, || Nathan A. Perea, Esq. (State Bar No. 235791) PEREA LAW, APC * Temecula Parkway, Suite 314 3 || Temecula, CA 92592 Telephone: (951)303-6855 Facsimile: (951)303-6955 5 ||[email protected] ¢ || Attorney for Plaintiff William Christopher Thompson 7 || Jeffrey M. Lenkov, Esq. (State Bar No. 156478) @mann ingllp.com 8 me aS Esq. (State Bar No. 311617) ‘as(@manningllp.com 9 MANNING & KASS i || ELLROD, RAMIREZ, TRESTER LLP 801 S. Pisvere St, 15" Floor 11 || Los Angeles, California 90017-3012 Telephone: eae 624-6900 12 || Facsimile: (213) 624-6999 13 |) Attorneys for Defendant, MARRIOTT HOTEL SERVICES, INC. dba JW Marriot 14 Desert Springs Resort & Spa UNITED STATES DISTRICT COURT 16 FOR THE CENTRAL DISTRICT OF CALIFORNIA || WILLIAM CHRISTOPHER CASE NO.: 5:19-cv-00828-KK THOMPSON, an individual; a istrate Judge Kenly Kiya Plaintiff, STIPULATION AND 46 VS. PROPOSED PROTECTIVE ORDER 21 MARRIOTT HOTEL SERVICES, INC., a Delaware Corporation NOTE CHANGES MADE BY COURT nee in California, as JW 23 || MARRIOTT DESERT SPRINGS RESPORT & SPA, and DOES 1- 24 || 100, Complaint Filed: 1/16/2019 Defendants. Removed: 5/3/2019 26 27 28 STIPULATION AND RROR@SEIKPROTECTIVE ORDER

1 COMES NOW Plaintiff WILLIAM CHRISTOPHER THOMPSON, by and 2 through his attorney of record, Nathan A. Perea, Esq., of PEREA LAW, APC, and 3 || Defendant MARRIOTT HOTEL SERVICES, INC., a Delaware Corporation doing 4 || business in California, as JW MARRIOTT DESERT SPRINGS RESPORT & SPA 5 || by and through its attorney of record, Derik Sarkesians, Esq., of Manning & Kass, 6 || Ellrod, Ramirez, Tester, LLP, and hereby stipulates and requests an order as 7 || follows: 8 1. PURPOSES AND LIMITATIONS 9 Discovery in this action is likely to involve production of confidential, 10 || proprietary or private information for which special protection from public 11 ||disclosure and from use for any purpose other than pursuing this litigation may be 12 warranted. Accordingly, the parties hereby stipulate to and petition the Court to 13 |}enter the following Stipulated Protective Order. The parties acknowledge that this 14 does not confer blanket protections on all disclosures or responses to 15 discovery and that the protection it affords from public disclosure and use extends 16 |}only to the limited information or items that are entitled to confidential treatment 17 the applicable legal principles. 18 2. GOOD CAUSE STATEMENT 19 Plaintiff is an organic farmer whose farm is certified organic through the 20 || department of agriculture. He also is a wine maker in Temecula with an award 21 || winning label. Plaintiff contends that due to the injuries he sustained to his back he 22 || was unable to plant a crop in October and had to wait until January/February whic 23 || caused him lost profits. He further contends that due to the injuries he was unable 24 ||to process grapes and oversee the processing of grapes at a substantial loss. The 25 || analysis of loss will require, or may require the disclosure of proprietary 26 ||information including pricing, profit margins, crop yields, and distribution method 27 || which, if available to the public, could cause economic detriment to Plaintiff. 28 STIPULATION AND 2&QROSEX PROTECTIVE ORDER

1 This action is likely to involve trade secrets, customer and pricing lists and 2 || other valuable research, development, commercial, financial, technical and/or 3 || proprietary information for which special protection from public disclosure and 4 || from use for any purpose other than prosecution of this action is warranted. Such 5 || confidential and proprietary materials and information consist of, among other 6 ||things, confidential business or financial information, information regarding 7 || confidential business practices, or other confidential research, development, or 8 ||commercial information (including information implicating privacy rights of third 9 || parties), information otherwise generally unavailable to the public, or which may 10 || be privileged or otherwise protected from disclosure under state or federal statutes, 11 rules, case decisions, or common law. Accordingly, to expedite the flow of 12 ||information, to facilitate the prompt resolution of disputes over confidentiality of 13 ||discovery materials, to adequately protect information the parties are entitled to 14 confidential, to ensure that the parties are permitted reasonable necessary use 15 ||of such material in preparation for and in the conduct of trial, to address their 16 || handling at the end of the litigation, and serve the ends of justice, a protective orde 17 || for such information is justified in this matter. It is the intent of the parties that 18 ||information will not be designated as confidential for tactical reasons and that 19 ||nothing be so designated without a good faith belief that it has been maintained in 20 confidential, non-public manner, and there is good cause why it should not be 21 || part of the public record of this case. 22 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 23 The parties further acknowledge, as set forth in Section 14.3, below, that this 24 || Stipulated Protective Order does not entitle them to file confidential information 25 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 26 the standards that will be applied when a party seeks permission from the court 27 ||to file material under seal. There is a strong presumption that the public has a right 28 STIPULATION AND BR@ROSED PROTECTIVE ORDER Amended NAP STIP PROT ORDER 09 05 19

1 ||of access to judicial proceedings and records in civil cases. In connection with non 2 || dispositive motions, good cause must be shown to support a filing under seal. See 3 || Kamakana v. City and County of Honolulu,

(9th Cir. 2006), 4 ||Phillips v. Gen. Motors Corp.,

, 1210-11 (9th Cir. 2002), Makar- 5 || Welbon v. Sony Electrics, Inc.,

(E.D. Wis. 1999) (even 6 stipulated protective orders require good cause showing), and a specific showing o 7 || good cause or compelling reasons with proper evidentiary support and legal 8 justification, must be made with respect to Protected Material that a party seeks to 9 || file under seal. The parties’ mere designation of Disclosure or Discovery Material 10 ||}as CONFIDENTIAL does not— without the submission of competent evidence by 11 declaration, establishing that the material sought to be filed under seal qualifies as 12 |}confidential, privileged, or otherwise protectable—constitute good cause. 13 Further, if a party requests sealing related to a dispositive motion or trial, 14 ||then compelling reasons, not only good cause, for the sealing must be shown, and 15 relief sought shall be narrowly tailored to serve the specific interest to be 16 ||protected. See Pintos v. Pacific Creditors Ass’n.,

(9" Cir. 17 ||2010). For each item or type of information, document, or thing sought to be filed 18 |) or introduced under seal, the party seeking protection must articulate compelling 19 ||reasons, supported by specific facts and legal justification, for the requested 20 ||sealing order. Again, competent evidence supporting the application to file 21 |}documents under seal must be provided by declaration. Any document that is not 22 ||confidential, privileged, or otherwise protectable in its entirety will not be filed 23 seal if the confidential portions can be redacted. If documents can be 24 ||redacted, then a redacted version for public viewing, omitting only the 25 ||confidential, privileged, or otherwise protectable portions of the document, shall 26 || be filed. Any application that seeks to file documents under seal in their entirety 27 || should include an explanation of why redaction is not feasible. 28 STIPULATION AND BBQROSER PROTECTIVE ORDER Amended NAP STIP PROT ORDER 09 05 19

1 4. DEFINITIONS 2 4.1 Action: This pending federal lawsuit and any related action. 3 4.2 Challenging Party: a Party or Non-Party that challenges the designation 4 ||of information or items under this Order. 5 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 6 || how it is generated, stored or maintained) or tangible things that qualify for 7 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in 8 ||the Good Cause Statement. 9 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as thei 10 || support staff). 11 4.5 Designating Party: a Party or Non-Party that designates information or 12 that it produces in disclosures or in responses to discovery as 13 ||“CONFIDENTIAL.” 14 4.6 Disclosure or Discovery Material: all items or information, regardless of 15 ||the medium or manner in which it is generated, stored, or maintained (including, 16 ||among other things, testimony, transcripts, and tangible things), that are produced 17 ||or generated in disclosures or responses to discovery. 18 4.7 Expert: a person with specialized knowledge or experience in a matter 19 pertinent to the litigation who has been retained by a Party or its counsel to serve 20 ||as an expert witness or as a consultant in this Action. 21 4.8 House Counsel: attorneys who are employees of a party to this Action. 22 || House Counsel does not include Outside Counsel of Record or any other outside 23 |} counsel. 24 4.9 Non-Party: any natural person, partnership, corporation, association or 25 ||other legal entity not named as a Party to this action. 26 4.10 Outside Counsel of Record: attorneys who are not employees of a party 27 this Action but are retained to represent a party to this Action and have appeared 28 STIPULATION AND ®RQROSED PROTECTIVE ORDER Amended NAP STIP PROT ORDER 09 05 19

1 |{in this Action on behalf of that party or are affiliated with a law firm that has 2 ||appeared on behalf of that party, and includes support staff. 3 4.11 Party: any party to this Action, including all of its officers, directors, 4 |)}employees, consultants, retained experts, and Outside Counsel of Record (and their 5 ||support staffs). 6 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 7 || Discovery Material in this Action. 8 4.13 Professional Vendors: persons or entities that provide litigation support 9 || services (e.g., photocopying, videotaping, translating, preparing exhibits or 10 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 11 their employees and subcontractors. 12 4.14 Protected Material: any Disclosure or Discovery Material that is 13 ||designated as “CONFIDENTIAL" that relates or refers to Plaintiff's businesses as 14 described in Paragraph two (2) above. 15 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material 16 || from a Producing Party. 17 5. SCOPE 18 The protections conferred by this Stipulation and Order cover not only 19 || Protected Material (as defined above), but also (1) any information copied or 20 extracted from Protected Material; (2) all copies, excerpts, summaries, or 21 ||compilations of Protected Material; and (3) any testimony, conversations, or 22 presentations by Parties or their Counsel that might reveal Protected Material. Any 23 |/use of Protected Material at trial shall be governed by the orders of the trial judge 24 ||and other applicable authorities. This Order does not govern the use of Protected 25 || Material at trial. 26 27 28 STIPULATION AND RROBASED PROTECTIVE ORDER Amended NAP STIP PROT ORDER 09 05 19

1 6. DURATION 2 Once a case proceeds to trial, information that was designated as 3 || CONFIDENTIAL or maintained pursuant to this protective order used or 4 ||introduced as an exhibit at trial becomes public and will be presumptively 5 ||available to all members of the public, including the press, unless compelling 6 ||reasons supported by specific factual findings to proceed otherwise are made to the 7 judge in advance of the trial. See Kamakana,

-81 8 || (distinguishing “good cause” showing for sealing documents produced in 9 ||discovery from “compelling reasons” standard when merits-related documents are 10 || part of court record). Accordingly, the terms of this protective order do not extend 11 beyond the commencement of the trial. 12 7. DESIGNATING PROTECTED MATERIAL 13 7.1 Exercise of Restraint and Care in Designating Material for Protection. 14 || Each Party or Non-Party that designates information or items for protection under 15 ||this Order must take care to limit any such designation to specific material that 16 || qualifies under the appropriate standards. 17 The Designating Party must designate for protection only those parts of 18 ||material, documents, items or oral or written communications that qualify so that 19 |) other portions of the material, documents, items or communications for which 20 || protection is not warranted are not swept unjustifiably within the ambit of this 21 Order. Mass, indiscriminate or routinized designations are prohibited. Designations 22 ||that are shown to be clearly unjustified or that have been made for an improper 23 || purpose (e.g., to unnecessarily encumber the case development process or to 24 ||impose unnecessary expenses and burdens on other parties) may expose the 25 || Designating Party to sanctions. If it comes to a Designating Party’s attention that 26 ||information or items that it designated for protection do not qualify for protection, 27 28 STIPULATION AND 2RQGROSED PROTECTIVE ORDER Amended NAP STIP PROT ORDER 08 08 19

1 || that Designating Party must promptly notify all other Parties that it is withdrawing 2 || the inapplicable designation. 3 7.2 Manner and Timing of Designations. Except as otherwise provided in 4 Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 5 ||that qualifies for protection under this Order must be clearly so designated before 6 ||the material is disclosed or produced. Designation in conformity with this Order 7 requires: 8 (a) for information in documentary form (e.g., paper or electronic 9 ||documents, but excluding transcripts of depositions or other pretrial or trial 10 || proceedings), that the Producing Party affix at a minimum, the legend 11 ||“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 12 ||contains protected material. If only a portion of the material on a page qualifies for 13 protection, the Producing Party also must clearly identify the protected portion(s) 14 ||(e.g., by making appropriate markings in the margins). A Party or Non-Party that 15 |;makes original documents available for inspection need not designate them for 16 protection until after the inspecting Party has indicated which documents it would 17 copied and produced. During the inspection and before the designation, all of 18 ||the material made available for inspection shall be deemed “CONFIDENTIAL.” 19 || After the inspecting Party has identified the documents it wants copied and 20 || produced, the Producing Party must determine which documents, or portions 21 thereof, qualify for protection under this Order. Then, before producing the 22 ||specified documents, the Producing Party must affix the “CONFIDENTIAL 23 || legend” to each page that contains Protected Material. If only a portion of the 24 material on a page qualifies for protection, the Producing Party also must clearly 25 ||identify the protected portion(s) (e.g., by making appropriate markings in the 26 margins).

28 STIPULATION AND ®&QROSHR PROTECTIVE ORDER Amended NAP STIP PROT ORDER 09 05 19

l (b) for testimony given in depositions that the Designating Party identifies 2 ||the Disclosure or Discovery Material on the record, before the close of the 3 || deposition all protected testimony. 4 (c) for information produced in some form other than documentary and for 5 || any other tangible items, that the Producing Party affix in a prominent place on the 6 ||exterior of the container or containers in which the information is stored the legend 7 ||“CONFIDENTIAL.” If only a portion or portions of the information warrants 8 || protection, the Producing Party, to the extent practicable, shall identify the 9 || protected portion(s). 10 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 11 || failure to designate qualified information or items does not, standing alone, waive 12 ||the Designating Party’s right to secure protection under this Order for such 13 material. Upon timely correction of a designation, the Receiving Party must make 14 ||reasonable efforts to assure that the material is treated in accordance with the 15 || provisions of this Order. 16 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 18 || designation of confidentiality at any time that is consistent with the Court’s 19 |) Scheduling Order. 20 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 21 }/resolution process under Local Rule 37-1 et seq. 22 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 23 ||joint stipulation pursuant to Local Rule 37-2. 24 8.4 The burden of persuasion in any such challenge proceeding shall be on 25 Designating Party. Frivolous challenges, and those made for an improper 26 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 27 || parties) may expose the Challenging Party to sanctions. Unless the Designating 28 STIPULATION AND BROBGSER PROTECTIVE ORDER

| has waived or withdrawn the confidentiality designation, all parties shall 2 ||continue to afford the material in question the level of protection to which it is 3 || entitled under the Producing Party’s designation until the Court rules on the 4 ||challenge. 5 9, ACCESS TO AND USE OF PROTECTED MATERIAL 6 9.1 Basic Principles. A Receiving Party may use Protected Material that is 7 || disclosed or produced by another Party or by a Non-Party in connection with this g || Action only for prosecuting, defending or attempting to settle this Action. Such 9 ||Protected Material may be disclosed only to the categories of persons and under 10 ||the conditions described in this Order. When the Action has been terminated, a 11 Receiving Party must comply with the provisions of section 15 below (FINAL 12 || DISPOSITION). 13 Protected Material must be stored and maintained by a Receiving Party at a 14 location and in a secure manner that ensures that access is limited to the persons 15 authorized under this Order. 16 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 17 || otherwise ordered by the court or permitted in writing by the Designating Party, a 18 ||Receiving Party may disclose any information or item designated 19 ||“CONFIDENTIAL” only to: 20 (a) the Receiving Party’s Outside Counsel of Record in this 21 Action, as well as employees of said Outside Counsel of Record to whom it 22 ||is reasonably necessary to disclose the information for this Action; 23 (b) the officers, directors, and employees (including House Counsel) of the 24 ||Receiving Party to whom disclosure is reasonably necessary for this Action; 25 (c) Experts (as defined in this Order) of the Receiving Party to whom 26 disclosure is reasonably necessary for this Action and who have signed the 27 ||“Acknowledgment and Agreement to Be Bound” (Exhibit A) {FO BE 28 10 STIPULATION AND BRQROSER PROTECTIVE ORDER

1 2 || STIPULATION AND PROPOSED ORDER]; 3 (d) the court and its personnel; 4 (e) court reporters and their staff; 5 (f) professional jury or trial consultants, mock jurors, and 6 Professional Vendors to whom disclosure is reasonably necessary for this 7 || Action and who have signed the “Acknowledgment and Agreement to Be Bound” 8 (Exhibit A); 9 (g) the author or recipient of a document containing the information or a 10 |}custodian or other person who otherwise possessed or knew the information; 11 (h) during their depositions, witnesses, and attorneys for witnesses, in the 12 || Action to whom disclosure is reasonably necessary provided: (1) the deposing 13 || party requests that the witness sign the form attached as Exhibit A hereto; and (2) 14 ||they will not be permitted to keep any confidential information unless they sign the 15 ||“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 16 ||agreed by the Designating Party or ordered by the court. Pages of transcribed 17 deposition testimony or exhibits to depositions that reveal Protected Material may 18 || be separately bound by the court reporter and may not be disclosed to anyone 19 ||except as permitted under this Stipulated Protective Order; and 20 (i) any mediators or settlement officers and their supporting personnel, 21 |;mutually agreed upon by any of the parties engaged in settlement discussions. 22 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 23 |} PRODUCED IN OTHER LITIGATION 24 If a Party is served with a subpoena or a court order issued in other litigation 25 ||that compels disclosure of any information or items designated in this Action as 26 ||““CONFIDENTIAL,” that Party must: 27 28 STIPULATION AND RROBBSEY PROTECTIVE ORDER

1 (a) promptly notify in writing the Designating Party. Such notification shall 2 ||include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order to 4 ||issue in the other litigation that some or all of the material covered by the subpoen 5 ||or order is subject to this Protective Order. Such notification shall include a copy 6 ||of this Stipulated Protective Order; and 7 (c) cooperate with respect to all reasonable procedures sought to be pursued 8 || by the Designating Party whose Protected Material may be affected. If the 9 || Designating Party timely seeks a protective order, the Party served with the 10 ||subpoena or court order shall not produce any information designated in this action 11 “CONFIDENTIAL” before a determination by the court from which the 12 || subpoena or order issued, unless the Party has obtained the Designating Party’s 13 ||permission. The Designating Party shall bear the burden and expense of seeking 14 || protection in that court of its confidential material and nothing in these provisions 15 ||should be construed as authorizing or encouraging a Receiving Party in this Action 16 ||to disobey a lawful directive from another court. 17 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 18 || PRODUCED IN THIS LITIGATION 19 (a) The terms of this Order are applicable to information produced by a Non 20 || Party in this Action and designated as “CONFIDENTIAL.” Such information 21 || produced by Non-Parties in connection with this litigation is protected by the 22 ||remedies and relief provided by this Order. Nothing in these provisions should be 23 construed as prohibiting a Non-Party from seeking additional protections. 24 (b) In the event that a Party is required, by a valid discovery request, to 25 produce a Non-Party’s confidential information in its possession, and the Party is 26 subject to an agreement with the Non-Party not to produce the Non-Party’s 27 confidential information, then the Party shall: 28 12 STIPULATION AND BRQROSED PROTECTIVE ORDER Amended NAP STIP PROT ORDER 09 05 19

1 (1) promptly notify in writing the Requesting Party and the Non- Party that 2 \|some or all of the information requested is subject to a confidentiality agreement 3 || with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 5 in this Action, the relevant discovery request(s), and a reasonably specific 6 description of the information requested; and (3) make the information requested 7 \|available for inspection by the Non-Party, if requested. 8 (c) If the Non-Party fails to seek a protective order from this court within 14 9 || days of receiving the notice and accompanying information, the Receiving Party 10 ||may produce the Non-Party’s confidential information responsive to the discovery 11 ||request. If the Non-Party timely seeks a protective order, the Receiving Party shall 12 ||not produce any information in its possession or control that is subject to the 13 ||confidentiality agreement with the Non-Party before a determination by the court. 14 || Absent a court order to the contrary, the Non-Party shall bear the burden and 15 ||expense of seeking protection in this court of its Protected Material. 16 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 17 If a Receiving Party learns that, by inadvertence or otherwise, it has 18 || disclosed Protected Material to any person or in any circumstance not authorized 19 under this Stipulated Protective Order, the Receiving Party must immediately (a) 20 ||notify in writing the Designating Party of the unauthorized disclosures, (b) use its >1 || best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 22 ||the person or persons to whom unauthorized disclosures were made of all the term 93 |lof this Order, and (d) request such person or persons to execute the 24 ||“Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A. 25 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 26 ||, PROTECTED MATERIAL 27 28 13 STIPULATION AND PRORGSED PROTECTIVE ORDER Amended NAP STIP PROT ORDER 09 05 19

1 When a Producing Party gives notice to Receiving Parties that certain 2 ||inadvertently produced material is subject to a claim of privilege or other 3 protection, the obligations of the Receiving Parties are those set forth in Federal 4 ||Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to modify 5 whatever procedure may be established in an e-discovery order that provides for 6 production without prior privilege review. Pursuant to Federal Rule of Evidence 7 ||502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 8 a communication or information covered by the attorney-client privilege or 9 || work product protection, the parties may incorporate their agreement in the 10 ||stipulated protective order submitted to the court. 11 14. MISCELLANEOUS 12 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 13 person to seek its modification by the Court in the future. 14 14.2 Right to Assert Other Objections. By stipulating to the entry of this 15 || Protective Order, no Party waives any right it otherwise would have to object to 16 disclosing or producing any information or item on any ground not addressed in 17 || this Stipulated Protective Order. Similarly, no Party waives any right to object on 18 || any ground to use in evidence of any of the material covered by this Protective 19 || Order. 20 14.3 Filing Protected Material. A Party that seeks to file under seal any 21 Protected Material must comply with Local Civil Rule 79-5. Protected Material 22 |)may only be filed under seal pursuant to a court order authorizing the sealing of th 23 || specific Protected Material. If a Party’s request to file Protected Material under 24 ||seal is denied by the court, then the Receiving Party may file the information in the 25 ||public record unless otherwise instructed by the court. 26 2] 28 14 STIPULATION AND PROPOSED PROTECTIVE ORDER Amended NAP STIP PROT ORDER 09 05 19

1 15. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 6, within 3 ||60 days of a written request by the Designating Party, each Receiving Party must 4 |lreturn all Protected Material to the Producing Party or destroy such material. As 5 |lused in this subdivision, “all Protected Material” includes all copies, abstracts, 6 ||compilations, summaries, and any other format reproducing or capturing any of the 7 \|Protected Material. Whether the Protected Material is returned or destroyed, the ||Receiving Party must submit a written certification to the Producing Party (and, if 9 ||not the same person or entity, to the Designating Party) by the 60-day deadline that 10 ||(1) identifies (by category, where appropriate) all the Protected Material that was 11 ||returned or destroyed and (2) affirms that the Receiving Party has not retained any 12 copies, abstracts, compilations, summaries or any other format reproducing or 13 || capturing any of the Protected Material. Notwithstanding this provision, Counsel 14 || are entitled to retain an archival copy of all pleadings, motion papers, trial, 15 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition 16 ||and trial exhibits, expert reports, attorney work product, and consultant and expert 17 || work product, even if such materials contain Protected Material. Any such archival 18 || copies that contain or constitute Protected Material remain subject to this 19 || Protective Order as set forth in Section 6 (DURATION). 20 16. VIOLATION 21 Any violation of this Order may be punished by appropriate measures 22 ||including, without limitation, contempt proceedings and/or monetary sanctions. 23 24 25 26 || /// 27 15 STIPULATION AND®ROPOSED PROTECTIVE ORDER Amended NAP STIP PROT ORDER 09 05 19

1 IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 DATED: September 3 ,2019 PEREA LAW, APC : 210 3 4 By: 5 Nathan A. Perea, Esq., Attorney for William Christopher Thompson 6 || DATED: September [6 _],2019 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 8 ° Za By: Jeffrey M. Lenkov, Esq. 1 Derik A. Sarkesians, Esq. 2 Attorneys for Defendant, MARRIOTT HOTEL SERVICES, INC. 13 14 15 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 16 17 || DATED; _ September 11, 2019 WA 18 By: fs 19 KENLY KIYA KATO 20 United States Magistrate Judge 21 22 23 24 23 26 27 28 16 STIPULATION ANDBR@POSER PROTECTIVE ORDER

l EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY 3 PROTECTIVE ORDER 4 The undersigned acknowledges that he/she has read the Protective Order 5 || attached hereto, understands the terms thereof, and agrees to be bound by its 6 || terms. The undersigned understands that the terms of the Protective Order obligat 7 him/her to use documents designated CONFIDENTIAL in accordance with the 8 || Order, and not to disclose any such documents or information derived directly 9 || therefrom to any other person, firm or concern. 10 The undersigned acknowledges that violation of the Protective Order may 11 || result in penalties for contempt of court. 12 || Date: 13 Printed Name 14 a 15 Signature 16 Ly 18 19 20 21 22 23 24 25 26 27 17 STIPULATION AND 2RQROSED PROTECTIVE ORDER