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5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 DAN RAINES, ) CASE NO. 2:20-cv-07551-JFW-JC ) 11 Plaintiff, ) MODIFIED STIPULATED 12 ) PROTECTIVE ORDER v. ) 13 ) [CHANGES MADE BY COURT TO ENRICH FINANCIAL, INC., et ) PARAGRAPHS 1B, 1C,_3, 7.2(h), 8(c), 14 al., ) 9(c), 12.3] ) 15 Defendant. ) ) Assigned to: Judge John F. Walter 16 ) ) 17 18 1. A. 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. 28 1 B. GOOD CAUSE STATEMENT 2 This action is likely to involve trade secrets, customer and pricing lists and 3 other valuable research, development, commercial, financial, technical and/or 4 proprietary information for which special protection from public disclosure and 5 from use for any purpose other than prosecution of this action is warranted. Such 6 confidential and proprietary materials and information consist of, among other 7 things, confidential business or financial information, information regarding 8 confidential business practices, or other confidential research, development, or 9 commercial information (including information implicating privacy rights of third 10 parties), information otherwise generally unavailable to the public, or which may 11 be privileged or otherwise protected from disclosure under state or federal statutes, 12 court rules, case decisions, or common law. Accordingly, to expedite the flow of 13 14 information, to facilitate the prompt resolution of disputes over confidentiality of 15 discovery materials, to adequately protect information the parties are entitled to 16 keep confidential, to ensure that the parties are permitted reasonable necessary uses 17 of such material in connection with this action, to address their handling of such 18 material at the end of the litigation, and to serve the ends of justice, a protective 19 order for such information is justified in this matter. It is the intent of the parties 20 that information will not be designated as confidential for tactical reasons and that 21 nothing be so designated without a good faith belief that it has been maintained in 22 a confidential, non-public manner, and there is good cause or a compelling reason 23 why it should not be part of the public record of this case. 24 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 25 SEAL 26 The parties further acknowledge, as set forth in Section 12.3, below, that this 27 Stipulated Protective Order does not entitle them to file confidential information 28 1 under seal. Rather, when the parties seek permission from the court to file material 2 under seal, the parties must comply with Local Civil Rule 79-5 and with any 3 pertinent orders of the assigned District Judge and Magistrate Judge. See, e.g., 4 District Judge’s Standing Order, ¶ 9 (Docket No. 9). 5 There is a strong presumption that the public has a right of access to judicial 6 proceedings and records in civil cases. In connection with non-dispositive motions, 7 good cause must be shown to support a filing under seal. See Kamakana v. City and 8 County of Honolulu,

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

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 10 Inc.,

(E.D. Wis. 1999) (even stipulated protective orders 11 require good cause showing), and a specific showing of good cause or compelling 12 reasons with proper evidentiary support and legal justification, must be made with 13 14 respect to Protected Material that a party seeks to file under seal. The parties’ mere 15 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 16 without the submission of competent evidence by declaration, establishing that the 17 material sought to be filed under seal qualifies as confidential, privileged, or 18 otherwise protectable—constitute good cause. 19 Further, if a party requests sealing related to a dispositive motion or trial, then 20 compelling reasons, not only good cause, for the sealing must be shown, and the 21 relief sought shall be narrowly tailored to serve the specific interest to be protected. 22 See Pintos v. Pacific Creditors Ass’n.,

(9th Cir. 2010). For 23 each item or type of information, document, or thing sought to be filed or introduced 24 under seal in connection with a dispositive motion or trial, the party seeking 25 protection must articulate compelling reasons, supported by specific facts and legal 26 justification, for the requested sealing order. Again, competent evidence supporting 27 the application to file documents under seal must be provided by declaration. Any 28 1 document that is not confidential, privileged, or otherwise protectable in its entirety 2 will not be filed under seal if the confidential portions can be redacted. If documents 3 can be redacted, then a redacted version for public viewing, omitting only the 4 confidential, privileged, or otherwise protectable portions of the document, shall be 5 filed. Any application that seeks to file documents under seal in their entirety should 6 include an explanation of why redaction is not feasible. 7 2. DEFINITIONS 8 2.1 Action: This pending federal lawsuit. 9 2.2 Challenging Party: a Party or Non-Party that challenges the 10 designation of information or items under this Order. 11 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 12 how it is generated, stored or maintained) or tangible things that qualify for 13 14 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 15 the Good Cause Statement. 16 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 17 their support staff). 18 2.5 Designating Party: a Party or Non-Party that designates information or 19 items that it produces in disclosures or in responses to discovery as 20 “CONFIDENTIAL.” 21 2.6 Disclosure or Discovery Material: all items or information, regardless 22 of the medium or manner in which it is generated, stored, or maintained (including, 23 among other things, testimony, transcripts, and tangible things), that are produced 24 or generated in disclosures or responses to discovery in this matter. 25 2.7 Expert: a person with specialized knowledge or experience in a matter 26 pertinent to the litigation who has been retained by a Party or its counsel to serve as 27 an expert witness or as a consultant in this Action. 28 1 2.8 House Counsel: attorneys who are employees of a party to this Action. 2 House Counsel does not include Outside Counsel of Record or any other outside 3 counsel. 4 2.9 Non-Party: any natural person, partnership, corporation, association or 5 other legal entity not named as a Party to this action. 6 2.10 Outside Counsel of Record: attorneys who are not employees of a party 7 to this Action but are retained to represent or advise a party to this Action and have 8 appeared in this Action on behalf of that party or are affiliated with a law firm that 9 has appeared on behalf of that party, and includes support staff. 10 2.11 Party: any party to this Action, including all of its officers, directors, 11 employees, consultants, retained experts, and Outside Counsel of Record (and their 12 support staffs). 13 14 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 15 Discovery Material in this Action. 16 2.13 Professional Vendors: persons or entities that provide litigation 17 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 18 demonstrations, and organizing, storing, or retrieving data in any form or medium) 19 and their employees and subcontractors. 20 2.14 Protected Material: any Disclosure or Discovery Material that is 21 designated as “CONFIDENTIAL.” 22 2.15 Receiving Party: a Party that receives Disclosure or Discovery 23 Material from a Producing Party. 24 3. SCOPE 25 The protections conferred by this Stipulation and Order cover not only 26 Protected Material (as defined above), but also (1) any information copied or 27 extracted from Protected Material; (2) all copies, excerpts, summaries, or 28 1 compilations of Protected Material; and (3) any deposition testimony, 2 conversations, or presentations by Parties or their Counsel that might reveal 3 Protected Material other than during a court hearing or at trial. Any use of Protected 4 Material during a court hearing or at trial shall be governed by the orders of the 5 presiding judge. This Order does not govern the use of Protected Material during a 6 court hearing or at trial. 7 4. DURATION 8 Once a case proceeds to trial, information that was designated as 9 CONFIDENTIAL or maintained pursuant to this protective order used or 10 introduced as an exhibit at trial becomes public and will be presumptively available 11 to all members of the public, including the press, unless compelling reasons 12 supported by specific factual findings to proceed otherwise are made to the trial 13 14 judge in advance of the trial. See Kamakana,

(distinguishing 15 “good cause” showing for sealing documents produced in discovery from 16 “compelling reasons” standard when merits-related documents are part of court 17 record). Accordingly, the terms of this protective order do not extend beyond the 18 commencement of the trial. 19 5. DESIGNATING PROTECTED MATERIAL 20 5.1 Exercise of Restraint and Care in Designating Material for Protection. 21 Each Party or Non-Party that designates information or items for protection under 22 this Order must take care to limit any such designation to specific material that 23 qualifies under the appropriate standards. The Designating Party must designate for 24 protection only those parts of material, documents, items or oral or written 25 communications that qualify so that other portions of the material, documents, items 26 or communications for which protection is not warranted are not swept unjustifiably 27 within the ambit of this Order. 28 1 Mass, indiscriminate or routinized designations are prohibited. Designations 2 that are shown to be clearly unjustified or that have been made for an improper 3 purpose (e.g., to unnecessarily encumber the case development process or to impose 4 unnecessary expenses and burdens on other parties) may expose the Designating 5 Party to sanctions. 6 If it comes to a Designating Party’s attention that information or items that it 7 designated for protection do not qualify for protection, that Designating Party must 8 promptly notify all other Parties that it is withdrawing the inapplicable designation. 9 5.2 Manner and Timing of Designations. Except as otherwise provided in 10 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 11 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 12 under this Order must be clearly so designated before the material is disclosed or 13 14 produced. 15 Designation in conformity with this Order requires: 16 (a) for information in documentary form (e.g., paper or electronic 17 documents, but excluding transcripts of depositions or other pretrial or trial 18 proceedings), that the Producing Party affix at a minimum, the legend 19 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 20 contains protected material. If only a portion of the material on a page qualifies for 21 protection, the Producing Party also must clearly identify the protected portion(s) 22 (e.g., by making appropriate markings in the margins). 23 A Party or Non-Party that makes original documents available for inspection 24 need not designate them for protection until after the inspecting Party has indicated 25 which documents it would like copied and produced. During the inspection and 26 before the designation, all of the material made available for inspection shall be 27 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 28 1 documents it wants copied and produced, the Producing Party must determine 2 which documents, or portions thereof, qualify for protection under this Order. Then, 3 before producing the specified documents, the Producing Party must affix the 4 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 5 portion of the material on a page qualifies for protection, the Producing Party also 6 must clearly identify the protected portion(s) (e.g., by making appropriate markings 7 in the margins). 8 (b) for testimony given in depositions that the Designating Party identifies 9 the Disclosure or Discovery Material on the record, before the close of the 10 deposition all protected testimony. 11 (c) for information produced in some form other than documentary and for 12 any other tangible items, that the Producing Party affix in a prominent place on the 13 14 exterior of the container or containers in which the information is stored the legend 15 “CONFIDENTIAL.” If only a portion or portions of the information warrants 16 protection, the Producing Party, to the extent practicable, shall identify the protected 17 portion(s). 18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 19 failure to designate qualified information or items does not, standing alone, waive 20 the Designating Party’s right to secure protection under this Order for such material. 21 Upon timely correction of a designation, the Receiving Party must make reasonable 22 efforts to assure that the material is treated in accordance with the provisions of this 23 Order. 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 26 designation of confidentiality at any time that is consistent with the Court’s 27 Scheduling Order. 28 1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 2 resolution process under Local Rule 37-1 et seq. 3 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 4 joint stipulation pursuant to Local Rule 37-2. 5 6.4 The burden of persuasion in any such challenge proceeding shall be on 6 the Designating Party. Frivolous challenges, and those made for an improper 7 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 8 parties) may expose the Challenging Party to sanctions. Unless the Designating 9 Party has waived or withdrawn the confidentiality designation, all parties shall 10 continue to afford the material in question the level of protection to which it is 11 entitled under the Producing Party’s designation until the Court rules on the 12 challenge. 13 14 7. ACCESS TO AND USE OF PROTECTED MATERIAL 15 7.1 Basic Principles. A Receiving Party may use Protected Material that is 16 disclosed or produced by another Party or by a Non-Party in connection with this 17 Action only for prosecuting, defending or attempting to settle this Action. Such 18 Protected Material may be disclosed only to the categories of persons and under the 19 conditions described in this Order. When the Action has been terminated, a 20 Receiving Party must comply with the provisions of section 13 below (FINAL 21 DISPOSITION). 22 Protected Material must be stored and maintained by a Receiving Party at a 23 location and in a secure manner that ensures that access is limited to the persons 24 authorized under this Order. 25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 26 otherwise ordered by the court or permitted in writing by the Designating Party, 27 /// 28 1 Receiving Party may disclose any information or item designated 2 “CONFIDENTIAL” only to: 3 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 4 as employees of said Outside Counsel of Record to whom it is reasonably necessary 5 to disclose the information for this Action; 6 (b) the officers, directors, and employees (including House Counsel) of the 7 Receiving Party to whom disclosure is reasonably necessary for this Action; 8 (c) Experts (as defined in this Order) of the Receiving Party to whom 9 disclosure is reasonably necessary for this Action and who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (d) the court and its personnel; 12 (e) court reporters and their staff; 13 14 (f) professional jury or trial consultants, mock jurors, and Professional 15 Vendors to whom disclosure is reasonably necessary for this Action and who have 16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 (g) the author or recipient of a document containing the information or a 18 custodian or other person who otherwise possessed or knew the information; 19 (h) during their depositions, witnesses, and attorneys for witnesses, in the 20 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 21 requests that the witness sign the “Acknowledgment and Agreement to Be Bound” 22 form (attached as Exhibit A hereto); and (2) they will not be permitted to keep any 23 confidential information unless they sign the “Acknowledgment and Agreement to 24 Be Bound” form (Exhibit A), unless otherwise agreed by the Designating Party or 25 ordered by the court. Pages of transcribed deposition testimony or exhibits to 26 depositions that reveal Protected Material may be separately bound by the court 27 /// 28 1 reporter and may not be disclosed to anyone except as permitted under this 2 Stipulated Protective Order; and 3 (i) any mediator or settlement officer, and their supporting personnel, 4 mutually agreed upon by any of the parties engaged in settlement discussions. 5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 6 IN OTHER LITIGATION 7 If a Party is served with a subpoena or a court order issued in other litigation 8 that compels disclosure of any information or items designated in this Action as 9 “CONFIDENTIAL,” that Party must: 10 (a) promptly notify in writing the Designating Party. Such notification shall 11 include a copy of the subpoena or court order; 12 (b) promptly notify in writing the party who caused the subpoena or order to 13 issue in the other litigation that some or all of the material covered by the subpoena 14 or order is subject to this Protective Order. Such notification shall include a copy of 15 this Stipulated Protective Order; and 16 17 (c) cooperate with respect to all reasonable procedures sought to be pursued 18 by the Designating Party whose Protected Material may be affected. If the 19 Designating Party timely seeks a protective order, the Party served with the 20 subpoena or court order shall not produce any information designated in this action 21 as “CONFIDENTIAL” before a determination by the court from which the 22 subpoena or order issued, unless the Party has obtained the Designating Party’s 23 permission or unless otherwise required by the law or court order. The Designating 24 Party shall bear the burden and expense of seeking protection in that court of its 25 confidential material and nothing in these provisions should be construed as 26 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 27 directive from another court. 28 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non- 4 Party in this Action and designated as “CONFIDENTIAL.” Such information 5 produced by Non-Parties in connection with this litigation is protected by the 6 remedies and relief provided by this Order. Nothing in these provisions should be 7 construed as prohibiting a Non-Party from seeking additional protections. 8 (b) In the event that a Party is required, by a valid discovery request, to 9 produce a Non-Party’s confidential information in its possession, and the Party is 10 subject to an agreement with the Non-Party not to produce the Non-Party’s 11 confidential information, then the Party shall: 12 (1) promptly notify in writing the Requesting Party and the Non-Party 13 that some or all of the information requested is subject to a confidentiality 14 agreement with a Non-Party; 15 (2) promptly provide the Non-Party with a copy of the Stipulated 16 17 Protective Order in this Action, the relevant discovery request(s), and a 18 reasonably specific description of the information requested; and 19 (3) make the information requested available for inspection by the 20 Non-Party, if requested. 21 (c) If the Non-Party fails to seek a protective order from this court within 14 22 days of receiving the notice and accompanying information, the Receiving Party 23 may produce the Non-Party’s confidential information responsive to the discovery 24 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 25 not produce any information in its possession or control that is subject to the 26 confidentiality agreement with the Non-Party before a determination by the court 27 unless otherwise required by the law or court order. Absent a court order to the 28 1 contrary, the Non-Party shall bear the burden and expense of seeking protection in 2 this court of its Protected Material. 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 9 or persons to whom unauthorized disclosures were made of all the terms of this 10 Order, 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 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain 15 inadvertently produced material is subject to a claim of privilege or other protection, 16 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 procedure 19 may be established in an e-discovery order that provides for production without 20 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 21 as the parties reach an agreement on the effect of disclosure of a communication or 22 information covered by the attorney-client privilege or work product protection, the 23 parties may incorporate their agreement in the stipulated protective order submitted 24 to the court. 25 12. MISCELLANEOUS 26 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 27 person to seek its modification by the Court in the future. 28 1 12.2 Right to Assert Other Objections. By stipulating to the entry of this 2 Protective Order, no Party waives any right it otherwise would have to object to 3 disclosing or producing any information or item on any ground not addressed in this 4 Stipulated Protective Order. Similarly, no Party waives any right to object on any 5 ground to use in evidence of any of the material covered by this Protective Order. 6 12.3 Filing Protected Material. A Party that seeks to file under seal any 7 Protected Material must comply with Local Civil Rule 79-5 and with any pertinent 8 orders of the assigned District Judge and Magistrate Judge. See, e.g., District 9 Judge’s Standing Order, ¶ 9 (Docket No. 9). Protected Material may only be filed 10 under seal pursuant to a court order authorizing the sealing of the specific Protected 11 Material at issue. If a Party’s request to file Protected Material under seal is denied 12 by the court, then the Receiving Party may file the information in the public record 13 14 unless otherwise instructed by the court. 15 13. FINAL DISPOSITION 16 After the final disposition of this Action, as defined in paragraph 4, within 60 17 days of a written request by the Designating Party, each Receiving Party must return 18 all Protected Material to the Producing Party or destroy such material. As used in 19 this subdivision, “all Protected Material” includes all copies, abstracts, 20 compilations, summaries, and any other format reproducing or capturing any of the 21 Protected Material. Whether the Protected Material is returned or destroyed, the 22 Receiving Party must submit a written certification to the Producing Party (and, if 23 not the same person or entity, to the Designating Party) by the 60 day deadline that 24 (1) identifies (by category, where appropriate) all the Protected Material that was 25 returned or destroyed and (2) affirms that the Receiving Party has not retained any 26 copies, abstracts, compilations, summaries or any other format reproducing or 27 capturing any of the Protected Material. Notwithstanding this provision, Counsel 28 1 are entitled to retain an archival copy of all pleadings, motion papers, trial, 2 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 3 and trial exhibits, expert reports, attorney work product, and consultant and expert 4 work product, even if such materials contain Protected Material. Any such archival 5 copies that contain or constitute Protected Material remain subject to this Protective 6 Order as set forth in Section 4 (DURATION). 7 14. VIOLATION 8 Any violation of this Order may be punished by appropriate measures 9 including, without limitation, contempt proceedings and/or monetary sanctions. 10 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 11 DATED: April 8, 2021 12 13 __/s/ Aidan W. Butler__________ 14 Attorneys for Plaintiff

15 16 DATED: April 8, 2021 17 /s/ Doron Farid Eghbali________ 18 Attorneys for Defendant ENRICH FINANCIAL, INC. 19 DATED: April 8, 2021 20 21 /s/ David J. Kaminski__________ Attorneys for Defendant SIMON’S AGENCY, INC. 22

23 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED AS MODIFIED. 24 25 DATED: April 19, 2021 26 /s/ Jacqueline Chooljian_________ 27 Hon. Jacqueline Chooljian 28 United States Magistrate Judge 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of ___________ 5 ____________________ [print or type full address], declare under penalty of 6 perjury that I have read in its entirety and understand the Stipulated Protective 7 Order that was issued by the United States District Court for the Central District 8 of California on April 19, 2021 in the case of Dan Raines v. Enrich Financial, Inc. 9 et al., Case No. 2:20-cv-07551-JFW-JC. I agree to comply with and to be bound 10 by all the terms of this Stipulated Protective Order and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and 12 punishment in the nature of contempt. I solemnly promise that I will not disclose 13 in any manner any information or item that is subject to this Stipulated Protective 14 Order to any person or entity except in strict compliance with the provisions of 15 this Order. I further agree to submit to the jurisdiction of the United States District 16 Court for the Central District of California for enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [print 19 20 or type full name] of _______________________________________ [print or 21 type full address and telephone number] as my California agent for service of 22 process in connection with this action or any proceedings related to enforcement 23 of this Stipulated Protective Order. 24 Date: ______________________________________ 25 City and State where sworn and signed: ___________________________ 26 Printed name: _______________________________ 27 Signature: __________________________________ 28