l 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA UNIVERSAL DYEING & Case No.: 2:18-cv-09524-SVW-KS 11 || PRINTING, INC., Plaintiff, 13 STIPULATED PROTECTIVE ORDER IIWALGREEN CO., an Illinois 15 ||corporation; and DOES | through 10, | Defendants. 17 18 19 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based on 20 || the parties’ Stipulated Protective Order (“Stipulation”) filed on July 26, 2019, the 21 |/terms of the protective order to which the parties have agreed are adopted as a 22 || protective order of this Court (which generally shall govern the pretrial phase of 23 || this action) except to the extent, as set forth below, that those terms have been 24 ||modified by the Court’s amendment of paragraphs 3, 4 and 12.3 of the 25 || Stipulation. 26 \\ 27 |} \\ 28

l AGREED TERMS OF THE PROTECTIVE ORDER AS ADOPTED AND 2 MODIFIED BY THE COURT! 3 4 |} 1. A. PURPOSES AND LIMITATIONS 5 Discovery in this action is likely to involve production of confidential, 6 || proprietary, or private information for which special protection from public 7 disclosure and from use for any purpose other than prosecuting this litigation may be 8 || warranted. Accordingly, the parties hereby stipulate to and petition the Courtto enter 9 ||the following Stipulated Protective Order. The parties acknowledge that this Order 10 ||does not confer blanket protections on all disclosures or responses to discovery and 11 || that the protection it affords from public disclosure and use extends only to the 12 || limited information or items that are entitled to confidential treatment under the 13 || applicable legal principles. The parties further acknowledge, as set forth in Section 14 || 12.3, below, that this Stipulated Protective Order does not entitle them to file 15 || confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 16 that must be followed and the standards that will be applied when a party seeks 17 || permission from the court to file material under seal. 18 B. GOOD CAUSE STATEMENT 19 This action is likely to involve trade secrets, customer and pricing lists 20 |}and other valuable research, development, commercial, financial, technical and/or 21 || proprietary information for which special protection from public disclosure and from 22 |}use for any purpose other than prosecution of this action is warranted. Such 23 confidential and proprietary materials and information consist of, among other things, 24 ||confidential business or financial information, information regarding confidential 25 || business practices, information regarding the creation, purchase or sale of graphics, 26 57 1 The Court’s additions to the agreed terms of the Protective Order are generally indicated in bold typeface, and the Court’s deletions are indicated by lines through the text being deleted. 28

1 || artwork, and/or designs used on textiles and garments, or other confidential research, 2 ||development, or commercial information (including information implicating privacy 3 ||rights of third parties), information otherwise generally unavailable to the public, or 4 || which may be privileged or otherwise protected from disclosure under state or federal 5 statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow 6 |}of information, to facilitate the prompt resolution of disputes over confidentiality of 7 discovery materials, to adequately protect information the parties are entitled to keep 8 || confidential, to ensure that the parties are permitted reasonable necessary uses of such 9 || material in preparation for and in the conduct of trial, to address their handling at the 10 |}end of the litigation, and serve the ends of justice, a protective order for such 11 ||information is justified in this matter. It is the intent of the parties that information 12 || will not be designated as confidential for tactical reasons and that nothing be so 13 designated without a good faith belief that it has been maintained in a confidential, 14 ||non-public manner, and there is good cause why it should not be part of the public 15 ||record of this case. 16 17 2. DEFINITIONS 18 2.1 Action: This pending federal lawsuit, Universal Dyeing & 19 || Printing, Inc. v. Walgreen Co. et al., Case No: 2:18-cv-09524-SVW-KS. 20 2.2 Challenging Party: a Party or Non-Party that challenges the designation 21 ||of information or items under this Order. 22 2.3. “CONFIDENTIAL” Information or Items: information 23 (regardless of how it is generated, stored or maintained) or tangible things that qualify 24 || for protection under Federal Rule of Civil Procedure 26(c), and as specified above in 25 ||the Good Cause Statement. 26 24 “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” 27 || Information or Items: extremely sensitive “CONFIDENTIAL” Information or Items, 28

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

l 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 2 || Discovery Material in this Action. 3 2.14 Professional Vendors: persons or entities that provide litigation support 4 ||services (e.g., photocopying, videotaping, translating, preparing exhibits or 5 ||demonstrations, and organizing, storing, or retrieving data in any form or medium) 6 |}and their employees and subcontractors. 7 2.15 Protected Material: any Disclosure or Discovery Material that is 8 ||designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL— 9 || ATTORNEYS’ EYES ONLY.” 10 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 11 || from a Producing Party. 12 13 |[3. SCOPE 14 The protections conferred by this Stipulation and Order cover not only 15 || Protected Material (as defined above), but also (1) any information copied or extracted 16 ||from Protected Material; (2) all copies, excerpts, summaries, or compilations of 17 || Protected Material; and (3) any testimony, conversations, or presentations by Parties 18 || or their Counsel that might reveal Protected Material. 19 Any use of Protected Material at trial shall be governed by the orders of the 20 || trial judge. This Order does not govern the use of Protected Material at trial. 21 22 1/4. DURATION 23 Once a case proceeds to trial, all of the information that was designated as 24 || confidential or maintained pursuant to this protective order becomes public and will be 25 presumptively available to all members of the public, including the press, unless 26 || compelling reasons supported by specific factual findings to proceed otherwise are 27 ||made to the trial judge in advance of the trial. See Kamakana v. City and County of 28

1 || Honolulu,

(9th Cir. 2006) (distinguishing “good cause” 2 |}showing for sealing documents produced in discovery from “compelling reasons” 3 ||standard when merits-related documents are part of court record). Accordingly, the 4 ||terms of this protective order do not extend beyond the commencement of the trial. 5 The use of Designated Materials at depositions er+rial does not void the 6 ||documents’ status as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - 7 |} ATTORNEYS’ EYES ONLY” material or void the restrictions on the use of the 8 ||Designated Materials. Upon request of a party, the parties shall meet and confer 9 || concerning the use and protection of Designated Material in open court at any hearing. 10 At deposition, the party using Designated Material must request that the portion 11 |}of the proceeding where use is made be conducted so as to exclude persons not 12 || qualified to receive such Designated Material. 13 14 Is || fecokeestchDesopeted lateral 16 I? | □□□□□□□□□□□□□□□□□□□□□□□ ih Decerted bebop at te 18 19 5. DESIGNATING PROTECTED MATERIAL 20 5.1 Exercise of Restraint and Care in Designating Material for Protection. 21 Each Party or Non-Party that designates information or items for protection under this 22 |}Order must take care to limit any such designation to specific material that qualifies 23 |}under the appropriate standards. The Designating Party must designate for protection 24 || only those parts of material, documents, items, or oral or written communications that 25 || qualify so that other portions of the material, documents, items, or communications for 26 || which protection is not warranted are not swept unjustifiably within the ambit of this 27 || Order. 28

l Mass, indiscriminate, or routinized designations are prohibited. Designations 2 ||that are shown to be clearly unjustified or that have been made for an improper purpose 3 |I(e.g., to unnecessarily encumber the case development process or to impose 4 ||unnecessary expenses and burdens on other parties) may expose the Designating Party 5 |}to sanctions. 6 If it comes to a Designating Party’s attention that information or items that it 7 ||designated for protection do not qualify for protection, that Designating Party must 8 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 9 5.2. Manner and Timing of Designations. Except as otherwise provided in this 10 || Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise stipulated 11 |}or ordered, Disclosure or Discovery Material that qualifies for protection under this 12 || Order must be clearly so designated before the material is disclosed or produced. 13 Designation in conformity with this Order requires: 14 (a) for information in documentary form (e.g., paper or electronic 15 ||documents, but excluding transcripts of depositions or other pretrial or trial 16 ||proceedings), that the Producing Party affix at a minimum, the legend 17 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY 18 |} CONFIDENTIAL-ATTORNEYS’ EYES ONLY” (hereinafter “HIGHLY 19 || CONFIDENTIAL legend), to each page that contains protected material. If only a 20 ||portion or portions of the material on a page qualifies for protection, the Producing 21 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 22 ||markings in the margins). 23 A Party or Non-Party that makes original documents available for inspection 24 ||need not designate them for protection until after the inspecting Party has indicated 25 || which documents it would like copied and produced. During the inspection and before 26 ||the designation, all of the material made available for inspection shall be deemed 27 || “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 28

1 ||copied and produced, the Producing Party must determine which documents, or 2 ||portions thereof, qualify for protection under this Order. Then, before producing the 3 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 4 |}or “HIGHLY CONFIDENTIAL legend” to each page that contains Protected Material. 5 If only a portion or portions of the material on a page qualifies for protection, the 6 Producing Party also must clearly identify the protected portion(s) (e.g., by making 7 ||appropriate markings in the margins). 8 (b) for testimony given in depositions, that the Party or Non-Party 9 ||offering or sponsoring the testimony identify on the record, before the close of the 10 || deposition, all protected testimony, and that the testimony be separately marked by the 11 |}court reporter as Protected Material with the appropriate designation of 12 ||“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES 13 |] ONLY.” When it is impractical to identify separately each portion of testimony that is 14 entitled to protection, and when it appears that substantial portions of the testimony 15 ||may qualify for protection, the Party or Non-Party that sponsors, offers, or gives the 16 || testimony may invoke on the record (before the deposition is concluded) a right to have 17 |{up to 20 days after receipt of the transcript to identify the specific portions of the 18 || testimony as to which protection is sought and to specify the level of protection being 19 |}asserted (““CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ 20 |} EYES ONLY’), and to advise all other parties of the protection being sought. Only 21 || those portions of the testimony that are appropriately designated for protection within 22 ||the 20 days shall be covered by the provisions of this Stipulated Protective Order. In 23 the event that there are less than 20 days between the receipt of the transcript and the 24 ||time at which (i) the deponent is scheduled to testify in a proceeding, or (ii) the 25 ||transcript is expected to be used for a proceeding or filing a pleading, then the 26 || Designating Party shall have a period of time that is mutually agreed upon by the 27 || parties (not to exceed 5 days) to appropriately designate those portions of the testimony 28

1 |{designated for protection. It shall be the obligation of the Party seeking protection 2 |}under this Order to ensure that in preparing the certified transcript the court reporter 3 || separately binds the transcript pages containing Protected Material and affixes to each 4 ||such page the appropriate Designation Legend, as instructed by the Party or Non-Party 5 offering or sponsoring the witness or presenting the testimony; and 6 (c) for information produced in some form other than documentary 7 ||and for any other tangible items, that the Producing Party affix in a prominent place on 8 || the exterior of the container or containers in which the information is stored the legend 9 ||““CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES 10 ONLY.” If only a portion or portions of the information warrants protection, the 11 || Producing Party, to the extent practicable, shall identify the protected portion(s). 12 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 13 || failure to designate qualified information or items does not, standing alone, waive the 14 || Designating Party’s right to secure protection under this Order for such material. Upon 15 timely correction of a designation, the Receiving Party must make reasonable efforts 16 to assure that the material is treated in accordance with the provisions of this Order. 17 18 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 19 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 20 || designation of confidentiality at any time that is consistent with the Court’s Scheduling 21 || Order. 22 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 23 |}resolution process by serving written notice of each designation it is challenging and 24 || describing the basis for each challenge. To avoid ambiguity as to whether a challenge 25 been made, the written notice should recite that the challenge to confidentiality is 26 ||being made in accordance with this specific paragraph of the Protective Order. The 27 || Parties shall attempt to resolve each challenge in good faith and must begin the process 28

1 || by conferring directly within 10 days of the date of service of notice. In conferring, the 2 ||Challenging Party must explain the basis for its belief that the confidentiality 3 ||designation was not proper and must give the Designating Party an opportunity to 4 ||review the designated material, to reconsider the circumstances, and, if no change in 5 designation is offered, to explain the basis for the chosen designation. A Challenging 6 Party may proceed to the next stage of the challenge process only if it has engaged in 7 ||this meet and confer process first or establishes that the Designating Party is unwilling 8 to participate in the meet and confer process in a timely manner. 9 6.3 Burden of Persuasion. The burden of persuasion in any such challenge 10 || proceeding shall be on the Designating Party. Frivolous challenges, and those made for 11 |}an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 12 |] other parties) may expose the Challenging Party to sanctions. Unless the Designating 13 ||Party has waived or withdrawn the confidentiality designation, all parties shall 14 |] continue to afford the material in question the level of protection to which it is entitled 15 under the Producing Party’s designation until the Court rules on the challenge. 16 6.4 Judicial Intervention. If the Parties cannot resolve a challenge without 17 ||court intervention, the Challenging Party shall file and serve a motion to challenge 18 confidentiality under Civil Local Rule 37 (and in compliance with Civil Local Rule 19 || 79-5.1, if applicable). In addition, the Designating Party may file a motion for a 20 || protective order preserving the confidential designation at any time if there is good 21 |}cause for doing so. Any motion brought pursuant to this provision must be 22 |}accompanied by a competent declaration affirming that the movant has complied with 23 the meet and confer requirements imposed by Section 6.2 above. 24 25 7. ACCESS TO AND USE OF PROTECTED MATERIAL 26 7.1 Basic Principles. A Receiving Party may use Protected Material that is 27 28

1 disclosed or produced by another Party or by a Non-Party in connection with this 2 |}Action only for prosecuting, defending, or attempting to settle this Action. Such 3 Protected Material may be disclosed only to the categories of persons and under the 4 ||conditions described in this Order. When the Action has been terminated, a Receiving 5 || Party must comply with the provisions of Section 13 below (FINAL DISPOSITION). 6 Protected Material must be stored and maintained by a Receiving Party at a 7 ||}location and in a secure manner that ensures that access is limited to the persons 8 || authorized under this Order. 9 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 10 |] otherwise ordered by the Court or permitted in writing by the Designating Party, a 11 || Receiving Party may disclose any information or item designated “CONFIDENTIAL” 12 |] only to: 13 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 14 |]}as employees of said Outside Counsel of Record to whom it is reasonably necessary to 15 || disclose the information for this Action; 16 (b) the officers, directors, and employees (including House Counsel) of the 17 || Receiving Party to whom disclosure is reasonably necessary for this Action; 18 (c) Experts (as defined in this Order) of the Receiving Party to whom 19 ||disclosure is reasonably necessary for this Action and who have signed the 20 ||““Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (d) the Court and its personnel; 22 (e) court reporters and their staff; 23 (f) professional jury or trial consultants, mock jurors, and Professional 24 || Vendors to whom disclosure is reasonably necessary for this Action and who have 25 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 27 28

l (g) the author or recipient of a document containing the information or a 2 |}custodian or other person who otherwise possessed or knew the information, or the 3 original source of the information; 4 (h) during their depositions, witnesses, and attorneys for witnesses, in the 5 || Action to whom disclosure is reasonably necessary provided that the witness signs the 6 ||““Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 7 ||by the Designating Party or ordered by the Court. Pages of transcribed deposition 8 || testimony or exhibits to depositions that reveal Protected Material may be separately 9 ||bound by the court reporter and may not be disclosed to anyone except as permitted 10 |}under this Stipulated Protective Order. Said individuals will not be permitted to keep 11 |}any Confidential information unless otherwise agreed in writing by the Designating 12 || Party or ordered by the Court; and 13 (1) any mediator or settlement officer, and their supporting personnel, 14 || mutually agreed upon by any of the parties engaged in settlement discussions. 15 7.3. Disclosure of “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES 16 || ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in 17 || writing by the Designating Party, a Receiving Party may disclose any information or 18 item designated “HIGHLY CONFIDENTIAL—ATTORNEYS EYES’ ONLY” only 19 |} to: 20 (a) The Receiving Party’s Outside Counsel of record in this Action, as well 21 } }as employees of said Outside Counsel of Record to whom it is reasonably necessary to 22 || disclose the information for this litigation; 23 (b) Experts (as defined in this Order) of the Receiving Party to whom 24 ||disclosure is reasonably necessary for this Action and who have signed the 25 ||‘“Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (c) The Court and its personnel; 27 (d) Court reporters and their staff; 28

l (e) Professional jury or trial consultants, mock jurors, and Professional 2 || Vendors to whom disclosure is reasonably necessary for this Action and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (f) The author or recipient of a document containing the information or a 5 ||custodian or other person who otherwise possessed or knew the information; 6 (g) Any mediator or settlement officer, and their supporting personnel, 7 ||mutually agreed upon by any of the parties engaged in settlement discussions. 8 7.4 Use of Designated Materials by Designating Party. Nothing in this 9 || Stipulated Protective Order shall limit a Designating Party’s use of its own information 10 |}or materials, or prevent a Designating Party from disclosing its own information or 11 ||materials to any person. Such disclosure shall not affect any designations made 12 pursuant to the terms of this Stipulated Protective Order, so long as the disclosure is 13 made in a manner that is reasonably calculated to maintain the confidentiality of the 14 information. 15 16 |/8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 17 |} OTHER LITIGATION 18 If a Party is served with a subpoena or a court order issued in other litigation that 19 |}compels disclosure of any information or items designated in this Action as 20 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES 21 |} ONLY,” that Party must: 22 (a) promptly notify in writing the Designating Party, and in no event more 23 || than three (3) court days after receiving the subpoena or order. Such notification shall 24 include a copy of the subpoena or court order; 25 (b) promptly notify in writing the party who caused the subpoena or order 26 || to issue in the other litigation that some or all of the material covered by the subpoena 27 28

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

1 || Non-Party that some or all of the information requested is subject to a confidentiality 2 ||agreement with a Non-Party; 3 (2) promptly provide the Non-Party with a copy of the 4 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 5 ||reasonably specific description of the information requested; and 6 (3) make the information requested available for inspection by 7 ||the Non-Party, if requested. 8 (c) Ifthe Non-Party fails to seek a protective order from this Court 9 ||} within 14 days of receiving the notice and accompanying information, the Receiving 10 ||Party may produce the Non-Party’s confidential information responsive to the 11 || discovery request. If the Non-Party timely seeks a protective order, the Receiving Party 12 ||shall 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 |J}unless otherwise required by the law or court order. Absent a court order to the 15 || contrary, the Non-Party shall bear the burden and expense of seeking protection in this 16 || Court of its Protected Material. 17 ig |}10.. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 20 || Protected Material to any person or in any circumstance not authorized under this 21 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 22 || the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 23 all unauthorized copies of the Protected Material, (c) inform the person or persons to 24 whom unauthorized disclosures were made of all the terms of this Order, and (d) 25 request such person or persons to execute the “Acknowledgment and Agreement to Be 26 || Bound” that is attached hereto as Exhibit A. 27 28

1 |{ll. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 |}inadvertently produced material is subject to a claim of privilege or other protection, 5 ||the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 6 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 7 ||may be established in an e-discovery order that provides for production without prior 8 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 9 ||parties reach an agreement on the effect of disclosure of a communication or 10 |]information covered by the attorney-client privilege or work product protection, the 11 || parties may incorporate their agreement in the stipulated protective order submitted to 12 || the court. 13 14 } }12. MISCELLANEOUS 15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 16 || person to seek its modification by the Court in the future. 17 12.2 Right to Assert Other Objections. By stipulating to the entry of this 18 Protective Order, no Party waives any right it otherwise would have to object to 19 || disclosing or producing any information or item on any ground not addressed in this 20 || Stipulated Protective Order. Similarly, no Party waives any right to object on any 21 || ground to use in evidence of any of the material covered by this Protective Order. 22 12.3 Filing Protected Material. A Party that seeks to file under seal any 23 || Protected Material must comply with Civil Local Rule 79-5, and any pertinent Orders 24 of the District Judge and Magistrate Judge. Protected Material may only be filed under 25 seal pursuant to a court order authorizing the sealing of the specific Protected Material 26 || at issue. If a Party’s request to file Protected Material under seal is denied by the Court, 27 then the Receiving Party may file the information in the public record unless otherwise 28

1 |]instructed by the Court. If a filing party fails to seek to file under seal items which a 2 ||}party in good faith believes to have been designated as or to constitute 3 ||““CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES 4 |}ONLY” material, such party may move the Court to file said information under seal 5 within seven (7) days of service of the original filing. Such a motion must be 6 ||supported by a declaration establishing that all or part of the information at issue 7 |\is sealable, by showing good cause or demonstrating compelling reasons why the 8 ||strong presumption of public access in civil cases should be overcome. See 9 || Kamakana yv. City and County of Honolulu,

(9th Cir. 2006). 10 || Notice of such designation shall be given to all parties. Nothing in this provision 11 ||relieves a party of liability for damages caused by failure to properly seek the filing of 12 || Designated Material under seal in accordance with Local Rule 79-5.2.2. Filing the 13 || document under seal shall not bar any party from unrestricted use or dissemination of 14 ||those portions of the document that do not contain material designated 15 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES 16 |} ONLY.” 17 12.4 Admissibility. Unless the parties stipulate otherwise, evidence of the 18 || existence or nonexistence of a designation under this Stipulated Protective Order shall 19 ||not be admissible for any purpose during any proceeding on the merits of this Action. 20 12.5 No Waiver. By stipulating to the entry of this Stipulated Protective Order 21 ||no Party waives any right it otherwise would have to object to disclosing or producing 22 |jany information or item on any ground not addressed in this Stipulated Protective 23 } }Order. Similarly, no Party waives any right to object on any ground to use in evidence 24 |lany of the material covered by this Stipulated Protective Order. Moreover, this 25 || Stipulated Protective Order shall not preclude or limit any Party’s right to seek further 26 and additional protection against or limitation upon production of documents produced 27 ||}in response to discovery. The Parties reserve their rights to object to, redact or withhold 28

1 |}any information, including confidential, proprietary, or private information, on any 2 |}other applicable grounds permitted by law, including third-party rights and relevancy. 3 41113. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 4, and unless 6 |}otherwise ordered by the Court or agreed in writing by the Producing Party, within 7 sixty (60) days of a written request by the Designating Party, each Receiving Party 8 ||must return all Protected Material to the Producing Party or destroy such material. As 9 |}used in this subdivision, “all Protected Material” includes all copies, abstracts, 10 || compilations, summaries, and any other format reproducing or capturing any of the 11 |] Protected Material. Whether the Protected Material is returned or destroyed, the 12 || Receiving Party must submit a written certification to the Producing Party (and, if not 13 ||the same person or entity, to the Designating Party) by the 60-day deadline that (1) 14 |]identifies (by category, where appropriate) all the Protected Material that was returned 15 ||}or destroyed and (2) affirms that the Receiving Party has not retained any copies, 16 ||abstracts, compilations, summaries or any other format reproducing or capturing any 17 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain ig |}an archival copy of all pleadings, motion papers, trial, deposition, and hearing 19 ||transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 20 ||reports, attorney work product, and consultant and expert work product, even if such 21 ||materials contain Protected Material. Any such archival copies that contain or 22 ||constitute Protected Material remain subject to this Protective Order as set forth in 23 Section 4 (DURATION). 24 |I\\ 25 \\ 26 || \\ 27 II\\ 28

1 VIOLATION 2 Any violation of this Order may be punished by any and all appropriate measures 3 |}including, without limitation, contempt proceedings and/or monetary sanctions. 4 5 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 6 7 DATED: August 2, 2019 Faun hk: Bass 9 REN L. STEVENSON 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

l EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [printor type full name], of [print 4 ||or type full address], declare under penalty of perjury that I have read in its entirety 5 |}and understand the Stipulated Protective Order that was issued by the United States 6 || District Court for the Central District of California on [date] in the case of Universal 7 Dyeing & Printing, Inc. v. Walgreen Co. et al., Case No: 2:18-cv-09524-SVW-KS. I 8 ||agree to comply with and to be bound by all the terms of this Stipulated Protective 9 || Order and I understand and acknowledge that failure to so comply could expose me to 10 || sanctions and punishment in the nature of contempt. I solemnly promise that I will not 11 disclose in any manner any information or item that is subject to this Stipulated 12 || Protective Order to any person or entity except in strict compliance with the provisions 13 || of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 □□□ the Central District of California for the purpose of enforcing the terms of this 16 || Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint [print or type 18 || full name] of [print or type full address and telephone number] as 19 ||my California agent for service of process in connection with this action or any 20 || proceedings related to enforcement of this Stipulated Protective Order. 21 || Date: 22 || City and State where sworn and signed: 23 24 || Printed name: 25 26 || Signature: 27 28