1661 Inc. v. Clear Sky Assets, Inc.

1 | Michael D. Adams (State Bar No. 185835) madams @rutan.com Meredith L. Williams (State Bar No. 292888) mwilliams @rutan.com | Sarah Gilmartin (State Bar No. 324665) seilmartin @rutan com 4|RUTAN & TUCKER, LLP Anton Boulevard, Suite 1400 | Costa Mesa, California 92626-1931 Telephone: 714-641-5100 6|Facsimile: 714-546-9035 | Attorneys for Plaintiff 1661 INC. D/B/A GOAT 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA | 1661 INC. D/B/A/ GOAT, Case No. 2:20-cv-01144-CJC-RAO 13 Plaintiff, Assigned to: Judge Cormac J. Camey Referred to: Magistrate Judge Rozelle A 14 Vs. Oliver | CLEAR SKY ASSETS INC., STIPULATED PROTECTIVE ORDER 16 Defendant.

18 Plaintiff and Counterdefendant 1661 Inc. dba GOAT (“Plaintiff’ or “GOAT’’) | and Defendant and Counterclaimant Clear Sky Assets, Inc. (““Defendant” or “Clear | Sky’”’) (collectively with GOAT, the “Parties’’), hereby jointly stipulate and request | that this court enter the following Stipulated Protective Order (“Order”) governing | the production and use of confidential information: 24 A. PURPOSES AND LIMITATIONS 25 Discovery in this action is likely to involve production of confidential, | proprietary or private information for which special protection from public | disclosure and from use for any purpose other than prosecuting this litigation may | be warranted. Accordingly, the parties hereby stipulate to and petition the Court to n & Tucker, LLP ] | enter the following Stipulated Protective Order. The parties acknowledge that this | Order does not confer blanket protections on all disclosures or responses to | discovery and that the protection it affords from public disclosure and use extends | only to the limited information or items that are entitled to confidential treatment | under the applicable legal principles.

6 B. GOOD CAUSE STATEMENT 7 This action is likely to involve customer and pricing lists and other valuable | research, development, commercial, financial, and/or proprietary information for | which special protection from public disclosure and from use for any purpose other | than prosecution of this action is warranted. Such confidential and proprietary | materials and information consist of, among other things, confidential business or | financial information, information regarding confidential business practices, | information regarding purchase and sale prices of materials by suppliers, | manufacturers, importers or distributors, information regarding business practices, | information regarding the creation, purchase or sale of consumer products, or other | confidential research, development, or commercial information (including | information implicating privacy rights of third parties), information otherwise | generally unavailable to the public, or which may be privileged or otherwise | protected from disclosure under state or federal statutes, court rules, case decisions, | or common law. Accordingly, to expedite the flow of information, to facilitate the | prompt resolution of disputes over confidentiality of discovery materials, to | adequately protect information the parties are entitled to keep confidential, to ensure | that the parties are permitted reasonable necessary uses of such material in | preparation for and in the conduct of trial, to address their handling at the end of the | litigation, and serve the ends of justice, a protective order for such information is | justified in this matter. It is the intent of the parties that information will not be | designated as confidential for tactical reasons and that nothing be so designated | without a good faith belief that it has been maintained in a confidential, non-public n & Tucker, LLP | manner, and there is good cause why it should not be part of the public record of this || case.

3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 4 SEAL 5 The parties further acknowledge, as set forth in Section 12.3, below, that this | Stipulated Protective Order does not entitle them to file confidential information | under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed | and the standards that will be applied when a party seeks permission from the court | to file material under seal.

10 There is a strong presumption that the public has a right of access to judicial | proceedings and records in civil cases. In connection with non-dispositive motions, | good cause must be shown to support a filing under seal. See Kamakana v. City and | County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors | Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, | Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders | require good cause showing), and a specific showing of good cause or compelling | reasons with proper evidentiary support and legal justification, must be made with | respect to Protected Material that a party seeks to file under seal. The parties’ mere | designation of Disclosure or Discovery Material as “CONFIDENTIAL” or | “ATTORNEYS’ EYES ONLY” does not— without the submission of competent | evidence by declaration, establishing that the material sought to be filed under seal | qualifies as confidential, privileged, or otherwise protectable—constitute good || cause.

24 Further, if a party requests sealing related to a dispositive motion or trial, then | compelling reasons, not only good cause, for the sealing must be shown, and the | relief sought shall be narrowly tailored to serve the specific interest to be protected.

27 | See Pintos v. Pacific Creditors Ass ‘n, 605 F.3d 665, 677-79 (9th Cir. 2010). For | each item or type of information, document, or thing sought to be filed or introduced n & Tucker, LLP ] | under seal in connection with a dispositive motion or trial, the party seeking | protection must articulate compelling reasons, supported by specific facts and legal | justification, for the requested sealing order. Again, competent evidence supporting | the application to file documents under seal must be provided by declaration.

5 Any document that is not confidential, privileged, or otherwise protectable in | its entirety will not be filed under seal if the confidential portions can be redacted.

7 If documents can be redacted, then a redacted version for public viewing, | omitting only the confidential, privileged, or otherwise protectable portions of the | document, shall be filed. Any application that seeks to file documents under seal in | their entirety should include an explanation of why redaction is not feasible.

DEFINITIONS 13 2.1 Action: this pending federal lawsuit.

14 2.2 Challenging Party: a Party or Non-Party that challenges the | designation of information or items under this Order.

16 2.3. “CONFIDENTIAL” Information or Items: information (regardless of | how it is generated, stored or maintained) or tangible things that qualify for | protection under Federal Rule of Civil Procedure 26(c), and as specified above in | the Good Cause Statement.

20 24 “ATTORNEYS’ EYES ONLY” Information or Items: information | (regardless of how it is generated, stored or maintained) or tangible things that | qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified | above in the Good Cause Statement that, due to the inherent competitive advantage | maintained by one or both parties is only viewable by counsel for the parties and | other persons specified below.

26 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as | their support staff).

28 2.6 Designating Party: a Party or Non-Party that designates information or n & Tucker, LLP ] | items that it produces in disclosures or in responses to discovery as | “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”

3 2.7 Disclosure or Discovery Material: all items or information, regardless | of the medium or manner in which it is generated, stored, or maintained (including, | among other things, testimony, transcripts, and tangible things), that are produced or | generated in disclosures or responses to discovery in this matter.

7 2.8 Expert: a person with specialized knowledge or experience in a matter | pertinent to the litigation who has been retained by a Party or its counsel to serve as | an expert witness or as a consultant in this Action.

10 2.9 House Counsel: attorneys who are employed as in-house counsel of a | party to this Action. House Counsel does not include Outside Counsel of Record or | any other outside counsel.

13 2.10 Non-Party: any natural person, partnership, corporation, association or | other legal entity not named as a Party to this action.

15 2.11 Outside Counsel of Record: attorneys who are not employees of a | party to this Action but are retained to represent or advise a party to this Action and | have appeared in this Action on behalf of that party or are affiliated with a law firm | that has appeared on behalf of that party, and includes support staff.

19 2.12 Party: any party to this Action, including all of its officers, directors, | employees, consultants, retained experts, and Outside Counsel of Record (and their | support staffs).

22 2.13 Producing Party: a Party or Non-Party that produces Disclosure or | Discovery Material in this Action.

24 2.14 Professional Vendors: persons or entities that provide litigation | support services (e.g., photocopying, videotaping, translating, preparing exhibits or | demonstrations, and organizing, storing, or retrieving data in any form or medium) | and their employees and subcontractors.

28 2.15 Protected Material: any Disclosure or Discovery Material that is n & Tucker, LLP ] | designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”

2 2.16 Receiving Party: a Party that receives Disclosure or Discovery | Material from a Producing Party.

5 3. SCOPE 6 The protections conferred by this Stipulation and Order cover not only | Protected Material (as defined above), but also (1) any information copied or | extracted from Protected Material; (2) all copies, excerpts, summaries, or | compilations of Protected Material; and (3) any testimony, conversations, or | presentations by Parties or their Counsel that might reveal Protected Material.

11 Any use of Protected Material at trial shall be governed by the orders of the | trial judge. This Order does not govern the use of Protected Material at trial.

4. DURATION 15 Once a case proceeds to trial, information that was designated as | CONFIDENTIAL, ATTORNEYS’ EYES ONLY, or maintained pursuant to this | protective order used or introduced as an exhibit at trial becomes public and will be | presumptively available to all members of the public, including the press, unless | compelling reasons supported by specific factual findings to proceed otherwise are | made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 | (distinguishing “good cause” showing for sealing documents produced in discovery | from “compelling reasons” standard when merits-related documents are part of court | record). Accordingly, the terms of this protective order do not extend beyond the | commencement of the trial for materials used or introduced as an exhibit at trial.

25 For all other materials that are designated as CONFIDENTIAL or | ATTORNEYS’ EYES ONLY, but not used or introduced as an exhibit at trial, the | confidentiality obligations imposed by this order shall remain in effect even after | final disposition of this litigation until a Designating Party agrees otherwise in n & Tucker, LLP ] | writing or a court order otherwise directs. Final disposition shall be deemed to be | the later of (1) dismissal of all claims and defenses in this Action, with or without | prejudice; and (2) final judgment herein after the completion and exhaustion of all | appeals, rehearings, remands, trials, or reviews of this Action, including the time | limits for filing any motions or applications for extension of time pursuant to | applicable law. After final disposition of this action, a Designating Party may make | a written request that a Receiving Party destroy all copies of the Designating Party’s | materials designated pursuant to this protective order that have not become part of | the public record through use at trial or other hearing. The Receiving Party will do | so and provide confirmation within sixty (60) days that it has done so.

DESIGNATING PROTECTED MATERIAL 13 5.1 Exercise of Restraint and Care in Designating Material for Protection.

14 | Each Party or Non-Party that designates information or items for protection under | this Order must take care to limit any such designation to specific material that | qualifies under the appropriate standards. The Designating Party must designate for | protection only those parts of material, documents, items or oral or written | communications that qualify so that other portions of the material, documents, items | or communications for which protection is not warranted are not swept unjustifiably | within the ambit of this Order.

21 Mass, indiscriminate or routinized designations are prohibited. Designations | that are shown to be clearly unjustified or that have been made for an improper | purpose (e.g., to unnecessarily encumber the case development process or to impose | unnecessary expenses and burdens on other parties) may expose the Designating | Party to sanctions.

26 If it comes to a Designating Party’s attention that information or items that it | designated for protection do not qualify for protection, that Designating Party must | promptly notify all other Parties that it is withdrawing the inapplicable designation. n & Tucker, LLP ] | Provided, however, that a good faith disagreement regarding qualification for | protection shall not constitute “coming to a Designating Party’s attention” for | purposes of this provision.

4 5.2 Manner and Timing of Designations. Except as otherwise provided in | this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise | stipulated or ordered, Disclosure or Discovery Material that qualifies for protection | under this Order must be clearly so designated before the material is disclosed or | produced.

9 Designation in conformity with this Order requires: 10 (a) for information in documentary form (e.g., paper or electronic | documents, but excluding transcripts of depositions or other pretrial or trial | proceedings), that the Producing Party affix at a minimum, the legend | “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”’) or the legend | “ATTORNEYS EYES ONLY” (hereinafter “ATTORNEYS EYES ONLY legend’), | to each page that contains protected material. If only a portion of the material on a | page qualifies for protection, the Producing Party also must clearly identify the | protected portion(s) (e.g., by making appropriate markings in the margins).

18 A Party or Non-Party that makes original documents available for inspection | need not designate them for protection until after the inspecting Party has indicated | which documents it would like copied and produced. During the inspection and | before the designation, all of the material made available for inspection shall be | deemed “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” After the | inspecting Party has identified the documents it wants copied and produced, the | Producing Party must determine which documents, or portions thereof, qualify for | protection under this Order. Then, before producing the specified documents, the | Producing Party must affix the “CONFIDENTIAL legend” or the “ATTORNEYS’ | EYES ONLY legend” to each page that contains Protected Material. If only a | portion of the material on a page qualifies for protection, the Producing Party also n & Tucker, LLP | must clearly identify the protected portion(s) (e.g., by making appropriate markings | in the margins).

3 (b) for testimony given in depositions, the Designating Party must | identify that the transcript contains Disclosure or Discovery Material on the record.

5 | Further, within ten (10) days of receiving the final transcript of the deposition, the | Designating Party must identify the specific page and line numbers in the deposition | transcript containing Disclosure or Discovery Material.

8 (c) for information produced in some form other than documentary | and for any other tangible items, that the Producing Party affix in a prominent place | on the exterior of the container or containers in which the information is stored the | legend “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” If only a portion or | portions of the information warrants protection, the Producing Party, to the extent | practicable, shall identify the protected portion(s).

14 5.3. Inadvertent Failures to Designate. If notice is given within a | reasonable time of a Designating Party’s discovery of an inadvertent failure to | designate qualified information or items, such inadvertent failure to designate | qualified information or items does not, standing alone, waive the Designating | Party’s right to secure protection under this Order for such material. Upon receiving | such notice of a designation, the Receiving Party must make reasonable efforts to | assure that the material is treated in accordance with the provisions of this Order.

22 | 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a | designation of confidentiality at any time that is consistent with the Court’s | Scheduling Order.

26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute | resolution process under Local Rule 37.1 et seq.

28 6.3. The burden of persuasion in any such challenge proceeding shall be on n & Tucker, LLP ] | the Designating Party. Frivolous challenges, and those made for an improper | purpose (e.g., to harass or impose unnecessary expenses and burdens on other | parties) may expose the Challenging Party to sanctions. Unless the Designating | Party has waived or withdrawn the confidentiality designation, all parties shall | continue to afford the material in question the level of protection to which it is | entitled under the Producing Party’s designation until the Court rules on the | challenge.

9|7. ACCESS TO AND USE OF PROTECTED MATERIAL 10 7.1 Basic Principles. A Receiving Party may use Protected Material that is | disclosed or produced by another Party or by a Non-Party in connection with this | Action only for prosecuting, defending or attempting to settle this Action. Such | Protected Material may be disclosed only to the categories of persons and under the | conditions described in this Order. When the Action has been terminated, a | Receiving Party must comply with the provisions of section 13 below (FINAL | DISPOSITION).

17 Protected Material must be stored and maintained by a Receiving Party at a | location and in a secure manner that ensures that access is limited to the persons | authorized under this Order.

20 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless | otherwise ordered by the court or permitted in writing by the Designating Party, a | Receiving Party may disclose any information or item designated | “CONFIDENTIAL” only to: 24 (a) the Receiving Party’s Outside Counsel of Record in this Action, | as well as employees of said Outside Counsel of Record to whom it is reasonably || necessary to disclose the information for this Action; 27 (b) _ the officers, directors, and employees (including House Counsel) | of the Receiving Party to whom disclosure is reasonably necessary for this Action; n & Tucker, LLP ] (c) Experts (as defined in this Order) of the Receiving Party to | whom disclosure is reasonably necessary for this Action and who have signed the | “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (d) the court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, mock jurors, and | Professional Vendors to whom disclosure is reasonably necessary for this Action | and who have signed the “Acknowledgment and Agreement to Be Bound” | (Exhibit A); 10 (g) the author or recipient of a document containing the information | or a custodian or other person who otherwise possessed or knew the information; 12 (h) during their depositions, witnesses, and attorneys for witnesses, 13 the Action to whom disclosure is reasonably necessary provided: (1) the | deposing party requests that the witness sign the form attached as Exhibit 1 hereto; | and (2) they will not be permitted to keep any confidential information unless they | sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless | otherwise agreed by the Designating Party or ordered by the court. Pages of | transcribed deposition testimony or exhibits to depositions that reveal Protected | Material may be separately bound by the court reporter and may not be disclosed to | anyone except as permitted under this Stipulated Protective Order; and 21 (i) any mediator or settlement officer, and their supporting | personnel, mutually agreed upon by any of the parties engaged in settlement | discussions.

24 7.3 Disclosure of “ATTORNEYS EYES ONLY” Information or Items.

25 | Unless otherwise ordered by the court or permitted in writing by the Designating | Party, a Receiving Party may disclose any information or item designated | “ATTORNEYS EYES ONLY” only to: 28 (a) the Receiving Party’s Outside Counsel of Record in this Action n & Tucker, LLP | and House Counsel to whom disclosure is reasonably necessary for this Action; 2 (b) Experts (as defined in this Order) of the Receiving Party to | whom disclosure is reasonably necessary for this Action and who have signed the | “Acknowledgment and Agreement to Be Bound” (Exhibit A); 5 (c) the court and its personnel; 6 (d) court reporters and their staff; 7 (e) professional jury or trial consultants, mock jurors, and | Professional Vendors to whom disclosure is reasonably necessary for this Action | and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 10] A); 11 (f) the author or recipient of a document containing the information | or a custodian or other person who otherwise possessed or knew the information; 13 (g) any mediator or settlement officer, and their supporting | personnel, mutually agreed upon by any of the parties engaged in settlement | discussions.

17/8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 18 PRODUCED IN OTHER LITIGATION 19 If a Party is served with a subpoena or a court order issued in other litigation | that compels disclosure of any information or items designated in this Action as | “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” that Party must: 22 (a) promptly notify in writing the Designating Party. Such | notification shall include a copy of the subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena or | order to issue in the other litigation that some or all of the material covered by the | subpoena or order is subject to this Protective Order. Such notification shall include | a copy of this Stipulated Protective Order; and 28 (c) | cooperate with respect to all reasonable procedures sought to be n & Tucker, LLP ] | pursued by the Designating Party whose Protected Material may be affected.

2 If the Designating Party timely seeks a protective order, the Party served with | the subpoena or court order shall not produce any information designated in this | action as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a | determination by the court from which the subpoena or order issued, unless the | Party has obtained the Designating Party’s permission. The Designating Party shall | bear the burden and expense of seeking protection in that court of its confidential | material and nothing in these provisions should be construed as authorizing or | encouraging a Receiving Party in this Action to disobey a lawful directive from | another court. ]9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 13 PRODUCED IN THIS LITIGATION 14 (a) The terms of this Order are applicable to information produced | by a Non-Party in this Action and designated as “CONFIDENTIAL” or | “ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in | connection with this litigation is protected by the remedies and relief provided by | this Order. Nothing in these provisions should be construed as prohibiting a Non- | Party from seeking additional protections.

20 (b) In the event that a Party is required, by a valid discovery request, | to produce a Non-Party’s confidential information in its possession, and the Party is | subject to an agreement with the Non-Party not to produce the Non-Party’s | confidential information, then the Party shall: 24 (1) promptly notify in writing the Requesting Party and the | Non-Party that some or all of the information requested is subject to a | confidentiality agreement with a Non-Party; 27 (2) promptly provide the Non-Party with a copy of the | Stipulated Protective Order in this Action, the relevant discovery request(s), and a n & Tucker, LLP ] | reasonably specific description of the information requested; and 2 (3) make the information requested available for inspection by | the Non-Party, if requested.

4 (c) Ifthe Non-Party fails to seek a protective order from this court | within 14 days of receiving the notice and accompanying information, the Receiving | Party may produce the Non-Party’s confidential information responsive to the | discovery request. If the Non-Party timely seeks a protective order, the Receiving | Party shall not produce any information in its possession or control that is subject to | the confidentiality agreement with the Non-Party before a determination by the | court. Absent a court order to the contrary, the Non-Party shall bear the burden and | expense of seeking protection in this court of its Protected Material.

13}10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 14 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed | Protected Material to any person or in any circumstance not authorized under this | Stipulated Protective Order, the Receiving Party must immediately (a) notify in | writing the Designating Party of the unauthorized disclosures, (b) use its best efforts | to retrieve all unauthorized copies of the Protected Material, (c) inform the person or | persons to whom unauthorized disclosures were made of all the terms of this Order, | and (d) request such person or persons to execute the “Acknowledgment and | Agreement to Be Bound” that is attached hereto as Exhibit A.

23}11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 24 PROTECTED MATERIAL 25 When a Producing Party gives notice to Receiving Parties that certain | inadvertently produced material is subject to a claim of privilege or other protection, | or when a Receiving Party reasonably suspects that it has received privileged | documents or information that the Producing Party inadvertently produced, the n & Tucker, LLP | obligations of the Receiving Parties are those set forth in Federal Rule of Civil | Procedure 26(b)(5)(B) and California Rule of Professional Conduct, Rule 4.4, i.e. | that the Receiving Party will refrain from using or examining the material any further and shall promptly notify the Producing Party of the potential inadvertent | disclosure, and — on notification or confirmation from the Producing Party that the | material was privileged and inadvertently disclosed — shall promptly return, | sequester, or destroy the specified information and any copies it has and take | reasonable steps to retrieve the information if the Receiving Party disclosed it before | being notified. The parties will work together to resolve any disputes as to whether | materials at issue are protected by privilege, with guidance from the Court as | necessary.

12 Pursuant to Federal Rule of Evidence 502(d) and (e), the Parties agree that the | inadvertent or unintentional production of privileged material shall not be deemed a | waiver in whole or in part of a party’s claim of privilege. The Parties agree that | prompt notice or confirmation of an inadvertent disclosure constitutes reasonable | steps to rectify the error pursuant to Federal Rule of Evidence 502(b). This | provision is not intended to modify whatever procedure may be established in an e- | discovery order that provides for production without prior privilege review.

20}12. MISCELLANEOUS 21 12.1 Right to Further Relief. Nothing in this Order abridges the right of any | person to seek its modification by the Court in the future.

23 12.2 Right to Assert Other Objections. By stipulating to the entry of this | Protective Order, no Party waives any right it otherwise would have to object to | disclosing or producing any information or item on any ground not addressed in this | Stipulated Protective Order. Similarly, no Party waives any right to object on any | ground to use in evidence of any of the material covered by this Protective Order.

28 12.3. Filing Protected Material. A Party that seeks to file under seal any n & Tucker, LLP | Protected Material must comply with Local Civil Rule 79-5. Protected Material | may only be filed under seal pursuant to a court order authorizing the sealing of the | specific Protected Material at issue. If a Party’s request to file Protected Material | under seal is denied by the court, then the Receiving Party may file the information | in the public record unless otherwise instructed by the court.

7113. FINAL DISPOSITION 8 After the final disposition of this Action, as defined in paragraph 4, within 60 | days of a written request by the Designating Party, each Receiving Party must return all Protected Material to the Producing Party or destroy such material. As used in | this subdivision, “all Protected Material” includes all copies, abstracts, compilations, | summaries, and any other format reproducing or capturing any of the Protected | Material. Whether the Protected Material is returned or destroyed, the Receiving | Party must submit a written certification to the Producing Party (and, if not the same | person or entity, to the Designating Party) by the 60 day deadline that (1) identifies | (by category, where appropriate) all the Protected Material that was returned or | destroyed and (2) affirms that the Receiving Party has not retained any copies, | abstracts, compilations, summaries or any other format reproducing or capturing any | of the Protected Material. Notwithstanding this provision, Counsel are entitled to | retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing | transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert | reports, attorney work product, and consultant and expert work product, even if such | materials contain Protected Material. Any such archival copies that contain or | constitute Protected Material remain subject to this Protective Order as set forth in | Section 4 (DURATION).

26 // 27 // 28 // Tucker, LLP 1/14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures | including, without limitation, contempt proceedings and/or monetary sanctions.

5 | IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

7 DATED: June 12, 2020 _/s/ Meredith Williams Meredith Williams ? Attorneys for Plaintiff | 1661 Inc., d/b/a GOAT 12|DATED: June 12, 2020 13 “ys /s/ William Thomson | William Thomson 1s Attorneys for Defendant Clear Sky Assets, Inc. 7 L.R. 5-4.3.4 Attestation Regarding Signature 18 The electronic filer attests that all other signatories listed and on whose behalf | the filing is submitted concur in the filing’s content and have authorized the filing.

Dated: June 15, 2020 By: /s/ Meredith Williams 21 Meredith Williams | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

DATED: June 15, 2020 25 .

26 | __W!____ HON. ROZELLA A. OLIVER | United States Magistrate Judge 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 penalty of perjury that I have read in its entirety and understand the | Stipulated Protective Order that was issued by the United States District Court for | the Central District of California on [date] in the case of 166/ | Inc. v. Clear Sky Assets, Inc., case no. 2:20-cv-01144-CJC-RAO. I agree to comply | with and to be bound by all the terms of this Stipulated Protective Order and I | understand and acknowledge that failure to so comply could expose me to sanctions | and punishment in the nature of contempt. I solemnly promise that I will not | disclose in any manner any information or item that is subject to this Stipulated | Protective Order to any person or entity except in strict compliance with the | provisions of this Order. I further agree to submit to the jurisdiction of the United | States District Court for the Central District of California for enforcing the terms of | this Stipulated Protective Order, even if such enforcement proceedings occur after | termination of this action. I hereby appoint | [print or type full name] of [print or type full | address and telephone number] as my California agent for service of process in | connection with this action or any proceedings related to enforcement of this | Stipulated Protective Order.

23 | Date: | City and State where sworn and signed: | Printed name: | Signature: Tucker, LLP