1 BRANDON M. TESSER (SBN 168476) [email protected] 2 BETHANY R. BURRILL (SBN 294088) [email protected] 3 TESSER | GROSSMAN LLP 11990 San Vicente Blvd., Suite 300 4 Los Angeles, CA 90049 Tel: (310) 207-4558 5 Fax: (424) 256-2689 6 Attorneys for Plaintiffs MARK MELDRUM PhD and 2533695 ONTARIO LTD. 7 8 KEVIN A. DAY(SBN 222560) JACOB M. CLARK (SBN 266630) 9 ALVARADOSMITH 1 MacArthur Place, Suite 200 10 Santa Ana, CA 92707 Tel: (714) 852-6800 11 Fax: (714) 852-6899 12 Attorneys for Defendant BILL CAMPBELL III 13 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 17 MARK MELDRUM PhD; 2533695 ) Case No. 8:19-CV-01541-JVS-KES 18 ONTARIO LTD. Canada business ) corporation, d/b/a markmeldrum.com ) [U.S.D.J. James V. Selna, Dept 10C] 19 ) ) 20 Plaintiffs, ) ) CONFIDENTIALITY 21 vs. ) STIPULATION ) AND PROPOSED STIPULATED 22 ) PROTECTIVE ORDER BILL CAMPBELL III ) 23 ) Protective Order Lodged Herewith Defendant. ) 24 ) ) 25 ) ) 26 27 /// 28 /// 1 1. GENERAL PROVISIONS 2 A. PURPOSES AND LIMITATIONS 3 Discovery in this action is likely to involve production of confidential, 4 proprietary or private information for which special protection from public disclosure 5 and from use for any purpose other than prosecuting this litigation may be warranted. 6 Accordingly, the parties hereby stipulate to and petition the Court to enter the 7 following Stipulated Protective Order. The parties acknowledge that this Order does 8 not confer blanket protections on all disclosures or responses to discovery and that the 9 protection it affords from public disclosure and use extends only to the limited 10 information or items that are entitled to confidential treatment under the applicable 11 legal principles. 12 B. GOOD CAUSE STATEMENT 13 This action is likely to involve trade secrets, and other valuable research, 14 development, financial, technical and/or proprietary information for which special 15 protection from public disclosure and from use for any purpose other than prosecution 16 of this action is warranted. Such confidential and proprietary materials and 17 information consist of, among other things, work product and business proprietary 18 information and material not available to the public, confidential business information 19 subject to trade secret protection, confidential business or financial information, 20 information regarding confidential business practices, or other confidential 21 research, development, or commercial information, information otherwise 22 generally unavailable to the public, or which may be privileged or otherwise 23 protected from disclosure under state or federal statutes, court rules, case decisions, 24 or common law. Accordingly, to expedite the flow of information, to facilitate the 25 prompt resolution of disputes over confidentiality of discovery materials, to 26 adequately protect information the parties are entitled to keep confidential, to ensure 27 that the parties are permitted reasonable necessary uses of such material in preparation 28 for and in the conduct of trial, to address their handling at the end of the litigation, and 1 serve the ends of justice, a protective order for such information is justified in this 2 matter. It is the intent of the parties that information will not be designated as 3 confidential for tactical reasons and that nothing be so designated without a good faith 4 belief that it has been maintained in a confidential, non-public manner, and there is 5 good cause why it should not be part of the public record of this case. 6 Heightened confidentiality provisions for certain sensitive competitive 7 information is further justified here because the parties are direct competitors with 8 each other in the same market, and any competitive information of one party disclosed 9 to the other party would provide an unfair competitive advantage. 10 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 11 SEAL 12 The parties further acknowledge, as set forth in Section 12.3, below, that this 13 Stipulated Protective Order does not entitle them to file confidential information under 14 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 15 standards that will be applied when a party seeks permission from the court to file 16 material under seal. 17 There is a strong presumption that the public has a right of access to judicial 18 proceedings and records in civil cases. In connection with non-dispositive motions, 19 good cause must be shown to support a filing under seal. Kamakana v. City and 20 County of Honolulu,

(9th Cir. 2006); Phillips v. Gen. Motors 21 Corp.,

, 1210-1211 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, 22 Inc.,

(E.D. Wis. 1999) (even stipulated protective orders require 23 good cause showing), and a specific showing of good cause or compelling reasons 24 with proper evidentiary support and legal justification, must be made with respect to 25 Protected Material that a party seeks to file under seal. The parties' mere designation 26 of Disclosure or Discovery Material as Protected Material does not-without the 27 submission of competent evidence by declaration, establishing that the material 28 /// 1 sought to be filed under seal qualifies as confidential, privileged, or otherwise 2 protectable-constitute good cause. 3 Further, if a party requests sealing related to a dispositive motion or trial, 4 then compelling reasons, not only good cause, for the sealing must be shown, and the 5 relief sought shall be narrowly tailored to serve the specific interest to be protected. 6 Pintos v. Pacific Creditors Ass'n.,

(9th Cir. 2010). For each 7 item or type of information, document, or thing sought to be filedor introduced under 8 seal in connection with a dispositive motion or trial, the party seeking protection must 9 articulate compelling reasons, supported by specific facts and legal justification, for 10 the requested sealing order. Again, competent evidence supporting the application to 11 file documents under seal must be provided by declaration. 12 Any document that is not confidential, privileged, or otherwise protectable 13 in its entirety will not be filed under seal if the confidential portions can be redacted. 14 If documents can be redacted, then a redacted version for public viewing, omitting 15 only the confidential, privileged, or otherwise protectable portions of the document, 16 shall be filed. Any application that seeks to file documents under seal in their entirety 17 should include an explanation of why redaction is not feasible. 18 2. DEFINITIONS 19 2.1 Action:Mark Meldrum, et al.v. Bill Campbell III, U.S. District Court for 20 the Central District of California Case No. 8:19-cv-01541-JVS-KES. 21 2.2 Challenging Party: a Party or Non-Party that challenges the designation 22 of information or items under this Order. 23 2.3 "CONFIDENTIAL" Information or Items: information (regardless of 24 how it is generated, stored or maintained) or tangible things that qualify for protection 25 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 26 Cause Statement. 27 2.4 Confidentiality Legend: a clear, legible, and unequivocal indication 28 written or otherwise placed on any Disclosure or Discovery Material designated as 1 Confidential Material and reading "CONFIDENTIAL" or "HIGHLY 2 CONFIDENTIAL-ATTORNEYS' EYES ONLY" as appropriate for the applicable 3 confidentiality designation. 4 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 5 their support staff). 6 2.6 Designating Party: a Party or Non-Party that designates information or 7 items that it produces in disclosures or in responses to discovery as 8 "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL- ATTORNEYS' EYES 9 ONLY." 10 2.7 Disclosure or Discovery Material: all items or information, regardless 11 of the medium or manner in which it is generated, stored, or maintained (including, 12 among other things, testimony, transcripts, and tangible things), that are produced 13 or generated in disclosures or responses to discovery in this matter. 14 2.8 Expert: a person with specialized knowledge or experience in a matter 15 pertinent to the litigation who has been retained by a Party or its counsel to serve as 16 an expert witness or as a consultant in this Action. 17 2.9 "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY" Information 18 or Items: information (regardless of how it is generated, stored or maintained) or 19 tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), 20 and require heightened protection for sensitive competitive information as specified 21 above in the Good Cause Statement. 22 2.10 House Counsel: attorneys who are employees of a party to this Action. 23 House Counsel does not include Outside Counsel of Record or any other outside 24 counsel. 25 2.11 Non-Party: any natural person, partnership, corporation, association or 26 other legal entity not named as a Party to this action. 27 2.12 Outside Counsel of Record: attorneys who are not employees of a party 28 to this Action but are retained to represent or advise a party to this Action and have 1 appeared in this Action on behalf of that party or are affiliated with a law firm that 2 has appeared on behalf of that party, and includes support staff. 3 2.13 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 2.14 Producing Party: a Party or Non-Party that produces Disclosure or 7 Discovery Material in this Action. 8 2.15 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 and their employees and subcontractors. 12 2.16 Protected Material: any Disclosure or Discovery Material that is 13 designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL- 14 ATTORNEYS' EYES ONLY." 15 2.17 Receiving Party: a Party that receives Disclosure or Discovery Material 16 from a Producing Party. 17 3. 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 extracted 20 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 21 Protected Material; and (3) any testimony, conversations, or presentations by Parties 22 or their Counsel that might reveal Protected Material. Any use of Protected Material 23 at trial shall be governed by the orders of the trial judge. This Order does not govern 24 the use of Protected Material at trial. 25 4. DURATION 26 Once a case proceeds to trial, information that was designated as Protected 27 Material or maintained pursuant to this protective order used or introduced as an 28 exhibit at trial becomes public and will be presumptively available to all members of 1 the public, including the press, unless compelling reasons supported by specific 2 factual findings to proceed otherwise are made to the trial judge in advance of the 3 trial. Kamakana,

(distinguishing "good cause" showing for 4 sealing documents produced in discovery from "compelling reasons" standard 5 when merits-related documents are part of court record). Accordingly, the terms of 6 this protective order do not extend beyond the commencement of the trial. 7 5. DESIGNATING PROTECTED MATERIAL 8 5.1 Exercise of Restraint and Care in Designating Material for Protection. 9 Each Party or Non-Party that designates information or items for protection 10 under this Order must take care to limit any such designation to specific material that 11 qualifies under the appropriate standards. The Designating Party must designate for 12 protection only those parts of material, documents, items or oral or written 13 communications that qualify so that other portions of the material, documents, items 14 or communications for which protection is not warranted are not swept unjustifiably 15 within the ambit of this Order. 16 Mass, indiscriminate or routinized designations are prohibited. Designations 17 that are shown to be clearly unjustified or that have been made for an improper 18 purpose (e.g., to unnecessarily encumber the case development process or to impose 19 unnecessary expenses and burdens on other parties) may expose the Designating Party 20 to sanctions. 21 If it comes to a Designating Party's attention that information or items that it 22 designated for protection do not qualify for protection, that Designating Party must 23 promptly notify all other Parties that it is withdrawing the inapplicable designation. 24 5.2 Manner and Timing of Designations. Except as otherwise provided in 25 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 26 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 27 under this Order must be clearly so designated with a Confidentiality Legend before 28 the material is disclosed or produced. 1 Designation in conformity with this Order requires: 2 (a) for information in documentary form (e.g., paper or electronic 3 documents, but excluding transcripts of depositions or other pretrial or 4 trial proceedings), that the Producing Party affix at a minimum, 5 applicable Confidentiality Legend to each page that contains protected 6 material. If only a portion of the material on a page qualifies for 7 protection, the Producing Party also must clearly identify the protected 8 portion(s) (e.g., by making appropriate markings in the margins). 9 A Party or Non-Party that makes original documents available for 10 inspection need not designate them for protection until after the 11 inspecting Party has indicated which documents it would like copied and 12 produced. During the inspection and before the designation, all of the 13 material made available for inspection shall be deemed designated 14 "CONFIDENTIAL." After the inspecting Party has identified the 15 documents it wants copied and produced, the Producing Party must 16 determine which documents, or portions thereof, qualify for protection 17 under this Order. Then, before producing the specified documents, the 18 Producing Party must affix the applicable Confidentiality Legend to each 19 page that contains Protected Material. If only a portion of the material 20 on a page qualifies for protection, the Producing Party also must clearly 21 identify the protected portion(s) (e.g., by making appropriate markings 22 in the margins). 23 (b) for testimony given in depositions that the Designating Party identify 24 the Disclosure or Discovery Material and designate the same as 25 Confidential Material on the record, before the close of the deposition. 26 (c) for information produced in some form other than documentary and 27 for any other tangible items, that the Producing Party affix in a 28 prominent place on the exterior of the container or containers in which 1 the information is stored the applicable Confidentiality Legend. If only 2 a portion or portions of the information warrants protection, the 3 Producing Party, to the extent practicable, shall identify the protected 4 portion(s). 5 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 6 failure to designate qualified information or items does not, standing alone, waive the 7 Designating Party's right to secure protection under this Order for such material. Upon 8 timely correction of a designation, the Receiving Party must make reasonable efforts 9 to assure that the material is treated in accordance with the provisions of this 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 Scheduling 13 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 Joint Stipulation. Any challenge submitted to the Court shall be via a 17 joint stipulation pursuant to Local Rule 37-2. 18 6.4 The burden of persuasion in any such challenge proceeding shall be on 19 the Designating Party. Frivolous challenges, and those made for an improper 20 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) 21 may expose the Challenging Party to sanctions. Unless the Designating Party has 22 waived or withdrawn the confidentiality designation, all parties shall continue to 23 afford the material in question the level of protection to which it is entitled under the 24 Producing Party's designation until the Court rules on the challenge. 25 7. ACCESS TO AND USE OF PROTECTED MATERIAL 26 7.1 Basic Principles. A Receiving Party may use Protected Material that is 27 disclosed or produced by another Party or by a Non-Party in connection with this 28 Action only for prosecuting, defending or attempting to settle this Action. Such 1 Protected Material may be disclosed only to the categories of persons and under the 2 conditions described in this Order. When the Action has been terminated, a 3 Receiving Party must comply with the provisions of section 13 below (FINAL 4 DISPOSITION). 5 Protected Material must be stored and maintained by a Receiving Party at a 6 location and in a secure manner that ensures that access is limited to the persons 7 authorized under this Order. 8 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless 9 otherwise ordered by the court or permitted in writing by the Designating Party, a 10 Receiving Party may disclose any information or item designated 11 "CONFIDENTIAL" only to: 12 (a) the Receiving Party's Outside Counsel of Record in this Action, as well 13 as employees of said Outside Counsel of Record to whom it is 14 reasonably necessary to disclose the information for this Action; 15 (b) the officers, directors, and employees (including House Counsel) of 16 the Receiving Party to whom disclosure is reasonably necessary for 17 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 20 the "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 25 who have signed the "Acknowledgment and Agreement to Be Bound" 26 (Exhibit A); 27 (g) the author or recipient of a document containing the information or a 28 custodian or other person who otherwise possessed or knew the 1 information; 2 (h) during their depositions, witnesses, and attorneys for witnesses, in the 3 Action to whom disclosure is reasonably necessary provided: (1) the 4 deposing party requests that the witness sign the form attached as Exhibit 5 A hereto; and (2) they will not be permitted to keep any Protected 6 Material, unless otherwise agreed by the Designating Party or ordered by 7 the court. Pages of transcribed deposition testimony or exhibits to 8 depositions that reveal Protected Material may be separately bound by 9 the court reporter and may not be disclosed to anyone except as 10 permitted under this Stipulated Protective Order; and 11 (i) any mediator or settlement officer, and their supporting personnel, 12 mutually agreed upon by any of the parties engaged in settlement 13 discussions. 14 7.3 Disclosure of "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES 15 ONLY" Information or Items. Unless otherwise ordered by the court or permitted in 16 writing by the Designating Party, a Receiving Party may disclose any information or 17 item designated "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY" only to: 18 (a) the Receiving Party's Outside Counsel of Record in this Action, as 19 well as employees of said Outside Counsel of Record to whom it is 20 reasonably necessary to disclose the information for this Action; 21 (b) Experts (as defined in this Order) of the Receiving Party to whom 22 disclosure is reasonably necessary for this Action and who have signed 23 the "Acknowledgment and Agreement to Be Bound" (Exhibit A); 24 (c) the court and its personnel; 25 (d) court reporters and their staff; 26 (e) professional jury or trial consultants, mock jurors, and Professional 27 Vendors to whom disclosure is reasonably necessary for this Action 28 and who have signed the "Acknowledgment and Agreement to Be 1 Bound" (Exhibit A); 2 (f) the author or recipient of a document containing the information or a 3 custodian or other person who otherwise possessed or knew the 4 information; 5 (g) during their depositions, witnesses, and attorneys for witnesses, in the 6 Action to whom disclosure is reasonably necessary provided: (1) the 7 deposing party requests that the witness sign the form attached as Exhibit 8 A hereto; and (2) they will not be permitted to keep any Protected 9 Material, unless otherwise agreed by the Designating Party or ordered by 10 the court. Pages of transcribed deposition testimony or exhibits to 11 depositions that reveal Protected Material may be separately bound 12 by the court reporter and may not be disclosed to anyone except as 13 permitted under this Stipulated Protective Order; and 14 (h) any mediator or settlement officer, and their supporting personnel, 15 mutually agreed upon by any of the parties engaged in settlement 16 discussions. 17 8. PROTECTED MATERIAL SUBPOENAED OR ORDEREDPRODUCED 18 IN OTHER LITIGATION 19 If a Party is served with a subpoena or a court order issued in other litigation 20 that compels disclosure of any Protected Material, that Party must: 21 (a) promptly notify in writing the Designating Party. Such notification 22 shall include a copy of the subpoena or court order; 23 (b) promptly notify in writing the party who caused the subpoena or order 24 to issue in the other litigation that some or all of the material covered 25 by the subpoena or order is subject to this Protective Order. Such 26 notification shall include a copy of this Protective Order; and 27 (c) cooperate with respect to all reasonable procedures sought to be 28 pursued by the Designating Party whose Protected Material may be 1 affected. If the Designating Party timely seeks a protective order, the 2 Party served with the subpoena or court order shall not produce any 3 Protected Material before a determination by the court from which the 4 subpoena or order issued, unless the Party has obtained the 5 Designating Party's permission. The Designating Party shall bear the 6 burden and expense of seeking protection in that court of its confidential 7 material and nothing in these provisions should be construed as 8 authorizing or encouraging a Receiving Party in this Action to disobey 9 a lawful directive from another court. 10 9. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE 11 PRODUCED IN THIS LITIGATION 12 9.1 The terms of this Order are applicable to information produced by a 13 Non-Party in this Action and designated with a Confidentiality Legend or similar 14 indication of confidentiality. Such information produced by Non-Parties in 15 connection with this litigation is protected by the remedies and relief provided by this 16 Order. Nothing in these provisions should be construed as prohibiting a Non- Party 17 from seeking additional protections. 18 9.2 In the event that a Party is required, by a valid discovery request, to 19 produce a Non-Party's confidential information in its possession, and the Party is 20 subject to an agreement with the Non-Party not to produce the Non-Party's 21 confidential information, then the Party shall: 22 (a) promptly notify in writing the Requesting Party and the Non-Party that 23 some or all of the information requested is subject to a confidentiality 24 agreement with a Non-Party; 25 (b) promptly provide the Non-Party with a copy of the Stipulated Protective 26 Order in this Action, the relevant discovery request(s), and a reasonably 27 specific description of the information requested; and 28 (c) make the information requested available for inspection by the Non- 1 Party, if requested. 2 9.3 If the Non-Party fails to seek a protective order from this court within 14 3 days of receiving the notice and accompanying information, the Receiving Party 4 may produce the Non-Party's confidential information responsive to the discovery 5 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 6 produce any information in its possession or control that is subject to the 7 confidentiality agreement with the Non-Party before a determination by the court. 8 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 9 of seeking protection in this court of its Protected Material. 10 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 12 Protected Material to any person or in any circumstance not authorized under this 13 Stipulated Protective Order, the Receiving Party must immediately: 14 1) notify in writing the Designating Party of the unauthorized disclosures; 15 2) use its best efforts to retrieve all unauthorized copies of the Protected 16 Material; 17 3) inform the person or persons to whom unauthorized disclosures were 18 made of all the terms of this Order; and 19 4) request such person or persons to execute the "Acknowledgment and 20 Agreement to Be Bound" that is attached hereto as Exhibit A. 21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 22 PROTECTED MATERIAL 23 When a Producing Party gives notice to Receiving Parties that certain 24 inadvertently produced material is subject to a claim of privilege or other protection, 25 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 26 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 27 may be established in an e-discovery order that provides for production without prior 28 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 1 parties reach an agreement on the effect of disclosure of a communication or 2 information covered by the attorney-client privilege or work product protection, the 3 parties may incorporate their agreement in the stipulated protective order submitted 4 to the court. 5 12. MISCELLANEOUS 6 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 7 person to seek its modification by the Court in the future. 8 12.2 Right to Assert Other Objections. By stipulating to the entry of this 9 Protective Order, no Party waives any right it otherwise would have to object to 10 disclosing or producing any information or item on any ground not addressed in this 11 Protective Order. Similarly, no Party waives any right to object on any ground to use 12 in evidence of any of the material covered by this Protective Order. 13 12.3 Filing Protected Material. A Party that seeks to file under seal any 14 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 15 only be filed under seal pursuant to a court order authorizing the sealing of the 16 specific Protected Material at issue. If a Party's request to file Protected Material under 17 seal is denied by the court, then the Receiving Party may file the information in the 18 public record unless otherwise instructed by the court. 19 13. FINAL DISPOSITION 20 After the final disposition of this Action, as defined in paragraph 4, within 60 21 days of a written request by the Designating Party, each Receiving Party must return 22 all Protected Material to the Producing Party or destroy such material. As used in this 23 subdivision, "all Protected Material" includes all copies, abstracts, compilations, 24 summaries, and any other format reproducing or capturing any of the Protected 25 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 26 must submit a written certification to the Producing Party (and, if not the same person 27 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 28 category, where appropriate) all the Protected Material that was returned or destroyed 1 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 2 compilations, summaries or any other format reproducing or capturing any of the 3 Protected Material. Notwithstanding this provision, Outside Counsel are entitled to 4 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 5 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 6 reports, attorney work product, and consultant and expert work product, even if such 7 materials contain Protected Material. Any such archival copies that contain or 8 constitute Protected Material remain subject to this Protective Order as set forth in 9 Section 4 (DURATION). 10 14. VIOLATION 11 Any violation of this Order may be punished by appropriate measures 12 including, without limitation, contempt proceedings and/or monetary sanctions. 13 14 [SIGNATURES ON FOLLOWING PAGE] 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 I attest that all other signatories listed, and whose behalf this stipulation is 2 || submitted, concur with the stipulations content and have authorized the filing of this 3 || stipulation. 5 DATED: November 14, 2019 TESSER | GROSSMAN LLP 6 BETHANY R. BURRILL /s/ Bethany R. Burrill 8 BETHANY R. BURRILL 9 Attorneys for Plaintiffs, MARK MELDRUM PhD and ONTARIO 10 LTD. 11 | DATED: November 14, 2019 ALVARADOSMITH 13 KEVIN A. DAY 14 /s/ Kevin A. Da 15 KEVIN A. DAY 16 Attorney for Defendant, BILL CAMPBELL III 17 18 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19 20 || DATED: _November 15, 2019 _ inl Sot Hon. Karen E. Scott 71 United States Magistrate Judge 22 23 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 __________________________________ [print or type full address], declare under 5 penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the United States District Court for the Central 7 District of California on _______________________ [date] in the case of Mark 8 Meldrum, et al.v. Bill Campbell III, U.S. District Court for the Central District of 9 California Case No. 8:19-cv-01541-JVS-KES. 10 I agree to comply with and to be bound by all the terms of this Stipulated 11 Protective Order and I understand and acknowledge that failure to so comply could 12 expose me to sanctions and punishment in the nature of contempt. I solemnly promise 13 that I will not disclose in any manner any information or item that is subject to this 14 Stipulated Protective Order to any person or entity except in strict compliance with 15 the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court 17 for the Central District of California for enforcing the terms of this Stipulated 18 Protective Order, even if such enforcement proceedings occur after termination of 19 this action. 20 I hereby appoint __________________________ [print or type full name] of 21 _______________________________________ [print or type full address and 22 telephone number] as my California agent for service of process in connection with 23 this action or any proceedings related to enforcement of this Stipulated Protective 24 Order. 25 Date: ______________________________________ 26 City and State where sworn and signed: _____________________________ 27 Printed name: _______________________________ 28