 27 Notwithstanding the foregoing, if the Receiving Party has 1 the Designating Party, the Receiving Party may generically 2 identify how many acknowledgments that it has in its possession 3 attributable to non-disclosed experts, whose acknowledgements 4 must later be provided contemporaneously with any reports issued 5 by one or more of said experts. If a Receiving Party is not 6 7 required to disclose the identity of any consulting experts, it 8 may not be compelled to produce any acknowledgments from those 9 experts to the Designating Party. However, if the Designating 10 Party provides to the Court evidence of breach of this Order via 11 unauthorized leak of designated information, the Court may 12 require an in camera production of all acknowledgments held by a 13 Receiving Party in order to determine breach and consider 14 enforcement of this Order. 15 16 E. Non-Waiver Effect of Designations: Neither the taking 17 of, nor the failure to take, any action to enforce the provisions 18 of this Order, nor the failure to object to any designation, will 19 constitute a waiver of any party’s claim or defense in this 20 action or any other action or proceeding, including but not 21 limited to a claim or defense that any designated information is 22 or is not confidential, is or is not entitled to particular 23 24 protection, or embodies or does not embody information 25 protectable by law. 26 F. In-Court Use of Designated Information: If information 27 designated pursuant to this Order will or may be offered in 1 advance notice to the party or non-party that designated prior to 2 offering the information so that any use or disclosure may be 3 addressed in accordance with the Court’s case-management or other 4 pre-trial order, or by a motion in limine. 5 Nothing in this Order shall be construed as a waiver by a party 6 7 of any objections that may be raised as to the admissibility at 8 trial of any evidentiary materials. 9 VI. CLAW-BACK REQUESTS

10 A. Failure to Make Designation: If, at any time, a party 11 or non-party discovers that it produced or disclosed protected 12 information without the appropriate designation, the Producing 13 Party shall promptly notify the Receiving Party within ten (10) 14 business days of the discovery of the disclosure in writing and 15 identify with particularity the information to be designated and 16 17 the level of designation (the claw-back notification). The 18 Receiving Party shall promptly destroy the document and may then 19 request substitute production of the newly-designated 20 information. Within 30 days of receiving the claw-back 21 notification, the Receiving Party must (1) certify to the 22 Designating Party it has destroyed all copies that it received, 23 made, and/or distributed; and (2) if it was practicably unable to 24 25 destroy any information because disclosures occurred while the 26 Receiving Party was under no duty of confidentiality under the 27 terms of this Order regarding that information, the Receiving 1 to aid the Designating Party in protecting the information, 2 consistently with the Receiving Party’s attorney-client, work- 3 product, and/or trial-preparation privileges. 4 B. Inadvertent Production of Privileged Information: If, 5 at any time, a party discovers that it produced information that 6 7 it reasonably believes is subject to protection under the 8 attorney/client, work-product, trial-preparation privileges, or 9 any other legally-recognized privilege, then it must promptly 10 notify each Receiving Party of the claim for protection, the 11 basis for it, amend its privilege log accordingly, and comply 12 with Fed. R. Civ. P. 26(b)(5). Whenever possible, the Producing 13 Party must produce substitute information that redacts the 14 information subject to the claimed protection. The Receiving 15 16 Party must thereupon comply with Fed. R. Civ. P. 26(b)(5) as to 17 the information subject to the claimed protection. The parties 18 must also comply with E.D. Cal. L.R. 251 before seeking Court 19 intervention to resolve any related dispute. 20 VII. DURATION/CONTINUED RESTRICTIONS 21 A. Handling of Designated Information Upon Conclusion of 22 Action: Upon conclusion of this action, including all appeals, 23 the Designating Party(ies) is/are responsible for ensuring that 24 25 any party or person to whom the party shared or disclosed 26 designated information in this action returns or destroys all of 27 its copies that can be reasonably located, regardless of the 1 dismissal of this action or expiration of all deadlines for 2 appeal, the Receiving Party(ies) must certify to each Designating 3 Party that all designated information hereunder has been 4 destroyed by all parties and witnesses for whom that party is 5 responsible. No witness or party may retain designated 6 7 information that it received from any other party or non-party 8 under this Order; only counsel of record are the authorized 9 agents who may retain one copy for their respective legal files, 10 and who must also describe to the Designating Party the extra 11 steps taken to seal its legal file containing paper and/or 12 electronic copies of the designated information so that it is not 13 accessed, used, or disclosed inconsistently with the obligations 14 under this Order. This provision does not apply to the Court or 15 16 Court staff. 17 B. Continued Restrictions Under this Order: The 18 restrictions on disclosure and use of confidential information 19 survive the conclusion of this action. 20 VIII. REQUESTS TO SEAL 21 A. Filing Documents Under Seal: The parties shall comply 22 with E.D. Cal. L.R. 141 when filing material designated as 23 protected information pursuant to this order. Over-redaction of 24 25 documents sought to be maintained under seal may result in the 26 denial of a motion to seal. 27 B. Challenging “Confidential” or “Attorneys’ Eyes 1 challenge the designation of information as “Confidential” or 2 “Attorneys’ Eyes Only” as set forth in Section IV above, the 3 parties will request a telephonic conference with the Magistrate 4 Judge to discuss the issue, following which the contesting party 5 may move for an order removing or altering the “Confidential” or 6 “Attorneys’ Eyes Only” designation with regard to such 7 document(s). 8 9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: 10 DATED: September 29, 2023 11 12 MUNGER, TOLLES & OLSON LLP

14 By: /s/CAROLYN HOECKER LUEDTKE 15 CAROLYN HOECKER LUEDTKE 16 CAROLYN H. LUEDTKE (State Bar No. 207976) 17 carolyn.luedtke@mto.com JUSTIN P. RAPHAEL 18 (State Bar No. 292380) Justin.Raphael@mto.com 19 CHRISTOPHER CRUZ (State Bar No. 346128) 20 Christopher.Cruz@mto.com JAVIER KORDI 21 (State Bar No. 348358) Javier.Kordi@mto.com 22 MUNGER, TOLLES & OLSON LLP 560 Mission Street, 23 Twenty-Seventh Floor San Francisco, California 24 94105-2907 Telephone: (415) 512-4000 25 Facsimile: (415) 512-4077

26 Attorneys for Defendant National Collegiate Athletic Association 27 1 KOREIN TILLERY, LLC 2 3 By: /s/GARRETT R. BROSHUIS GARRETT R. BROSHUIS 4 STEPHEN M. TILLERY (pro hac vice) 5 stillery@koreintillery.com STEVEN M. BEREZNEY (Bar No. 6 329923) sberezney@koreintillery.com 7 GARRETT R. BROSHUIS (Bar No. 329924) 8 gbroshuis@koreintillery.com KOREIN TILLERY, LLC 9 505 North 7th Street, Suite 3600 10 St. Louis, MO 63101 Telephone: (314) 241-4844 11 Facsimile: (314) 241-3525

12 Attorneys for Plaintiffs Taylor Smart and Michael Hacker, 13 Individually and on Behalf of All Those Similarly Situated 14

15 16 17 18 19 20 21 22 23 24 25 26 27 1 GUSTAFSON GLUEK PLLC 2 3 By: /s/JAMIE CROOKS 4 JAMIE CROOKS DENNIS STEWART 5 (State Bar No. 99152) dstewart@gustafsongluek.com 6 DANIEL E. GUSTAFSON (#202241 pro hac) 7 dgustafson@gustafsongluek.com JOSHUA J. RISSMAN 8 (#391500 pro hac) jrissman@gustafsongluek.com 9 NOAH L. COZAD (#402643 pro hac) ncozad@gustafsongluek.com 10 GUSTAFSON GLUEK PLLC Canadian Pacific Plaza 11 120 South 6th Street, Suite 2600 Minneapolis, MN 55402 12 Telephone: (612) 333-8844 Facsimile: (612) 339-6622 13 Attorneys for Plaintiffs Joseph 14 Colon, Shannon Ray, Khala Taylor, Peter Robinson, Katherine Sebbane, 15 and Patrick Mehlert, Individually and on Behalf of All Those 16 Similarly Situated 17 COLEMAN & HOROWITT, LLP 18 19 DARRYL J. HOROWITT (State Bar No. 100898) 20 dhorowitt@ch-law.com COLEMAN & HOROWITT, LLP 21 499 West Shaw, Suite 116 Fresno, CA 93704 22 Telephone: (559) 248-4820 Facsimile: (559) 248-4830 23 Attorneys for Plaintiffs Joseph 24 Colon, Shannon Ray, Khala Taylor, Peter Robinson, Katherine Sebbane, 25 and Patrick Mehlert, Individually and on Behalf of All Those 26 Similarly Situated 27 1 KIRBY McINERNEY LLP 2 ROBERT J. GRALEWSKI, JR. 3 (State Bar No. 196410) bgralewski@kmllp.com 4 MARKO RADISAVLJEVIC, (State Bar No. 306552) 5 mradisavljevic@kmllp.com KIRBY McINERNEY LLP 6 600 B Street, Suite 2110 San Diego, California 92101 7 Telephone: (619) 784-1442

8 Attorneys for Plaintiffs Joseph Colon, Shannon Ray, Khala Taylor, 9 Peter Robinson, Katherine Sebbane, and Patrick Mehlert, Individually 10 and on Behalf of All Those Similarly Situated 11

12 THE LAW OFFICES OF LEONARD B. SIMON P.C. 13 LEONARD B. SIMON 14 (State Bar No. 58310) lens@rgrdlaw.com 15 THE LAW OFFICES OF LEONARD B. SIMON P.C. 16 655 West Broadway, Suite 1900 San Diego, CA 92101 17 Telephone: (619) 818-0644 Facsimile: (619) 231-7423 18 Attorneys for Plaintiffs Joseph 19 Colon, Shannon Ray, Khala Taylor, Peter Robinson, Katherine Sebbane, 20 and Patrick Mehlert, Individually and on Behalf of All Those 21 Similarly Situated 22 23 24 25 26 27 1 FAIRMARK PARTNERS, LLP 2 JAMIE CROOKS (State Bar No. 310447) 3 (pro hac forthcoming) jamie@fairmarklaw.com 4 MICHAEL LIEBERMAN, DC Bar No. 1033827 5 (pro hac forthcoming) michael@fairmarklaw.com 6 FAIRMARK PARTNERS, LLP 1825 7th Street, NW, #821 7 Washington, DC 20001 Telephone: (619) 507-4182 8

Attorneys for Plaintiffs Joseph 9 Colon, Shannon Ray, Khala Taylor, 10 Peter Robinson, Katherine Sebbane, and Patrick Mehlert 11

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 The court has reviewed the parties’ stipulated protective order. (See 1:23-cv-00425-WBS- 3 KJN at ECF No. 54; 2:22-cv-02125-WBS-KJN at ECF No. 46.) The stipulation comports with the relevant authorities and the court’s applicable local rule. See L.R. 141.1. The court APPROVES the protective order, subject to the following clarification. Once an action is closed, “the court will

7 || not retain jurisdiction over enforcement of the terms of any protective order filed in that action.” g || L.R. 141.1(f); see also, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., 9 || Feb. 03, 2017) (noting that courts in the district generally do not retain jurisdiction for disputes 10 concerning protective orders after closure of the case). Thus, despite the parties’ agreement that jurisdiction extend beyond the end of this action, the court will not retain jurisdiction over this protective order once the case 1s closed.

14 Dated: October 16, 2023 is Foci) Aharon 16 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE smar.2125 18 19 20 21 22 23 24 25 26 27 28 _97_ Case Nos. 2:22-cv-02125 and 1:23-cv-00425 WBS KUN

1 EXHIBIT A 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 TAYLOR SMART AND MICHAEL HACKER, No. 2:22-cv-02125 WBS KJN Individually and on Behalf of All 5 Those Similarly Situated, 6 Plaintiffs, v. 7 NATIONAL COLLEGIATE ASSOCIATION, an unincorporated association, 8 Defendant. JOSEPH COLON, SHANNON RAY, KHALA 9 TAYLOR, PETER ROBINSON, KATHERINE No. 1:23-cv-00425 WBS KJN SEBBAME, and PATRICK MEHLER, 10 individually and on behalf of all those similarly situated, 11 Plaintiffs, v. 12 NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, an unincorporated 13 association, Defendant. 14 AGREEMENT TO BE BOUND BY PROTECTIVE ORDER 15 The undersigned acknowledges having been provided with and having 16 read the “Stipulated Protective Order” in this matter 17 18 (“Protective Order”). The undersigned further agrees he/she (i) 19 is bound under the Protective Order, (ii) will comply with all of 20 its provisions, and (iii) is subject to the jurisdiction of the 21 Court for all purposes arising under the Protective Order, 22 including enforcement of its terms. 23 Dated: ______________ By:_______________________ 24 Print Name: 25 ________________________ 26 27