1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 STAR FABRICS, INC., Case No.: 2:20-cv-00817-JAK-AFM Hon. Alexander F. MacKinnon Presiding 12 Plaintiff, STIPULATED PROTECTIVE 13 ORDER v. 14 DISCOVERY MATTER 15 TORRID, LLC, et al. 16 Defendants. 17 18 1. A. PURPOSES OF LIMITATIONS 19 Discovery in this action is likely to involve production of confidential, proprietary, 20 or private information for which special protection from public disclosure and from use 21 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the 22 parties hereby stipulate to and petition the Court to enter the following Stipulated 23 Protective Order. The parties acknowledge that this Order does not confer blanket 24 protections on all disclosures or responses to discovery and that the protection it affords 25 from public disclosure and use extends only to the limited information or items that are 26 entitled to confidential treatment under the applicable legal principles. 27 // 28 1 B. GOOD CAUSE STATEMENT 2 This action is likely to involve trade secrets, customer and pricing lists and other 3 valuable research, development, commercial, financial, technical and/or proprietary 4 information for which special protection from public disclosure and from use for any 5 purpose other than prosecution of this action is warranted. Such confidential and 6 proprietary materials and information consist of, among other things, confidential 7 business or financial information, information regarding confidential business practices, 8 or other confidential research, development, or commercial information (including 9 information implicating privacy rights of third parties), information otherwise generally 10 unavailable to the public, or which may be privileged or otherwise protected from 11 disclosure under state or federal statutes, court rules, case decisions, or common law. 12 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 13 disputes over confidentiality of discovery materials, to adequately protect information 14 the parties are entitled to keep confidential, to ensure that the parties are permitted 15 reasonable necessary uses of such material in preparation for and in the conduct of trial, 16 to address their handling at the end of the litigation, and serve the ends of justice, a 17 protective order for such information is justified in this matter. It is the intent of the 18 parties that information will not be designated as confidential for tactical reasons and that 19 nothing be so designated without a good faith belief that it has been maintained in a 20 confidential, non-public manner, and there is good cause why it should not be part of the 21 public record of this case. 22 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 23 The parties further acknowledge, as set forth in Section 12.3, below, that this 24 Stipulated Protective Order does not entitle them to file confidential information under 25 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 26 standards that will be applied when a party seeks permission from the court to file 27 material under seal. 28 1 There is a strong presumption that the public has a right of access to judicial 2 proceedings and records in civil cases. In connection with non-dispositive motions, 3 good cause must be shown to support a filing under seal. See Kamakana v. City and 4 County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. Motors 5 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 6

(E.D. Wis. 1999) (even stipulated protective orders require good 7 cause showing), and a specific showing of good cause or compelling reasons with 8 proper evidentiary support and legal justification, must be made with respect to 9 Protected Material that a party seeks to file under seal. The parties’ mere designation of 10 Disclosure or Discovery Material as CONFIDENTIAL does not—without the 11 submission of competent evidence by declaration, establishing that the material sought 12 to be filed under seal qualifies as confidential, privileged, or otherwise protectable— 13 constitute good cause. 14 Further, if a party requests sealing related to a dispositive motion or trial, then 15 compelling reasons, not only good cause, for the sealing must be shown, and the relief 16 sought shall be narrowly tailored to serve the specific interest to be protected. See 17 Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For each item 18 or type of information, document, or thing sought to be filed or introduced under seal in 19 connection with a dispositive motion or trial, the party seeking protection must 20 articulate compelling reasons, supported by specific facts and legal justification, for the 21 requested sealing order. Again, competent evidence supporting the application to file 22 documents under seal must be provided by declaration. 23 Any document that is not confidential, privileged, or otherwise protectable in its 24 entirety will not be filed under seal if the confidential portions can be redacted. If 25 documents can be redacted, then a redacted version for public viewing, omitting only the 26 confidential, privileged, or otherwise protectable portions of the document, shall be filed. 27 Any application that seeks to file documents under seal in their entirety should include 28 an explanation of why redaction is not feasible. 1 2. DEFINITIONS 2 2.1 Action: this pending federal lawsuit, Case No. 2:20-cv-00817-JAK-AFM 3 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 4 information or items under this Order. 5 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 6 it is generated, stored or maintained) or tangible things that qualify for protection under 7 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 8 Statement. 9 2.4 “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” Information or Items: 10 extremely sensitive “CONFIDENTIAL” Information or Items, the disclosure of which to 11 another Party or Non-Party would create a substantial risk of serious harm that could not 12 be avoided by less restrictive means. 13 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their 14 support staff). 15 2.6 Designating Party: a Party or Non-Party that designates information or items 16 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or 17 “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” 18 2.7 Disclosure or Discovery Material: all items or information, regardless of the 19 medium or manner in which it is generated, stored, or maintained (including, among other 20 things, testimony, transcripts, and tangible things), that are produced or generated in 21 disclosures or responses to discovery in this matter. 22 2.8 Expert: a person with specialized knowledge or experience in a matter 23 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 24 expert witness or as a consultant in this Action. 25 2.9 House Counsel: attorneys who are employees of a party to this Action. 26 House Counsel does not include Outside Counsel of Record or any other outside counsel. 27 2.10 Non-Party: any natural person, partnership, corporation, association, or 28 other legal entity not named as a Party to this action. 1 2.11 Outside Counsel of Record: attorneys who are not employees of a party to 2 this Action but are retained to represent or advise a party to this Action and have appeared 3 in this Action on behalf of that party or are affiliated with a law firm which has appeared 4 on behalf of that party, and includes support staff. 5 2.12 Party: any party to this Action, including all of its officers, directors, 6 employees, consultants, retained experts, and Outside Counsel of Record (and their 7 support staffs). 8 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 9 Discovery Material in this Action. 10 2.14 Professional Vendors: persons or entities that provide litigation support 11 services (e.g., photocopying, videotaping, translating, preparing exhibits or 12 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 13 their employees and subcontractors. 14 2.15 Protected Material: any Disclosure or Discovery Material that is designated 15 as “CONFIDENTIAL” or “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” 16 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 17 from a Producing Party. 18 3. SCOPE 19 The protections conferred by this Stipulation and Order cover not only Protected 20 Material (as defined above), but also (1) any information copied or extracted from 21 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 22 Material; and (3) any testimony, conversations, or presentations by Parties or their 23 Counsel that might reveal Protected Material. 24 Any use of Protected Material at trial shall be governed by the orders of the trial 25 judge. This Order does not govern the use of Protected Material at trial. 26 4. DURATION 27 Once a case proceeds to trial, information that was designated as 28 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as 1 an exhibit at trial becomes public and will be presumptively available to all members of 2 the public, including the press, unless compelling reasons supported by specific factual 3 findings to proceed otherwise are made to the trial judge in advance of the trial. See 4 Kamakana,

(distinguishing “good cause” showing for sealing 5 documents produced in discovery from “compelling reasons” standard when merits- 6 related documents are part of court record). Accordingly, the terms of this protective 7 order do not extend beyond the commencement of the trial for materials used or 8 introduced as an exhibit at trial. For all other materials that are designated as 9 CONFIDENTIAL or ATTORNEYS’ EYES ONLY, but not used or introduced as an 10 exhibit at trial, the confidentiality obligations imposed by this order shall remain in effect 11 even after final disposition of this litigation until a Designating Party agrees otherwise in 12 writing or a court order otherwise directs. 13 5. DESIGNATING PROTECTED MATERIAL 14 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 15 Party or Non-Party that designates information or items for protection under this Order 16 must take care to limit any such designation to specific material that qualifies under the 17 appropriate standards. The Designating Party must designate for protection only those 18 parts of material, documents, items, or oral or written communications that qualify so 19 that other portions of the material, documents, items, or communications for which 20 protection is not warranted are not swept unjustifiably within the ambit of this Order. 21 Mass, indiscriminate, or routinized designations are prohibited. Designations that 22 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 23 to unnecessarily encumber the case development process or to impose unnecessary 24 expenses and burdens on other parties) may expose the Designating Party to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it 26 designated for protection do not qualify for protection, that Designating Party must 27 promptly notify all other Parties that it is withdrawing the inapplicable designation. 28 1 5.2 Manner and Timing of Designations. Except as otherwise provided in this 2 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 3 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 4 must be clearly so designated before the material is disclosed or produced. 5 Designation in conformity with this Order requires: 6 (a) for information in documentary form (e.g., paper or electronic 7 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), 8 that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” or 9 “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” (hereinafter “CONFIDENTIAL” 10 legend or “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY legend”), to each page 11 that contains protected material. If only a portion or portions of the material on a page 12 qualifies for protection, the Producing Party also must clearly identify the protected 13 portion(s) (e.g., by making appropriate markings in the margins). 14 A Party or Non-Party that makes original documents available for inspection need 15 not designate them for protection until after the inspecting Party has indicated which 16 documents it would like copied and produced. During the inspection and before the 17 designation, all of the material made available for inspection shall be deemed 18 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 19 copied and produced, the Producing Party must determine which documents, or portions 20 thereof, qualify for protection under this Order. Then, before producing the specified 21 documents, the Producing Party must affix the “CONFIDENTIAL legend” or 22 “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY legend” to each page that contains 23 Protected Material. If only a portion or portions of the material on a page qualifies for 24 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 25 by making appropriate markings in the margins). 26 (b) For testimony given in depositions that the Designating Party 27 identifies the Disclosure or Discovery Material on the record, before the close of the 28 deposition all protected testimony. Further, within ten (10) days of receiving the final 1 transcript of the deposition, the Designating Party must identify the specific page and line 2 numbers in the deposition transcript containing Disclosure or Discovery Material. 3 (c) for information produced in some form other than documentary and 4 for any other tangible items, that the Producing Party affix in a prominent place on the 5 exterior of the container or containers in which the information is stored the legend 6 “CONFIDENTIAL” or “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” If only a 7 portion or portions of the information warrants protection, the Producing Party, to the 8 extent practicable, shall identify the protected portion(s). 9 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 10 to designate qualified information or items does not, standing alone, waive the 11 Designating Party’s right to secure protection under this Order for such material. Upon 12 timely correction of a designation, the Receiving Party must make reasonable efforts to 13 assure that the material is treated in accordance with the provisions of this Order. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 16 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 18 process under Local Rule 37.1 et seq. 19 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 20 stipulation pursuant to Local Rule 37-2. 21 6.4 The burden of persuasion in any such challenge proceeding shall be on the 22 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 23 to harass or impose unnecessary expenses and burdens on other parties) may expose the 24 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 25 the confidentiality designation, all parties shall continue toafford the material in question 26 the level of protection to which it is entitled under the Producing Party’s designation until 27 the Court rules on the challenge. 28 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this Action 4 only for prosecuting, defending, or attempting to settle this Action. Such Protected 5 Material may be disclosed only to the categories of persons and under the conditions 6 described in this Order. When the Action has been terminated, a Receiving Party must 7 comply with the provisions of section 13 below (FINAL DISPOSITION). 8 Protected Material must be stored and maintained by a Receiving Party at a 9 location and in a secure manner that ensures that access is limited to the persons 10 authorized under this Order. 11 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 12 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 13 may disclose any information or item designated “CONFIDENTIAL” only to: 14 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 15 well as employees of said Outside Counsel of Record to whom it is reasonably necessary 16 to disclose the information for this Action; 17 (b) the officers, directors, and employees (including House Counsel) of 18 the Receiving Party to whom disclosure is reasonably necessary for this Action; 19 (c) Experts (as defined in this Order) of the Receiving Party to whom 20 disclosure is reasonably necessary for this Action and who have signed the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (d) the court and its personnel; 23 (e) court reporters and their staff; 24 (f) professional jury or trial consultants, mock jurors, and Professional 25 Vendors to whom disclosure is reasonably necessary for this Action and who have signed 26 the “Acknowledgment and Agreement to Be Bound” (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 information; 1 (h) during their depositions, witnesses, andattorneys for witnesses, in the 2 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 3 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not 4 be permitted to keep any confidential information unless they sign the “Acknowledgment 5 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 6 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to 7 depositions that reveal Protected Material may be separately bound by the court reporter 8 and may not be disclosed to anyone except as permitted under this Stipulated Protective 9 Order; and 10 (i) any mediator or settlement officer, and their supporting personnel, 11 mutually agreed upon by any of the parties engaged in settlement discussions. 12 7.3 Disclosure of “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” 13 Information or Items. Unless otherwise ordered by the court or permitted in writing by 14 the Designating Party, a Receiving Party may disclose any information or item designated 15 “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 17 well as employees of said Outside Counsel of Record to whom it is reasonably necessary 18 to disclose the information for this Action; 19 (b) Experts (as defined in this Order) of the Receiving Party to whom 20 disclosure is reasonably necessary for this Action and who have signed the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (c) the court and its personnel; 23 (d) private court reporters and their staff to whom disclosure is 24 reasonably necessary for this Action and who have signed the “Acknowledgment and 25 Agreement to Be Bound” (Exhibit A); 26 (e) professional jury or trial consultants, mock jurors, and Professional 27 Vendors to whom disclosure is reasonably necessary for this Action and who have signed 28 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 1 (f) the author or recipient of a document containing the information or a 2 custodian or other person who otherwise possessed or knew the information; and 3 (g) any mediator or settlement officer, and their supporting personnel, 4 mutually agreed upon by any of the parties engaged in settlement discussions. 5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 6 IN OTHER LITIGATION 7 If a Party is served with a subpoena or a court order issued in other litigation that 8 compels disclosure of any information or items designated in this Action as 9 “CONFIDENTIAL” or “CONFIDENTIAL -- ATTORNEYS’ EYES ONLY,” that Party 10 must: 11 (a) promptly notify in writing the Designating Party. Such notification 12 shall include a copy of the subpoena or court order; 13 (b) promptly notify in writing the party who caused the subpoena or order 14 to issue in the other litigation that some or all of the material covered by the subpoena or 15 order is subject to this Protective Order. Such notification shall include a copy of this 16 Stipulated Protective Order; and 17 (c) cooperate with respect to all reasonable procedures sought to be 18 pursued by the Designating Party whose Protected Material may be affected. 19 (d) If the Designating Party timely seeks a protective order, the Party 20 served with the subpoena or court order shall not produce any information designated in 21 this action as “CONFIDENTIAL” or “CONFIDENTIAL -- ATTORNEYS’ EYES 22 ONLY” before a determination by the court from which the subpoena or order issued, 23 unless the Party has obtained the Designating Party’s permission. The Designating Party 24 shall bear the burden and expense of seeking protection in that court of its confidential 25 material and nothing in these provisions should be construed as authorizing or 26 encouraging a Receiving Party in this Action to disobey a lawful directive from another 27 court. 28 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a 4 Non-Party in this Action and designated as “CONFIDENTIAL” or “CONFIDENTIAL - 5 ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in 6 connection with this litigation is protected by the remedies and relief provided by this 7 Order. Nothing in these provisions should be construed as prohibiting a Non-Party from 8 seeking additional protections. 9 (b) In the event that a Party is required, by a valid discovery request, to 10 produce a Non-Party’s confidential information in its possession, and the Party is subject 11 to an agreement with the Non-Party not to produce the Non-Party’s confidential 12 information, then the Party shall: 13 (1) promptly notify in writing the Requesting Party and the Non- 14 Party that some or all of the information requested is subject to a confidentiality 15 agreement with a Non-Party; 16 (2) promptly provide the Non-Party with a copy of the Stipulated 17 Protective Order in this Action, the relevant discovery request(s), and a reasonably 18 specific description of the information requested; and 19 (3) make the information requested available for inspection by the 20 Non-Party, if requested. 21 (c) If the Non-Party fails to seek a protective order from this court within 22 14 days of receiving the notice and accompanying information, the Receiving Party may 23 produce the Non-Party’s confidential information responsive to the discovery request. If 24 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 25 information in its possession or control that is subject to the confidentiality agreement 26 with the Non-Party before a determination by the court. Absent a court order to the 27 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 28 court of its Protected Material. 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 5 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 6 all unauthorized copies of the Protected Material, (c) inform the person or persons to 7 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 8 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 9 that is attached hereto as Exhibit A. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 11 PROTECTED MATERIAL 12 When a Receiving Party reasonably suspects that it has received privileged 13 documents or information that the Producing Party inadvertently produced, or a 14 Producing Party gives notice to Receiving Parties that certain inadvertently produced 15 material is subject to a claim of privilege or other protection, the obligations of the 16 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B) and 17 California Rule of Professional Conduct, Rule 4.4, i.e. that the Receiving Party will 18 refrain from using or examining the material any further and shall promptly notify the 19 Producing Party of the potential inadvertent disclosure, and – on notification or 20 confirmation from the Producing Party that the material was privileged and inadvertently 21 disclosed – shall promptly return, sequester, or destroy the specified information and any 22 copies it has and take reasonable steps to retrieve the information if the Receiving Party 23 disclosed it before being notified. The parties will work together to resolve any disputes 24 as to whether materials at issue are protected by privilege, with guidance from the Court 25 as necessary. Pursuant to Federal Rule of Evidence 502(d) and (e), the Parties agree that 26 the inadvertent or unintentional production of privileged material shall not be deemed a 27 waiver in whole or in part of a party’s claim of privilege. The Parties agree that prompt 28 notice or confirmation of an inadvertent disclosure constitutes reasonable steps to rectify 1 the error pursuant to Federal Rule of Evidence 502(b). This provision is not intended to 2 modify whatever procedure may be established in an e-discovery order that provides for 3 production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) 4 and (e), insofar as the parties reach an agreement on the effect of disclosure of a 5 communication or information covered by the attorney-client privilege or work product 6 protection, the parties may incorporate their agreement in the stipulated protective order 7 submitted to the court. 8 12. MISCELLANEOUS 9 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 10 person to seek its modification by the Court in the future. 11 12.2 Right to Assert Other Objections. By stipulating to the entry of this 12 Protective Order, no Party waives any right it otherwise would have to object to 13 disclosing or producing any information or item on any ground not addressed in this 14 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground 15 to use in evidence of any of the material covered by this Protective Order. 16 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 17 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed 18 under seal pursuant to a court order authorizing the sealing of the specific Protected 19 Material at issue. If a Party’s request to file Protected Material under seal is denied by 20 the court, then the Receiving Party may file the information in the public record unless 21 otherwise instructed by the court. 22 13. FINAL DISPOSITION 23 After the final disposition of this Action, as defined in paragraph 4, within 60 days 24 of a written request by the Designating Party, each Receiving Party must return all 25 Protected Material to the Producing Party or destroy such material. As used in this 26 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 27 summaries, and any other format reproducing or capturing any of the Protected Material. 28 Whether the ProtectedMaterial is returned or destroyed, the Receiving Party must submit 1 || a written certification to the Producing Party (and, if not the same person or entity, to the 2 Designating Party) by the 60 day deadline that (1) identifies (by category, where 3 | appropriate) all the Protected Material that was returned or destroyed and (2) affirms that 4 | the Receiving Party has not retained any copies, abstracts, compilations, summaries or 5 | any other format reproducing or capturing any of the Protected Material. Notwithstanding 6 || this provision, Counsel are entitled to retain an archival copy of all pleadings, motion 7 || papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 8 || deposition and trial exhibits, expert reports, attorney work product, and consultant and 9 || expert work product, even if such materials contain Protected Material. Any such archival 10 | copies that contain or constitute Protected Material remain subject to this Protective 11 | Order as set forth in Section 4 (DURATION). 12 14. VIOLATION 13 Any violation of this Order may be punished by any and all appropriate measures 14 | including, without limitation, contempt proceedings and/or monetary sanctions. 15 16 IT IS SO ORDERED. . 18 (Wy 19 Dated: 7/7/2020 HON. ALEXANDER F. MACKINNON 20 UNITED STATES MAGISTRATE JUDGE 21 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 penalty of perjury that I 5 have read in its entirety and understand the Stipulated Protective Order that was issued 6 by the United States District Court for the Central District of California on [date] in the 7 case of Star Fabrics, Inc. v. Torrid, LLC et al. 2:20-cv-00817-JAK-AFM. I agree to 8 comply with and to be bound by all the terms of this Stipulated Protective Order and I 9 understand and acknowledge that failure to so comply could expose me to sanctions and 10 punishment in the nature of contempt. I solemnly promise that I will not disclose in any 11 manner any information or item that is subject to this Stipulated Protective Order to any 12 person or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for 14 the Central District of California for the purpose of enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of this 16 action. I hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone 18 number] as my California agent for service of process in connection with this action or 19 any proceedings related to enforcement of this Stipulated Protective Order. 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________ 22 23 Printed name: _______________________________ 24 Signature: __________________________________ 25 26 27 28