1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 8 g || NICOLE DUVAL, an individual, Case No. 2:21-cv-04709-MWF-AFM [Hon. Michael W. Fitzgerald-Crtrm 5A] 10 Plaintiff, 11 |) YS. {PROPOSED} PROTECTIVE ORDER 12 || RESIDENCE INN BY MARRIOTT 4 LOS ANGELES PASADENA, 3 13 corporate formation unknown; and DOES | through 100, inclusive, Complaint Filed: = May 7, 2021 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] PROTECTIVE ORDER □□

1 || 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 || proprietary or private information for which special protection from public 4 || disclosure and from use for any purpose other than prosecuting this litigation may 5 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 || enter the following Stipulated Protective Order. The parties acknowledge that this 7 || 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. 1] B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, customer, vendor and pricing 13 || lists and other valuable research, development, commercial, financial, technical, 14 || marketing and/or proprietary information for which special protection from public 15 || disclosure and from use for any purpose other than prosecution of this action is 16 || warranted. Such confidential and proprietary materials and information consist of, 17 || among other things, confidential business or financial information, information 18 || regarding confidential business practices, or other confidential research, 19 || development, or commercial information (including information implicating 20 || privacy rights of vendors, customers and other third parties), information otherwise 21 || generally unavailable to the public, or which may be privileged or otherwise 22 || protected from disclosure under state or federal statutes, court rules, case decisions, 23 || orcommon law. Accordingly, to expedite the flow of information, to facilitate the 24 || prompt resolution of disputes over confidentiality of discovery materials, to 25 || adequately protect information the parties are entitled to keep confidential, to 26 || ensure that the parties are permitted reasonable necessary uses of such material in 27 || preparation for and in the conduct of trial, to address their handling at the end of, 28 || and following, the litigation, and serve the ends of justice, a protective order for De

1 || such information is justified in this matter. It is the intent of the parties that 2 || information will not be designated as confidential for tactical reasons and that 3 |) nothing be so designated without a good faith belief that it has been maintained in a 4 || confidential, non-public manner, and there is good cause why it should not be part 5 || of the public record of this case. 6 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 7 SEAL 8 The parties further acknowledge, as set forth in Section 12.3, below, that this 9 || Stipulated Protective Order does not entitle them to file confidential information 10 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 11 || the standards that will be applied when a party seeks permission from the court to 12 || file material under seal. 13 There is a strong presumption that the public has a right of access to judicial 14 || proceedings and records in civil cases. In connection with non-dispositive motions, 15 || good cause must be shown to support a filing under seal. See Kamakana v. City and 16 || County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. Motors 17 || Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 18 || Inc.,

(E.D. Wis. 1999) (even stipulated protective orders require 19 || good cause showing), and a specific showing of good cause or compelling reasons 20 || with proper evidentiary support and legal justification, must be made with respect to 21 || Protected Material that a party seeks to file under seal. The parties’ mere designation 22 || of Disclosure or Discovery Material as CONFIDENTIAL does not— without the 23 || submission of competent evidence by declaration, establishing that the material 24 || sought to be filed under seal qualifies as confidential, privileged, or otherwise 25 || protectable—constitute good cause. 26 Further, if a party requests sealing related to a dispositive motion or trial, 27 || then compelling reasons, not only good cause, for the sealing must be shown, and 28 || the relief sought shall be narrowly tailored to serve the specific interest to be

1 || protected. See Pintos v. Pacific Creditors Ass’n.,

(9th Cir. 2 |} 2010). For each item or type of information, document, or thing sought to be filed 3 || or introduced under seal in connection with a dispositive motion or trial, the party 4 || seeking protection must articulate compelling reasons, supported by specific facts 5 || and legal justification, for the requested sealing order. Again, competent evidence 6 || supporting the application to file documents under seal must be provided by 7 || declaration. 8 Any document that is not confidential, privileged, or otherwise protectable in 9 || its entirety will not be filed under seal if the confidential portions can be redacted. 10 || If documents can be redacted, then a redacted version for public viewing, omitting 11 || only the confidential, privileged, or otherwise protectable portions of the document, 12 || shall be filed. Any application that seeks to file documents under seal in their 13 || entirety should include an explanation of why redaction is not feasible. 14/2. DEFINITIONS 15 2.1 Action: this pending federal lawsuit. 16 2.2 Challenging Party: a Party or Non-Party that challenges the designation 17 || of information or items under this Order. 18 2.3. “CONFIDENTIAL” Information or Items: information (regardless of 19 || how itis generated, stored or maintained) or tangible things that qualify for protection 20 || under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 21 || Cause Statement. 22 2.4 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” 23 || Information or Items: extremely sensitive “CONFIDENTIAL” Information or 24 |) Items, the disclosure of which to another Party or Non-Party would create a 25 || substantial risk of serious harm that could not be avoided by less restrictive means. 26 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 27 || their support staff). 28

1 2.6 Designating Party: a Party or Non-Party that designates information or 2 || items that it produces in disclosures or in responses to discovery as 3 | “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 4 || ONLY.” 5 2.7 Disclosure or Discovery Material: all items or information, regardless 6 || of the medium or manner in which it is generated, stored, or maintained (including, 7 || among other things, testimony, transcripts, and tangible things), that are produced 8 || or generated in disclosures or responses to discovery in this matter. 9 2.8 Expert: a person with specialized knowledge or experience in a matter 10 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 11 || an expert witness or as a consultant in this Action. 12 2.9 House Counsel: attorneys who are employees of a party to this Action. 13 || House Counsel does not include Outside Counsel of Record or any other outside 14 || counsel. 15 2.10 Non-Party: any natural person, partnership, corporation, association or 16 || other legal entity not named as a Party to this action. 17 2.11 Outside Counsel of Record: attorneys who are not employees of a party 18 || to this Action but are retained to represent or advise a party to this Action and have 19 |) appeared in this Action on behalf of that party or are affiliated with a law firm that 20 || has appeared on behalf of that party, and includes support staff. 21 2.12 Party: any party to this Action, including all of its officers, directors, 22 || employees, consultants, retained experts, and Outside Counsel of Record (and their 23 || support staffs). 24 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 25 || Discovery Material in this Action. 26 2.14 Professional Vendors: persons or entities that provide litigation support 27 || services (e.g., photocopying, videotaping, translating, preparing exhibits or 28

1 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 2 || and their employees and subcontractors. 3 2.15 Protected Material: any Disclosure or Discovery Material that is || designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- 5 | ATTORNEYS’ EYES ONLY.” 6 2.16 Receiving Party: a Party that receives Disclosure or Discovery 7 | Material from a Producing Party. 8 || 3. SCOPE 9 The protections conferred by this Stipulation and Order cover not only 10 || Protected Material (as defined above), but also (1) any information copied or 11 || extracted from Protected Material; (2) all copies, excerpts, summaries, or 12 || compilations of Protected Material; and (3) any testimony, conversations, or 13 || presentations by Parties or their Counsel that might reveal Protected Material. 14 Any use of Protected Material at trial shall be governed by the orders of the 15 |) trial judge. This Order does not govern the use of Protected Material at trial. 16 |] 4. DURATION 17 Once a case proceeds to trial, information that was designated as 18 || CONFIDENTIAL or maintained pursuant to this protective order used or introduced 19 |) as an exhibit at trial becomes public and will be presumptively available to all 20 || members of the public, including the press, unless compelling reasons supported by 21 || specific factual findings to proceed otherwise are made to the trial judge in advance 22 || of the trial. See Kamakana,

(distinguishing “good cause” 23 || showing for sealing documents produced in discovery from “compelling reasons” 24 || standard when merits-related documents are part of court record). Accordingly, the 25 || terms of this protective order do not extend beyond the commencement of the trial. 26 || 5. DESIGNATING PROTECTED MATERIAL 27 5.1 Exercise of Restraint and Care in Designating Material for Protection. 28 || Each Party or Non-Party that designates information or items for protection under

1 || this Order must take care to limit any such designation to specific material that 2 || qualifies under the appropriate standards. The Designating Party must designate for 3 || protection only those parts of material, documents, items or oral or written 4 || communications that qualify so that other portions of the material, documents, 5 || 1tems, or communications for which protection is not warranted are not swept 6 || unjustifiably within the ambit of this Order. 7 Mass, indiscriminate, or routinized designations are prohibited. Designations 8 || that are shown to be clearly unjustified or that have been made for an improper 9 || purpose (e.g., to unnecessarily encumber the case development process or to impose 10 || unnecessary expenses and burdens on other parties) may expose the Designating 11 || Party to sanctions. 12 If it comes to a Designating Party’s attention that information or items that it 13 || designated for protection do not qualify for protection, that Designating Party must 14 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 15 5.2 Manner and Timing of Designations. Except as otherwise provided in 16 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 17 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 18 || under this Order must be clearly so designated before the material is disclosed or 19 || produced. 20 Designation in conformity with this Order requires: 21 (a) for information in documentary form (e.g., paper or electronic 22 || documents, but excluding transcripts of depositions or other pretrial or trial 23 || proceedings), that the Producing Party affix at a minimum, the legend 24 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY 25 || CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” (hereinafter “HIGHLY 26 || CONFIDENTIAL -- ATTORNEYS’ EYES ONLY legend”) to each page that 27 || contains protected material. If only a portion of the material on a page qualifies for 28

1 || protection, the Producing Party also must clearly identify the protected portion(s) 2 || (e.g., by making appropriate markings in the margins). 3 A Party or Non-Party that makes original documents available for 4 || inspection need not designate them for protection until after the inspecting Party has 5 || indicated which documents it would like copied and produced. During the inspection 6 || and before the designation, all of the material made available for inspection shall be 7 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the 8 || documents it wants copied and produced, the Producing Party must determine which 9 || documents, or portions thereof, qualify for protection under this Order. Then, before 10 || producing the specified documents, the Producing Party must affix the 11 | “CONFIDENTIAL legend” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ 12 || EYES ONLY” to each page that contains Protected Material. If only a portion of the 13 || material on a page qualifies for protection, the Producing Party also must clearly 14 || identify the protected portion(s) (e.g., by making appropriate markings in the 15 || margins). 16 (b) for testimony given in depositions, that the Designating Party identify 17 |) all protected testimony and specify the level of protection being asserted, either (1) 18 || on the record, before the close of the deposition; (2) in the case of depositions other 19 || than those taken as part of the Parties’ stipulated jurisdictional discovery, in writing 20 || within 14 calendar days following the deposition; or (3) in the case of depositions 21 || taken as part of the Parties’ stipulated jurisdictional discovery, in writing within three 22 || calendar days following the deposition. Prior to the expiration of this 14-day period 23 || (or, in the case of depositions taken as part of the Parties’ stipulated jurisdictional 24 || discovery, three-day period), all information disclosed during a deposition shall be 25 || treated as “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” unless 26 || otherwise agreed by the Parties or ordered by the Court. After expiration of this 14- 27 || day period (or, in the case of depositions taken as part of the Parties’ stipulated 28 || jurisdictional discovery, three-day period), only those portions of the testimony that

1 || are appropriately designated for protection as set forth above shall be covered by the 2 || provisions of this Stipulated Protective Order. 3 The use of a document as an exhibit at a deposition shall not in any way 4 || affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- 5 | ATTORNEYS’ EYES ONLY.” 6 Transcripts containing Protected Material shall have an obvious legend on 7 || the title page that the transcript contains Protected Material, and the title page shall 8 || be followed by a list of all pages (including line numbers as appropriate) that have 9 || been designated as Protected Material and the level of protection being asserted by 10 || the Designating Party. The Designating Party shall inform the court reporter of 11 || these requirements. Any transcript that is prepared before the expiration of the 14- 12 || day period (or, in the case of depositions taken as part of the Parties’ stipulated 13 || jurisdictional discovery, three-day period) for designation shall be treated during 14 || that period as if it had been designated “HIGHLY CONFIDENTIAL -- 15 | ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After the 16 || expiration of that period, the transcript shall be treated only as actually designated. 17 (c) for information produced in some form other than documentary and 18 || for any other tangible items, that the Producing Party affix in a prominent place on 19 || the exterior of the container or containers in which the information is stored the 20 || legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ 21 || EYES ONLY.” If only a portion or portions of the information warrants protection, 22 || the Producing Party, to the extent practicable, shall identify the protected portion(s). 23 (d) for electronic files produced in native electronic format, by (1) 24 || appending to the file names or designators information indicating whether the file 25 || contains “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ 26 || EYES ONLY” material, or (2) using any other reasonable method for so designating 27 || Protected Materials produced in native electronic format. When files produced in 28 || native electronic format are printed for use at deposition, in a court proceeding, or

1 || for provision in printed form to any persons entitled to receive them pursuant to 2 || Section 7 (ACCESS TO AND USE OF PROTECTED MATERIAL), the party 3 || printing the files shall affix a legend to the printed documents corresponding to the 4 || designation of the Designating Party and including the Bates numbers and 5 || confidentiality designations associated with the native files. 6 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 7 || failure to designate qualified information or items does not, standing alone, waive 8 || the Designating Party’s right to secure protection under this Order for such material. 9 | Upon timely correction of a designation, the Receiving Party must make reasonable 10 || efforts to assure that the material is treated in accordance with the provisions of this 11 |) Order. 12 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 6.1 Timing of Challenges. Any Party or Non-Party may challenge 14 || a designation of confidentiality at any time that is consistent with the 15 |) Court’s Scheduling Order. 16 6.2 Meet and Confer. The Challenging Party shall initiate the 17 || dispute resolution process under Local Rule 37-1 et seq. 18 6.3. Joint Stipulation. Any challenge submitted to the Court shall be via a 19 || joint stipulation pursuant to Local Rule 37-2. 20 6.4 The burden of persuasion in any such challenge proceeding shall be 21 || on the Designating Party. Frivolous challenges, and those made for an improper 22 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 23 || parties) may expose the Challenging Party to sanctions. Unless the Designating 24 || Party has waived or withdrawn the confidentiality designation, all parties shall 25 || continue to afford the material in question the level of protection to which it is 26 || entitled under the Producing Party’s designation until the Court rules on the 27 || challenge. 28 || /// 10

1 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 || disclosed or produced by another Party or by a Non-Party in connection with this 4 || Action only for prosecuting, defending, or attempting to settle this Action. Such 5 || Protected Material may be disclosed only to the categories of persons and under the 6 || conditions described in this Order. When the Action has been terminated, a 7 || Receiving Party must comply with the provisions of section 13 below (FINAL 8 || DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 || location and in a secure manner that ensures that access is limited to the persons 11 || authorized under this Order. 12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 13 || otherwise ordered by the court or permitted in writing by the Designating Party, a 14 | Receiving Party may disclose any information or item designated 15 | “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 17 || well as employees of said Outside Counsel of Record to whom it is reasonably 18 ||necessary to disclose the information for this Action; 19 (b) the officers, directors, and employees (including House Counsel) of 20 || the Receiving Party to whom disclosure is reasonably necessary for this Action; 21 (c) Experts (as defined in this Order) of the Receiving Party to whom 22 || disclosure is reasonably necessary for this Action and who have signed the 23 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (d) the court and its personnel; 25 (e) court reporters and their staff; 26 (f) professional jury or trial consultants, mock jurors, and Professional 27 || Vendors to whom disclosure is reasonably necessary for this Action and who have 28 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11

1 (g) the author or recipient of a document containing the information or a 2 || custodian or other person who otherwise possessed or knew the information; 3 (h) during their depositions, witnesses, and attorneys for witnesses, in the 4 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party 5 || requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 6 |} not be permitted to keep any confidential information unless they sign the 7 | “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 8 || agreed by the Designating Party or ordered by the court. Pages of transcribed 9 || deposition testimony or exhibits to depositions that reveal Protected Material may be 10 || separately bound by the court reporter and may not be disclosed to anyone except as 11 || permitted under this Stipulated Protective Order; and 12 (1) any mediator or settlement officer, and their supporting personnel, 13 || mutually agreed upon by any of the parties engaged in settlement discussions. 14 7.3. Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 15 | ONLY” Information or Items. Unless otherwise ordered by the court or permitted 16 || in writing by the Designating Party, a Receiving Party may disclose any 17 || information or item designated “CONFIDENTIAL” only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 19 || as employees of said Outside Counsel of Record to whom it is reasonably necessary 20 || to disclose the information for this Action; 21 (b) Experts (as defined in this Order) of the Receiving Party to whom 22 || disclosure is reasonably necessary for this Action and who have signed the 23 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (c) the court and its personnel; 25 (d) private court reporters and their staff to whom disclosure is reasonably 26 || necessary for this Action and who have signed the “Acknowledgment and 27 || Agreement to Be Bound” (Exhibit A); 28 12

1 (e) professional jury or trial consultants, mock jurors, and Professional 2 || Vendors to whom disclosure 1s reasonably necessary for this Action and who have 3 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (f) the author or recipient of a document containing the information or a 5 || custodian or other person who otherwise possessed or knew the information; and 6 (g) any mediator or settlement officer, and their supporting personnel, 7 || mutually agreed upon by any of the parties engaged in settlement discussions, who 8 || have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 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 12 || litigation that compels disclosure of any information or items designated in this 13 || Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ 14 | EYES ONLY,” that Party must: 15 (a) promptly notify in writing the Designating Party. Such notification 16 |) shall include a copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the subpoena or order 18 |) to issue in the other litigation that some or all of the material covered by the subpoena 19 |) or order is subject to this Protective Order. Such notification shall include a copy of 20 (c) this Stipulated Protective Order; and cooperate with respect to all 21 || reasonable procedures sought to be pursued by the Designating Party whose 22 || Protected Material may be affected. 23 If the Designating Party timely seeks a protective order, the Party served with 24 || the subpoena or court order shall not produce any information designated in this 25 || action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ 26 || EYES ONLY” before a determination by the court from which the subpoena or order 27 || issued, unless the Party has obtained the Designating Party’s permission. The 28 || Designating Party shall bear the burden and expense of seeking protection in that 13

1 || court of its confidential material and nothing in these provisions should be construed 2 || as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 3 || directive from another court. 4/9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 5 PRODUCED IN THIS LITIGATION 6 (a) The terms of this Order are applicable to information produced by a 7 | Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 8 || CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” Such information produced by 9 | Non-Parties in connection with this litigation is protected by the remedies and relief 10 || provided by this Order. Nothing in these provisions should be construed as 11 || prohibiting a Non-Party from seeking additional protections. 12 || In the event that a Party is required, by a valid discovery request, to produce a Non- 13 || Party’s confidential information in its possession, and the Party is 14 (b) Inthe event that a Party is required, by a valid discovery request, to 15 || produce a Non-Party’s confidential information in its possession, and the Party is 16 || subject to an agreement with the Non-Party not to produce the Non-Party’s 17 || confidential information, then the Party shall: 18 (1) promptly notify in writing the Requesting Party and the Non- 19 Party that some or all of the information requested is subject to a 20 confidentiality agreement with a Non-Party; 21 (2) promptly provide the Non-Party with a copy of the Stipulated 22 Protective Order in this Action, the relevant discovery request(s), and a 23 reasonably specific description of the information requested; and 24 (3) make the information requested available for inspection by the 25 Non-Party, if requested. 26 (c) Ifthe Non-Party fails to seek a protective order from this court within 27 || 14 days of receiving the notice and accompanying information, the Receiving Party 28 || may produce the Non-Party’s confidential information responsive to the discovery 14

1 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall 2 || not produce any information in its possession or control that is subject to the 3 | confidentiality agreement with the Non-Party before a determination by the court. 4 || Absent a court order to the contrary, the Non-Party shall bear the burden and 5 || expense of seeking protection in this court of its Protected Material. 6 || 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 8 || Protected Material to any person or in any circumstance not authorized under this 9 |) Stipulated Protective Order, the Receiving Party must immediately (a) notify in 10 || writing the Designating Party of the unauthorized disclosures, (b) use its best 11 || efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 12 || person or persons to whom unauthorized disclosures were made of all the terms of 13 || this Order, and (d) request such person or persons to execute the “Acknowledgment 14 || and Agreement to Be Bound” that is attached hereto as Exhibit A. 15 | 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 16 PROTECTED MATERIAL 17 When a Producing Party gives notice to Receiving Parties that certain 18 || inadvertently produced material is subject to a claim of privilege or other protection, 19 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 20 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 21 || may be established in an e-discovery order that provides for production without 22 || prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (ce), insofar 23 || as the parties reach an agreement on the effect of disclosure of a communication or 24 || information covered by the attorney-client privilege or work product protection, the 25 || parties may incorporate their agreement in the stipulated protective order submitted 26 || to the court. 27 || 12. MISCELLANEOUS 28 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 15

1 || person to seek its modification by the Court in the future. 2 12.2 Right to Assert Other Objections. By stipulating to the entry of this 3 || Protective Order, no Party waives any right it otherwise would have to object to 4 || disclosing or producing any information or item on any ground not addressed in this 5 || Stipulated Protective Order. Similarly, no Party waives any right to object on any 6 || ground to use in evidence of any of the material covered by this Protective Order. 7 12.3 Filing Protected Material. A Party that seeks to file under seal any 8 || Protected Material must comply with Local Civil Rule 79-5. Protected Material 9 |) may only be filed under seal pursuant to a court order authorizing the sealing of the 10 || specific Protected Material at issue. If a Party’s request to file Protected Material 11 |) under seal is denied by the court, then the Receiving Party may file the information 12 || in the public record unless otherwise instructed by the court. © 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 16 |) return all Protected Material to the Producing Party or destroy such material. As 17 || used in this subdivision, “all Protected Material” includes all copies, abstracts, 18 || compilations, summaries, and any other format reproducing or capturing any of the 19 |) Protected Material. Whether the Protected Material is returned or destroyed, the 20 || Receiving Party must submit a written certification to the Producing Party (and, if 21 || not the same person or entity, to the Designating Party) by the 60 day deadline that 22 || (1) identifies (by category, where appropriate) all the Protected Material that was 23 || returned or destroyed and (2) affirms that the Receiving Party has not retained any 24 || copies, abstracts, compilations, summaries or any other format reproducing or 25 || capturing any of the Protected Material. Notwithstanding this provision, Counsel 26 || are entitled to retain an archival copy of all pleadings, motion papers, trial, 27 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition 28 || and trial exhibits, expert reports, attorney work product, and consultant and expert 16

1 || work product, even if such materials contain Protected Material. Any such archival 2 || copies that contain or constitute Protected Material remain subject to this Protective 3 || Order as set forth in Section 4 (DURATION). 4} 14. VIOLATION 5 Any violation of this Order may be punished by appropriate measures 6 || including, without limitation, contempt proceedings and/or monetary sanctions. 7 8 IT IS SO ORDERED. (by Mix k . —— g | DATED: 9/16/2021 Hon. ALEXANDER F. MacKINNON 10 United States Magistrate Judge 11 12

i 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], of 4 [print or type full 5 | 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 Nicole 8 || Duval v. Residence Inn By Marriott, LLC et al., Case No. 2:21-cv-04709-MWF- 9 || AFM. I agree to comply with and to be bound by all the terms of this Stipulated 10 || Protective Order and I understand and acknowledge that failure to so comply could 11 || expose me to sanctions and punishment in the nature of contempt. I solemnly promise 12 || that I 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 for the 16 || Central District of California for the purpose of enforcing the terms of this Stipulated 17 || Protective Order, even if such enforcement proceedings occur after 18 |) termination of this action. I hereby appoint [print or type full 19 |) name] of [print or type 20 |) full address and telephone number] as my California agent for service of process in 21 || connection with this action or any proceedings related to enforcement of this 22 || Stipulated Protective Order. 23 || Date: 24 || City and State where sworn and signed: *> | Printed Name: 26 97 || Signature: 28 18