Case 8:21-cv-01157-PSG-JDE Document 31 Filed 01/12/22 Page 1 of 15 Page ID #:203

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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11 TERRY FABRICANT, individually Case No. 8:21-cv-01157-PSG-JDE and on behalf of all others similarly 12 situated, PROTECTIVE ORDER

13 Plaintiff,

14 vs. 15 MY HERO, INC. d/b/a PAGEHUB, 16 Defendant. 17 18 Plaintiff Terry Fabricant and Defendant My Hero, Inc. d/b/a Page Hub 19 (collectively, the “Parties”) to the above-captioned litigation (the “Action”), filed a 20 Stipulation for a Protective Order relating to the designation of handling of certain 21 materials during discovery. Dkt. 30 (“Stipulation”). Based on the Parties’ Stipulation, 22 and pursuant to the Court’s authority under Rule 26 of the Federal Rules of Civil 23 Procedure, the Court finds and orders as follows. 24 1. GENERAL PROVISIONS 25 1.1 PURPOSES AND LIMITATIONS 26 Discovery in this Action is likely to involve production of confidential, 27 proprietary or private information for which special protection from public disclosure 28 and from use for any purpose other than prosecuting this litigation may be warranted.

STIPULATED PROTECTIVE ORDER Case 8:21-cv-01157-PSG-JDE Document 31 Filed 01/12/22 Page 2 of 15 Page ID #:204

1 The Parties acknowledge that this Order does not confer blanket protections on all 2 disclosures or responses to discovery and that the protection it affords from public 3 disclosure and use extends only to the limited information or items that are entitled 4 to confidential treatment under the applicable legal principles. 5 1.2 GOOD CAUSE STATEMENT 6 The Parties believe that the disclosure of certain information in discovery in 7 this Action, without appropriate safeguards to prevent the public dissemination 8 thereof in accordance with this Order, could be irreparable harmful to the interests of 9 the Parties to this Action or to third parties, including but not limited to confidential 10 and proprietary business information, information constituting trade secrets, 11 technical information, financial and financial account information, medical-related 12 information, and/or private personally identifying information of individuals 13 (including of the Parties, witnesses, and/or putative class members), information 14 protected from disclosure by applicable state or federal statutes, court rules, case 15 decisions, or common law, any other information alleged to be of a nonpublic nature, 16 including, but not limited to, documents otherwise alleged in good faith to be 17 commercially sensitive or proprietary, and any other information that would be 18 ordinarily privileged or protected from public disclosure. Accordingly, to expedite 19 the flow of information, to facilitate the prompt resolution of disputes over 20 confidentiality of discovery materials, to adequately protect information the Parties 21 are entitled to keep confidential, to ensure that the Parties are permitted reasonable 22 necessary uses of such material in preparation for and in the conduct of trial, to 23 address their handling at the end of the litigation, and serve the ends of justice, a 24 protective order for such information is justified in this matter. It is the intent of the 25 Parties that information will not be designated as confidential for tactical reasons and 26 that nothing be so designated without a good faith belief that it has been maintained 27 in a confidential, non-public manner, and there is good cause why it should not be 28 part of the public record of this case. 2 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01157-PSG-JDE Document 31 Filed 01/12/22 Page 3 of 15 Page ID #:205

1 1.3 ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 2 SEAL 3 The Parties further acknowledge, as set forth in Section 12.3, below, that this 4 Stipulated Protective Order does not entitle them to file confidential information 5 under seal; rather, Local Civil Rule 79-5 sets forth the procedures that must be 6 followed and the standards that will be applied when a party seeks permission from 7 the court to file material under seal. 8 The Parties further acknowledge that there is a strong presumption that the 9 public has a right of access to judicial proceedings and records in civil cases. In 10 connection with non-dispositive motions, good cause must be shown to support a 11 filing under seal. See, e.g., Kamakana v. City and County of Honolulu,

, 12 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp.,

, 1210-11 (9th 13 Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,

(E.D. Wis. 14 1999) (even stipulated protective orders require good cause showing). Accordingly, 15 the Parties acknowledge that a specific showing of good cause or compelling reasons 16 with proper evidentiary support and legal justification must be made with respect to 17 Protected Material that a party seeks to file under seal. The Parties’ mere designation 18 of Disclosure or Discovery Material as “CONFIDENTIAL” does not—without the 19 submission of competent evidence by declaration, establishing that the material 20 sought to be filed under seal qualifies as confidential, privileged, or otherwise 21 protectable—constitute good cause for filing under seal. 22 Further, if a Party requests sealing related to a dispositive motion or trial, then 23 compelling reasons, not only good cause, for the sealing must be shown, and the 24 relief sought shall be narrowly tailored to serve the specific interest to be protected. 25 See Pintos v. Pacific Creditors Ass’n.,

(9th Cir. 2010). For each 26 item or type of information, document, or thing sought to be filed or introduced under 27 seal in connection with a dispositive motion or trial, the party seeking protection must 28 articulate compelling reasons, supported by specific facts and legal justification, for 3 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01157-PSG-JDE Document 31 Filed 01/12/22 Page 4 of 15 Page ID #:206

1 the requested sealing order. Again, competent evidence supporting the application to 2 file documents under seal must be provided by declaration. 3 Any document that is not confidential, privileged, or otherwise protectable in 4 its entirety will not be filed under seal if the confidential portions can be redacted. 5 If documents can be redacted, then a redacted version for public viewing, 6 omitting only the confidential, privileged, or otherwise protectable portions of the 7 document, shall be filed. Any application that seeks to file documents under seal in 8 their entirety should include an explanation of why redaction is not feasible. 9 2. DEFINITIONS 10 2.1 Action: the above-captioned federal lawsuit. 11 2.2 Challenging Party: a Party or Non-Party that challenges the designation 12 of information or items under this Order. 13 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 14 how it is generated, stored or maintained) or tangible things that qualify for protection 15 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 16 Cause Statement. 17 2.4 Counsel: Outside Counsel of Record for the Parties and In-House 18 Counsel (as well as their support staff). 19 2.5 Designating Party: a Party or Non-Party that designates information or 20 items that it produces in disclosures or in responses to discovery as 21 “CONFIDENTIAL.” 22 2.6 Disclosure or Discovery Material: all items or information, regardless 23 of the medium or manner in which it is generated, stored, or maintained (including, 24 among other things, testimony, transcripts, and tangible things and “electronically 25 stored information” or “ESI”), that are produced or generated in disclosures or 26 responses to discovery in this matter. 27 2.7 Expert: a person with specialized knowledge or experience in a matter 28 pertinent to the litigation who has been retained by a Party or its counsel to serve as 4 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01157-PSG-JDE Document 31 Filed 01/12/22 Page 5 of 15 Page ID #:207

1 an expert witness or as a consultant in this Action. 2 2.8 In-House Counsel: attorneys who are employees of a party to this 3 Action. In-House Counsel does not include Outside Counsel of Record or any other 4 outside counsel. 5 2.9 Non-Party: any natural person, partnership, corporation, association or 6 other legal entity not named as a Party to this Action. 7 2.10 Outside Counsel of Record: attorneys who are not employees of a party 8 to this Action but are retained to represent or advise a party to this Action and have 9 appeared in this Action on behalf of that party or are affiliated with a law firm that 10 has appeared on behalf of that party, and includes support staff. 11 2.11 Party: any named party to this Action (i.e., the “Parties” defined above), 12 including all of its officers, directors, employees, consultants, retained experts, and 13 Outside Counsel of Record (and their support staffs). 14 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 15 Discovery Material in this Action. 16 2.13 Professional Vendors: persons or entities that provide litigation support 17 services (e.g., photocopying, videotaping, translating, preparing exhibits or 18 demonstrations, and organizing, storing, or retrieving data in any form or medium) 19 and their employees and subcontractors. 20 2.14 Protected Material: any Disclosure or Discovery Material that is 21 designated as “CONFIDENTIAL.” 22 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 23 from a Producing Party. 24 3. SCOPE 25 The protections conferred by this Stipulated Protective Order cover not only 26 Protected Material (as defined above), but also (1) any information copied or 27 extracted from Protected Material; (2) all copies, excerpts, summaries, or 28 compilations of Protected Material; and (3) any testimony, conversations, or 5 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01157-PSG-JDE Document 31 Filed 01/12/22 Page 6 of 15 Page ID #:208

1 presentations by Parties or their Counsel that might reveal Protected Material 2 (including deposition or other transcripts and exhibits). 3 This Order shall not govern the use of Protected Material at trial or at any 4 hearing in this Action. The orders of the trial judge shall govern trial. 5 4. DURATION 6 Once a case proceeds to trial, information that was designated as 7 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 8 as an exhibit at trial becomes public and will be presumptively available to all 9 members of the public, including the press, unless compelling reasons supported by 10 specific factual findings to proceed otherwise are made to the trial judge in advance 11 of the trial. See Kamakana,

(distinguishing “good cause” 12 showing for sealing documents produced in discovery from “compelling reasons” 13 standard when merits-related documents are part of court record). Accordingly, the 14 terms of this protective order do not extend beyond the commencement of the trial. 15 5. DESIGNATING PROTECTED MATERIAL 16 5.1 Exercise of Restraint and Care in Designating Material for Protection. 17 Each Party or Non-Party that designates information or items for protection under 18 this Order must take care to limit any such designation to specific material that 19 qualifies under the appropriate standards. The Designating Party must designate for 20 protection only those parts of material, documents, items or oral or written 21 communications that qualify so that other portions of the material, documents, items 22 or communications for which protection is not warranted are not swept unjustifiably 23 within the ambit of this Order. 24 Mass, indiscriminate or routinized designations are prohibited. Designations 25 that are shown to be clearly unjustified or that have been made for an improper 26 purpose (e.g., to unnecessarily encumber the case development process or to impose 27 unnecessary expenses and burdens on other parties) may expose the Designating 28 Party to sanctions. 6 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01157-PSG-JDE Document 31 Filed 01/12/22 Page 7 of 15 Page ID #:209

1 If it comes to a Designating Party’s attention that information or items that it 2 designated for protection do not qualify for protection, that Designating Party must 3 promptly notify all other Parties that it is withdrawing the inapplicable designation. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in 5 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 6 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 7 under this Order must be clearly so designated before the material is disclosed or 8 produced. 9 Designation in conformity with this Order requires: 10 (a) for information in documentary form (e.g., paper or electronic 11 documents, but excluding transcripts of depositions or other pretrial or trial 12 proceedings), that the Producing Party affix at a minimum, the legend 13 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 14 contains protected material. If only a portion of the material on a page qualifies for 15 protection, the Producing Party also must clearly identify the protected portion(s) 16 (e.g., by making appropriate markings in the margins). 17 A Party or Non-Party that makes original documents available for inspection 18 need not designate them for protection until after the inspecting Party has indicated 19 which documents it would like copied and produced. During the inspection and 20 before the designation, all of the material made available for inspection shall be 21 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 22 it wants copied and produced, the Producing Party must determine which documents, 23 or portions thereof, qualify for protection under this Order. Then, before producing 24 the specified documents, the Producing Party must affix the “CONFIDENTIAL 25 legend” to each page that contains Protected Material. If only a portion of the material 26 on a page qualifies for protection, the Producing Party also must clearly identify the 27 protected portion(s) (e.g., by making appropriate markings in the margins). 28 (b) for testimony given in depositions that the Designating Party identifies 7 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01157-PSG-JDE Document 31 Filed 01/12/22 Page 8 of 15 Page ID #:210

1 the Disclosure or Discovery Material on the record, before the close of the deposition 2 all protected testimony, and as provided in Section 5.3 below. 3 (c) for information produced in some form other than documentary and for 4 any other tangible items, that the Producing Party affix in a prominent place on the 5 exterior of the container or containers in which the information is stored the legend 6 “CONFIDENTIAL.” If only a portion or portions of the information warrants 7 protection, the Producing Party, to the extent practicable, shall identify the protected 8 portion(s). 9 5.3 Designation of Deposition Testimony. All depositions or portions 10 thereof, including exhibits that were not already designated as “CONFIDENTIAL” 11 under the Order prior to the deposition, that contain “Protected Material” may be 12 designated as “CONFIDENTIAL” and treated as “Protected Material” under this 13 Order. Confidentiality designations for depositions and deposition exhibits shall be 14 made either on the record by an appropriate statement on the record at the time of the 15 giving of the testimony or subsequently by written notice within 45 days of receipt 16 of the transcript. Unless otherwise agreed, depositions shall be treated as 17 “CONFIDENTIAL” during the 45-day period following receipt of the transcript. 18 Deposition testimony or exhibits may be designated within and until the expiration 19 of the 45-day period by notifying all legal counsel of record in writing of said 20 designation, and thereafter such pages will be treated as designated. The deposition 21 of any witness (or any portion of such deposition) that encompasses Protected 22 Material shall be taken only in the presence of persons who are qualified to have 23 access to such information. Legal counsel for each party will be responsible for 24 marking the designated exhibits and pages of copies of the transcript in their 25 possession with the appropriate legend as specified in this Order. 26 5.4 Inadvertent Failures to Designate. If timely corrected, an inadvertent 27 failure to designate qualified information or items does not, standing alone, waive 28 the Designating Party’s right to secure protection under this Order for such material. 8 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01157-PSG-JDE Document 31 Filed 01/12/22 Page 9 of 15 Page ID #:211

1 Upon timely correction of a designation, the Receiving Party must make 2 reasonable efforts to assure that the material is treated in accordance with the 3 provisions of this Order. 4 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 6 designation of confidentiality at any time that is consistent with the Court’s 7 Scheduling Order. 8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 9 resolution process under Local Rule 37-1 et seq. 10 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 11 joint stipulation pursuant to Local Rule 37-2. 12 6.4 The burden of persuasion in any such challenge proceeding shall be on 13 the Designating Party. Frivolous challenges, and those made for an improper purpose 14 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 15 expose the Challenging Party to sanctions. Unless the Designating Party has waived 16 or withdrawn the confidentiality designation, all Parties shall continue to afford the 17 material in question the level of protection to which it is entitled under the Producing 18 Party’s designation until the Court rules on the challenge. 19 7. ACCESS TO AND USE OF PROTECTED MATERIAL 20 7.1 Basic Principles. A Receiving Party may use Protected Material that is 21 disclosed or produced by another Party or by a Non-Party in connection with this 22 Action only for prosecuting, defending or attempting to settle this Action. Such 23 Protected Material may be disclosed only to the categories of persons and under the 24 conditions described in this Order. When the Action has been terminated, a Receiving 25 Party must comply with the provisions of Section 13 below. 26 Protected Material must be stored and maintained by a Receiving Party at a 27 location and in a secure manner that ensures that access is limited to the persons 28 authorized under this Order. 9 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01157-PSG-JDE Document 31 Filed 01/12/22 Page 10 of 15 Page ID #:212

1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 2 otherwise ordered by the court or permitted in writing by the Designating Party, a 3 Receiving Party may disclose any information or item designated 4 “CONFIDENTIAL” only to: 5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 6 as employees of said Outside Counsel of Record to whom it is reasonably necessary 7 to disclose the information for this Action; 8 (b) the officers, directors, and employees (including In-House Counsel) of 9 the Receiving Party to whom disclosure is reasonably necessary for this Action; 10 (c) Experts (as defined in this Order) of the Receiving Party to whom 11 disclosure is reasonably necessary for this Action and who have signed the 12 “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 Professional 16 Vendors to whom disclosure is reasonably necessary for this Action and who have 17 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (g) the author or recipient of a document containing the information or a 19 custodian or other person who otherwise possessed or knew the information and who 20 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (h) during their depositions, witnesses, and attorneys for witnesses, in the 22 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 23 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 24 not be permitted to keep any confidential information unless they sign the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 26 agreed by the Designating Party or ordered by the court. Pages of transcribed 27 deposition testimony or exhibits to depositions that reveal Protected Material may be 28 separately bound by the court reporter and may not be disclosed to anyone except as 10 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01157-PSG-JDE Document 31 Filed 01/12/22 Page 11 of 15 Page ID #:213

1 permitted under this Stipulated Protective Order; and 2 (i) any mediator or settlement officer, and their supporting personnel, 3 mutually agreed upon by any of the Parties engaged in settlement discussions and 4 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 6 PRODUCED IN OTHER LITIGATION 7 If a Party is served with a subpoena or a court order issued in other litigation 8 that compels disclosure of any information or items designated in this Action as 9 “CONFIDENTIAL,” that Party must: 10 (a) promptly notify in writing the Designating Party. Such notification shall 11 include a copy of the subpoena or court order; 12 (b) promptly notify in writing the party who caused the subpoena or order 13 to issue in the other litigation that some or all of the material covered by the subpoena 14 or order is subject to this Protective Order. Such notification shall include a copy of 15 this Stipulated Protective Order; and 16 (c) cooperate with respect to all reasonable procedures sought to be pursued 17 by the Designating Party whose Protected Material may be affected. 18 If the Designating Party timely seeks a protective order, the Party served with 19 the subpoena or court order shall not produce any information designated in this 20 Action as “CONFIDENTIAL” before a determination by the court from which the 21 subpoena or order issued, unless the Party has obtained the Designating Party’s 22 permission. The Designating Party shall bear the burden and expense of seeking 23 protection in that court of its confidential material and nothing in these provisions 24 should be construed as authorizing or encouraging a Receiving Party in this Action 25 to disobey a lawful directive from another court. 26 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 27 PRODUCED IN THIS LITIGATION 28 (a) The terms of this Order are applicable to information produced by a 11 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01157-PSG-JDE Document 31 Filed 01/12/22 Page 12 of 15 Page ID #:214

1 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 2 produced by Non-Parties in connection with this Action is protected by the remedies 3 and relief provided by this Order. Nothing in these provisions should be construed as 4 prohibiting a Non-Party from seeking additional protections. 5 (b) In the event that a Party is required, by a valid discovery request, to 6 produce a Non-Party’s confidential information in its possession, and the Party is 7 subject to an agreement with the Non-Party not to produce the Non-Party’s 8 confidential information, then the Party shall: 9 (1) promptly notify in writing the Requesting Party and the Non-Party that 10 some or all of the information requested is subject to a confidentiality agreement with 11 a Non-Party; 12 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 13 Order in this Action, the relevant discovery request(s), and a reasonably specific 14 description of the information requested; and 15 (3) make the information requested available for inspection by the Non- 16 Party, if requested. 17 (c) If the Non-Party fails to seek a protective order from this court within 18 14 days of receiving the notice and accompanying information, the Receiving Party 19 may produce the Non-Party’s confidential information responsive to the discovery 20 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 21 not produce any information in its possession or control that is subject to the 22 confidentiality agreement with the Non-Party before a determination by the court. 23 Absent a court order to the contrary, the Non-Party shall bear the burden and 24 expense of seeking protection in this court of its Protected Material. 25 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 26 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 27 Protected Material to any person or in any circumstance not authorized under this 28 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 12 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01157-PSG-JDE Document 31 Filed 01/12/22 Page 13 of 15 Page ID #:215

1 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 2 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 3 persons to whom unauthorized disclosures were made of all the terms of this Order, 4 and (d) request such person or persons to execute the “Acknowledgment and 5 Agreement to Be Bound” that is attached hereto as Exhibit A. 6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 7 PROTECTED MATERIAL 8 When a Producing Party gives notice to Receiving Parties that certain 9 inadvertently produced material is subject to a claim of privilege or other protection, 10 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 11 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 12 may be established in an e-discovery order that provides for production without prior 13 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 14 Parties reach an agreement on the effect of disclosure of a communication or 15 information covered by the attorney-client privilege or work product protection, the 16 Parties may incorporate their agreement in the stipulated protective order submitted 17 to the court. 18 12. MISCELLANEOUS 19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 20 person to seek its modification by the Court in the future. 21 12.2 Right to Assert Other Objections. By stipulating to the entry of this 22 Protective Order, no Party waives any right it otherwise would have to object to 23 disclosing or producing any information or item on any ground not addressed in this 24 Stipulated Protective Order. Similarly, no Party waives any right to object on any 25 ground to use in evidence of any of the material covered by this Protective Order. 26 12.3 Filing Protected Material. A Party that seeks to file under seal any 27 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 28 only be filed under seal pursuant to a court order authorizing the sealing of the 13 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01157-PSG-JDE Document 31 Filed 01/12/22 Page14o0f15 Page ID #:216

1 | specific Protected Material at issue. If a Party’s request to file Protected Material 2 | under seal is denied by the court, then the Receiving Party may file the information 3 | in the public record unless otherwise instructed by the court. 4 | 13. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in Section 4 above, within 6 | 60 days of a written request by the Designating Party, each Receiving Party must 7 | return all Protected Material to the Producing Party or destroy such material. As used 8 | in this subdivision, “all Protected Material” includes all copies, abstracts, 9 | compilations, summaries, and any other format reproducing or capturing any of the 10 | Protected Material. Whether the Protected Material is returned or destroyed, the 11 | Receiving Party must submit a written certification to the Producing Party (and, if 12 | not the same person or entity, to the Designating Party) by the 60 day deadline that 13 | (1) identifies (by category, where appropriate) all the Protected Material that was 14 | returned or destroyed and (2) affirms that the Receiving Party has not retained any 15 | copies, abstracts, compilations, summaries or any other format reproducing or 16 | capturing any of the Protected Material. Notwithstanding this provision, Counsel are 17 | entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 18 | and hearing transcripts, legal memoranda, correspondence, deposition and trial 19 | exhibits, expert reports, attorney work product, and consultant and expert work 20 | product, even if such materials contain Protected Material. Any such archival copies 21 | that contain or constitute Protected Material remain subject to this Protective Order 22 || as set forth in Section 4 above. 23 | 14. VIOLATION 24 Any violation of this Order may be punished by appropriate measures 25 | including, without limitation, contempt proceedin pang etary sanctions. 26 | DATED: January 12, 2022 Lh, ZL. 26 27 OHN D. EARLY 28 United States Magistrate Judge 14 STIPULATED PROTECTIVE ORDER

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 ____________________ [print or type full address], declare under penalty of 6 perjury that I have read in its entirety and understand the Stipulated Protective 7 Order that was issued by the United States District Court for the Central District of 8 California on January 12, 2022, in the case of Terry Fabricant v. My Hero Inc. d/b/a 9 Pagehub, (C.D. Cal.) Case No. 8:21-cv-1157-PSG-JDE . I agree to comply with and 10 to be bound by all the terms of the Stipulated Protective Order and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and contempt. 12 I solemnly promise that I will not disclose in any manner any information or item 13 that is subject to this Stipulated Protective Order to any person or entity except in 14 strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the Central District of California for enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of 18 this Action. 19 I hereby appoint ___________________________ [print or type full name] of 20 ______________________ [print or type full address and telephone number] as my 21 California agent for service of process in connection with this Action or any 22 proceedings related to enforcement of this Stipulated Protective Order. 23 Date: _______________________ 24 City and State where sworn and signed: _________________ 25 Printed name: ________________________ 26 Signature: ____________________ 27 28 15 STIPULATED PROTECTIVE ORDER