1 Steven J. Nataupsky (SBN 155913) Hans L. Mayer (SBN 291998) [email protected] [email protected] 2 Lynda J. Zadra-Symes (SBN 156511) KNOBBE, MARTENS, OLSON & BEAR, LLP [email protected] 1925 Century Park East, Suite 600 3 Jason A. Champion (SBN 259207) Los Angeles, CA 90067 [email protected] Phone: (310) 551-3450 4 KNOBBE, MARTENS, OLSON & BEAR, LLP Facsimile: (310) 601-1263 2040 Main Street 5 Fourteenth Floor Irvine, CA 92614 6 Phone: (949) 760-0404 Facsimile: (949) 760-9502 7 Attorneys for Plaintiff 8 MONSTER ENERGY COMPANY

9 Daniel J. Kessler (SBN 173710) Robert J. Figa 10 Amanda V. Dwight (SBN 187028) DEAN & FULKERSON, P.C. BURKHALTER KESSLER CLEMENT 801 W. Big Beaver Road, 5th Fl. 11 & GEORGE LLP Troy, MI 48084 2020 Main Street, Suite 600 248-362-1300 12 Irvine, CA 92614 [email protected] 949-975-7500 13 [email protected] [email protected] 14 Attorneys for Defendants 15 METRO GIANT, INC. and CHRISTOPHER ANKAWI 16 IN THE UNITED STATES DISTRICT COURT 17 FOR THE CENTRAL DISTRICT OF CALIFORNIA 18 MONSTER ENERGY COMPANY, ) Civil Action No. 5:20-CV-2616-JGB-SHK 19 a Delaware corporation, ) ) Magistrate Judge Shashi H. Kewalramani 20 Plaintiff, ) 21 ) [PROPOSED] STIPULATED v. ) PROTECTIVE ORDER 22 ) 23 METRO GIANT, INC., a Michigan ) corporation; CHRISTOPHER ) 24 ANKAWI, an individual, ) 25 ) Defendants. ) 26

27 1 1. 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 may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court 6 to enter the following Stipulated Protective Order. The parties acknowledge that 7 this Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. 11 2. 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 20 third parties), information otherwise generally unavailable to the public, or which 21 may be privileged or otherwise protected from disclosure under state or federal 22 statutes, court rules, case decisions, or common law. Accordingly, to expedite the 23 flow of information, to facilitate the prompt resolution of disputes over 24 confidentiality of discovery materials, to adequately protect information the 25 parties are entitled to keep confidential, to ensure that the parties are permitted 26 reasonable necessary uses of such material in preparation for and in the conduct 27 of trial, to address their handling at the end of the litigation, and serve the ends of 1 intent of the parties that information will not be designated as confidential for 2 tactical reasons and that nothing be so designated without a good faith belief that 3 it has been maintained in a confidential, non-public manner, and there is good 4 cause why it should not be part of the public record of this case. 5 3. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER 6 SEAL 7 The parties further acknowledge, as set forth in Section 14.3, below, that 8 this Stipulated Protective Order does not entitle them to file confidential 9 information under seal. Local Civil Rule 79-5 sets forth the procedures that must 10 be followed and the standards that will be applied when a party seeks permission 11 from the court to file material under seal. 12 In accordance with Local Rule 79-5, if any papers to be filed with the Court 13 contain information and/or documents that have been designated as confidential, 14 the proposed filing shall be accompanied by an application to file papers or the 15 portion thereof containing the designated information or documents (if such 16 portion is segregable) under seal. The parties further acknowledge that Local 17 Rule 79-5.2.2(b) sets forth the procedures to be followed when filing papers 18 containing confidential information or documents designated by another party 19 including notice to the designating party at least 3 days before filing. 20 4. DEFINITIONS 21 4.1 Action: this pending federal law suit. 22 4.2 Challenging Party: a Party or Non-Party that challenges the 23 designation of information or items under this Order. 24 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 25 how it is generated, stored or maintained) or tangible things that qualify for 26 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 27 the Good Cause Statement. 1 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as 2 their support staff). 3 4.5 Designating Party: a Party or Non-Party that designates information 4 or items that it produces in disclosures or in responses to discovery as 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 6 ONLY.” 7 4.6 Disclosure or Discovery Material: all items or information, 8 regardless of the medium or manner in which it is generated, stored, or maintained 9 (including, among other things, testimony, transcripts, and tangible things), that 10 are produced or generated in disclosures or responses to discovery in this matter, 11 or otherwise produced or generated in the course of this litigation, including 12 without limitation production documents, electronically stored information, 13 things, answers to interrogatories, responses to requests for admissions, and 14 depositions, as well as testimony adduced at trial or a hearing or any matters in 15 evidence. 16 4.7 Expert: a person with specialized knowledge or experience in a 17 matter pertinent to the litigation who has been retained by a Party or its counsel 18 to serve as an expert witness or as a consultant in this Action. 19 4.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 20 Information or Items: information (regardless of how it is generated, stored or 21 maintained) or tangible things that qualify for protection under Federal Rule of 22 Civil Procedure 26(c), and as specified above in the Good Cause Statement, that 23 is extremely sensitive information the disclosure of which to another party or non- 24 party would likely harm the competitive position of the party producing the 25 information. Examples of information that could be considered HIGHLY 26 CONFIDENTIAL – ATTORNEYS’ EYES ONLY include sales volumes, sales 27 units, cost of goods sold, price structures, discounts, business costs, profits, 1 and the identity of customers. 2 4.9 House Counsel: attorneys who are employees of a party to this 3 Action. House Counsel does not include Outside Counsel of Record or any other 4 outside counsel. 5 4.10 Non-Party: any natural person, partnership, corporation, association, 6 or other legal entity not named as a Party to this action. 7 4.11 Outside Counsel of Record: attorneys who are not employees of a 8 party to this Action but are retained to represent or advise a party to this Action 9 and have appeared in this Action on behalf of that party or are affiliated with a 10 law firm which has appeared on behalf of that party, and includes support staff. 11 4.12 Party: any party to this Action, including all of its officers, directors, 12 employees, consultants, retained experts, and Outside Counsel of Record (and 13 their support staffs). 14 4.13 Producing Party: a Party or Non-Party that produces Disclosure or 15 Discovery Material in this Action. 16 4.14 Professional Vendors: persons or entities that provide litigation 17 support services (e.g., photocopying, videotaping, translating, preparing exhibits 18 or demonstrations, computer database preparation, document coding, and 19 organizing, storing, or retrieving data in any form or medium) and their 20 employees and subcontractors. 21 4.15 Protected Material: any Disclosure or Discovery Material that is 22 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 23 ATTORNEYS’ EYES ONLY.” 24 4.16 Receiving Party: a Party that receives Disclosure or Discovery 25 Material from a Producing Party. 26 5. SCOPE 27 The protections conferred by this Stipulation and Order cover not only 1 extracted from Protected Material; (2) all copies, excerpts, summaries, or 2 compilations of Protected Material; and (3) any testimony, conversations, or 3 presentations by Parties or their Counsel that might reveal Protected Material. 4 However, the protections conferred by this Stipulation and Order do not 5 cover the following information: (a) any information that is in the public domain 6 at the time of disclosure to a Receiving Party or becomes part of the public domain 7 after its disclosure to a Receiving Party as a result of publication not involving a 8 violation of this Order, including becoming part of the public record through trial 9 or otherwise; and (b) any information known to the Receiving Party prior to the 10 disclosure or obtained by the Receiving Party after the disclosure from a source 11 who obtained the information lawfully under no obligation of confidentiality to 12 the Designating Party 13 Any use of Protected Material at trial shall be governed by the orders of the 14 trial judge. This Order does not govern the use of Protected Material at trial. 15 6. DURATION 16 Once a case proceeds to trial, information that was designated as 17 CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 18 ONLY, or otherwise maintained pursuant to this Stipulated Protective Order, that 19 is used or introduced as an exhibit at trial becomes public and will be 20 presumptively available to all members of the public, including the press, unless 21 compelling reasons supported by specific factual findings to proceed otherwise 22 are made to the trial judge in advance of the trial. See Kamakana v. City and 23 County of Honolulu,

(9th Cir. 2006) (distinguishing 24 “good cause” showing for sealing documents produced in discovery from 25 “compelling reasons” standard when merits-related documents are part of court 26 record). Accordingly, the terms of this Stipulated Protective Order do not extend 27 beyond the commencement of the trial with respect to such information. 1 7. DESIGNATING PROTECTED MATERIAL 2 7.1 Exercise of Restraint and Care in Designating Material for 3 Protection. Each Party or Non-Party that designates information or items for 4 protection under this Order must take care to limit any such designation to specific 5 material that qualifies under the appropriate standards. 6 The Designating Party must designate for protection only those parts of 7 material, documents, items, or oral or written communications that qualify so that 8 other portions of the material, documents, items, or communications for which 9 protection is not warranted are not swept unjustifiably within the ambit of this 10 Order. 11 Mass, indiscriminate, or routinized designations are prohibited. 12 Designations that are shown to be clearly unjustified or that have been made for 13 an improper purpose (e.g., to unnecessarily encumber the case development 14 process or to impose unnecessary expenses and burdens on other parties) may 15 expose the Designating Party to sanctions. 16 If it comes to a Designating Party’s attention that information or items that 17 it designated for protection do not qualify for protection, that Designating Party 18 must promptly notify all other Parties that it is withdrawing the inapplicable 19 designation. 20 7.2 Manner and Timing of Designations. Except as otherwise provided 21 in this Order, or as otherwise stipulated or ordered, Disclosure or Discovery 22 Material that qualifies for protection under this Order must be clearly so 23 designated before the material is disclosed or produced. 24 Designation in conformity with this Order requires: 25 (a) For information in documentary form (e.g., paper or electronic 26 documents, but excluding transcripts of depositions or other pretrial or trial 27 proceedings), that the Producing Party affix at a minimum, the legend 1 EYES ONLY” (hereinafter “CONFIDENTIALITY legend”), to each page 2 that contains protected material. 3 A Party or Non-Party that makes original documents available for 4 inspection need not designate them for protection until after the inspecting 5 Party has indicated which documents it would like copied and produced. 6 During the inspection and before the designation, all of the material made 7 available for inspection shall be deemed “HIGHLY CONFIDENTIAL – 8 ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified 9 the documents it wants copied and produced, the Producing Party must 10 determine which documents, or portions thereof, qualify for protection 11 under this Order. Then, before producing the specified documents, the 12 Producing Party must affix the “CONFIDENTIALITY legend” to each 13 page that contains Protected Material. 14 (b) For a deposition transcript, the Producing Party shall 15 designate the transcript as “CONFIDENTIAL” or “HIGHLY 16 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by requesting such 17 treatment thereof either on the record at the time of the deposition or by 18 written notice to all counsel of record after service of the final deposition 19 transcript. If confidential treatment of a transcript is requested by a party 20 by written notice after completion of a deposition, such written notice shall 21 be provided to all counsel of record within fourteen (14) days after 22 completion and service of the final transcript. Such written notice shall 23 specifically identify by page and line number all portions of the transcript 24 that should be treated as “CONFIDENTIAL” or “HIGHLY 25 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in accordance with 26 this Stipulated Protective Order. All counsel receiving such notice shall be 27 responsible for marking the copies of the designated transcript or portion 1 The parties shall not disseminate a deposition transcript or the contents 2 thereof beyond the persons designated in Paragraph 9.3 below for a period 3 of fourteen (14) days after completion and service of the final transcript, 4 except that portions of the transcript may be filed under seal with the Court 5 in connection with these proceedings. Documents or things used as 6 exhibits at a deposition that a party desires to be subject to this Stipulated 7 Protective Order shall be separately stamped or marked 8 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 9 EYES ONLY.” The disclosing party will have the right to exclude from 10 attendance at a deposition, during such time as the Confidential 11 Information is to be disclosed, any person other than the deponent, counsel, 12 the court reporter, the videographer, designated experts and any person(s) 13 agreed upon by counsel for the disclosing party. 14 (c) For information produced in some form other than 15 documentary (including, without limitation, electronically stored 16 information produced in native format) and for any other tangible items, 17 that the Producing Party affix in a prominent place on the media or exterior 18 of the container or containers in which the information is stored the legend 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 20 EYES ONLY. If only a portion or portions of the information warrants 21 protection, the Producing Party, to the extent practicable, shall identify the 22 protected portion(s). 23 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 24 failure to designate qualified information or items does not, standing alone, waive 25 the Designating Party’s right to secure protection under this Order for such 26 material. Upon timely correction of a designation, the Receiving Party must make 27 reasonable efforts to assure that the material is treated in accordance with the 1 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 8.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s 4 Scheduling Order. 5 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37.1 et seq. 7 8.3 The burden of persuasion in any such challenge proceeding shall be 8 on the Designating Party. Frivolous challenges, and those made for an improper 9 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 10 parties) may expose the Challenging Party to sanctions. Unless the Designating 11 Party has waived or withdrawn the confidentiality designation, all parties shall 12 continue to afford the material in question the level of protection to which it is 13 entitled under the Producing Party’s designation until the Court rules on the 14 challenge. 15 9. ACCESS TO AND USE OF PROTECTED MATERIAL 16 9.1 Basic Principles. A Receiving Party may use Protected Material that 17 is disclosed or produced by another Party or by a Non-Party in connection with 18 this Action only for prosecuting, defending, or attempting to settle this Action. 19 Such Protected Material may be disclosed only to the categories of persons and 20 under the conditions described in this Order. When the Action has been 21 terminated, a Receiving Party must comply with the provisions of section 15 22 below (FINAL DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at 24 a location and in a secure manner that ensures that access is limited to the persons 25 authorized under this Order. 26 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 27 otherwise ordered by the court or permitted in writing by the Designating Party, 1 “CONFIDENTIAL” only to: 2 (a) the Receiving Party’s Outside Counsel of Record in this 3 Action and other attorneys from Outside Counsel of Record’s law firm, as 4 well as employees of said Outside Counsel of Record to whom it is 5 reasonably necessary to disclose the information for this Action; 6 (b) the officers, directors, and employees (including House 7 Counsel) of the Receiving Party to whom disclosure is reasonably 8 necessary for this Action and who have signed the “Acknowledgment and 9 Agreement to Be Bound” (Exhibit A); 10 (c) Experts (as defined in this Order) of the Receiving Party to 11 whom disclosure is reasonably necessary for this Action and who have 12 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (d) the court and its personnel; 14 (e) court reporters and their staff; 15 (f) professional jury or trial consultants, mock jurors, and 16 Professional Vendors to whom disclosure is reasonably necessary for this 17 Action and who have signed the “Acknowledgment and Agreement to Be 18 Bound” (Exhibit A); 19 (g) the author or recipient of a document containing the 20 information or a custodian or other person who otherwise possessed or 21 knew the information; 22 (h) during their depositions, witnesses, and attorneys for 23 witnesses, in the Action to whom disclosure is reasonably necessary 24 provided: (1) the deposing party requests that the witness sign the form 25 attached as Exhibit 1 hereto; and (2) they will not be permitted to keep any 26 confidential information unless they sign the “Acknowledgment and 27 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the 1 testimony or exhibits to depositions that reveal Protected Material may be 2 separately bound by the court reporter and may not be disclosed to anyone 3 except as permitted under this Stipulated Protective Order; and 4 (i) any mediator or settlement officer, and their supporting 5 personnel, mutually agreed upon by any of the parties engaged in 6 settlement discussions. 7 9.3 Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 8 Information or Items. Unless otherwise ordered by the court or permitted in 9 writing by the Designating Party, a Receiving Party may disclose any information 10 or item designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: 11 (a) the Receiving Party’s Outside Counsel of Record in this 12 Action and other attorneys from Outside Counsel of Record’s law firm, as 13 well as employees of said Outside Counsel of Record to whom it is 14 reasonably necessary to disclose the information for this Action; 15 (b) No more than three (3) House Counsel of the Receiving Party, 16 that has previously been identified to the other side in writing, to (1) whom 17 disclosure is reasonably necessary for this Action, (2) who have no 18 involvement in competitive decision-making, and (3) who have signed the 19 “Acknowledgement and Agreement to Be Bound” (exhibit A); 20 (c) Experts (as defined in this Order) of the Receiving Party to 21 whom disclosure is reasonably necessary for this Action and who have 22 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (d) the court and its personnel; 24 (e) court reporters, videographers and their staff; 25 (f) professional jury or trial consultants, mock jurors, and 26 Professional Vendors to whom disclosure is reasonably necessary for this 27 Action and who have signed the “Acknowledgment and Agreement to Be 1 (g) the author or recipient of a document containing the 2 information or a custodian or other person who otherwise possessed or 3 knew the information; and 4 (h) any mediator or settlement officer, and their supporting 5 personnel, mutually agreed upon by any of the parties engaged in 6 settlement discussions. 7 9.4 Limited Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES 8 ONLY” Information to Officers, Directors and Employees of the Receiving Party. 9 In the event that the Receiving Party’s Outside Counsel of Record believes that 10 disclosure of certain “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 11 information or items to one or more of the individuals listed in Section 9.2(b) is 12 necessary for the Receiving Party to litigate and/or defend the claims in this 13 matter, the Receiving Party’s Outside Counsel of Record may prepare a written 14 summary of the “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information 15 or item and submit a Limited Disclosure Request to the Designating Party. The 16 Limited Disclosure Request must be in writing and identify by name the 17 individual or individuals that fall within Section 9.2(b) of the Agreement with 18 whom the Limited Disclosure will be shared. Only upon receiving written consent 19 and approval of the Limited Disclosure Request from the Designating Party, the 20 Receiving Party’s Outside Counsel of Record may disclose the written summary 21 of the “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information or item 22 with the approved individual or individuals. A failure to respond by the 23 Designating Party shall not be deemed consent and approval. 24 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 25 PRODUCED IN OTHER LITIGATION 26 If a Party is served with a subpoena or a court order issued in another 27 litigation that compels disclosure of any information or items designated in this 1 ATTORNEYS’ EYES ONLY,” that Party must: 2 (a) promptly notify in writing the Designating Party. Such 3 notification shall include a copy of the subpoena or court order; 4 (b) promptly notify in writing the party who caused the subpoena 5 or order to issue in the other litigation that some or all of the material 6 covered by the subpoena or order is subject to this Protective Order. Such 7 notification shall include a copy of this Stipulated Protective Order; and 8 (c) cooperate with respect to all reasonable procedures sought to 9 be pursued by the Designating Party whose Protected Material may be 10 affected. 11 If the Designating Party timely seeks a protective order, the Party served 12 with the subpoena or court order shall not produce any information designated in 13 this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 14 ATTORNEYS’ EYES ONLY” before a determination by the court from which 15 the subpoena or order issued, unless the Party has obtained the Designating 16 Party’s permission. The Designating Party shall bear the burden and expense of 17 seeking protection in that court of its Protected Material and nothing in these 18 provisions should be construed as authorizing or encouraging a Receiving Party 19 in this Action to disobey a lawful directive from another court. 20 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 21 PRODUCED IN THIS LITIGATION 22 (a) The terms of this Order are applicable to information produced by a 23 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 24 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced 25 by Non-Parties in connection with this litigation is protected by the remedies and 26 relief provided by this Order. Nothing in these provisions should be construed as 27 prohibiting a Non-Party from seeking additional protections. 1 produce a Non-Party’s confidential information in its possession, and the Party is 2 subject to an agreement with the Non-Party not to produce the Non-Party’s 3 confidential information, then the Party shall: 4 (1) promptly notify in writing the Requesting Party and the Non- 5 Party that some or all of the information requested is subject to a 6 confidentiality agreement with a Non-Party; 7 (2) promptly provide the Non-Party with a copy of the Stipulated 8 Protective Order in this Action, the relevant discovery request(s), and a 9 reasonably specific description of the information requested; and 10 (3) make the information requested available for inspection by the 11 Non-Party, if requested. 12 (c) If the Non-Party fails to seek a protective order from this court within 13 14 days of receiving the notice and accompanying information, the Receiving 14 Party may produce the Non-Party’s confidential information responsive to the 15 discovery request. If the Non-Party timely seeks a protective order, the Receiving 16 Party shall not produce any information in its possession or control that is subject 17 to the confidentiality agreement with the Non-Party before a determination by the 18 court. Absent a court order to the contrary, the Non-Party shall bear the burden 19 and expense of seeking protection in this court of its Protected Material. 20 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 If a Receiving Party learns that, by inadvertence or otherwise, it has 22 disclosed Protected Material to any person or in any circumstance not authorized 23 under this Stipulated Protective Order, the Receiving Party must immediately: 24 (a) notify in writing the Designating Party of the unauthorized 25 disclosures; 26 (b) use its best efforts to retrieve all unauthorized copies of the Protected 27 Material; 1 made of all the terms of this Order; and 2 (d) request such person or persons to execute the “Acknowledgment and 3 Agreement to Be Bound” that is attached hereto as Exhibit A. 4 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 5 OTHERWISE PROTECTED MATERIAL 6 The production of privileged or work-product protected documents, 7 electronically stored information or information, whether inadvertent or 8 otherwise, is not a waiver of the privilege or protection from discovery in this 9 case or in any other federal or state proceeding. This Order shall be interpreted 10 to provide the maximum protection allowed by Federal Rule of Evidence 502. 11 Nothing contained herein is intended to or shall serve to limit a Party’s right 12 to conduct a review of documents, ESI or information (including metadata) for 13 relevance, responsiveness, and/or segregation of privileged and/or protected 14 information before production. 15 If a Party through inadvertence produces or provides Disclosure or 16 Discovery Material which it believes is subject to a claim of an applicable 17 privilege, the Producing Party may give written notice to the Receiving Party or 18 Parties that the Disclosure or Discovery Material is subject to a claim of privilege 19 and request that it be returned to the Producing Party. If a Producing Party or 20 Non-Party requests the return, pursuant to this paragraph, of any Disclosure or 21 Discovery Material, the Receiving Party or Parties shall not use or disclose, and 22 shall immediately return to the Producing Party all copies of such Disclosure or 23 Discovery Material or confirm that all copies have been destroyed. Return of the 24 Disclosure or Discovery Material by the Receiving Party shall not constitute an 25 admission or concession, or permit any inference, that the returned Disclosure or 26 Discovery Material is, in fact, properly subject to a claim of privilege nor shall it 27 foreclose any Party from moving the court for an order that such Disclosure or 1 Discovery Material has been improperly designated for reasons other than a 2 waiver caused by the inadvertent production. 3 The inadvertent or unintentional disclosure by a Party or Non-Party of 4 Disclosure or Discovery Material which it believes should have been designated 5 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 6 ONLY,” regardless of whether it was so designated at the time of disclosure, shall 7 not be deemed a waiver in whole or in part of the Party’s or Non-Party’s claim of 8 confidentiality, either as to the specific information disclosed or as to any other 9 information relating thereto or on the same or related subject matter, provided that 10 the Party or Non-Party notifies the Receiving Party as soon as reasonably 11 practicable after discovery of the inadvertent or unintentional failure to designate 12 but in no event more than 14 business days. If a Party or Non-Party inadvertently 13 or unintentionally produces or discloses Protected Material without designating it 14 as such, the Party or Non-Party may give written notice to the Receiving Party or 15 Parties that the Disclosure or Discovery Material is designated 16 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 17 ONLY,” and should be treated in accordance with the provisions of this Stipulated 18 Protective Order. The Receiving Party or Parties must treat such Disclosure or 19 Discovery Material as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 20 ATTORNEYS’ EYES ONLY,” from the date such notice is received. Disclosure 21 of such Disclosure or Discovery Material, prior to receipt of such notice, to 22 persons not authorized to receive Protected Material shall not be deemed a 23 violation of this Stipulated Protective Order; however, those persons to whom 24 disclosure was made are to be advised that the Protected Material disclosed is 25 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 26 ONLY,” and must be treated in accordance with this Stipulated Protective Order. 27 / / / 1 14. MISCELLANEOUS 2 14.1 Right to Further Relief. Nothing in this Order abridges the right of 3 any person to seek its modification by the Court in the future. 4 14.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in 7 this Stipulated Protective Order. Similarly, no Party waives any right to object on 8 any ground to use in evidence of any of the material covered by this Protective 9 Order. 10 14.3 Filing Protected Material. A Party that seeks to file under seal any 11 Protected Material must comply with Civil Local Rule 79-5. Protected Material 12 may only be filed under seal pursuant to a court order authorizing the sealing of 13 the specific Protected Material at issue. If a Party's request to file Protected 14 Material under seal is denied by the court, then the Receiving Party may file the 15 information in the public record unless otherwise instructed by the court. 16 14.4 Related Proceeding. In order to promote efficiency in this case, the 17 Parties stipulate and agree that they may use Disclosure or Discovery Material 18 that Monster and/or Metro Giant produced in Monster Energy Company v. Metro 19 Giant, Inc., Trademark Trial and Appeal Board Proceeding No. 9124112 (“the 20 Opposition”). The parties agree that the Disclosure or Discovery Material 21 produced by Monster and/or Metro Giant in the Opposition will be subject to this 22 Stipulated Protective Order. The parties further agree that any Protected Material 23 from the Opposition will be afforded the same level of confidentiality protection 24 as originally designated (i.e. through the confidentiality designation marked on 25 the documents or in correspondence between the parties). For avoidance of doubt, 26 any Disclosure or Discovery Material marked “TRADE 27 SECRET/COMMERCIALLY SENSITIVE” in the Opposition shall be treated as 1 under the terms of this Stipulated Protective Order and any Disclosure or 2 Discovery Material marked “CONFIDENTIAL” in the Opposition shall be 3 treated as if designated “CONFIDENTIAL” under the terms of this Stipulated 4 Protective Order 5 15. FINAL DISPOSITION 6 After the final disposition of this Action, within 60 days of a written request 7 by the Designating Party, each Receiving Party must return all Protected Material 8 to the Producing Party or destroy such material. As used in this subdivision, “all 9 Protected Material” includes all copies, abstracts, compilations, summaries, and 10 any other format reproducing or capturing any of the Protected Material. Whether 11 the Protected Material is returned or destroyed, the Receiving Party must submit 12 a written certification to the Producing Party (and, if not the same person or entity, 13 to the Designating Party) by the 60-day deadline that states all Protected Material 14 was returned or destroyed and affirms that the Receiving Party has not retained 15 any copies, abstracts, compilations, summaries or any other format reproducing 16 or capturing any of the Protected Material. Notwithstanding this provision, 17 Counsel are entitled to retain an archival copy of all pleadings, motion papers, 18 trial, deposition, and hearing transcripts, legal memoranda, correspondence, 19 deposition and trial exhibits, expert reports, attorney work product, and consultant 20 and expert work product, even if such materials contain Protected Material. Any 21 such archival copies that contain or constitute Protected Material remain subject 22 to this Stipulated Protective Order. 23 16. VIOLATION 24 Any violation of this Order may be punished by any and all appropriate 25 measures including, without limitation, contempt proceedings and/or monetary 26 sanctions. 27 / / / 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 Respectfully submitted, 3 KNOBBE, MARTENS, OLSON & BEAR, LLP 4 5 Dated: July 30, 2021 By: /s/ Jason A. Champion 6 Steven J. Nataupsky Lynda J. Zadra-Symes 7 Jason A. Champion Hans L. Mayer 8 Attorneys for Plaintiff, 9 MONSTER ENERGY COMPANY 10 11 DEAN & FULKERSON, P.C. 12 13 Dated: July 30, 2021 By: /s/ Robert J. Figa (with permission Jason A. Champion) 14 15 Robert J. Figa 16 Attorneys for Defendants, METRO GIANT, INC. and 17 CHRISTOPHER ANKAWI 18 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19 DATED:___J_u_ly_ _3_0_, _2_0_2_1___________ 20 21 _____________________________________ 22 Hon. Shashi H. Kewalramani United States Magistrate Judge 23 24 25 26 27 1 EXHIBIT A 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 perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of 7 California in the case of Monster Energy Company v. Metro Giant, Inc., et al., 8 Case No. 5:20-cv-02616-JGB-SHK. I agree to comply with and to be bound by 9 all the terms of this Stipulated Protective Order and I understand and acknowledge 10 that failure to so comply could expose me to sanctions and punishment in the 11 nature of 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 17 of this action. I hereby appoint __________________________ [print or type 18 full name] of _______________________________________ [print or type full 19 address and telephone number] as my California agent for service of process in 20 connection with this action or any proceedings related to enforcement of this 21 Stipulated Protective Order. 22 Date: ______________________________________ 23 City and State or Nation where sworn and signed:________________________ 24 Printed name: _______________________________ 25 Signature: __________________________________ 26 35270940 27