Turo Inc. v. City of Los Angeles

Opinion

2 3 4 5 6 7 11 12 TURO INC., Case No. 2:18-CV-6055-CAS-GJS 13 Plaintiff, STIPULATED PROTECTIVE 14 v. ORDER1

16 Defendant. 17

18 19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, 21 proprietary or private information for which special protection from public disclosure 22 and from use for any purpose other than prosecuting this litigation may be warranted. 23 Accordingly, the parties hereby stipulate to and petition the Court to enter the 24 following Stipulated Protective Order (hereafter, “Order,” “Protective Order,” or 25 “Stipulated Protective Order”). The parties acknowledge that this Order does not 26 confer blanket protections on all disclosures or responses to discovery and that the 27 1 protection it affords from public disclosure and use extends only to the limited 2 information or items that are entitled to confidential treatment under the applicable 3 legal principles. 5 This action is likely to involve confidential and highly confidential trade 6 secrets, customer and pricing lists, financial and investor statements, Board 7 presentations and materials, and private individual location and vehicle reservation 8 information, among other valuable research, development, commercial, financial, 9 technical, and/or proprietary information, for which special protection from public 10 disclosure and from use for any purpose other than prosecution of this action is 11 warranted. As this case involves a party with a technology platform engaged in 12 proprietary business development and ongoing confidential investor valuations and 13 relationships, such confidential and proprietary materials and information consist of, 14 among other things, confidential business or financial information, information 15 regarding confidential business practices, or other confidential research, 16 development, or commercial information (including information implicating privacy 17 rights of third parties), information otherwise generally unavailable to the public, or 18 which may be privileged or otherwise protected from disclosure under state or federal 19 statutes, court rules, case decisions, or common law. Accordingly, to expedite the 20 flow of information, to facilitate the prompt resolution of disputes over confidentiality 21 of discovery materials, to adequately protect information the parties are entitled to 22 keep confidential, to ensure that the parties are permitted reasonable necessary uses 23 of such material in preparation for and in the conduct of trial, to address their handling 24 at the end of the litigation, and serve the ends of justice, a protective order for such 25 information is justified in this matter. It is the intent of the parties that information 26 will not be designated as confidential or highly confidential for tactical reasons and 27 that nothing be so designated without a good faith belief that it has been maintained 1 in a confidential, non-public manner, and there is good cause why it should not be 2 part of the public record of this case. 3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 4 The parties further acknowledge, as set forth in Section 12.3, below, that this 5 Stipulated Protective Order does not entitle them to file confidential or highly 6 confidential information under seal; Local Civil Rule 79-5 sets forth the procedures 7 that must be followed and the standards that will be applied when a party seeks 8 permission from the court to file material under seal. 9 There is a strong presumption that the public has a right of access to judicial 10 proceedings and records in civil cases. In connection with non-dispositive motions, 11 good cause must be shown to support a filing under seal. See Kamakana v. City and 12 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors 13 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, Inc., 14 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 15 cause showing). A specific showing of good cause or compelling reasons with proper 16 evidentiary support and legal justification, must be made with respect to Protected 17 Material that a party seeks to file under seal. The parties’ mere designation of 18 Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY 19 CONFIDENTIAL does not—without the submission of competent evidence by 20 declaration, establishing that the material sought to be filed under seal qualifies as 21 confidential, privileged, or otherwise protectable—constitute good cause. 22 Further, if a party requests sealing related to a dispositive motion or trial, then 23 compelling reasons, not only good cause, for the sealing must be shown, and the relief 24 sought shall be narrowly tailored to serve the specific interest to be protected. See 25 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each 26 item or type of information, document, or thing sought to be filed or introduced under 27 seal in connection with a dispositive motion or trial, the party seeking protection must 1 the requested sealing order. Again, competent evidence supporting the application to 2 file documents under seal must be provided by declaration. 3 Any document that is not confidential, privileged, or otherwise protectable in 4 its entirety will not be filed under seal if the confidential portions can be redacted. If 5 documents can be redacted, then a redacted version for public viewing, omitting only 6 the confidential, privileged, or otherwise protectable portions of the document, shall 7 be filed. Any application that seeks to file documents under seal in their entirety 8 should include an explanation of why redaction is not feasible. 9 2. DEFINITIONS 10 2.1 Action: this pending lawsuit, Turo Inc. v. City of Los Angeles, Case No. 11 2:18-CV-6055-CAS-GJS. 12 2.2 Challenging Party: a Party or Non-Party that challenges the designation 13 of information or items under this Order. 14 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 15 how it is generated, stored or maintained) or tangible things that qualify for protection 16 under Federal Rule of Civil Procedure 26(c), as specified above in the Good Cause 17 Statement. 18 2.4 “HIGHLY CONFIDENTIAL” Information or Items: information 19 (regardless of how it is generated, stored or maintained) or tangible things involving 20 extremely sensitive CONFIDENTIAL Information or Items, disclosure of which to 21 another Party or Non-Party would create a substantial risk of serious harm that could 22 not be avoided by less restrictive means and that qualify for protection under Federal 23 Rule of Civil Procedure 26(c), as specified above in the Good Cause Statement. 24 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their 25 support staff). 26 2.6 Designating Party: a Party or Non-Party that designates information or 27 items that it produces in disclosures or in responses to discovery as 1 2.7 Disclosure or Discovery Material: all items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced or 4 generated in disclosures or responses to discovery in this matter. 5 2.8 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 an expert witness or as a consultant in this Action. 8 2.9 House Counsel: attorneys who are employees of a party to this Action. 9 House Counsel does not include Outside Counsel of Record or any other outside 10 counsel. 11 2.10 Non-Party: any natural person, partnership, corporation, association or 12 other legal entity not named as a Party to this action. 13 2.11 Outside Counsel of Record: attorneys who are not employees of a Party 14 to this Action but are retained to represent or advise a Party to this Action and have 15 appeared in this Action on behalf of that Party or are affiliated with a law firm that 16 has appeared on behalf of that Party, and includes support staff. 17 2.12 Party: any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 2.14 Professional Vendors: persons or entities that provide litigation support 23 services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, e-discovery vendors, graphics firms, and organizing, storing, or 25 retrieving data in any form or medium) and their employees and subcontractors. 26 2.15 Protected Material: any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 1 from a Producing Party. 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or extracted 4 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 5 Protected Material; and (3) any testimony, conversations, or presentations by Parties 6 or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9 4. DURATION 10 FINAL DISPOSITION of the action is defined as the conclusion of any 11 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 12 has run. Except as set forth below, the terms of this Protective Order apply through 13 FINAL DISPOSITION of the action. The Parties expressly stipulate that, for archival 14 copies, as set forth in Section 13 (FINAL DISPOSITION), such copies of materials 15 shall be subject to this Protective Order, even after the FINAL DISPOSITION of the 16 case. Any Party may file a separate action for enforcement of this stipulation once all 17 proceedings in this case are complete. 18 Once a case proceeds to trial, information that was designated as 19 CONFIDENTIAL or HIGHLY CONFIDENTIAL or maintained pursuant to this 20 Protective Order used or introduced as an exhibit at trial becomes public and will be 21 presumptively available to all members of the public, including the press, unless 22 compelling reasons supported by specific factual findings to proceed otherwise are 23 made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 24 (distinguishing “good cause” showing for sealing documents produced in discovery 25 from “compelling reasons” standard when merits-related documents are part of court 26 record). Accordingly, for such materials, the terms of this Protective Order do not 27 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 this 4 Order must take care to limit any such designation to specific material that qualifies 5 under the appropriate standards. The Designating Party must designate for protection 6 only those parts of material, documents, items or oral or written communications that 7 qualify so that other portions of the material, documents, items or communications 8 for which protection is not warranted are not swept unjustifiably within the ambit of 9 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 impose 13 unnecessary expenses and burdens on other parties) may expose the Designating Party 14 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” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY 1 that contains protected material. If only a portion of the material on a page qualifies 2 for protection, the Producing Party also must clearly identify the protected portion(s) 3 (e.g., by making appropriate markings in the 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” or “HIGHLY CONFIDENTIAL.” After the inspecting 9 Party has identified the documents it wants copied and produced, the Producing Party 10 must determine which documents, or portions thereof, qualify for protection under 11 this Order. Then, before producing the specified documents, the Producing Party 12 must affix the “CONFIDENTIAL legend” or “HIGHLY CONFIDENTIAL legend” 13 to each page that contains Protected Material. If only a portion of the material on a 14 page qualifies for protection, the Producing Party also must clearly identify the 15 protected portion(s) (e.g., by making appropriate markings in the margins). 16 (b) a Party or Non-Party may designate information disclosed during a 17 deposition as confidential or highly confidential by so indicating on the record at the 18 deposition and requesting the preparation of a separate transcript of such material (or 19 by requesting that the confidential or highly confidential material be designated as 20 such in the transcript). Alternatively, a Party or Non-Party may provisionally 21 designate the deposition transcript as subject to confidential and highly confidential 22 designations, and thereafter designate in writing, within thirty (30) days after receipt 23 of the deposition transcript for which a confidentiality designation is proposed, that 24 specific pages of the transcript and/or specific responses be treated as confidential or 25 highly confidential. 26 (c) for information produced in some form other than documentary and for 27 any other tangible items, that the Producing Party affix in a prominent place on the 1 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” If only a portion or portions 2 of the information warrants protection, the Producing Party, to the extent practicable, 3 shall identify the protected portion(s). 4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 5 failure to designate qualified information or items does not, standing alone, waive the 6 Designating Party’s right to secure protection under this Order for such material. 7 Upon timely correction of a designation, the Receiving Party must make reasonable 8 efforts to assure that the material is treated in accordance with the provisions of this 9 Order. 10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 12 designation of confidentiality at any time that is consistent with the Court’s 13 Scheduling Order. 14 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 15 resolution process under Local Rule 37.1 et seq. 16 6.3 The burden of persuasion in any such challenge proceeding shall be on 17 the Designating Party. Frivolous challenges, and those made for an improper purpose 18 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 19 expose the Challenging Party to sanctions. Unless the Designating Party has waived 20 or withdrawn the confidentiality designation, all parties shall continue to afford the 21 material in question the level of protection to which it is entitled under the Producing 22 Party’s designation until the Court rules on the challenge. 23 7. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1 Basic Principles. A Receiving Party may use Protected Material that is 25 disclosed or produced by another Party or by a Non-Party in connection with this 26 Action only for prosecuting, defending or attempting to settle this Action. Such 27 Protected Material may be disclosed only to the categories of persons and under the 1 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 2 Protected Material must be stored and maintained by a Receiving Party at a 3 location and in a secure manner that ensures that access is limited to the persons 4 authorized under this Order. 5 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 6 otherwise ordered by the court or permitted in writing by the Designating Party, a 7 Receiving Party may disclose any information or item designated 8 “CONFIDENTIAL” only to: 9 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 10 as employees of said Outside Counsel of Record to whom it is reasonably necessary 11 to disclose the information for this Action; 12 (b) the officers, directors, and employees (including House Counsel) of the 13 Receiving Party to whom disclosure is reasonably necessary for this Action; 14 (c) Experts (as defined in this Order) of the Receiving Party to whom 15 disclosure is reasonably necessary for this Action and who have signed the 16 “Acknowledgment and Agreement to Be Bound” (Exhibit A)2 before being shown or 17 given any CONFIDENTIAL Information or Items, and provided that if the Expert is 18 or was employed by the opposing Party or one of its competitors within the last two 19 years, the Receiving Party shall notify the Designating Party before disclosing any 20 CONFIDENTIAL Information or Items to that Expert, and shall give the Designating 21 Party an opportunity to move for a protective order within 14 days preventing or 22 limiting such disclosure; 23 (d) the court and its personnel; 24 (e) court reporters and videographers, and their respective staff; 25 (f) professional jury or trial consultants, mock jurors, and Professional 26 2 Copies of Exhibit A signed by the Receiving Party’s Experts shall be retained by 27 counsel of the Receiving Party and will be made available to the Designating Party 1 Vendors to whom disclosure is reasonably necessary for this Action and who have 2 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (g) the author or recipient of a document containing the information or a 4 custodian or other person who otherwise possessed or knew the information; 5 (h) during their depositions, witnesses, and attorneys for witnesses, in the 6 Action to whom disclosure is reasonably necessary, provided: (1) the deposing party 7 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 8 not be permitted to keep any confidential information unless they sign the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 10 agreed by the Designating Party or ordered by the Court. Pages of transcribed 11 deposition testimony or exhibits to depositions that reveal Protected Material may be 12 separately bound by the court reporter and may not be disclosed to anyone except as 13 permitted under this Stipulated Protective Order; and 14 (i) any mediator or settlement officer, and their supporting personnel, 15 mutually agreed upon by any of the parties engaged in settlement discussions; 16 (j) any court exercising appellate jurisdiction over this dispute, and its 17 personnel; and 18 (k) any other persons as the Parties may agree to in writing or as the Court 19 may, upon hearing, so direct. 20 7.3 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. 21 Except with the prior written consent of the other Party, or upon prior order of this 22 Court obtained after notice to opposing counsel, HIGHLY CONFIDENTIAL 23 Information or Items shall be treated in the same manner as CONFIDENTIAL 24 Information or Items pursuant to Paragraph 7.2 above, except that they shall not be 25 disclosed to individual parties or directors, officers, or employees of a Party other than 26 House Counsel of a Party, unless such individuals qualify to view such information 27 under Paragraph 7.2(c), above. 2 If a Party is served with a subpoena or a court order issued in other litigation 3 that compels disclosure of any information or items designated in this Action as 4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” that Party must: 5 (a) promptly notify in writing the Designating Party. Such notification shall 6 include a copy of the subpoena or court order; 7 (b) promptly notify in writing the party who caused the subpoena or order 8 to issue in the other litigation that some or all of the material covered by the subpoena 9 or order is subject to this Stipulated Protective Order. Such notification shall include 10 a copy of this Stipulated Protective Order; and 11 (c) cooperate with respect to all reasonable procedures sought to be pursued 12 by the Designating Party whose Protected Material may be affected. 13 If the Designating Party timely seeks a protective order, the Party served with 14 the subpoena or court order shall not produce any information designated in this action 15 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” before a determination by 16 the court from which the subpoena or order issued, unless the Party has obtained the 17 Designating Party’s permission. The Designating Party shall bear the burden and 18 expense of seeking protection in that court of its confidential material and nothing in 19 these provisions should be construed as authorizing or encouraging a Receiving Party 20 in this Action to disobey a lawful directive from another court. 21 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 23 (a) The terms of this Order are applicable to information produced by a 24 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 25 CONFIDENTIAL.” Such information produced by Non-Parties in connection with 26 this litigation is protected by the remedies and relief provided by this Order. Nothing 27 in these provisions should be construed as prohibiting a Non-Party from seeking 1 (b) In the event that a Party is required, by a valid discovery request, to 2 produce a Non-Party’s confidential or highly confidential information in its 3 possession, and the Party is subject to an agreement with the Non-Party not to produce 4 the Non-Party’s confidential or highly confidential information, then the Party shall: 5 (1) promptly notify in writing the Requesting Party and the Non-Party 6 that some or all of the information requested is subject to a confidentiality agreement 7 with a Non-Party; 8 (2) promptly provide the Non-Party with a copy of the Stipulated 9 Protective Order in this Action, the relevant discovery request(s), and a reasonably 10 specific description of the information requested; and 11 (3) make the information requested available for inspection by the Non- 12 Party, if requested. 13 (c) If the Non-Party fails to seek a protective order from this court within 14 14 days of receiving the notice and accompanying information, the Receiving Party 15 may produce the Non-Party’s confidential or highly confidential information 16 responsive to the discovery request. If the Non-Party timely seeks a protective order, 17 the Receiving Party shall not produce any information in its possession or control that 18 is subject to the confidentiality agreement with the Non-Party before a determination 19 by the court. Absent a court order to the contrary, the Non-Party shall bear the burden 20 and expense of seeking protection in this court of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this 24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 25 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 26 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 27 persons to whom unauthorized disclosures were made of all the terms of this Order, 1 Agreement to Be Bound” that is attached hereto as Exhibit A. 2 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 4 When a Producing Party gives notice to Receiving Parties that certain 5 inadvertently produced material is subject to a claim of privilege or other protection, 6 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 7 Procedure 26(b)(5)(B). If a Party moves the Court for an order compelling production 8 of the material, said motion shall not assert as a ground for entering such an order the 9 fact or circumstance of the production of the information. Further, pursuant to Federal 10 Rule of Evidence 502(d) and (e), the inadvertent disclosure of a communication or 11 information covered by the attorney-client privilege or work product protection does 12 not constitute a waiver of the attorney-client privilege or work product protection in 13 this proceeding or any other state or federal proceeding. This provision is not intended 14 to modify whatever procedure may be established in an e-discovery order that 15 provides for production without prior privilege review. 16 12. MISCELLANEOUS 17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 18 person to seek its modification by the Court in the future. 19 12.2 Right to Assert Other Objections. By stipulating to the entry of this 20 Protective Order, no Party waives any right it otherwise would have to object to 21 disclosing or producing any information or item on any ground not addressed in this 22 Stipulated Protective Order. Similarly, no Party waives any right to object on any 23 ground to use in evidence of any of the material covered by this Protective Order. 24 12.3 Filing Protected Material. A Party that seeks to file under seal any 25 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 26 only be filed under seal pursuant to a court order authorizing the sealing of the specific 27 Protected Material at issue. If a Party’s request to file Protected Material under seal 1 record unless otherwise instructed by the court. 2 12.4 A Party or Non-Party may designate as CONFIDENTIAL or HIGHLY 3 CONFIDENTIAL documents or discovery materials produced by a Non-Party by 4 providing written notice to all Parties of the relevant document numbers or other 5 identification within thirty (30) days after receiving such documents or discovery 6 materials. Any Party or Non-Party may voluntarily disclose to others without 7 restriction any information designated by that Party or Non-Party as 8 CONFIDENTIAL or HIGHLY CONFIDENTIAL, although a document may lose its 9 confidential status if it is made public. If a Party or Non-Party produces materials 10 designated CONFIDENTIAL or HIGHLY CONFIDENTIAL in compliance with this 11 Order, that production shall be deemed to have been made consistent with any 12 confidentiality or privacy requirements mandated by local, state, or federal laws. 13 13. FINAL DISPOSITION 14 After the final disposition of this Action, as defined in paragraph 4, within 60 15 days of a written request by the Designating Party, each Receiving Party must return 16 all Protected Material to the Producing Party or destroy such material. As used in this 17 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 18 summaries, and any other format reproducing or capturing any of the Protected 19 Material. Whether the Protected Material is returned or destroyed, the Receiving 20 Party must submit a written certification to the Producing Party (and, if not the same 21 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 22 (by category, where appropriate) all the Protected Material that was returned or 23 destroyed and (2) affirms that the Receiving Party has not retained any copies, 24 abstracts, compilations, summaries or any other format reproducing or capturing any 25 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 26 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 27 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 1 materials contain Protected Material. Any such archival copies that contain or 2 constitute Protected Material remain subject to this Protective Order as set forth in 3 Section 4 (DURATION). 4 14. VIOLATION 5 Any violation of this Order may be punished by appropriate measures 6 including, without limitation, contempt proceedings and/or monetary sanctions. 8 DATED: September 5, 2019 COOLEY LLP 9 10 /s/ Matthew D. Brown Matthew D. Brown 11 Attorneys for Plaintiff 13 DATED: September 5, 2019 LOEB & LOEB LLP 14

15 /s/ John David Taliaferro 16 John David Taliaferro 17 Attorneys for Defendant CITY OF LOS ANGELES 18 19 ATTESTATION OF CONCURRENCE IN FILING 20 In accordance with C.D. Cal. L.R. 5-4.3.4, I hereby attest that I have obtained 21 the concurrence of all signatories in the filing of this document. 22

23 DATED: September 5, 2019 COOLEY LLP 24

25 /s/ Matthew D. Brown 26 Matthew D. Brown

27 Attorneys for Plaintiff 1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3 || DATED: September 9, 2019 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury that 6 I have read in its entirety and understand the Stipulated Protective Order that was 7 issued by the United States District Court for the Central District of California on 8 [date] in the case of Turo Inc. v. City of Los Angeles, Case No. 2:18-CV-6055-CAS- 9 GJS. I agree to comply with and to be bound by all the terms of this Stipulated 10 Protective Order and I understand and acknowledge that failure to so comply could 11 expose me to sanctions and punishment in the nature of contempt. I solemnly promise 12 that I will not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance with 14 the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. I 18 hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27