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8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 TEXMONT DESIGN LIMITED, Case No.: 2:18-cv-10164-CJC (GJSx) 11 Plaintiff, 12 v. 13 STIPULATED PROTECTIVE HALSTON OPERATING ORDER1 14 COMPANY, LLC, HOUSE OF HALSTON, LLC, THE H 15 COMPANY IP, LLC, and XCEL BRANDS, INC., 16 Defendants. 17

1. A. PURPOSES AND LIMITATIONS 18 Discovery in this action is likely to involve production of confidential, 19 proprietary or private information for which special protection from public 20 disclosure and from use for any purpose other than prosecuting this litigation may 21 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 22 enter the following Stipulated Protective Order. The parties acknowledge that this 23 Order does not confer blanket protections on all disclosures or responses to 24 discovery and that the protection it affords from public disclosure and use extends 25 26 27 1 only to the limited information or items that are entitled to confidential treatment 2 under the applicable legal principles. 3 B. GOOD CAUSE STATEMENT 4 This action is likely to involve trade secrets, customer and pricing lists and 5 other valuable research, development, commercial, financial, technical and/or 6 proprietary information for which special protection from public disclosure and 7 from use for any purpose other than prosecution of this action is warranted. Such 8 confidential and proprietary materials and information consist of, among other 9 things, confidential business or financial information, information regarding 10 purchase and sale prices of intellectual property, information regarding business 11 practices, information regarding company financials and projected financials other 12 confidential research, development, or commercial information (including 13 information implicating privacy rights of third parties), information otherwise 14 generally unavailable to the public, or which may be privileged or otherwise 15 protected from disclosure under state or federal statutes, court rules, case decisions, 16 or common law. Accordingly, to expedite the flow of information, to facilitate the 17 prompt resolution of disputes over confidentiality of discovery materials, to 18 adequately protect information the parties are entitled to keep confidential, to ensure 19 that the parties are permitted reasonable necessary uses of such material in 20 preparation for and in the conduct of trial, to address their handling at the end of the 21 litigation, and serve the ends of justice, a protective order for such information is 22 justified in this matter. It is the intent of the parties that information will not be 23 designated as confidential for tactical reasons and that nothing be so designated 24 without a good faith belief that it has been maintained in a confidential, non-public 25 manner, and there is good cause why it should not be part of the public record of this 26 case. 27 The parties acknowledge that this Stipulated Protective Order does not confer 1 protection it affords from public disclosure and use extends only to the limited 2 information or items that are entitled to confidential treatment under the applicable 3 legal principles. Nothing herein shall prevent any Party from withholding or 4 redacting any documents and/or information that the Party deems privileged, 5 irrelevant, or otherwise objectionable. 6 Nothing in this Stipulated Protective Order shall be deemed in any way to 7 restrict the use of documents or information which are lawfully obtained or publicly 8 available to a party independently of discovery in this Action, whether or not the 9 same material has been obtained during the course of discovery in the Action and 10 whether or not such documents or information have been designated hereunder. 11 However, in the event of a dispute regarding such independent acquisition, a party 12 wishing to use any independently acquired documents or information shall bear the 13 burden of proving independent acquisition. 14 15 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 16 The parties further acknowledge, as set forth in Section 12.3, below, that this 17 Stipulated Protective Order does not entitle them to file confidential information 18 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 19 and the standards that will be applied when a party seeks permission from the court 20 to file material under seal. 21 There is a strong presumption that the public has a right of access to judicial 22 proceedings and records in civil cases. In connection with non-dispositive motions, 23 good cause must be shown to support a filing under seal. See Kamakana v. City and 24 County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. Motors 25 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 26 Inc.,

(E.D. Wis. 1999) (even stipulated protective orders 27 require good cause showing), and a specific showing of good cause or compelling 1 respect to Protected Material that a party seeks to file under seal. The parties’ mere 2 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 3 without the submission of competent evidence by declaration, establishing that the 4 material sought to be filed under seal qualifies as confidential, privileged, or 5 otherwise protectable—constitute good cause. 6 Further, if a party requests sealing related to a dispositive motion or trial, then 7 compelling reasons, not only good cause, for the sealing must be shown, and the 8 relief sought shall be narrowly tailored to serve the specific interest to be protected. 9 See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For 10 each item or type of information, document, or thing sought to be filed or introduced 11 under seal in connection with a dispositive motion or trial, the party seeking 12 protection must articulate compelling reasons, supported by specific facts and legal 13 justification, for the requested sealing order. Again, competent evidence supporting 14 the application to file documents under seal must be provided by declaration. 15 Any document that is not confidential, privileged, or otherwise protectable in 16 its entirety will not be filed under seal if the confidential portions can be redacted. 17 If documents can be redacted, then a redacted version for public viewing, omitting 18 only the confidential, privileged, or otherwise protectable portions of the document, 19 shall be filed. Any application that seeks to file documents under seal in their 20 entirety should include an explanation of why redaction is not feasible. 21 22 2. DEFINITIONS 23 2.1 Action: this pending federal lawsuit. 24 2.2 Challenging Party: a Party or Non-Party that challenges the 25 designation of information or items under this Order. 26 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 27 how it is generated, stored or maintained) or tangible things that qualify for 1 the Good Cause Statement. 2 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 3 their support staff). 4 2.5 Designating Party: a Party or Non-Party that designates information or 5 items that it produces in disclosures or in responses to discovery as 6 “CONFIDENTIAL.” 7 2.6 Disclosure or Discovery Material: all items or information, regardless 8 of the medium or manner in which it is generated, stored, or maintained (including, 9 among other things, testimony, transcripts, and tangible things), that are produced or 10 generated in disclosures or responses to discovery in this matter. 11 2.7 Expert: a person with specialized knowledge or experience in a matter 12 pertinent to the litigation who has been retained by a Party or its counsel to serve as 13 an expert witness or as a consultant in this Action. 14 2.8 House Counsel: attorneys who are employees of a party to this Action. 15 House Counsel does not include Outside Counsel of Record or any other outside 16 counsel. 17 2.9 Non-Party: any natural person, partnership, corporation, association or 18 other legal entity not named as a Party to this action. 19 2.10 Outside Counsel of Record: attorneys who are not employees of a 20 party to this Action but are retained to represent or advise a party to this Action and 21 have appeared in this Action on behalf of that party or are affiliated with a law firm 22 that has appeared on behalf of that party, and includes support staff. 23 2.11 Party: any party to this Action, including all of its officers, directors, 24 employees, consultants, retained experts, and Outside Counsel of Record (and their 25 support staffs). 26 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 27 Discovery Material in this Action. 1 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 2 demonstrations, and organizing, storing, or retrieving data in any form or medium) 3 and their employees and subcontractors. 4 2.14 Protected Material: any Disclosure or Discovery Material that is 5 designated as “CONFIDENTIAL.” 6 2.15 Receiving Party: a Party that receives Disclosure or Discovery 7 Material from a Producing Party. 8 2.16 Related Action: The action entitled Comfortex Company Limited v. 9 Halston Operating Company, LLC, et al., Case No. 2:18-cv-09963-CJC (GJSx). 10 3. SCOPE 11 The protections conferred by this Stipulation and Order cover not only 12 Protected Material (as defined above), but also (1) any information copied or 13 extracted from Protected Material; (2) all copies, excerpts, summaries, or 14 compilations of Protected Material; and (3) any testimony, conversations, or 15 presentations by Parties or their Counsel that might reveal Protected Material. 16 Any use of Protected Material at trial shall be governed by the orders of the 17 trial judge. This Order does not govern the use of Protected Material at trial. 18

19 4. DURATION 20 FINAL DISPOSITION of the action is defined as the conclusion of any 21 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 22 has run. Except as set forth below, the terms of this protective order apply through 23 FINAL DISPOSITION of the action. The parties may stipulate that the they will be 24 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 25 but will have to file a separate action for enforcement of the agreement once all 26 proceedings in this case are complete. 27 1 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 2 as an exhibit at trial becomes public and will be presumptively available to all 3 members of the public, including the press, unless compelling reasons supported by 4 specific factual findings to proceed otherwise are made to the trial judge in advance 5 of the trial. See Kamakana,

(distinguishing “good cause” 6 showing for sealing documents produced in discovery from “compelling reasons” 7 standard when merits-related documents are part of court record). Accordingly, for 8 such materials, the terms of this protective order do not extend beyond the 9 commencement of the trial. 10 5. DESIGNATING PROTECTED MATERIAL 11 5.1 Exercise of Restraint and Care in Designating Material for Protection. 12 Each Party or Non-Party that designates information or items for protection under 13 this Order must take care to limit any such designation to specific material that 14 qualifies under the appropriate standards. The Designating Party must designate for 15 protection only those parts of material, documents, items or oral or written 16 communications that qualify so that other portions of the material, documents, items 17 or communications for which protection is not warranted are not swept unjustifiably 18 within the ambit of this Order. 19 If it comes to a Designating Party’s attention that information or items that it 20 designated for protection do not qualify for protection, that Designating Party must 21 promptly notify all other Parties that it is withdrawing the inapplicable designation. 22 5.2 Manner and Timing of Designations. Except as otherwise provided in 23 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 24 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 25 under this Order must be clearly so designated before the material is disclosed or 26 produced. 27 Designation in conformity with this Order requires: 1 documents, but excluding transcripts of depositions or other pretrial or trial 2 proceedings), that the Producing Party affix at a minimum, the legend 3 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 4 contains protected material. If only a portion of the material on a page qualifies for 5 protection, the Producing Party also must clearly identify the protected portion(s) 6 (e.g., by making appropriate markings in the margins). 7 A Party or Non-Party that makes original documents available for inspection 8 need not designate them for protection until after the inspecting Party has indicated 9 which documents it would like copied and produced. During the inspection and 10 before the designation, all of the material made available for inspection shall be 11 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 12 documents it wants copied and produced, the Producing Party must determine which 13 documents, or portions thereof, qualify for protection under this Order. Then, 14 before producing the specified documents, the Producing Party must affix the 15 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 16 portion of the material on a page qualifies for protection, the Producing Party also 17 must clearly identify the protected portion(s) (e.g., by making appropriate markings 18 in the margins). 19 (b) for testimony given in depositions that the Designating Party identifies 20 the Disclosure or Discovery Material on the record, before the close of the 21 deposition all protected testimony. 22 (c) for information produced in some form other than documentary and 23 for any other tangible items, that the Producing Party affix in a prominent place on 24 the exterior of the container or containers in which the information is stored the 25 legend “CONFIDENTIAL.” If only a portion or portions of the information 26 warrants protection, the Producing Party, to the extent practicable, shall identify the 27 protected portion(s). 1 designate qualified information or items does not, standing alone, waive the 2 Designating Party’s right to secure protection under this Order for such material. 3 Upon correction of a designation, the Receiving Party must make reasonable efforts 4 to assure that the material is treated in accordance with the provisions of this Order. 5 Within five (5) business days of receipt of the substitute copies, the receiving party 6 shall return the previously unmarked or mismarked items and all copies thereof. 7 5.4 Copies. All complete or partial copies of a document that disclose 8 Designated Materials shall be subject to the terms of this Stipulated Protective 9 Order. 10 5.5 Unless and until otherwise ordered by the Court or agreed to in writing 11 by the parties, all Designated Materials designated under this Stipulated Protective 12 Order shall be used by the parties and persons receiving such Designated Materials 13 solely for conducting the above-captioned litigation and any appellate proceeding 14 relating thereto. Designated Material shall not be used by any party or person 15 receiving them for any business or any other purpose. No party or person shall 16 disclose Designated Material to any other party or person not entitled to receive 17 such Designated Material under the specific terms of this Stipulated Protective 18 Order. For purposes of this Stipulated Protective Order, “disclose” or “disclosed” 19 means to show, furnish, reveal or provide, indirectly or directly, any portion of the 20 Designated Material or its contents, orally or in writing, including the original or 21 any copy of the Designated Material. 22 23 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 24 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 25 designation of confidentiality at any time that is consistent with the Court’s 26 Scheduling Order. 27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 1 et seq. 2 6.3 The burden of persuasion in any such challenge proceeding shall be on 3 the Designating Party. Frivolous challenges, and those made for an improper 4 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 5 parties) may expose the Challenging Party to sanctions. Unless the Designating 6 Party has waived or withdrawn the confidentiality designation, all parties shall 7 continue to afford the material in question the level of protection to which it is 8 entitled under the Producing Party’s designation until the Court rules on the 9 challenge. 10 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 12 7.1 Basic Principles. A Receiving Party may use Protected Material that is 13 disclosed or produced by another Party or by a Non-Party in connection with this 14 Action only for prosecuting, defending or attempting to settle this Action and/or the 15 Related Action. Such Protected Material may be disclosed only to the categories of 16 persons and under the conditions described in this Order. When the Action and/or 17 the Related Action has been terminated, a Receiving Party must comply with the 18 provisions of section 13 below (FINAL DISPOSITION). 19 Protected Material must be stored and maintained by a Receiving Party at a 20 location and in a secure manner that ensures that access is limited to the persons 21 authorized under this Order. 22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 23 otherwise ordered by the court or permitted in writing by the Designating Party, a 24 Receiving Party may disclose any information or item designated 25 “CONFIDENTIAL” only to: 26 (a) the Receiving Party’s Outside Counsel of Record in this Action and/or 27 the Related Action, as well as employees of said Outside Counsel of Record to 1 the Related Action; 2 (b) the officers, directors, and employees (including House Counsel) of 3 the Receiving Party or Designating Party to whom disclosure is reasonably 4 necessary for this Action and/or the Related Action; 5 (c) Experts (as defined in this Order) of the Receiving Party to whom 6 disclosure is reasonably necessary for this Action and/or the Related Action and 7 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (d) the court and its personnel; 9 (e) court reporters and their staff; 10 (f) professional jury or trial consultants, mock jurors, and Professional 11 Vendors to whom disclosure is reasonably necessary for this Action and/or the 12 Related Action and who have signed the “Acknowledgment and Agreement to Be 13 Bound” (Exhibit A); 14 (g) during their depositions, witnesses, and attorneys for witnesses, in the 15 Action and/or the Related Action to whom disclosure is reasonably necessary 16 provided: (1) the witness is an author, recipient, custodian, or other person who 17 previously had access to the information; (2) the witness agrees to not keep any 18 confidential information unless they sign the “Acknowledgment and Agreement to 19 Be Bound” (Exhibit A); or (3) if ordered by the court. Pages of transcribed 20 deposition testimony or exhibits to depositions that reveal Protected Material may 21 be separately bound by the court reporter and may not be disclosed to anyone except 22 as permitted under this Stipulated Protective Order; and 23 (h) any mediator or settlement officer, and their supporting personnel, 24 mutually agreed upon by any of the parties engaged in settlement discussions. 25 26 7.3 Use of Designated Materials by Designating Party. Nothing in this 27 Stipulated Protective Order shall limit a Designating Party’s use of its own 1 information or materials to any person. Such disclosure shall not affect any 2 designations made pursuant to the terms of this Stipulated Protective Order, so long 3 as the disclosure is made in a manner that is reasonably calculated to maintain the 4 confidentiality of the information. 5 6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 7 IN OTHER LITIGATION 8 If a Party is served with a subpoena or a court order issued in other litigation 9 that compels disclosure of any information or items designated in this Action and/or 10 the Related Action as “CONFIDENTIAL,” that Party 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 15 subpoena or order is subject to this Protective Order. Such notification shall include 16 a copy of this 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 If the Designating Party timely seeks a protective order, the Party served with 20 the subpoena or court order shall not produce any information designated in this 21 action as “CONFIDENTIAL” before a determination by the court from which the 22 subpoena or order issued, unless the Party has obtained the Designating Party’s 23 permission. The Designating Party shall bear the burden and expense of seeking 24 protection in that court of its confidential material and nothing in these provisions 25 should be construed as authorizing or encouraging a Receiving Party in this Action 26 and/or the Related Action to disobey a lawful directive from another court. 27 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.” Such information 5 produced by Non-Parties in connection with this litigation is protected by the 6 remedies and relief provided by this Order. Nothing in these provisions should be 7 construed as prohibiting a Non-Party from seeking additional protections. 8 (b) In the event that a Party is required, by a valid discovery request, to 9 produce a Non-Party’s confidential information in its possession, and the Party is 10 subject to an agreement with the Non-Party not to produce the Non-Party’s 11 confidential information, then the Party shall: 12 (1) promptly notify in writing the Requesting Party and the Non-Party 13 that some or all of the information requested is subject to a confidentiality 14 agreement with a Non-Party; 15 (2) promptly provide the Non-Party with a copy of the Stipulated 16 Protective Order in this Action, the relevant discovery request(s), and a reasonably 17 specific description of the information requested; and 18 (3) make the information requested available for inspection by the 19 Non-Party, if requested. 20 (c) If the Non-Party fails to seek a protective order from this court within 21 14 days of receiving the notice and accompanying information, the Receiving Party 22 may produce the Non-Party’s confidential information responsive to the discovery 23 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 24 not produce any information in its possession or control that is subject to the 25 confidentiality agreement with the Non-Party before a determination by the court. 26 Absent a court order to the contrary, the Non-Party shall bear the burden and 27 expense of seeking protection in this 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 5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 6 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 7 persons to whom unauthorized disclosures were made of all the terms of this Order, 8 and (d) request such person or persons to execute the “Acknowledgment and 9 Agreement to Be Bound” that is attached hereto as Exhibit A. 10 11 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 PROTECTED MATERIAL 13 Any inadvertent production of documents containing privileged information shall 14 not be deemed to be a waiver of the attorney-client privilege, work product doctrine, 15 or any other applicable privilege or doctrines. All parties specifically reserve the 16 right to demand the return of any privileged documents that it may produce 17 inadvertently during discovery if the producing party determines that such 18 documents contain privileged information. After receiving notice of such 19 inadvertent production by the producing party, the receiving party, within fifteen 20 (15) business days of receiving any such notice, agrees to locate and return to the 21 producing party all such inadvertently produced documents, or certify the 22 destruction thereof. This Stipulation shall be interpreted to provide the maximum 23 protection allowed by Federal Rule of Evidence 502(d). 24 25 12. MISCELLANEOUS 26 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 27 person to seek its modification by the Court in the future. 1 12.2 Right to Assert Other Objections. By stipulating to the entry of this 2 Protective Order, no Party waives any right it otherwise would have to object to 3 disclosing or producing any information or item on any ground not addressed in this 4 Stipulated Protective Order. Similarly, no Party waives any right to object on any 5 ground to use in evidence of any of the material covered by this Protective Order. 6 12.3 Filing Protected Material. A Party that seeks to file under seal any 7 Protected Material must comply with Local Civil Rule 79-5. Protected Material 8 may only be filed under seal pursuant to a court order authorizing the sealing of the 9 specific Protected Material at issue. If a Party’s request to file Protected Material 10 under seal is denied by the court, then the Receiving Party may file the information 11 in the public record unless otherwise instructed by the court. 12 If a filing party fails to seek to file under seal items which a party in good 13 faith believes to have been designated as or to constitute “CONFIDENTIAL” 14 material, such party may move the Court to file said information under seal within 15 five (5) business days of service of the original filing. Notice of such designation 16 shall be given to all parties. Nothing in this provision relieves a party of liability for 17 damages caused by failure to properly seek the filing of Designated Material under 18 seal in accordance with Local Rule 79-5.2.2. Filing the document under seal shall 19 not bar any party from unrestricted use or dissemination of those portions of the 20 document that do not contain material designated “CONFIDENTIAL” 21 Unless the parties stipulate otherwise, evidence of the existence or 22 nonexistence of a designation under this Stipulated Protective Order shall not be 23 admissible for any purpose during any proceeding on the merits of this Action. 24 25 13. FINAL DISPOSITION 26 After the final disposition of this Action, as defined in paragraph 4, within 60 27 days of a written request by the Designating Party, each Receiving Party must return 1 no party will be required to expunge any system back-up media such as copies of 2 any computer records or files containing Protected Material which have been 3 created pursuant to automatic archiving or back-up procedures on secured central 4 storage servers and which cannot reasonably be expunged, and further provided that 5 any destruction does not destroy or affect the destroying party’s computer programs, 6 hardware, software, servers, or the like. As used in this subdivision, “all Protected 7 Material” includes all copies, abstracts, compilations, summaries, and any other 8 format reproducing or capturing any of the Protected Material. Whether the 9 Protected Material is returned or destroyed, the Receiving Party must submit a 10 written certification to the Producing Party (and, if not the same person or entity, to 11 the Designating Party) by the 60 day deadline that (1) identifies (by category, where 12 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 13 that the Receiving Party has not retained any copies, abstracts, compilations, 14 summaries or any other format reproducing or capturing any of the Protected 15 Material. Notwithstanding this provision, Counsel are entitled to retain an archival 16 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 17 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 18 work product, and consultant and expert work product, even if such materials 19 contain Protected Material. Any such archival copies that contain or constitute 20 Protected Material remain subject to this Protective Order as set forth in Section 4 21 (DURATION). 22 // 23 // 24 // 25 // 26 27 1 || 14. VIOLATION 2 |} Any willful violation of this Order may be punished by appropriate measures 3 || including, without limitation, contempt proceedings and/or monetary sanctions. 4 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 || DATED _ July 28, 2020 7 8 /s/ Michael James Maloney 9 Attorneys for Plaintiff, Texmont Design Limited

10 11 || DATED:July 29, 2020 12 13 || /s/ Harlan M. Lazarus 4 Attorneys for Defendant, Xcel Brands, Inc.

15 16 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 17 18 || DATED: August 5, 2020 19 20 21 || UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of Texmont Design Limited v. Halston Operating Company, 9 LLC et al, Case No. 2:18-cv-10164-CJC (GJSx). I agree to comply with and to be 10 bound by all the terms of this Stipulated Protective Order and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and punishment 12 in the nature of contempt. I solemnly promise that I will not disclose in any manner 13 any information or item that is subject to this Stipulated Protective Order to any 14 person or entity except in strict compliance with the provisions of this Order. I 15 further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27