1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 FINANCIAL MARKETING PROS, a California corporation Case No. 2:20-cv-9331-JFW Plaintiff, (MRWx) 12 v. STIPULATED PROTECTIVE 1S ORDER 4 RETIREMENT THRU DESIGN, a alifornia corporation; AARONSON, an individual; and (MRW VERSION 4/19) DOES 1-10, inclusive Check if submitted without 16 Defendants. material modifications to MRW form 17 1. INTRODUCTION 18 1.1 PURPOSES AND LIMITATIONS 19 Discovery in this action is likely to involve production of confidential, 20 || proprietary, or private information for which special protection from public 21 || disclosure and from use for any purpose other than prosecuting this litigation may 22 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 23 || enter the following Stipulated Protective Order. The parties acknowledge that this 24 || Order does not confer blanket protections on all disclosures or responses to 25 || discovery and that the protection it affords from public disclosure and use extends 26 || only to the limited information or items that are entitled to confidential treatment 27 || under the applicable legal principles. The parties further acknowledge, as set forth 28 || in Section 12.3, below, that this Stipulated Protective Order does not entitle them to

1 file confidential information under seal; Civil Local Rule 79-5 sets forth the 2 procedures that must be followed and the standards that will be applied when a party 3 seeks permission from the court to file material under seal. 4 1.2 GOOD CAUSE STATEMENT 5 The present Action centers around the development and broadcasting of radio 6 shows. The process of developing and broadcasting the radio shows includes 7 internal communication and pricing issues related to securing radio broadcasting air 8 time. This communication and financial information contains sensitive business 9 information. See Felix v. Davis Moreno Constr., Inc., No. CV F 07-0533 LJO GSA, 10

, at *1 (E.D. Cal. Aug. 1, 2008) (“A Court may order the sealing 11 of court records when they contain confidential or otherwise sensitive business 12 information.”); United States v. Celgene Corp., No. CV 10-3165 GHK (SS), 2016

, at *4 (C.D. Cal. Aug. 23, 2016) (business and marketing plans 14 reflecting “internal discussions and plans” are sealable). 15 Additionally, the radio shows are intended as marketing efforts to reach 16 potential customers, who themselves have sensitive financial information and 17 financial related communications for which Discovery Requests have been made. It 18 is anticipated that confidential and highly confidential documents and information 19 may be requested and provided. 20 Further, this case will also involve the receipt of information from third 21 parties, including radio stations. Some of this information may be subject to 22 confidentiality agreements and thus should be sealed. See Foltz v. State Farm Mut. 23 Auto Ins. Co.,

(9th Cir. 2003) (information subject to 24 confidentiality agreements may be sealed) 25 2. DEFINITIONS 26 2.1 Action: This pending federal lawsuit. 27 2.2 Challenging Party: a Party or Non-Party that challenges the 1 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 2 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. [Note: any request for a two-tiered, attorney-eyes- 5 only protective order that designates certain material as “Highly Confidential” 6 will require a separate and detailed showing of need.] 7 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 8 their support staff). 9 2.5 Designating Party: a Party or Non-Party that designates information or 10 items that it produces in disclosures or in responses to discovery as 11 “CONFIDENTIAL.” 12 2.6 Disclosure or Discovery Material: all items or information, regardless 13 of the medium or manner in which it is generated, stored, or maintained (including, 14 among other things, testimony, transcripts, and tangible things), that are produced or 15 generated in disclosures or responses to discovery in this matter. 16 2.7 Expert: a person with specialized knowledge or experience in a matter 17 pertinent to the litigation who has been retained by a Party or its counsel to serve as 18 an expert witness or as a consultant in this Action. 19 2.8 House Counsel: attorneys who are employees of a party to this Action. 20 House Counsel does not include Outside Counsel of Record or any other outside 21 counsel. 22 2.9 Non-Party: any natural person, partnership, corporation, association, or 23 other legal entity not named as a Party to this action. 24 2.10 Outside Counsel of Record: attorneys who are not employees of a 25 party to this Action but are retained to represent or advise a party to this Action and 26 have appeared in this Action on behalf of that party or are affiliated with a law firm 27 which has appeared on behalf of that party, and includes support staff. 1 employees, consultants, retained experts, and Outside Counsel of Record (and their 2 support staffs). 3 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 4 Discovery Material in this Action. 5 2.13 Professional Vendors: persons or entities that provide litigation 6 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 7 demonstrations, and organizing, storing, or retrieving data in any form or medium) 8 and their employees and subcontractors. 9 2.14 Protected Material: any Disclosure or Discovery Material that is 10 designated as “CONFIDENTIAL.” 11 2.15 Receiving Party: a Party that receives Disclosure or Discovery 12 Material from a Producing Party. 13 14 3. SCOPE 15 The protections conferred by this Stipulation and Order cover not only 16 Protected Material (as defined above), but also (1) any information copied or 17 extracted from Protected Material; (2) all copies, excerpts, summaries, or 18 compilations of Protected Material; and (3) any testimony, conversations, or 19 presentations by Parties or their Counsel that might reveal Protected Material. 20 Any use of Protected Material at trial will be governed by the orders of the 21 trial judge. This Order does not govern the use of Protected Material at trial. 22 23 4. DURATION 24 Even after final disposition of this litigation, the confidentiality obligations 25 imposed by this Order will remain in effect until a Designating Party agrees 26 otherwise in writing or a court order otherwise directs. Final disposition will be 27 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 1 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 2 including the time limits for filing any motions or applications for extension of time 3 pursuant to applicable law. 4 5 5. DESIGNATING PROTECTED MATERIAL 6 5.1 Exercise of Restraint and Care in Designating Material for Protection. 7 Each Party or Non-Party that designates information or items for protection 8 under this Order must take care to limit any such designation to specific material 9 that qualifies under the appropriate standards. The Designating Party must 10 designate for protection only those parts of material, documents, items, or oral or 11 written communications that qualify so that other portions of the material, 12 documents, items, or communications for which protection is not warranted are not 13 swept unjustifiably within the ambit of this Order. 14 Mass, indiscriminate, or routinized designations are prohibited. Designations 15 that are shown to be clearly unjustified or that have been made for an improper 16 purpose (e.g., to unnecessarily encumber the case development process or to impose 17 unnecessary expenses and burdens on other parties) may expose the Designating 18 Party to sanctions. 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 but excluding transcripts of depositions or other pretrial or trial proceedings), that 2 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 3 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 4 portion or portions of the material on a page qualifies for protection, the Producing 5 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 6 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 will 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, before 14 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 or portions of the material on a page qualifies for protection, the Producing 17 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 18 markings in the margins). 19 (b) for testimony given in depositions that the Designating Party identify the 20 Disclosure or Discovery Material on the record, before the close of the deposition all 21 protected testimony. 22 (c) for information produced in some form other than documentary and for 23 any other tangible items, that the Producing Party affix in a prominent place on the 24 exterior of the container or containers in which the information is stored the legend 25 “CONFIDENTIAL.” If only a portion or portions of the information warrants 26 protection, the Producing Party, to the extent practicable, will identify the protected 27 portion(s). 1 failure to designate qualified information or items does not, standing alone, waive 2 the Designating Party’s right to secure protection under this Order for such material. 3 Upon timely correction of a designation, the Receiving Party must make reasonable 4 efforts to assure that the material is treated in accordance with the provisions of this 5 Order. 6 7 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 8 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 9 designation of confidentiality at any time that is consistent with the Court’s 10 Scheduling Order. 11 6.2 Meet and Confer. The Challenging Party will initiate the dispute 12 resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1 13 et seq. 14 6.3 The burden of persuasion in any such challenge proceeding will be on 15 the Designating Party. Frivolous challenges, and those made for an improper 16 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 17 parties) may expose the Challenging Party to sanctions. Unless the Designating 18 Party has waived or withdrawn the confidentiality designation, all parties will 19 continue to afford the material in question the level of protection to which it is 20 entitled under the Producing Party’s designation until the Court rules on the 21 challenge. 22 23 7. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1 Basic Principles. A Receiving Party may use Protected Material that is 25 disclosed or produced by another Party or by a Non-Party in connection with this 26 Action only for prosecuting, defending, or attempting to settle this Action. Such 27 Protected Material may be disclosed only to the categories of persons and under the 1 Receiving Party must comply with the provisions of section 13 below (FINAL 2 DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a 4 location and in a secure manner that ensures that access is limited to the persons 5 authorized under this Order. 6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 7 otherwise ordered by the court or permitted in writing by the Designating Party, a 8 Receiving Party may disclose any information or item designated 9 “CONFIDENTIAL” only to: 10 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 11 well as employees of said Outside Counsel of Record to whom it is reasonably 12 necessary to disclose the information for this Action; 13 (b) the officers, directors, and employees (including House Counsel) of 14 the Receiving Party to whom disclosure is reasonably necessary for this Action; 15 (c) Experts (as defined in this Order) of the Receiving Party to whom 16 disclosure is reasonably necessary for this Action and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (d) the Court and its personnel; 19 (e) court reporters and their staff; 20 (f) professional jury or trial consultants, mock jurors, and Professional 21 Vendors to whom disclosure is reasonably necessary for this Action and who have 22 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (g) the author or recipient of a document containing the information or a 24 custodian or other person who otherwise possessed or knew the information; 25 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 26 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 27 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 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 except 5 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 9 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 10 IN OTHER LITIGATION 11 If a Party is served with a subpoena or a court order issued in other litigation 12 that compels disclosure of any information or items designated in this Action as 13 “CONFIDENTIAL,” that Party must: 14 (a) promptly notify in writing the Designating Party. Such notification 15 will include a copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or order 17 to issue in the other litigation that some or all of the material covered by the 18 subpoena or order is subject to this Protective Order. Such notification will include 19 a copy of this Stipulated Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be 21 pursued by the Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served with 23 the subpoena or court order will not produce any information designated in this 24 action as “CONFIDENTIAL” before a determination by the court from which the 25 subpoena or order issued, unless the Party has obtained the Designating Party’s 26 permission. The Designating Party will bear the burden and expense of seeking 27 protection in that court of its confidential material and nothing in these provisions 1 to disobey a lawful directive from another court. 2 3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 4 PRODUCED IN THIS LITIGATION 5 (a) The terms of this Order are applicable to information produced by a 6 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 7 produced by Non-Parties in connection with this litigation is protected by the 8 remedies and relief provided by this Order. Nothing in these provisions should be 9 construed as prohibiting a Non-Party from seeking additional protections. 10 (b) In the event that a Party is required, by a valid discovery request, to 11 produce a Non-Party’s confidential information in its possession, and the Party is 12 subject to an agreement with the Non-Party not to produce the Non-Party’s 13 confidential information, then the Party will: 14 (1) promptly notify in writing the Requesting Party and the Non-Party 15 that some or all of the information requested is subject to a confidentiality 16 agreement with a Non-Party; 17 (2) promptly provide the Non-Party with a copy of the Stipulated 18 Protective Order in this Action, the relevant discovery request(s), and a reasonably 19 specific description of the information requested; and 20 (3) make the information requested available for inspection by the 21 Non-Party, if requested. 22 (c) If the Non-Party fails to seek a protective order from this court within 23 14 days of receiving the notice and accompanying information, the Receiving Party 24 may produce the Non-Party’s confidential information responsive to the discovery 25 request. If the Non-Party timely seeks a protective order, the Receiving Party will 26 not produce any information in its possession or control that is subject to the 27 confidentiality agreement with the Non-Party before a determination by the court. 1 of seeking protection in this court of its Protected Material. 2 3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 Protected Material to any person or in any circumstance not authorized under this 6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 7 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 8 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 9 persons to whom unauthorized disclosures were made of all the terms of this Order, 10 and (d) request such person or persons to execute the “Acknowledgment and 11 Agreement to Be Bound” that is attached hereto as Exhibit A. 12 13 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 14 PROTECTED MATERIAL 15 When a Producing Party gives notice to Receiving Parties that certain 16 inadvertently produced material is subject to a claim of privilege or other protection, 17 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 18 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 19 procedure may be established in an e-discovery order that provides for production 20 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 21 (e), insofar as the parties reach an agreement on the effect of disclosure of a 22 communication or information covered by the attorney-client privilege or work 23 product protection, the parties may incorporate their agreement in the stipulated 24 protective order submitted to the court. 25 26 12. MISCELLANEOUS 27 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 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 Civil Local Rule 79-5. Protected Material may 8 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 13 13. FINAL DISPOSITION 14 After the final disposition of this Action, as defined in paragraph 4, within 60 15 days of a written request by the Designating Party, each Receiving Party must return 16 all Protected Material to the Producing Party or destroy such material. As used in 17 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 18 summaries, and any other format reproducing or capturing any of the Protected 19 Material. Whether the Protected Material is returned or destroyed, the Receiving 20 Party must submit a written certification to the Producing Party (and, if not the same 21 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 22 (by category, where appropriate) all the Protected Material that was returned or 23 destroyed and (2) affirms that the Receiving Party has not retained any copies, 24 abstracts, compilations, summaries or any other format reproducing or capturing any 25 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 26 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 27 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 1 || materials contain Protected Material. Any such archival copies that contain or 2 || constitute Protected Material remain subject to this Protective Order as set forth in 3 || Section 4 (DURATION). 4 5 || 14. Any willful violation of this Order may be punished by civil or criminal 6 || contempt proceedings, financial or evidentiary sanctions, reference to disciplinary 7 || authorities, or other appropriate action at the discretion of the Court. 8 9 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 11 || DATED: February 8, 2021 /s/A. Louis Dorny Attorneys for Plaintiff

13 14 || DATED: 2/5/21 /s/ Marc E. Hankin Attorneys for Defendant

16 17 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 18 19 || DATED: February 8 2021 My i We 21 United States Magisirate Judge 22 23 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [full name], of _________________ 5 [full address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States 7 District Court for the Central District of California on [date] in the case of Financial 8 Marketing Pros. v. Retirement Thru Design, et al., 20-cv-9331-JFW (MRWx), I 9 agree to comply with and to be bound by all the terms of this Stipulated Protective 10 Order and I understand and acknowledge that failure to so comply could expose me 11 to sanctions and punishment in the nature of contempt. I solemnly promise that I 12 will not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance with 14 the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [full 19 name] of _______________________________________ [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 signed: _________________________________ 25 26 Printed name: _______________________________ 27