BLAKELEY LLP 1 Scott E. Blakeley (Bar No. 141418) 2 [email protected] 3 Sean Lowe (Bar No. 295653) [email protected] 4 18500 Von Karman Ave, Suite 530 5 Irvine, California 92612 Telephone: (949) 260-0611 6 Fax: (949) 260-0613 7 Attorneys for Plaintiff 8 Sherrill Furniture Company

9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 SHERRILL FURNITURE COMPANY, Case No. 2:20-cv-06801 SVW (JEMx) 13 Plaintiff, 14 DISCOVERY MATTER v. 15 HERBERT D. BUTTERCUP L.P. d/b/a STIPULATED PROTECTIVE 16 HD BUTTERCUP, ORDER 17 Defendant.

18

19

20 21

22 23 24 25 26 27 28 1 1. INTRODUCTION 2 1.1 PURPOSES AND LIMITATIONS 3 Discovery in this action is likely to involve production of confidential, 4 proprietary, or private information for which special protection from public 5 disclosure and from use for any purpose other than prosecuting this litigation may 6 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 7 8 enter the following Stipulated Protective Order. The parties acknowledge that this 9 Order does not confer blanket protections on all disclosures or responses to 10 discovery and that the protection it affords from public disclosure and use extends 11 only to the limited information or items that are entitled to confidential treatment 12 under the applicable legal principles. The parties further acknowledge, as set forth 13 in Section 11.3, below, that this Stipulated Protective Order does not entitle them to 14 file confidential information under seal; Civil Local Rule 79-5 sets forth the 15 procedures that must be followed and the standards that will be applied when a party 16 seeks permission from the court to file material under seal. 17 1.2 GOOD CAUSE STATEMENT 18 This action is likely to involve customer and pricing lists and other valuable 19 20 research, development, commercial, financial, technical and/or proprietary 21 information for which special protection from public disclosure and from use for any 22 purpose other than prosecution of this action is warranted. Such confidential and 23 proprietary materials and information consist of, among other things, confidential 24 business or financial information, information regarding confidential business 25 practices, or other confidential research, development, or commercial information 26 (including information implicating privacy rights of third parties), information 27 otherwise generally unavailable to the public, or which may be privileged or 28 otherwise protected from disclosure under state or federal statutes, court rules, case 1 decisions, or common law. Accordingly, to expedite the flow of information, to 2 facilitate the prompt resolution of disputes over confidentiality of discovery 3 materials, to adequately protect information the parties are entitled to keep 4 confidential, to ensure that the parties are permitted reasonable necessary uses of 5 such material in preparation for and in the conduct of trial, to address their handling 6 at the end of the litigation, and serve the ends of justice, a protective order for such 7 information is justified in this matter. It is the intent of the parties that information 8 will not be designated as confidential for tactical reasons and that nothing be so 9 designated without a good faith belief that it has been maintained in a confidential, 10 non-public manner, and there is good cause why it should not be part of the public 11 record of this case. 12 2. DEFINITIONS 13 a. Action: Sherrill Furniture Company v. Herbert D. Buttercup, L.P., 14 Case No.: 2:20-cv-06801 SVW (JEMx). 15 b. Challenging Party: a Party or Non-Party that challenges the designation 16 of information or items under this Order. 17 c. “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEY’S EYES 18 ONLY” Information or Items: information (regardless of how it is 19 20 generated, stored or maintained) or tangible things that qualify for 21 protection under Federal Rule of Civil Procedure 26(c), and as specified 22 above in the Good Cause Statement. 23 d. Counsel: Outside Counsel of Record and House Counsel (as well as 24 their support staff). 25 e. Designating Party: a Party or Non-Party that designates information or 26 items that it produces in disclosures or in responses to discovery as 27 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEY’S EYES 28 ONLY”. 1 f. Disclosure or Discovery Material: all items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained 3 (including, among other things, testimony, transcripts, and tangible 4 things), that are produced or generated in disclosures or responses to 5 discovery in this matter. 6 g. Expert: a person with specialized knowledge or experience in a matter 7 pertinent to the litigation who has been retained by a Party or its counsel 8 to serve as an expert witness or as a consultant in this Action. 9 h. House Counsel: attorneys who are employees of a party to this Action. 10 House Counsel does not include Outside Counsel of Record or any 11 other outside counsel. 12 i. Non-Party: any natural person, partnership, corporation, association, or 13 other legal entity not named as a Party to this action. 14 j. Outside Counsel of Record: attorneys who are not employees of a party 15 to this Action but are retained to represent or advise a party to this 16 Action and have appeared in this Action on behalf of that party or are 17 affiliated with a law firm which has appeared on behalf of that party, 18 and includes support staff. 19 20 k. Party: any party to this Action, including all of its officers, directors, 21 employees, consultants, retained experts, mock jurors, and Outside 22 Counsel of Record (and their support staffs). 23 l. Producing Party: a Party or Non-Party that produces Disclosure or 24 Discovery Material in this Action. 25 m. Professional Vendors: persons or entities that provide litigation support 26 services (e.g., photocopying, videotaping, translating, preparing 27 exhibits or demonstrations, and organizing, storing, or retrieving data 28 in any form or medium) and their employees and subcontractors. 1 n. Protected Material: any Disclosure or Discovery Material that is 2 designated as “CONFIDENTIAL” or “CONFIDENTIAL – 3 ATTORNEYS’ EYES ONLY”. 4 o. Receiving Party: a Party that receives Disclosure or Discovery Material 5 from a Producing Party. 6 3. SCOPE 7 The protections conferred by this Stipulation and Order cover not only 8 Protected Material (as defined above), but also (1) any information copied or 9 extracted from Protected Material; (2) all copies, excerpts, summaries, or 10 compilations of Protected Material; and (3) any testimony, conversations, or 11 presentations by Parties or their Counsel that might reveal Protected Material. 12 Any use of Protected Material at trial shall be governed by the orders of the 13 trial judge. This Order does not govern the use of Protected Material at trial. 14 4. DURATION 15 Once a case proceeds to trial, all of the information that was designated as 16 confidential or maintained pursuant to this protective order becomes public and will 17 be presumptively available to all members of the public, including the press, unless 18 compelling reasons supported by specific factual findings to proceed otherwise are 19 20 made to the trial judge in advance of the trial. See Kamakana v. City and County of 21 Honolulu,

(9th Cir. 2006) (distinguishing “good cause” 22 showing for sealing documents produced in discovery from “compelling reasons” 23 standard when merits-related documents are part of court record). Accordingly, the 24 terms of this protective order do not extend beyond the commencement of the trial 25 in the Action and the Designating Party should seek an appropriate court order for 26 handling Protected Material at trial. 27 28 1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection 4 under this Order must take care to limit any such designation to specific material 5 that qualifies under the appropriate standards. The Designating Party must designate 6 for protection only those parts of material, documents, items, or oral or written 7 8 communications that qualify, e.g., by indicating which lines on a page contain 9 Confidential Information, so that other portions of the material, documents, items, 10 or communications for which protection is not warranted are not swept unjustifiably 11 within the ambit of this Order. 12 Mass, indiscriminate, or routinized designations are prohibited. Designations 13 that are shown to be clearly unjustified or that have been made for an improper 14 purpose (e.g., to unnecessarily encumber the case development process or to impose 15 unnecessary expenses and burdens on other parties) may expose the Designating 16 Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 5.2 Manner and Timing of Designations. 21 22 Except as otherwise provided in this Order (see, e.g., second paragraph of 23 section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery 24 Material that qualifies for protection under this Order must be clearly so designated 25 before the material is disclosed or produced. 26 Designation in conformity with this Order requires: 27 a. for information in documentary form (e.g., paper or electronic 28 documents, but excluding transcripts of depositions or other pretrial or trial 1 proceedings), that the Producing Party affix at a minimum, the legend 2 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. 3 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected 4 material. If only a portion or portions 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” or, if requested by the Designating Party, 12 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. After the inspecting Party has 13 identified the documents it wants copied and produced, the Producing Party must 14 determine which documents, or portions thereof, qualify for protection under this 15 Order. Then, before producing the specified documents, the Producing Party must 16 affix the “CONFIDENTIAL legend” to each page that contains Protected Material. 17 If only a portion or portions of the material on a page qualifies for protection, the 18 Producing Party also must clearly identify the protected portion(s) (e.g., by making 19 20 appropriate markings in the margins). 21 b. for testimony given in depositions that the Designating Party identify 22 the Disclosure or Discovery Material on the record, before the close of the deposition 23 all protected testimony. 24 c. for information produced in some form other than documentary and for 25 any other tangible items, that the Producing Party affix in a prominent place on the 26 exterior of the container or containers in which the information is stored the legend 27 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. If 28 1 only a portion or portions of the information warrants protection, the Producing 2 Party, to the extent practicable, shall identify the protected portion(s). 3 d. Counsel for the parties shall make reasonable efforts to prevent 4 unauthorized or inadvertent disclosure of Protected Material. Counsel shall maintain 5 the originals of the forms signed by persons acknowledging their obligations under 6 this Order for a period of three years after the termination of the case. 7 5.3 Inadvertent Failures to Designate. 8 9 If corrected within 45 days, an inadvertent failure to designate qualified 10 information or items does not, standing alone, waive the Designating Party’s right 11 to secure protection under this Order for such material. Upon correction of a 12 designation within 45 days, the Receiving Party must make reasonable efforts to 13 assure that the material is treated in accordance with the provisions of this Order. No 14 party shall be found to have violated this Order for failing to maintain the 15 confidentiality of a document during a time when that document has not been 16 designated Protected Material, even where the failure to so designate was inadvertent 17 and where the document is subsequently designated Protected Material. 18 5.4 Inadvertent Production. 19 20 Inadvertent or mistaken production of documents subject to work-product 21 immunity, the attorney-client privilege, or other legal privilege protecting 22 information from discovery, shall not constitute a waiver of the immunity or 23 privilege, provided that the Designating Party shall notify the Receiving Party in 24 writing of the discovery of the inadvertent or mistaken disclosure. Upon receipt of 25 such written notice, the receiving party must promptly return, sequester, or destroy 26 the specified information and any copies it has; must not use or disclose the 27 information; and must take reasonable steps to retrieve the information if the party 28 disclosed it before being notified. 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. 3 Any Party or Non-Party may challenge a designation of confidentiality at any 4 time that is consistent with the Court’s Scheduling Order. All such challenges shall 5 be made in good faith. Unless a prompt challenge to a Designating Party’s 6 confidentiality designation is necessary to avoid foreseeable, substantial unfairness, 7 8 unnecessary economic burdens, or a significant disruption or delay of the litigation, 9 a Party does not waive its right to challenge a confidentiality designation by electing 10 not to mount a challenge promptly after the original designation is disclosed. 11 6.2 Meet and Confer. 12 The Challenging Party shall initiate the dispute resolution process under Local 13 Rule 37-1 et seq. The parties shall attempt to resolve each challenge in good faith 14 and must begin the process by conferring directly (in voice to voice dialogue; other 15 forms of communication are not sufficient) within 14 days of the date of service of 16 notice. In conferring, the challenging party must explain the basis for its belief that 17 the designation was not proper and must give the Designating Party an opportunity 18 to review the designated document, to reconsider the designation, and, if no change 19 20 in designation is offered, to explain the basis for the designation. 21 6.3 Burden on Designating Party 22 If the Parties cannot resolve a challenge without court intervention, the 23 Designating Party shall prepare a joint stipulation under Local Rule 37.1 et seq. and 24 serve it on the Challenging Party within 21 days of the initial notice of challenge or 25 within 14 days of the parties agreeing that the meet and confer process will not 26 resolve their dispute, whichever is earlier. Each such joint stipulation must be 27 accompanied by a competent declaration affirming that the Designating Party has 28 1 complied with the meet and confer requirements imposed in the preceding 2 paragraph. Failure by the Designating Party to serve such a joint stipulation, 3 including the required declaration within 21 days (or 14 days, if applicable), shall 4 automatically waive the confidentiality designation for each challenged designation. 5 In addition, the Challenging Party may file a motion challenging a confidentiality 6 designation at any time if there is good cause for doing so, including a challenge to 7 the designation of a deposition transcript or any portions thereof. 8 The burden of persuasion in any such challenge proceeding shall be on the 9 Designating Party. Frivolous challenges, and those made for an improper purpose 10 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 11 expose the Challenging Party to sanctions. Unless the Designating Party has waived 12 or withdrawn the confidentiality designation, all parties shall continue to afford the 13 material in question the level of protection to which it is entitled under the 14 Designating Party’s designation until the Court rules on the challenge. 15 16 6.4 De-Designated Material 17 Any Protected Material from which the Designating Party has removed the 18 designation following review or from which the Court has removed the designation 19 pursuant to this Section 6, shall not thereafter be subject to this Order or any of its 20 requirements, unless it should thereafter be determined by the Court that the basis 21 for the de-designation was the result of wrongful conduct by the challenging Party 22 or a third party. 23 7. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1 Basic Principles. 25 26 A Receiving Party may use Protected Material that is disclosed or produced 27 by another Party or by a Non-Party in connection with this Action only for 28 prosecuting, defending, or attempting to settle this Action. Such Protected Material 1 may be disclosed only to the categories of persons and under the conditions 2 described in this Order. When the Action has been terminated, a Receiving Party 3 must comply with the provisions of section 12 below (FINAL DISPOSITION). 4 Protected Material must be stored and maintained by a Receiving Party at a location 5 and in a secure manner that ensures that access is limited to the persons authorized 6 under this Order. 7 7.2 Disclosure of “CONFIDENTIAL” Information or Items. 8 9 a. Unless otherwise ordered by the court or permitted in writing by the 10 Designating Party, a Receiving Party may disclose any information or item 11 designated “CONFIDENTIAL” (but not “CONFIDENTIAL – 12 ATTORNEY’S EYES ONLY”) only to: 13 i. the Receiving Party’s Outside Counsel of Record in this Action, 14 as well as employees of said Outside Counsel of Record to whom 15 it is reasonably necessary to disclose the information for this 16 Action; the officers, directors, and employees (including House 17 Counsel) of the Receiving Party to whom disclosure is 18 reasonably necessary for this Action; 19 ii. Experts (as defined in this Order) of the Receiving Party to whom 20 disclosure is reasonably necessary for this Action and who have 21 signed the “Acknowledgment and Agreement to Be Bound” 22 (Exhibit A); 23 iii. the court and its personnel; 24 iv. court reporters and their staff; 25 v. professional jury or trial consultants, mock jurors, and 26 Professional Vendors to whom disclosure is reasonably 27 28 1 necessary for this Action and who have signed the 2 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 vi. the author or recipient of a document containing the information 4 or a custodian or other person who otherwise possessed or knew 5 the information; 6 vii. during their depositions, witnesses ,and attorneys for witnesses, 7 in the Action to whom disclosure is reasonably necessary 8 provided: (1) the deposing party requests that the witness sign 9 the form attached as Exhibit A hereto; and (2) they will not be 10 permitted to keep any confidential information unless they sign 11 the “Acknowledgment and Agreement to Be Bound” (Exhibit 12 A), unless otherwise agreed by the Designating Party or ordered 13 by the court. Pages of transcribed deposition testimony or 14 exhibits to depositions that reveal Protected Material may be 15 separately bound by the court reporter and may not be disclosed 16 to anyone except as permitted under this Stipulated Protective 17 Order; and 18 viii. any mediator or settlement officer, and their supporting 19 20 personnel, mutually agreed upon by any of the parties engaged 21 in settlement discussions. 22 b. Access to Confidential Information designated as “CONFIDENTIAL - 23 ATTORNEYS’ EYES ONLY,” and any copies thereof, and any information 24 obtained from inspecting such Confidential Information and notes made 25 therefrom, and shall be limited to the following persons: 26 i. Receiving Party’s Outside Counsel of Record in this Action, and 27 their non-lawyer support personnel. Such support personnel 28 include, but are not limited to, clerical and administrative 1 workers, paralegals and other persons employed or retained by 2 counsel who may assist counsel in providing litigation support, 3 provided that any such support personnel not regularly employed 4 by counsel of record also must have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A). 6 All such support personnel shall comply with all other 7 requirements set forth herein. Persons providing investigative 8 services or substantive input to a party under no circumstances 9 shall be deemed support personnel. 10 ii. Independent personnel retained or consulted by outside counsel 11 for the parties to furnish consulting, investigative, technical or 12 other consulting or expert services or to give expert testimony 13 who have signed the “Acknowledgment and Agreement to Be 14 Bound” (Exhibit A). 15 iii. The Court, jury, court personnel, court reporters, mediators, and 16 similar personnel. 17 iv. Contractors specifically engaged for the limited purpose of 18 making copies of documents or organizing or processing 19 20 documents, including outside vendors hired to process 21 electronically-stored information, who have signed the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A). 23 v. During their depositions, witnesses in this action to whom 24 disclosure is reasonably necessary who have signed the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A). 26 Witnesses shall not retain a copy of documents containing 27 Protected Material, except witnesses may receive a copy of all 28 exhibits marked at their depositions in connection with review of 1 the transcripts. Pages of transcribed deposition testimony or 2 exhibits to depositions that are designated as Protected Material 3 pursuant to the process set out in this Order must be separately 4 bound by the court reporter and may not be disclosed to anyone 5 except as permitted under this Order. 6 vi. The author or recipient of the document (but not including a 7 person who received the document in the course of litigation) 8 who has signed the “Acknowledgment and Agreement to Be 9 Bound” (Exhibit A). Such persons shall not be permitted to keep 10 any copies of the Protected Material. 11 vii. Any other person with the prior written consent of the 12 Designating Party or prior order of the Court, who has signed the 13 “Acknowledgment and Agreement to Be Bound” (Exhibit A). 14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 15 PRODUCED IN OTHER LITIGATION 16 If a Party is served with a subpoena or a court order issued in other litigation 17 that compels disclosure of any information or items designated in this Action as 18 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that 19 20 Party must: 21 a. promptly notify in writing the Designating Party. Such notification 22 shall include a copy of the subpoena or court order; 23 b. promptly notify in writing the party who caused the subpoena or order 24 to issue in the other litigation that some or all of the material covered 25 by the subpoena or order is subject to this Protective Order. Such 26 notification shall include a copy of this Stipulated Protective Order; and 27 28 1 c. cooperate with respect to all reasonable procedures sought to be 2 pursued by the Designating Party whose Protected Material may be 3 affected. 4 If the Designating Party timely seeks a protective order, the Party served with 5 the subpoena or court order shall not produce any information designated in this 6 action as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 7 ONLY” before a determination by the court from which the subpoena or order 8 issued, unless the Party has obtained the Designating Party’s permission. The 9 Designating Party shall bear the burden and expense of seeking protection in that 10 court of its confidential material and nothing in these provisions should be construed 11 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 12 directive from another court. 13 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 14 PRODUCED IN THIS LITIGATION 15 a. The terms of this Order are applicable to information produced by a 16 Non-Party in this Action and designated as “CONFIDENTIAL” or 17 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such 18 information produced by Non-Parties in connection with this litigation 19 20 is protected by the remedies and relief provided by this Order. Nothing 21 in these provisions should be construed as prohibiting a Non-Party from 22 seeking additional protections. 23 b. In the event that a Party is required, by a valid discovery request, to 24 produce a Non-Party’s confidential information in its possession, and 25 the Party is subject to an agreement with the Non-Party not to produce 26 the Non-Party’s confidential information, then the Party shall: 27 28 1 i. promptly notify in writing the Requesting Party and the Non- 2 Party that some or all of the information requested is subject to a 3 confidentiality agreement with a Non-Party; 4 ii. promptly provide the Non-Party with a copy of the Stipulated 5 Protective Order in this Action, the relevant discovery request(s), 6 and a reasonably specific description of the information 7 requested; and 8 iii. make the information requested available for inspection by the 9 Non-Party, if requested. 10 c. If the Non-Party fails to seek a protective order from this court within 11 14 days of receiving the notice and accompanying information, the 12 Receiving Party may produce the Non-Party’s confidential information 13 responsive to the discovery request. If the Non-Party timely seeks a 14 protective order, the Receiving Party shall not produce any information 15 in its possession or control that is subject to the confidentiality 16 agreement with the Non-Party before a determination by the court. 17 Absent a court order to the contrary, the Non-Party shall bear the burden 18 and expense of seeking protection in this court of its Protected Material. 19 20 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 22 Protected Material to any person or in any circumstance not authorized under this 23 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 24 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 25 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 26 or persons to whom unauthorized disclosures were made of all the terms of this 27 Order, and (d) request such person or persons to execute the “Acknowledgment and 28 Agreement to Be Bound” that is attached hereto as Exhibit A. 1 11. MISCELLANEOUS 2 11.1 Right to Further Relief. 3 Nothing in this Order abridges the right of any person to seek its modification 4 by the Court in the future. 5 6 11.2 Right to Assert Other Objections. 7 By stipulating to the entry of this Protective Order no Party waives any right 8 it otherwise would have to object to disclosing or producing any information or item 9 on any ground not addressed in this Stipulated Protective Order. Similarly, no Party 10 waives any right to object on any ground to use in evidence of any of the material 11 covered by this Protective Order or to seek a further order of the Court with respect 12 to the use and/or disclosure of its Protected Material at trial. 13 14 11.3 Filing Protected Material. 15 A Party that seeks to file under seal any Protected Material must comply with 16 Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to 17 a court order authorizing the sealing of the specific Protected Material at issue. If a 18 Party's request to file Protected Material under seal is denied by the court, then the 19 Receiving Party may file the information in the public record unless otherwise 20 instructed by the court. 21 11.4 Action by the Court. 22 23 Applications to the Court for an order relating to Protected Material shall be 24 by motion. Nothing in this Order or any action or agreement of a party under this 25 Order limits the Court’s power to make orders concerning the disclosure of 26 documents produced in discovery or at trial. 27 28 1 12. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 4, within 60 3 days of a written request by the Designating Party, each Receiving Party must return 4 all Protected Material to the Producing Party or destroy such material. As used in 5 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 6 summaries, and any other format reproducing or capturing any of the Protected 7 Material. Whether the Protected Material is returned or destroyed, the Receiving 8 Party must submit a written certification to the Producing Party (and, if not the same 9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 10 (by category, where appropriate) all the Protected Material that was returned or 11 destroyed and (2)affirms that the Receiving Party has not retained any copies, 12 abstracts, compilations, summaries or any other format reproducing or capturing any 13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 16 reports, attorney work product, and consultant and expert work product, even if such 17 materials contain Protected Material. Any such archival copies that contain or 18 constitute Protected Material remain subject to this Protective Order as set forth in 19 20 Section 4 (DURATION). 21 13. SIGNATURES 22 This Order shall take effect when entered by the Court and shall be binding 23 upon all counsel of record and their law firms, the Parties, and persons made subject 24 to this Order by its terms. Any violation of this Order may be punished by any and 25 all appropriate measures including, without limitation, contempt proceedings and/or 26 monetary sanctions. 27 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 28 | DATED: January 20, 2021 SEDDIGH ARBETTER LLP 2 3 By:_/s/Alicia M. Veglia Alicia M. Veglia 4 Frank Seddigh 5 6 Attorneys for Defendant Herbert D. Buttercup L.P. 7 8 | DATED: January 20, 2021 BLAKELEY LLP 9 10 By:_/s/ Sean J. Lowe Scott E. Blakeley 12 Sean J. Lowe 13 □□ Attorneys for Plaintiff 14 Sherrill Furniture Company 15 16 Pursuant to L.R. 5-4.3.4(a)(2)G), I attest that all other signatories listed, and 17 | on whose behalf this filing is submitted, concur in the filing’s content and have 18 | authorized the filing. 19 | DATED: January 20, 2021 20 /s/ Sean J. Lowe 1 Sean J. Lowe 22 23 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 24 95 | DATED:__1/25/21 26 ph EWeDeroly 27 | —___ vv SSeS 28 | United States BastrxetXMagistrate Judge

DTTT ATED PROTECTIVE ORDER

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], 6 declare under penalty of perjury that I have read in its entirety and understand the 7 Stipulated Protective Order that was issued by the United States District Court for 8 the Central District of California on ___________________[date] in the case of 9 Sherrill Furniture Company v. Herbert D. Buttercup, L.P., Case No.: 2:20-cv-06801. 10 I agree to comply with and to be bound by all the terms of this Stipulated Protective 11 Order and I understand and acknowledge that failure to so comply could expose me 12 to sanctions and punishment in the nature of contempt. I solemnly promise that I will 13 not disclose in any manner any information or item that is subject to this Stipulated 14 Protective Order to any person or entity except in strict compliance with the 15 provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court 17 for the Central District of California for the purpose of enforcing the terms of this 18 Stipulated Protective Order, even if such enforcement proceedings occur after 19 20 termination of this action. I hereby appoint __________________________ [print 21 or type full name] of _______________________________________ [print or type 22 full address and telephone number] as my California agent for service of process in 23 connection with this action or any proceedings related to enforcement of this 24 Stipulated Protective Order. 25 Date: ______________________________________ 26 City and State where sworn and signed: _________________________________ 27 Printed name: _______________________________ 28 Signature: __________________________________