TIFFANY CHEUNG (CA SBN 211497) 1 [email protected] MICHAEL BURSHTEYN (CA SBN 295320) 2 [email protected] MORRISON & FOERSTER LLP NOTE: CHANGES MADE BY THE COURT 3 425 Market Street San Francisco, California 94105-2482 4 Telephone: 415.268.7000 Facsimile: 415.268.7522 5 NANCY R. THOMAS (CA SBN 236185) 6 [email protected] MIA N. AKERS (CA SBN 323571) 7 [email protected] Morrison & Foerster LLP 8 707 Wilshire Boulevard Los Angeles, California 90017-3543 9 Telephone: 213.892.5200 Facsimile: 213.892.5454 10 Attorneys for Defendant 11 COMMUNITY.COM, INC.

12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14

15 SHAWN ADLER AND GAVIN Case No. 2:21-cv-02416-SB-JPR MCDONOUGH, on behalf of 16 themselves and others similarly situated, STIPULATED PROTECTIVE 17 ORDER Plaintiffs, 18 vs. Judge: Stanley Blumenfeld, Jr. 19

COMMUNITY.COM, INC., 20 [Discovery Document: Referred to Defendant. Magistrate Judge Jean P. Rosenbluth] 21

22 Complaint filed: March 18, 2021 Am Compl. filed: April 5, 2021 23 24 25 26 27 1 1. INTRODUCTION 2 1.1 PURPOSES AND LIMITATIONS 3 Discovery in this action is likely to involve production of confidential, 4 proprietary, or private information for which special protection from public 5 disclosure and from use for any purpose other than prosecuting this litigation may 6 be warranted. Accordingly, the Parties hereby stipulate to and petition the Court to 7 enter the following Stipulated Protective Order. The Parties acknowledge that this 8 Order does not confer blanket protections on all disclosures or responses to 9 discovery and that the protection it affords from public disclosure and use extends 10 only to the limited information or items that are entitled to confidential treatment 11 under the applicable legal principles. The Parties further acknowledge, as set forth 12 in Section 12.3 below, that this Order does not entitle them to file Confidential 13 Information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 14 followed and the standards that will be applied when a Party seeks permission from 15 the Court to file material under seal. 16 1.2. GOOD CAUSE STATEMENT 17 This action is likely to involve confidential or proprietary information, or 18 trade secrets and other valuable commercial, financial, technical or competitively 19 sensitive information for which special protection from public disclosure and from 20 use for any purpose other than prosecution of this action is warranted. Such 21 confidential business or financial information may consist of information regarding 22 confidential business practices, or other confidential research, development, or 23 commercial information (including information implicating privacy rights of third 24 parties), information otherwise generally unavailable to the public, or which may be 25 privileged or otherwise protected from disclosure under state or federal statutes, 26 court rules, case decisions, or common law. Accordingly, to expedite the flow of 27 information, to facilitate the prompt resolution of disputes over confidentiality of 1 confidential, to ensure that the parties are permitted reasonable necessary uses of 2 such material in preparation for and in the conduct of trial, to address their handling 3 at the end of the litigation, and serve the ends of justice, a protective order for such 4 information is justified in this matter. It is the intent of the parties that information 5 will not be designated as confidential for tactical reasons and that nothing will be so 6 designated without a good faith belief that it has been maintained in a confidential, 7 non-public manner, and there is good cause why it should not be part of the public 8 record of this case. 9 2. DEFINITIONS 10 2.1 Action: The pending federal action titled Adler, et al. v. 11 Community.com, Case No. 2:21-cv-02416-SB-JPR. 12 2.2 Challenging Party: a Party or Non-Party that challenges the 13 designation of information or items under this Order. 14 2.3 “CONFIDENTIAL” Information: information (regardless of how it is 15 generated, stored, or maintained) or tangible things that qualify for protection under 16 Federal Rule of Civil Procedure 26(c) and as specified above in the Good Cause 17 Statement. 18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 19 their support staff). 20 2.5 Designating Party: a Party or Non-Party that designates information or 21 items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL” and “HIGHLY CONFIDENTIAL.” 23 2.6 Disclosure or Discovery Material: all items or information, regardless 24 of the medium or manner in which it is generated, stored, or maintained (including, 25 among other things, testimony, transcripts, and tangible things), that are produced or 26 generated in disclosures or responses to discovery in this matter. 27 1 2.7 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 2.8 “HIGHLY CONFIDENTIAL” Information: information (regardless of 5 how it is generated, stored, or maintained) or tangible things that contain highly 6 sensitive information, including, but not limited to, system and product 7 specifications, design partners and/or processes, or the identities and terms of 8 agreement with third parties. 9 2.9 House Counsel: attorneys who are employees of a Party to this Action. 10 House Counsel does not include Outside Counsel of Record or any other outside 11 counsel. 12 2.10 Non-Party: any natural person, partnership, corporation, association, or 13 other legal entity not named as a Party to this action. 14 2.11 Outside Counsel of Record: attorneys who are not employees of a 15 Party to this Action but are retained to represent or advise a Party to this Action and 16 have appeared in this Action on behalf of that Party or are affiliated with a law firm 17 that has appeared on behalf of that party, including support staff. 18 2.12 Party: any party to this Action, including all of its officers, directors, 19 employees, consultants, retained experts, and Outside Counsel of Record (and their 20 support staffs). 21 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 22 Discovery Material in this Action. 23 2.14 Professional Vendors: persons or entities that provide litigation 24 support services (for example, photocopying, videotaping, translating, preparing 25 exhibits or demonstrations, and organizing, storing, or retrieving data in any form or 26 medium) and their employees and subcontractors. 27 1 2.15 Protected Material: any Disclosure or Discovery Material that is 2 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 3 2.16 Receiving Party: a Party that receives Disclosure or Discovery 4 Material from a Producing Party. 5 3. SCOPE 6 The protections conferred by this Stipulated Protective Order cover not only 7 Protected Material (as defined above), but also (1) any information copied or 8 extracted from Protected Material; (2) all copies, excerpts, summaries, or 9 compilations of Protected Material; and (3) any testimony, conversations, or 10 presentations by Parties or their Counsel that might reveal Protected Material. 11 Protected Material shall not be disclosed to any person except in accordance with 12 the terms of this Stipulated Protective Order. 13 Any use of Protected Material at trial will be governed by the orders of the 14 trial judge. This Order does not govern the use of Protected Material at trial. 15 4. DURATION 16 Once a case proceeds to trial, all of the information to be introduced that was 17 previously designated as confidential or maintained pursuant to this Stipulated 18 Protective Order becomes public and will be presumptively available to all members 19 of the public, including the press, unless compelling reasons supported by specific 20 factual findings to proceed otherwise are made to the trial judge in advance of the 21 trial. See Kamakana v. City and County of Honolulu,

(9th 22 Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in 23 discovery from “compelling reasons” needed for merits-related documents). 24 Notwithstanding the foregoing, neither the termination of this Action nor the 25 termination of employment of any person receiving information under the terms of 26 this Protective Order who has had access to any CONFIDENTIAL Information or 27 1 HIGHLY CONFIDENTIAL Information, or the contents thereof, shall relieve such 2 person of his or her obligations hereunder, which shall survive. 3 This Protective Order is binding on all Parties to this Action. This Stipulated 4 Protective Order is also binding on all non-parties receiving information under the 5 terms of this Order who have signed the “Acknowledgment and Agreement to Be 6 Bound” attached hereto as Exhibit A. This Protective Order shall remain in force 7 and effect until modified, superseded, or terminated by consent of the Parties or by 8 further order of the Court. 9 Nothing here, nor any production of documents, shall be interpreted to waive 10 or limit any rights or privileges to which the Parties to this Agreement may be 11 entitled under any law, regulation, or Constitutions of the United States or any state. 12 Even after final disposition of this litigation, the confidentiality obligations 13 imposed by this Order will remain in effect until a Designating Party agrees 14 otherwise in writing or a court order otherwise directs. Final disposition is the later 15 of (1) dismissal of all claims and defenses in this Action, with or without prejudice, 16 or (2) final judgment after the completion and exhaustion of all appeals, rehearings, 17 remands, trials, or reviews of this Action, including the time limits for filing any 18 motions or applications for extension of time under applicable law.5. 19 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, 26 items, or communications for which protection is not warranted are not swept 27 unjustifiably within the ambit of this Order. 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 (for example, to unnecessarily encumber the case development process or to 4 impose unnecessary expenses and burdens on other parties) may expose the 5 Designating 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, or as otherwise stipulated or ordered, Disclosure or Discovery Material 11 that qualifies for protection under this Order must be clearly so designated before 12 the material is disclosed or produced. Nothing contained in this is intended to, nor 13 shall it operate to, limit a Party’s ability to designate as “CONFIDENTIAL” or 14 “HIGHLY CONFIDENTIAL” any materials produced by a Non-Party. 15 Designation in conformity with this Order requires: 16 (a) for information in documentary form (for example, 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” or “HIGHLY CONFIDENITAL” to each page that contains 20 protected material. If only a portion or portions of the material on a page qualifies 21 for protection, the Producing Party also must clearly identify the protected portion(s) 22 (for example, by making appropriate markings in the margins). In the case of 23 electronically stored information produced in electronic form, the Producing Party 24 shall also affix to the physical media on which any Protected Material is produced 25 (or, if possible, in the electronic name of the file) the legend “CONFIDENTIAL” or 26 “HIGHLY CONFIDENTIAL.” 27 1 A Party or Non-Party that makes original documents available for inspection 2 need not designate them for protection until after the inspecting Party has indicated 3 which documents it would like copied and produced. During the inspection and 4 before the designation, all of the material made available for inspection shall be 5 deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” After the inspecting 6 Party has identified the documents it wants copied and produced, the Producing 7 Party must determine which documents, or portions thereof, qualify for protection 8 under this Order. Then, before producing the specified documents, the Producing 9 Party must affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 10 to each page that contains Protected Material. If only a portion or portions of the 11 material on a page qualifies for protection, the Producing Party also must clearly 12 identify the protected portion(s) (for example, by making appropriate markings in 13 the margins). 14 (b) deposition testimony and the transcripts and video recordings of 15 depositions in this Action must be treated as “CONFIDENTIAL” for a period of 16 fourteen (14) days after receipt of the final deposition transcript (or such later time 17 as agreed to by the Parties) to allow time for the Parties to designate by page and 18 line number those portions of the testimony that are to be treated as 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” If any part of a deposition 20 recorded by videographic means is designated as “CONFIDENTIAL” or “HIGHLY 21 CONFIDENTIAL,” the recording storage medium and its container shall be so 22 labeled. 23 (c) for information produced in some form other than documentary and for 24 any other tangible items, that the Producing Party affix in a prominent place on the 25 exterior of the container or containers in which the information is stored the legend 26 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” If only a portion or portions 27 1 of the information warrants protection, the Producing Party, to the extent 2 practicable, must identify the protected portion(s). 3 (d) in the case of interrogatory answers, responses to requests for admissions, 4 and other similar documents providing information, the designation of 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” shall be made by means of a 6 statement in the relevant document specifying that the document or specific parts 7 thereof are designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 9 failure to designate Disclosure or Discovery Material as “CONFIDENTIAL” or 10 “HIGHLY CONFIDENTIAL” does not, standing alone, waive the Designating 11 Party’s right to secure protection under this Order for such material. Upon timely 12 correction of a designation, the Receiving Party must make reasonable efforts to 13 assure that the material is treated in accordance with the provisions of this Order. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 16 designation of confidentiality at any time that is consistent with the Court’s 17 Scheduling Order. 18 6.2 Meet and Confer. The Challenging Party must initiate the dispute 19 resolution process under Local Rule 37.1, et seq. Any discovery motion must 20 strictly comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3 as 21 modified by Judge Rosenbluth’s Procedures. 22 6.3 Burden. The burden of persuasion in any such challenge proceeding 23 shall be on the Designating Party. Frivolous challenges, and those made for an 24 improper purpose (for example, to harass or impose unnecessary expenses and 25 burdens on other parties,) may expose the Challenging Party to sanctions. Unless 26 the Designating Party has waived or withdrawn the confidentiality designation, all 27 parties shall continue to afford the material in question the level of protection to 1 which it is entitled under the Producing Party’s designation until the Court rules on 2 the challenge. 3 7. ACCESS TO AND USE OF PROTECTED MATERIAL 4 7.1 Basic Principles. A Receiving Party may use Protected Material that is 5 disclosed or produced by another Party or by a Non-Party in connection with this 6 Action only for prosecuting, defending, or attempting to settle this Action. Such 7 Protected Material may be disclosed only to the categories of persons and under the 8 conditions described in this Order. When the Action has been terminated, a 9 Receiving Party must comply with the provisions of Section 13 below (FINAL 10 DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a 12 location and in a secure manner that ensures that access is limited to the persons 13 authorized under this Order. The Receiving Party shall exercise the same standard 14 of due and proper care with respect to the storage, custody, use, or dissemination of 15 such information as is exercised by the recipient with respect to its own 16 CONFIDENTIAL or HIGHLY CONFIDENTIAL Information. 17 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 18 otherwise ordered by the Court or permitted in writing by the Designating Party, a 19 Receiving Party may disclose any information or item designated 20 “CONFIDENTIAL” only to: 21 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 22 well as employees of said Outside Counsel of Record to whom it is reasonably 23 necessary to disclose the information for this Action; 24 (b) the officers, directors, and employees (including House Counsel) of 25 the Receiving Party to whom disclosure is reasonably necessary for this Action; 26 (c) Experts (as defined in this Order) of the Receiving Party to whom 27 disclosure is reasonably necessary for this Action and who have signed the 1 “Acknowledgment and Agreement to Be Bound” (Exhibit A) and who are not 2 currently employed by any competitor of Community and are retained by counsel 3 for the purpose of consulting and/or testifying in the Action; 4 (d) the Court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, mock jurors, and Professional 7 Vendors to whom disclosure is reasonably necessary for this Action and who have 8 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (g) the author or recipient of a document containing the information or a 10 custodian or other person who otherwise possessed or knew the information; 11 (h) during their depositions, witnesses (with the exception of those 12 employed by a competitor of Community) and attorneys for witnesses to whom 13 disclosure is reasonably necessary provided they sign the “Acknowledgment and 14 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 15 Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits 16 to depositions that reveal Protected Material may be separately bound by the court 17 reporter and may not be disclosed to anyone except as permitted under this 18 Stipulated Protective Order; and 19 (i) any mediator or settlement officer, and their supporting personnel, 20 mutually agreed on by any of the Parties engaged in settlement discussions or 21 appointed by the Court. 22 7.3 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. 23 Unless otherwise ordered by the Court or permitted in writing by the Designating 24 Party, a Receiving Party may disclose any information or item designated 25 “HIGHLY CONFIDENTIAL” only to: 26 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 27 1 well as employees of said Outside Counsel of Record to whom it is reasonably 2 necessary to disclose the information for this Action; 3 (b) Experts (as defined in this Order) of the Receiving Party to whom 4 disclosure is reasonably necessary for this Action and who have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A) and who are not 6 currently employed by any competitor of Community and are retained by counsel 7 for the purpose of consulting and/or testifying in the Action; 8 (c) the Court and its personnel; 9 (d) court reporters and their staff; 10 (e) professional jury or trial consultants, mock jurors, and Professional 11 Vendors to whom disclosure is reasonably necessary for this Action and who have 12 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (f) the author or recipient of a document containing the information or a 14 custodian or other person who otherwise possessed or knew the information; 15 (g) during their depositions, witnesses (with the exception of those 16 employed by a competitor of Community) and attorneys for witnesses to whom 17 disclosure is reasonably necessary provided they sign the “Acknowledgment and 18 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 19 Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits 20 to depositions that reveal Protected Material may be separately bound by the court 21 reporter and may not be disclosed to anyone except as permitted under this 22 Stipulated Protective Order; and 23 (h) any mediator or settlement officer, and their supporting personnel, 24 mutually agreed upon by any of the parties engaged in settlement discussions or 25 appointed by the Court. 26 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 27 IN OTHER LITIGATION 1 If a Party is served with a subpoena, court order issued in other litigation, or 2 some other form of legal process from any court, federal or state regulatory or 3 administrative body or agency, legislative body or other person or entity that 4 compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification 7 shall include a copy of the subpoena, court order, or legal process unless prohibited 8 by law; 9 (b) promptly notify in writing the party who caused the subpoena, court 10 order, or legal process to issue in the other litigation that some or all of the material 11 covered by the subpoena, court order, or legal process is subject to this Protective 12 Order. Such notification shall include a copy of this Stipulated Protective Order; 13 and 14 (c) cooperate with respect to all reasonable procedures sought to be 15 pursued by the Designating Party whose Protected Material may be affected. 16 If the Designating Party timely seeks a protective order, the Party served with 17 the subpoena, court order, or legal process shall not produce any information 18 designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 19 before a determination by the court from which the subpoena or order issued or 20 other appropriate court, unless the Party has obtained the Designating Party’s 21 permission. The Designating Party shall bear the burden and expense of seeking 22 protection of its Confidential Material, and nothing in these provisions should be 23 construed as authorizing or encouraging a Receiving Party in this Action to disobey 24 a lawful directive from another court. 25 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 26 PRODUCED IN THIS LITIGATION 27 1 (a) The terms of this Order are applicable to information produced by a 2 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 3 CONFIDENTIAL.” Such information produced by Non-Parties in connection with 4 this litigation is protected by the remedies and relief provided by this Order. 5 Nothing in these provisions should be construed as prohibiting a Non-Party from 6 seeking additional protections. 7 (b) In the event that a Party is required by a valid discovery request to 8 produce a Non-Party’s CONFIDENTIAL or “HIGHLY CONFIDENTIAL” 9 Information in its possession, and the Party is subject to an agreement with the Non- 10 Party not to produce the Non-Party’s CONFIDENTIAL or HIGHLY 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 Protective Order in this Action, the relevant discovery request(s), and a reasonably 17 specific description of the information requested; and 18 (3) make the information requested available for inspection by the 19 Non-Party. 20 (c) If the Non-Party fails to seek a protective order from this Court within 21 14 days of receiving the notice and accompanying information, the Receiving Party 22 may produce the Non-Party’s CONFIDENTIAL or HIGHLY CONFIDENTIAL 23 Information responsive to the discovery request. If the Non-Party timely seeks a 24 protective order, the Receiving Party shall not produce any information in its 25 possession or control that is subject to the confidentiality agreement with the Non- 26 Party before a determination by the Court. Absent a court order to the contrary, the 27 1 Non-Party shall bear the burden and expense of seeking protection in this Court of 2 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 (but in any event 7 no later than ten (10) days after learning of the disclosure) (a) notify the Designating 8 Party in writing of the unauthorized disclosures, (b) use its best efforts to retrieve all 9 unauthorized copies of the Protected Material, (c) inform the person or persons to 10 whom unauthorized disclosures were made of the terms of this Order, and (d) 11 request such person or persons to execute the “Acknowledgment and Agreement to 12 Be Bound” that is attached hereto as Exhibit A. 13 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 14 PROTECTED MATERIAL 15 11.1 If Producing Party’s inadvertent disclosure of material is subject to a 16 claim of privilege or other protection, including, but not limited to, the attorney 17 client privilege, work product privilege, or settlement privilege (“Inadvertently 18 Produced Protected Material)” it shall not constitute a waiver with respect to such 19 Inadvertently Produced Protected Material or generally of such privilege in this 20 Action. Pursuant to Federal Rule of Evidence 502(d), a privilege or protection is not 21 waived by: (i) inadvertent disclosure connected with the litigation pending before 22 the Court, in which event the disclosure is also not a waiver in any other federal or 23 state proceeding, or (ii) disclosure pursuant to any agreement the parties reach for 24 asserting claims of privilege or of protection after information is disclosed or 25 produced (see FRCP 16(b)(3)(B)(iv)) connected with the litigation pending before 26 the Court in which event the disclosure is also not a waiver in any other federal or 27 1 state proceeding. The Parties will abide by the following procedures in connection 2 with any Inadvertently Produced Protected Material: 3 (a) A Producing Party shall promptly notify the Receiving Party of any 4 Inadvertently Produced Protected Material. Upon receipt of notice of any 5 Inadvertently Produced Protected Material, the Receiving Party shall immediately 6 segregate the document in a manner that will prevent further disclosure or 7 dissemination of its contents. 8 (b) Absent any dispute as to the claim of privilege, within ten (10) days of 9 receiving notice of the Inadvertently Produced Protected Material, the Receiving 10 Party shall return or destroy all documents identified by the Producing Party in such 11 notice. The Receiving Party shall not use any information in the Inadvertently 12 Produced Protected Material for any purpose. 13 (c) In the event there is a dispute over whether the documents at issue are 14 protected from disclosure by privilege, the Receiving Party shall return or destroy 15 all documents identified by the Producing Party within ten (10) days of receipt of 16 notice that the documents were inadvertently produced, but may retain one copy of 17 any such document solely for the purpose of meeting and conferring with the 18 Producing Party over the claim of privilege. If the dispute is not resolved within 19 sixty (60) days, the Receiving Party may present the information to the Court in 20 compliance with Local Rules 37 and 79.5 for a determination of the claim, or may 21 return or destroy the documents and make no further use of the information in the 22 documents. Alleged Inadvertently Produced Protected Material shall remain 23 segregated and protected against further disclosure and use during the pendency of 24 any dispute over their status. 25 12. MISCELLANEOUS 26 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 27 1 12.2 Right to Assert Other Objections. By stipulating to the entry of this 2 Stipulated Protective Order, no Party waives any right it otherwise would have to 3 object to disclosing or producing any information or item on any ground not 4 addressed in this Stipulated Protective Order. Similarly, no Party waives any right to 5 object on any ground to use in evidence of any of the material covered by this 6 Stipulated Protective Order. 7 12.3 Filing Protected Material. A Party that seeks to file under seal any 8 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 9 only be filed under seal only pursuant to a court order authorizing the sealing of the 10 specific Protected Material at issue; good cause must be shown in the request to file 11 under seal. If a Party's request to file Protected Material under seal is denied by the 12 Court, then the Receiving Party may file the information in the public record unless 13 otherwise instructed by the Court. 14 12.4 Fact of Designation Not Admissible: The fact of designation, or failure 15 to designate, disclosure or discovery materials as CONFIDENTIAL or HIGHLY 16 CONFIDENTIAL pursuant to this Stipulation and Protective Order shall not be 17 admissible for any purpose in a trial on the merits or at any other proceeding other 18 than at a proceeding arising from or related to this Stipulation and Protective Order. 19 12.5 Timing: Counsel agree to be bound by the terms set forth herein with 20 regard to any Protected Materials that are produced before the Court signs this 21 Stipulated Protective Order. 22 13. FINAL DISPOSITION 23 After the final disposition of this Action, within 60 days of a written request 24 by the Designating Party, each Receiving Party must return all Protected Material to 25 the Producing Party or destroy such material. As used in this subdivision, “all 26 Protected Material” includes all copies, abstracts, compilations, summaries, and any 27 other format reproducing or capturing any of the Protected Material. Whether the 1 Protected Material is returned or destroyed, the Receiving Party must submit a 2 written certification to the Producing Party (and, if not the same person or entity, to 3 the Designating Party) by the 60-day deadline that (1) identifies (by category, where 4 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 5 that the Receiving Party has not retained any copies, abstracts, compilations, 6 summaries, or any other format reproducing or capturing any of the Protected 7 Material. Notwithstanding this provision, counsel are entitled to retain an archival 8 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 9 memoranda, correspondence; deposition and trial exhibits, expert reports, attorney 10 work product, and consultant and expert work product even if such materials contain 11 Protected Material. Any such archival copies that contain or constitute Protected 12 Material remain subject to this Stipulated Protective Order as set forth in Section 4. 13 14. Any willful violation of this Order may be punished by any and all 14 appropriate measures including, without limitation, contempt proceedings, 15 evidentiary sanctions, and/or monetary sanctions. 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 17 Dated: October 5, 2021 LIPPSMITH LLP; THE BRAD SOHN 18 LAW FIRM, PPLC; GLAPION LAW FIRM, LLC 19 20 By: /s/ Graham B. Lippsmith 21 Graham B. Lippsmith Attorneys for Plaintiffs Shawn 22 Adler and Gavin McDonough

23 24 Dated: October 5, 2021 MORRISON & FOERSTER LLP

25 26 By: /s/ Tiffany Cheung Tiffany Cheung 27 Attorneys for Defendant Community.com 1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

3 Dated: October 7, 2021 { 4 Jean P. Rosenbluth United States District/Magistrate Judge 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [full name], of _________________ 5 [full address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States. 7 District Court for the Central District of California on [date] in the case of Adler, et 8 al. v. Community.com, Case No. 2:21-cv-02416-SB-JPR]. I agree to comply with 9 and to be bound by all terms of this Stipulated Protective Order, and I understand 10 and acknowledge that failure to so comply could expose me to sanctions and 11 punishment, in the nature of contempt. I solemnly promise that I will not disclose in 12 any manner any information or item that is subject to this Stipulated Protective 13 Order to any person or entity except in strict compliance with the provisions of this 14 Order. 15 I further agree to submit to the jurisdiction of the U.S. District Court for the 16 Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [full 19 name] of _______________________________________ [full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Signature: __________________________________ 26 27 1 ECF ATTESTATION 2 I, Tiffany Cheung, am the ECF User whose ID and password are being used 3 to file the above Stipulation. In compliance with Local Rule 5-4.3.4, I hereby attest 4 that Graham B. Lippsmith has concurred in and authorized this filing, and I shall 5 maintain records to support this concurrence for subsequent production for the Court 6 if so ordered or for inspection upon request by a party. 7 /s/ Tiffany Cheung Tiffany Cheung 8 Attorneys for Defendant Community.com 9

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