2 A nmdarreka. eLreicvkesnosno@n (hBayarn eNsob.o 3o2n3e9.c2o6m) K a Ak Z@ Ek Ra Ozlg U.c No Im L AW GROUP, APC [email protected] 245 Fischer Avenue, Suite D1 3 HAYNES AND BOONE, LLP Costa Mesa, California 92626 600 Anton Boulevard, Suite 700 Telephone: (800) 400-6808 4 Costa Mesa, California 92626 Facsimile: (800) 520-5523 Telephone: (949) 202-3000 5 Facsimile: (949) 202-3001 Yana A. Hart (Bar No. 306499) 6 R. Thaddeus Behrens (Bar No. 196322) [email protected] [email protected] KAZEROUNI LAW GROUP, APC 7 HAYNES AND BOONE, LLP 2221 Camino Del Rio South, Suite 101 2323 Victory Ave., Suite 700 San Diego, California 92108 8 Dallas, Texas 75219 Telephone: (619) 233-7770 Telephone: (214) 651-5000 Facsimile: (619) 297-1022 9 Facsimile: (214) 651-5940 Attorneys for Plaintiff 10 Emily Westridge Black RYAN ODOM (admitted pro hac vice) 11 [email protected] HAYNES AND BOONE, LLP 12 600 Congress Ave., Suite 1300 Austin, Texas 78701 13 Telephone: (512) 867-8422 Facsimile: (512) 867-8605 14 Attorneys for Defendant 15 ECA MARKETING, INC.

16

17 UNITED STATES DISTRICT COURT

18 CENTRAL DISTRICT OF CALIFORNIA 19 RYAN ODOM, on behalf of himself Case No.: 5:20-CV-00851 JGB (SHKx) 20 and others similarly situated, 21 STIPULATED PROTECTIVE Plaintiff, ORDER 22

23 vs.

24 ECA MARKETING, INC., 25 Defendant. 26 27 28 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation 5 may be warranted. Accordingly, the parties hereby stipulate to and petition the 6 Court to enter the following Stipulated Protective Order. The parties 7 acknowledge that this Order does not confer blanket protections on all 8 disclosures or responses to discovery and that the protection it affords from 9 public disclosure and use extends only to the limited information or items that are 10 entitled to confidential treatment under the applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, customer and pricing lists and 13 other valuable research, development, commercial, financial, technical and/or 14 proprietary information for which special protection from public disclosure and 15 from use for any purpose other than prosecution of this action is warranted. Such 16 confidential and proprietary materials and information consist of, among other 17 things, confidential business or financial information, information regarding 18 confidential business practices, or other confidential research, development, or 19 commercial information (including information implicating privacy rights of third 20 parties), information otherwise generally unavailable to the public, or which may 21 be privileged or otherwise protected from disclosure under state or federal statutes, 22 court rules, case decisions, or common law. Information such as financial 23 statements, customer lists, marketing strategies, and competitive business plans 24 may need to be disclosed only to a party’s attorneys due to the potential for 25 competitive harm. Accordingly, to expedite the flow of information, to facilitate 26 the prompt resolution of disputes over confidentiality of discovery materials, to 27 adequately protect information the parties are entitled to keep confidential, to 28 1 ensure that the parties are permitted reasonable necessary uses of such material in 2 preparation for and in the conduct of trial, to address their handling at the end of 3 the litigation, and serve the ends of justice, a protective order for such information 4 is justified in this matter. To adequately protect information the parties are entitled 5 to keep confidential and to prevent competitive harm, two tiers of confidentiality 6 designations—“CONFIDENTIAL” and “HIGHLY CONFIDENTIAL- 7 ATTORNEYS’ EYES ONLY”—are required. It is the intent of the parties that 8 information will not be designated as confidential for tactical reasons and that 9 nothing be so designated without a good faith belief that it has been maintained in 10 a confidential, non-public manner, and there is good cause why it should not be 11 part of the public record of this case. 12 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 13 SEAL 14 The parties further acknowledge, as set forth in Section 12.3, below, that this 15 Stipulated Protective Order does not entitle them to file confidential information 16 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 17 and the standards that will be applied when a party seeks permission from the court 18 to file material under seal. 19 There is a strong presumption that the public has a right of access to judicial 20 proceedings and records in civil cases. In connection with non-dispositive 21 motions, good cause must be shown to support a filing under seal. See Kamakana 22 v. City and County of Honolulu,

(9th Cir. 2006), Phillips v. 23 Gen. Motors Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. 24 Sony Electrics, Inc.,

(E.D. Wis. 1999) (even stipulated 25 protective orders require good cause showing), and a specific showing of good 26 cause or compelling reasons with proper evidentiary support and legal justification, 27 must be made with respect to Protected Material that a party seeks to file under 28 1 seal. The parties’ mere designation of Disclosure or Discovery Material as 2 CONFIDENTIAL or HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY 3 does not—without the submission of competent evidence by declaration, 4 establishing that the material sought to be filed under seal qualifies as confidential, 5 privileged, or otherwise protectable—constitute good cause. 6 Further, if a party requests sealing related to a dispositive motion or trial, 7 then compelling reasons, not only good cause, for the sealing must be shown, and 8 the relief sought shall be narrowly tailored to serve the specific interest to be 9 protected. See Pintos v. Pacific Creditors Ass’n.,

(9th Cir. 10 2010). For each item or type of information, document, or thing sought to be filed 11 or introduced under seal in connection with a dispositive motion or trial, the party 12 seeking protection must articulate compelling reasons, supported by specific facts 13 and legal justification, for the requested sealing order. Again, competent evidence 14 supporting the application to file documents under seal must be provided by 15 declaration. 16 Any document that is not confidential, privileged, or otherwise protectable 17 in its entirety will not be filed under seal if the confidential portions can be 18 redacted. If documents can be redacted, then a redacted version for public 19 viewing, omitting only the confidential, privileged, or otherwise protectable 20 portions of the document, shall be filed. Any application that seeks to file 21 documents under seal in their entirety should include an explanation of why 22 redaction is not feasible. 23 2. DEFINITIONS 24 2.1 Action: this pending federal lawsuit, Case No.: 5:20-CV-00851 JGB 25 (SHKx). 26 2.2 Challenging Party: a Party or Non-Party that challenges the 27 designation of information or items under this Order. 28 1 2.3 “CONFIDENTIAL” Information or Items: information (regardless 2 of how it is generated, stored or maintained) or tangible things that qualify for 3 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 4 the Good Cause Statement. 5 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 6 Information or Items: extremely sensitive “Confidential Information or Items,” 7 disclosure of which to another Party or Non-Party would create a substantial risk of 8 serious harm that could not be avoided by less restrictive means. 9 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 10 their support staff). 11 2.6 Designating Party: a Party or Non-Party that designates information 12 or items that it produces in disclosures or in responses to discovery as 13 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 14 ONLY.” 15 2.7 Disclosure or Discovery Material: all items or information, 16 regardless of the medium or manner in which it is generated, stored, or maintained 17 (including, among other things, testimony, transcripts, and tangible things), that are 18 produced or generated in disclosures or responses to discovery in this matter. 19 2.8 Expert: a person with specialized knowledge or experience in a 20 matter pertinent to the litigation who has been retained by a Party or its counsel to 21 serve as an expert witness or as a consultant in this Action. 22 2.9 House Counsel: attorneys who are employees of a party to this 23 Action. House Counsel does not include Outside Counsel of Record or any other 24 outside counsel. 25 2.10 Non-Party: any natural person, partnership, corporation, association 26 or other legal entity not named as a Party to this action. 27 2.11 Outside Counsel of Record: attorneys who are not employees of a 28 1 party to this Action but are retained to represent or advise a party to this Action 2 and have appeared in this Action on behalf of that party or are affiliated with a law 3 firm that has appeared on behalf of that party, and includes support staff. 4 2.12 Party: any party to this Action, including all of its officers, directors, 5 employees, consultants, retained experts, and Outside Counsel of Record (and their 6 support staffs). 7 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 8 Discovery Material in this Action. 9 2.14 Professional Vendors: persons or entities that provide litigation 10 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 11 demonstrations, and organizing, storing, or retrieving data in any form or medium) 12 and their employees and subcontractors. 13 2.15 Protected Material: any Disclosure or Discovery Material 14 that is designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – 15 ATTORNEYS’ EYES ONLY.” 16 2.16 Receiving Party: a Party that receives Disclosure or Discovery 17 Material from a Producing Party. 18 3. SCOPE 19 The protections conferred by this Stipulation and Order cover not only 20 Protected Material (as defined above), but also (1) any information copied or 21 extracted from Protected Material; (2) all copies, excerpts, summaries, or 22 compilations of Protected Material; and (3) any testimony, conversations, or 23 presentations by Parties or their Counsel that might reveal Protected Material. Any 24 use of Protected Material at trial shall be governed by the orders of the trial judge. 25 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 1 CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY, 2 or maintained pursuant to this protective order, used or introduced as an exhibit at 3 trial becomes public and will be presumptively available to all members of the 4 public, including the press, unless compelling reasons supported by specific factual 5 findings to proceed otherwise are made to the trial judge in advance of the trial. 6 See Kamakana,

(distinguishing “good cause” showing for 7 sealing documents produced in discovery from “compelling reasons” standard 8 when merits-related documents are part of court record). Accordingly, the terms of 9 this protective order do not extend beyond the commencement of the trial. 10 5. DESIGNATING PROTECTED MATERIAL 11 5.1 Exercise of Restraint and Care in Designating Material for 12 Protection. Each Party or Non-Party that designates information or items for 13 protection under this Order must take care to limit any such designation to specific 14 material that qualifies under the appropriate standards. To the extent practicable, 15 the Designating Party must designate for protection only those parts of material, 16 documents, items or oral or written communications that qualify so that other 17 portions of the material, documents, items or communications for which protection 18 is not warranted are not swept unjustifiably within the ambit of this Order. 19 Designations with a higher confidentiality level when a lower level would 20 suffice are prohibited. Mass, indiscriminate or routinized designations are 21 prohibited. Designations that are shown to be clearly unjustified or that have been 22 made for an improper purpose (e.g., to unnecessarily encumber the case 23 development process or to impose unnecessary expenses and burdens on other 24 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 2 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 4 under this Order must be clearly so designated before the material is disclosed or 5 produced. 6 Designation in conformity with this Order requires: 7 (a) for information in documentary form (e.g., paper or electronic 8 documents, but excluding transcripts of depositions or other pretrial or trial 9 proceedings), that the Producing Party affix at a minimum, the legend 10 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), or the legend 11 “HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY” (hereinafter 12 “HIGHLY CONFIDENTIAL legend”) to at least the first page of the document 13 that contains Protected Material. If only a portion or portions of the material on a 14 page qualifies for protection, the Producing Party also must clearly identify the 15 protected portion(s) (e.g., by making appropriate markings in the margins). 16 A Party or Non-Party that makes original documents available for inspection 17 need not designate them for protection until after the inspecting Party has indicated 18 which documents it would like copied and produced. During the inspection and 19 before the designation, all of the material made available for inspection shall be 20 deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the 21 inspecting Party has identified the documents it wants copied and produced, the 22 Producing Party must determine which documents, or portions thereof, qualify for 23 protection under this Order. Then, before producing the specified documents, the 24 Producing Party must affix the CONFIDENTIAL legend or HIGHLY 25 CONFIDENTIAL legend to each page that contains Protected Material. If only a 26 portion of the material on a page qualifies for protection, the Producing Party also 27 must clearly identify the protected portion(s) (e.g., by making appropriate 28 1 markings in the margins). 2 (b) for testimony given in deposition or other proceeding, the Designating 3 Party shall specify all protected testimony and the level of protection being 4 asserted or, in the alternative, may designate on the record at the deposition that the 5 entire transcript be designated CONFIDENTIAL or HIGHLY CONFIDENTIAL – 6 ATTORNEY EYES ONLY. If the Designating Party designates the entire 7 transcript CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEY EYES 8 ONLY, within 21 days after the final transcript is available, the Designating Party 9 must provide written notice to the other party specifically identifying by page and 10 line number all portions of the transcript that should be treated as 11 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY EYES 12 ONLY” in accordance with this Stipulated Protective Order, otherwise the entire 13 transcript will be de-designated and not afforded any protection as including 14 confidential information. The Producing Party will have the right to exclude from 15 attendance at a deposition, during such time as the Protected Material is to be 16 disclosed, any person other than the deponent, counsel, the court reporter, the 17 videographer, designated experts, and any person(s) agreed upon by counsel for the 18 Producing Party. 19 (c) for information produced in some form other than documentary and 20 for any other tangible items, that the Producing Party affix in a prominent place on 21 the exterior of the container or containers in which the information is stored the 22 legend “CONFIDENTIAL” or legend “HIGHLY CONFIDENTIAL.” If only a 23 portion or portions of the information warrants protection, the Producing Party, to 24 the extent practicable, shall identify the protected portion(s). 25 5.3 Inadvertent Failures to Designate. If timely corrected, an 26 inadvertent failure to designate qualified information or items does not, standing 27 alone, waive the Designating Party’s right to secure protection under this Order for 28 1 such material. Upon timely correction of a designation, the Receiving Party must 2 make reasonable efforts to assure that the material is treated in accordance with the 3 provisions of this Order. 4 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 6 designation of confidentiality at any time that is consistent with the Court’s 7 Scheduling Order. 8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 9 resolution process under Local Rule 37-1 et seq. 10 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 11 joint stipulation pursuant to Local Rule 37-2. 12 6.4 The burden of persuasion in any such challenge proceeding shall be 13 on the Designating Party. Frivolous challenges, and those made for an improper 14 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 15 parties) may expose the Challenging Party to sanctions. Unless the Designating 16 Party has waived or withdrawn the confidentiality designation, all parties shall 17 continue to afford the material in question the level of protection to which it is 18 entitled under the Producing Party’s designation until the Court rules on the 19 challenge. 20 7. ACCESS TO AND USE OF PROTECTED MATERIAL 21 7.1 Basic Principles. A Receiving Party may use Protected Material that 22 is disclosed or produced by another Party or by a Non-Party in connection with this 23 Action only for prosecuting, defending or attempting to settle this Action. Such 24 Protected Material may be disclosed only to the categories of persons and under 25 the conditions described in this Order. When the Action has been terminated, a 26 Receiving Party must comply with the provisions of section 13 below (FINAL 27 DISPOSITION). 28 1 Protected Material must be stored and maintained by a Receiving Party at a 2 location and in a secure manner that ensures that access is limited to the persons 3 authorized under this Order. 4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. 5 Unless otherwise ordered by the court or permitted in writing by the 6 Designating Party, a Receiving Party may disclose any information or item 7 designated “CONFIDENTIAL” only to: 8 (a) the Receiving Party’s Outside Counsel of Record in this Action and 9 other attorneys from Outside Counsel of Record’s law firm, as well as employees 10 of said Outside Counsel of Record to whom it is reasonably necessary to disclose 11 the information for this Action; 12 (b) the officers, directors, and employees (including House Counsel) of 13 the Receiving Party to whom disclosure is reasonably necessary for this Action; 14 (c) Experts (as defined in this Order) of the Receiving Party to whom 15 disclosure is reasonably necessary for this Action and who have signed the 16 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 (d) the court and its personnel; 18 (e) court reporters and their staff; 19 (f) professional jury or trial consultants, mock jurors, and Professional 20 Vendors to whom disclosure is reasonably necessary for this Action and who have 21 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (g) the author or recipient of a document containing the information or a 23 custodian or other person who otherwise possessed or knew the information; 24 (h) during their depositions, witnesses, and attorneys for witnesses, in the 25 Action to whom disclosure is reasonably necessary provided: (1) the deposing 26 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 27 they will not be permitted to keep any confidential information unless they sign the 28 1 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 2 agreed by the Designating Party or ordered by the court. Pages of transcribed 3 deposition testimony or exhibits to depositions that reveal Protected Material may 4 be separately bound by the court reporter and may not be disclosed to anyone 5 except as permitted under this Stipulated Protective Order; and 6 (i) any mediator or settlement officer, and their supporting personnel, 7 mutually agreed upon by any of the parties engaged in settlement discussions. 8 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ 9 EYES ONLY” Information or Items. Unless permitted in writing by the 10 Designating Party, a receiving party may disclose material designated HIGHLY 11 CONFIDENTIAL – ATTORNEYS’ EYES ONLY without further approval only 12 to: 13 (a) The Receiving Party’s Outside Counsel of Record in this action and 14 other attorneys from Outside Counsel of Record’s law firm and employees of 15 Outside Counsel of Record to whom it is reasonably necessary to disclose the 16 information for this Action; 17 (b) Experts (as defined in this Order) of the Receiving Party to whom 18 disclosure is reasonably necessary for this Action and who have signed the 19 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (c) the Court and its personnel; 21 (d) court reporters and their staff; 22 (e) professional jury or trial consultants, and Professional Vendors to 23 whom disclosure is reasonably necessary, and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and 25 (f) the author or recipient of a document containing the material, or a 26 custodian or other person who otherwise possessed or knew the information; 27 (g) any mediator or settlement officer, and their supporting personnel, 28 1 mutually agreed upon by any of the parties engaged in settlement discussions. 2 7.4 Procedures for Approving or Objecting to Disclosure of 3 “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY” Material to 4 Experts. 5 (a) A party seeking to disclose to an expert retained by Outside Counsel 6 of Record any information or item that has been designated “CONFIDENTIAL” or 7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” must first (1) set 8 forth the full name of the expert and the city and state of his or her primary 9 residence, (2) attach a copy of the expert’s current resume, (3) identify the expert’s 10 current employer(s), (4) identify each person or entity from whom the expert has 11 received compensation or funding for work in his or her areas of expertise 12 (including in connection with litigation) in the past five years, and (5) identify (by 13 name and number of the case, filing date, and location of court) any litigation 14 where the expert has offered expert testimony, including by declaration, report, or 15 testimony at deposition or trial, in the past five years. If the expert believes any of 16 this information at (3) - (5) is subject to a confidentiality obligation to a third party, 17 then the expert should provide whatever information the expert believes can be 18 disclosed without violating any confidentiality agreements, and the party seeking 19 to disclose the information to the expert shall be available to meet and confer with 20 the Designating Party regarding any such confidentiality obligations. 21 (b) A party that makes a request and provides the information specified in 22 Section 7.4(a) may disclose the designated material to the identified expert unless, 23 within seven days of delivering the request, the party receives a written objection 24 from the Designating Party providing detailed grounds for the objection. 25 (c) A Party that receives a timely written objection (“Objecting Party”) 26 must meet and confer with the Designating Party (through direct voice-to-voice 27 dialogue) to try to resolve the matter by agreement within seven days of the written 28 1 objection. If no agreement is reached, the Party objecting to the disclosure to the 2 Expert may file a motion as provided under L.R. 37-1 through L.R. 37-4. 3 (d) In any such proceeding, the Party opposing disclosure to the Expert 4 shall bear the burden of proving that the risk of harm that the disclosure would 5 entail (under the safeguards proposed) outweighs the Receiving Party’s need to 6 disclose the Protected Material to its Expert. 7 (e) Unless the Objecting Party has waived or withdrawn the 8 confidentiality designation, the material in question shall not be disclosed to the 9 relevant expert until the Court rules on the objection. 10 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 11 IN OTHER LITIGATION 12 If a Party is served with a subpoena or a court order issued in other litigation 13 that compels disclosure of any information or items designated in this Action as 14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 15 ONLY,” that Party must: 16 8.1 Promptly notify in writing the Designating Party. Such 17 notification shall include a copy of the subpoena or court order; 18 8.2 Promptly notify in writing the party who caused the subpoena or 19 order to issue in the other litigation that some or all of the material covered by the 20 subpoena or order is subject to this Protective Order. Such notification shall 21 include a copy of this Stipulated Protective Order; and 22 8.3 Cooperate with respect to all reasonable procedures sought to be 23 pursued by the Designating Party whose Protected Material may be affected. 24 If the Designating Party timely seeks a protective order, the Party served 25 with the subpoena or court order shall not produce any information designated in 26 this action as Protected Material before a determination by the court from which 27 the subpoena or order issued, unless the Party has obtained the Designating Party’s 28 1 permission. The Designating Party shall bear the burden and expense of seeking 2 protection in that court of its confidential material and nothing in these provisions 3 should be construed as authorizing or encouraging a Receiving Party in this Action 4 to disobey a lawful directive from another court. 5 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 6 PRODUCED IN THIS LITIGATION 7 9.1 The terms of this Order are applicable to information produced 8 by a Non-Party in this Action and designated as “CONFIDENTIAL” or 9 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information 10 produced by Non-Parties in connection with this litigation is protected by the 11 remedies and relief provided by this Order. Nothing in these provisions should be 12 construed as prohibiting a Non-Party from seeking additional protections. 13 9.2 In the event that a Party is required, by a valid discovery request, 14 to produce a Non-Party’s confidential information in its possession, and the 15 Party is subject to an agreement with the Non-Party not to produce the Non-Party’s 16 confidential information, then the Party shall: 17 (a) promptly notify in writing the Requesting Party and the Non- 18 Party that some or all of the information requested is subject to a confidentiality 19 agreement with a Non-Party; 20 (b) promptly provide the Non-Party with a copy of the Stipulated 21 Protective Order in this Action, the relevant discovery request(s), and a reasonably 22 specific description of the information requested; and 23 (c) make the information requested available for inspection by the 24 Non-Party, if requested. 25 9.3 If the Non-Party fails to seek a protective order from this court 26 within 14 days of receiving the notice and accompanying information, the 27 Receiving Party may produce the Non-Party’s confidential information responsive 28 1 to the discovery request. If the Non-Party timely seeks a protective order, the 2 Receiving Party shall not produce any information in its possession or control that 3 is subject to the confidentiality agreement with the Non-Party before a 4 determination by the court. Absent a court order to the contrary, the Non-Party 5 shall bear the burden and expense of seeking protection in this court of its 6 Protected Material. 7 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 8 If a Receiving Party learns that, by inadvertence or otherwise, it has 9 disclosed Protected Material to any person or in any circumstance not authorized 10 under this Stipulated Protective Order, the Receiving Party must immediately (a) 11 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 12 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 13 the person or persons to whom unauthorized disclosures were made of all the terms 14 of this Order, and (d) request such person or persons to execute the 15 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 18 PROTECTED MATERIAL 19 The inadvertent production of information that is subject to the attorney- 20 client privilege or work-product doctrine, or any other applicable privilege that 21 protects such material from is not a waiver of the attorney-privilege, or work- 22 product doctrine, or other applicable privilege or protection from discovery in this 23 case or in any other federal or state proceeding. This Order shall be interpreted to 24 provide the maximum protection allowed by Federal Rule of Evidence 502. 25 If a Party through inadvertence produces or provides Disclosure or 26 Discovery Material which it believes is subject to a claim of an applicable 27 privilege, the Producing Party may give written notice to the Receiving Party that 28 1 the Disclosure or Discovery Material is subject to a claim of privilege and request 2 that it be returned to the Producing Party. If a Producing Party or Non-Party 3 requests the return, pursuant to this paragraph, of any Disclosure or Discovery 4 Material, the Receiving Party shall not use or disclose, and shall immediately 5 return to the Producing Party all copies of such Disclosure or Discovery Material 6 or confirm that all copies have been destroyed. Return of the Disclosure or 7 Discovery Material by the Receiving Party shall not constitute an admission or 8 concession, or permit any inference, that the returned Disclosure or Discovery 9 Material is, in fact, properly subject to a claim of privilege nor shall it foreclose 10 any Party from moving the court for an order that such Disclosure or Discovery 11 Material has been improperly designated for reasons other than a waiver caused by 12 the inadvertent production. 13 12. MISCELLANEOUS 14 12.1 Right to Further Relief. Nothing in this Order abridges the right of 15 any person to seek its modification by the Court in the future. The Court retains 16 jurisdiction to make any amendments, modifications and additions to this 17 Protective Order as it may from time to time deem appropriate. 18 12.2 Right to Assert Other Objections. By stipulating to the entry of this 19 Protective Order, no Party waives any right it otherwise would have to object to 20 disclosing or producing any information or item on any ground not addressed in 21 this Stipulated Protective Order. Similarly, no Party waives any right to object on 22 any ground to use in evidence of any of the material covered by this Protective 23 Order. 24 12.3 Filing Protected Material. A Party that seeks to file under seal any 25 Protected Material must comply with Local Civil Rule 79-5. Protected Material 26 may only be filed under seal pursuant to a court order authorizing the sealing of the 27 specific Protected Material at issue. If a Party’s request to file Protected Material 28 1 under seal is denied by the court, then the Receiving Party may file the information 2 in the public record unless otherwise instructed by the court. 3 13. FINAL DISPOSITION 4 After the final disposition of this Action, as defined in paragraph 4, within 5 60 days of a written request by the Designating Party, each Receiving Party must 6 return all Protected Material to the Producing Party or destroy such material. As 7 used in this subdivision, “all Protected Material” includes all copies, abstracts, 8 compilations, summaries, and any other format reproducing or capturing any of the 9 Protected Material. Whether the Protected Material is returned or destroyed, upon 10 request of a Designating Party, the Receiving Party must submit a written 11 certification to the Producing Party (and, if not the same person or entity, to the 12 Designating Party) by the 60 day deadline that (1) identifies (by category, where 13 appropriate) all the Protected Material that was returned or destroyed and (2) 14 affirms that the Receiving Party has not retained any copies, abstracts, 15 compilations, summaries or any other format reproducing or capturing any of the 16 Protected Material. Notwithstanding this provision, Counsel are entitled to retain 17 an archival copy of all pleadings, motion papers, trial, deposition, and hearing 18 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 19 reports, attorney work product, and consultant and expert work product, even if 20 such materials contain Protected Material. Any such archival copies that contain 21 or constitute Protected Material remain subject to this Protective Order as set forth 22 in Section 4 (DURATION). 23 14. VIOLATION 24 Any violation of this Order may be punished by appropriate measures 25 including, without limitation, contempt proceedings and/or monetary sanctions. 26

27

28 1 2 DATED: October 21, 2020 HAYNES AND BOONE, LLP 3 4 By: /s/Andrea Levenson Mark D. Erickson 5 Andrea Levenson Attorneys for Defendant ECA 6 Marketing, Inc. 7 DATED: October 21, 2020 KAZEROUNI LAW GROUP, APC 8 9 By: /s/Yana A. Hart Abbas Kazerounian 10 Yana A. Hart Attorneys for Plaintiff Ryan Odom 11 12 Good cause appearing therefor, 13 14 IT IS SO ORDERED. 15 16 DATED: __O__c_to_b_e_r_ 2_1_,_ 2_0_2_0____ __________________________________ 17 United States District/Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 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 5 perjury that I have read in its entirety and understand the Stipulated Protective 6 Order that was issued by the United States District Court for the Central District 7 of California on [date] in the case of Ryan Odom v. ECA Marketing, Inc., No. 8 5:20-cv-00851-JGB (SHKx). I agree to comply with and to be bound by all the 9 terms of this Stipulated Protective Order and I understand and acknowledge that 10 failure to so comply could expose me to sanctions and punishment in the nature of 11 contempt. I solemnly promise that I will not disclose in any manner any 12 information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. I 14 further agree to submit to the jurisdiction of the United States District Court for 15 the Central District of California for enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of 17 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 21 with this action or any proceedings related to enforcement of this Stipulated 22 Protective Order. 23 Date: _________________________ 24 City and State where sworn and signed: _______________________________ 25 Printed name: __________________________________ 26 27 Signature: _____________________________________ 28