Case 2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page 1 of 17 Page ID #:244

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7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 MARIA RODAS, individually and on Case No. 2:19-cv-00436-AB-GJSx 11 behalf of other persons similarly situated, 12 STIPULATED PROTECTIVE Plaintiff, ORDER1 13 v. Honorable Andre Birotte Jr 14 Presiding Judge FLYING FOOD GROUP LLC, and 15 DOES 1 through 10, Honorable Gail J. Standish Magistrate Judge 16 Defendant. Action Filed: Nov. 30, 17 2018 18 Removed to USDC: Jan. 18, 2019

19 Trial Date: April 18, 2023 20

21 22 1. A. PURPOSES AND LIMITATIONS 23 Discovery in this action is likely to involve production of confidential, 24 proprietary or private information for which special protection from public 25 disclosure and from use for any purpose other than prosecuting this litigation may 26 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 27 28 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Gail J. Standish’s Procedures. 1020.034\9913 Case 2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page 2 of 17 Page ID #:245

1 enter the following Stipulated Protective Order. The parties acknowledge that this 2 Order does not confer blanket protections on all disclosures or responses to 3 discovery and that the protection it affords from public disclosure and use extends 4 only to the limited information or items that are entitled to confidential treatment 5 under the applicable legal principles. 6 B. GOOD CAUSE STATEMENT 7 This action is likely to involve trade secrets, employee information, financial 8 information, and other valuable research, development, commercial, financial, 9 technical and/or proprietary information for which special protection from public 10 disclosure and from use for any purpose other than prosecution of this action is 11 warranted. Such confidential and proprietary materials and information consist of, 12 among other things, private employment information, confidential business or 13 financial information, information regarding confidential business practices, or other 14 confidential research, development, or commercial information (including 15 information implicating privacy rights of third parties), information otherwise 16 generally unavailable to the public, or which may be privileged or otherwise 17 protected from disclosure under state or federal statutes, court rules, case decisions, 18 or common law. Accordingly, to expedite the flow of information, to facilitate the 19 prompt resolution of disputes over confidentiality of discovery materials, to 20 adequately protect information the parties are entitled to keep confidential, to ensure 21 that the parties are permitted reasonable necessary uses of such material in 22 preparation for and in the conduct of trial, to address their handling at the end of the 23 litigation, and serve the ends of justice, a protective order for such information is 24 justified in this matter. It is the intent of the parties that information will not be 25 designated as confidential for tactical reasons and that nothing be so designated 26 without a good faith belief that it has been maintained in a confidential, non-public 27 manner, and there is good cause why it should not be part of the public record of this 28 case. 1020.034\9913 2 Case 2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page 3 of 17 Page ID #:246

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

(9th Cir. 2006), Phillips v. Gen. Motors 11 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 12 Inc.,

(E.D. Wis. 1999) (even stipulated protective orders 13 require good cause showing), and a specific showing of good cause or compelling 14 reasons with proper evidentiary support and legal justification, must be made with 15 respect to Protected Material that a party seeks to file under seal. The parties’ mere 16 designation of Disclosure or Discovery Material as “CONFIDENTIAL” or 17 “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only” does not—without the 18 submission of competent evidence by declaration, establishing that the material 19 sought to be filed under seal qualifies as confidential, privileged, or otherwise 20 protectable—constitute good cause. 21 Further, if a party requests sealing related to a dispositive motion or trial, then 22 compelling reasons, not only good cause, for the sealing must be shown, and the 23 relief sought shall be narrowly tailored to serve the specific interest to be protected. 24 See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For 25 each item or type of information, document, or thing sought to be filed or introduced 26 under seal in connection with a dispositive motion or trial, the party seeking 27 protection must articulate compelling reasons, supported by specific facts and legal 28 1020.034\9913 3 Case 2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page 4 of 17 Page ID #:247

1 justification, for the requested sealing order. Again, competent evidence supporting 2 the application to 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, omitting 6 only the confidential, privileged, or otherwise protectable portions of the document, 7 shall be filed. Any application that seeks to file documents under seal in their 8 entirety should include an explanation of why redaction is not feasible. 9 2. DEFINITIONS 10 2.1 Action: This pending federal lawsuit. 11 2.2 Challenging Party: A Party or Non-Party that challenges the 12 designation 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 15 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 16 the Good Cause Statement. 17 2.4 “HIGHLY CONFIDENTIAL” – Attorneys’ Eyes Only” Information or 18 Items: Extremely sensitive “Confidential Information or Items” whose disclosure to 19 another Party or nonparty would create a substantial risk of serious injury that could 20 not be avoided by less restrictive means. 21 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 22 their support staff). 23 2.6 Designating Party: A Party or Non-Party that designates information or 24 items that it produces in disclosures or in responses to discovery as 25 “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only.” 26 2.7 Disclosure or Discovery Material: All items or information, regardless 27 of the medium or manner in which it is generated, stored, or maintained (including, 28 among other things, testimony, transcripts, and tangible things), that are produced or 1020.034\9913 4 Case 2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page 5 of 17 Page ID #:248

1 generated in disclosures or responses to discovery in this matter. 2 2.8 Expert: A person with specialized knowledge or experience in a matter 3 pertinent to the litigation who has been retained by a Party or its counsel to serve as 4 an expert witness or as a consultant in this Action. This definition includes a 5 professional jury or trial consultant retained in connection with this litigation. 6 2.9 House Counsel: Attorneys who are employees of a party to this Action. 7 House Counsel does not include Outside Counsel of Record or any other outside 8 counsel. 9 2.10 Non-Party: Any natural person, partnership, corporation, association or 10 other legal entity not named as a Party to this action. 11 2.11 Outside Counsel of Record: Attorneys who are not employees of a 12 party to this Action but are retained to represent or advise a party to this Action and 13 have appeared in this Action on behalf of that party or are affiliated with a law firm 14 that has appeared on behalf of that party, and includes support staff. 15 2.12 Party: Any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 2.13 Producing Party: A Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 2.14 Professional Vendors: Persons or entities that provide litigation 21 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 and their employees and subcontractors. 24 2.15 Protected Material: Any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Attorneys’ 26 Eyes Only.” 27 2.16 Receiving Party: A Party that receives Disclosure or Discovery 28 Material from a Producing Party. 1020.034\9913 5 Case 2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page 6 of 17 Page ID #:249

3. SCOPE 1 The protections conferred by this Stipulation and Order cover not only 2 Protected Material (as defined above), but also (1) any information copied or 3 extracted from Protected Material; (2) all copies, excerpts, summaries, or 4 compilations of Protected Material; and (3) any testimony, conversations, or 5 presentations by Parties or their Counsel that might reveal Protected Material. 6 Any use of Protected Material at trial shall be governed by the orders of the 7 trial judge. This Order does not govern the use of Protected Material at trial. 8 4. DURATION 9 FINAL DISPOSITION of the action is defined as the conclusion of any 10 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 11 has run. Except as set forth below, the terms of this protective order apply through 12 FINAL DISPOSITION of the action. The parties may stipulate that the they will be 13 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 14 but will have to file a separate action for enforcement of the agreement once all 15 proceedings in this case are complete. 16 Once a case proceeds to trial, information that was designated as 17 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 18 as an exhibit at trial becomes public and will be presumptively available to all 19 members of the public, including the press, unless compelling reasons supported by 20 specific factual findings to proceed otherwise are made to the trial judge in advance 21 of the trial. See Kamakana,

(distinguishing “good cause” 22 showing for sealing documents produced in discovery from “compelling reasons” 23 standard when merits-related documents are part of court record). Accordingly, for 24 such materials, the terms of this protective order do not extend beyond the 25 commencement of the trial. 26 5. DESIGNATING PROTECTED MATERIAL 27 5.1 Exercise of Restraint and Care in Designating Material for Protection. 28 1020.034\9913 6 Case 2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page 7 of 17 Page ID #:250

1 Each Party or Non-Party that designates information or items for protection under 2 this Order must take care to limit any such designation to specific material that 3 qualifies under the appropriate standards. The Designating Party must designate for 4 protection only those parts of material, documents, items or oral or written 5 communications that qualify so that other portions of the material, documents, items 6 or communications for which protection is not warranted are not swept unjustifiably 7 within the ambit of this Order. 8 Mass, indiscriminate or routinized designations are prohibited. Designations 9 that are shown to be clearly unjustified or that have been made for an improper 10 purpose (e.g., to unnecessarily encumber the case development process or to impose 11 unnecessary expenses and burdens on other parties) may expose the Designating 12 Party to sanctions. 13 If it comes to a Designating Party’s attention that information or items that it 14 designated for protection do not qualify for protection, that Designating Party must 15 promptly notify all other Parties that it is withdrawing the inapplicable designation. 16 5.2 Manner and Timing of Designations. Except as otherwise provided in 17 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 18 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 19 under this Order must be clearly so designated before the material is disclosed or 20 produced. 21 Designation in conformity with this Order requires: 22 (a) for information in documentary form (e.g., paper or electronic 23 documents, but excluding transcripts of depositions or other pretrial or trial 24 proceedings), that the Producing Party affix at a minimum, the legend 25 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only”, to 26 each page that contains protected material. If only a portion of the material on a 27 page qualifies for protection, the Producing Party also must clearly identify the 28 protected portion(s) (e.g., by making appropriate markings in the margins). 1020.034\9913 7 Case 2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page 8 of 17 Page ID #:251

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 “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only.” After the 6 inspecting Party has identified the documents it wants copied and produced, the 7 Producing Party must determine which documents, or portions thereof, qualify for 8 protection under this Order. Then, before producing the specified documents, the 9 Producing Party must affix the appropriate legend (“CONFIDENTIAL” or 10 “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only”) to each page that contains 11 Protected Material. If only a portion of the material on a page qualifies for 12 protection, the Producing Party also must clearly identify the protected portion(s) 13 (e.g., by making appropriate markings in the margins). 14 (a) (b) for testimony given in depositions that the Designating 15 Party identifies the Disclosure or Discovery Material on the record, before the close 16 of the deposition all protected testimony and further specify any portions of the 17 testimony that qualify as “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only.” 18 When it is impractical to identify separately each portion of testimony that is entitled 19 to protection, and when it appears that substantial portions of the testimony may 20 qualify for protection, the Party or non-party that sponsors, offers, or gives the 21 testimony may invoke on the record (before the deposition is concluded) a right to 22 have up to 20 days to identify the specific portions of the testimony as to which 23 protection is sought and to specify the level of protection being asserted 24 (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only”). 25 Only those portions of the testimony that are appropriately designated for protection 26 within the 20 days shall be covered by the provisions of this Stipulated protective 27 Order. 28 Transcript pages containing Protected Material must be separately bound 1020.034\9913 8 Case 2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page 9 of 17 Page ID #:252

1 by the court reporter, who must affix to the top of each such page the legend 2 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only,” as 3 instructed by the Party or non-party offering or sponsoring the witness or presenting 4 the testimony. 5 (c) for information produced in some form other than documentary and 6 for any other tangible items, that the Producing Party affix in a prominent place on 7 the exterior of the container or containers in which the information is stored the 8 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Attorneys’ Eyes 9 Only.” If only a portion or portions of the information warrants protection, the 10 Producing Party, to the extent practicable, shall identify the protected portion(s). 11 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 12 failure to designate qualified information or items does not, standing alone, waive 13 the Designating Party’s right to secure protection under this Order for such material. 14 Upon timely correction of a designation, the Receiving Party must make reasonable 15 efforts to assure that the material is treated in accordance with the provisions of this 16 Order. 17 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 18 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 19 designation of confidentiality at any time that is consistent with the Court’s 20 Scheduling Order. 21 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 22 resolution process under Local Rule 37.1 et seq. 23 6.3 The burden of persuasion in any such challenge proceeding shall be on 24 the Designating Party. Frivolous challenges, and those made for an improper 25 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 26 parties) may expose the Challenging Party to sanctions. Unless the Designating 27 Party has waived or withdrawn the confidentiality designation, all parties shall 28 continue to afford the material in question the level of protection to which it is 1020.034\9913 9 Case 2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page 10 of 17 Page ID #:253

1 entitled under the Producing Party’s designation until the Court rules on the 2 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. 14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 15 otherwise ordered by the court or permitted in writing by the Designating Party, a 16 Receiving Party may disclose any information or item designated 17 “CONFIDENTIAL” only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 19 well as employees of said Outside Counsel of Record to whom it is reasonably 20 necessary to disclose the information for this Action; 21 (b) the officers, directors, and employees (including House Counsel) of 22 the Receiving Party to whom disclosure is reasonably necessary for this Action; 23 (c) Experts (as defined in this Order) of the Receiving Party to whom 24 disclosure is reasonably necessary for this Action and who have signed the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (d) the court and its personnel; 27 (e) court reporters and their staff; 28 (f) professional jury or trial consultants, mock jurors, and Professional 1020.034\9913 10 Case 2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page 11 of 17 Page ID #:254

1 Vendors to whom disclosure is reasonably necessary for this Action and who have 2 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (g) the author or recipient of a document containing the information or a 4 custodian or other person who otherwise possessed or knew the information; 5 (h) during their depositions, witnesses, and attorneys for witnesses, in the 6 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 7 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 8 not be permitted to keep any confidential information unless they sign the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 10 agreed by the Designating Party or ordered by the court. Pages of transcribed 11 deposition testimony or exhibits to depositions that reveal Protected Material may 12 be separately bound by the court reporter and may not be disclosed to anyone except 13 as permitted under this Stipulated Protective Order; and 14 (i) any mediator or settlement officer, and their supporting personnel, 15 mutually agreed upon by any of the parties engaged in settlement discussions. 16 7.3 Disclosure of “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only” 17 Information or Items. Unless otherwise ordered by the Court or permitted in writing 18 by the Designating Party, a Receiving Party may disclose any information or item 19 designated “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only” only to: 20 (a) The Receiving Party’s Outside Counsel of Record in this Action, as well 21 as attorneys, staff and employees of said Outside Counsel of Record’s firm to whom 22 it is reasonably necessary to disclose the information for this Action and who have 23 signed the “Agreement to Be Bound By Protective Order” that is attached hereto as 24 Exhibit A; 25 (b) Experts (as defined in this Order) of the Receiving Party to whom 26 disclosure is reasonably necessary for this Action and who have signed the 27 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 28 (c) The Court and its personnel; 1020.034\9913 11 Case 2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page 12 of 17 Page ID #:255

1 (d) Court reporters and their staff, and professional vendors to whom 2 disclosure is reasonable necessary for this litigation and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (e) The author or recipient of a document containing the information or a 5 custodian or other person who otherwise possessed or knew the information; 6 (f) An officer, director or employee of the Designating Party. 7 (g) Any mediator or settlement officer, and their supporting personnel, 8 mutually agreed upon by any of the parties engaged in settlement discussions. 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 litigation 12 that compels disclosure of any information or items designated in this Action as 13 “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only,” that 14 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 19 subpoena or order is subject to this Protective Order. Such notification shall include 20 a copy of this Stipulated Protective Order; and 21 (c) cooperate with respect to all reasonable procedures sought to be 22 pursued by the Designating Party whose 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’ Eyes 26 Only” before a determination by the court from which the subpoena or order issued, 27 unless the Party has obtained the Designating Party’s permission. The Designating 28 Party shall bear the burden and expense of seeking protection in that court of its 1020.034\9913 12 Case 2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page 13 of 17 Page ID #:256

1 confidential material and nothing in these provisions should be construed as 2 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.” Such information 8 produced by Non-Parties in connection with this litigation is protected by the 9 remedies and relief provided by this Order. Nothing in these provisions should be 10 construed as prohibiting a Non-Party from seeking additional protections. 11 (b) In the event that a Party is required, by a valid discovery request, to 12 produce a Non-Party’s confidential information in its possession, and the Party is 13 subject to an agreement with the Non-Party not to produce the Non-Party’s 14 confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the Non-Party 16 that some or all of the information requested is subject to a confidentiality 17 agreement with a Non-Party; 18 (2) promptly provide the Non-Party with a copy of the Stipulated 19 Protective Order in this Action, the relevant discovery request(s), and a reasonably 20 specific description of the information requested; and 21 (3) make the information requested available for inspection by the 22 Non-Party, if requested. 23 (c) If the Non-Party fails to seek a protective order from this court within 24 14 days of receiving the notice and accompanying information, the Receiving Party 25 may produce the Non-Party’s confidential information responsive to the discovery 26 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 27 not produce any information in its possession or control that is subject to the 28 confidentiality agreement with the Non-Party before a determination by the court. 1020.034\9913 13 Case 2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page 14 of 17 Page ID #:257

1 Absent a court order to the contrary, the Non-Party shall bear the burden and 2 expense of seeking protection in this court of its Protected Material. 3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 Protected Material to any person or in any circumstance not authorized under this 6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 7 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 8 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 9 persons to whom unauthorized disclosures were made of all the terms of this Order, 10 and (d) request such person or persons to execute the “Acknowledgment and 11 Agreement to Be Bound” that is attached hereto as Exhibit A. 12 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain 15 inadvertently produced material is subject to a claim of privilege or other protection, 16 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 17 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 18 procedure may be established in an e-discovery order that provides for production 19 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 20 (e), insofar as the parties reach an agreement on the effect of disclosure of a 21 communication or information covered by the attorney-client privilege or work 22 product protection, the parties may incorporate their agreement in the stipulated 23 protective order submitted to the court. 24 12. MISCELLANEOUS 25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 26 person to seek its modification by the Court in the future. 27 12.2 Right to Assert Other Objections. By stipulating to the entry of this 28 Protective Order, no Party waives any right it otherwise would have to object to 1020.034\9913 14 Case 2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page 15 of 17 Page ID #:258

1 disclosing or producing any information or item on any ground not addressed in this 2 Stipulated Protective Order. Similarly, no Party waives any right to object on any 3 ground to use in evidence of any of the material covered by this Protective Order. 4 12.3 Filing Protected Material. A Party that seeks to file under seal any 5 Protected Material must comply with Local Civil Rule 79-5. Protected Material 6 may only be filed under seal pursuant to a court order authorizing the sealing of the 7 specific Protected Material at issue. If a Party’s request to file Protected Material 8 under seal is denied by the court, then the Receiving Party may file the information 9 in the public record unless otherwise instructed by the court. 10 13. FINAL DISPOSITION 11 After the final disposition of this Action, as defined in paragraph 4, within 60 12 days of a written request by the Designating Party, each Receiving Party must return 13 all Protected Material to the Producing Party or destroy such material. As used in 14 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 15 summaries, and any other format reproducing or capturing any of the Protected 16 Material. Whether the Protected Material is returned or destroyed, the Receiving 17 Party must submit a written certification to the Producing Party (and, if not the same 18 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 19 (by category, where appropriate) all the Protected Material that was returned or 20 destroyed and (2) affirms that the Receiving Party has not retained any copies, 21 abstracts, compilations, summaries or any other format reproducing or capturing any 22 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 23 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 24 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 25 reports, attorney work product, and consultant and expert work product, even if such 26 materials contain Protected Material. Any such archival copies that contain or 27 constitute Protected Material remain subject to this Protective Order as set forth in 28 Section 4 (DURATION). 1020.034\9913 15 Case |2:19-cv-00436-AB-GJS Document 41 Filed 02/01/22 Page16o0f17 Page ID #:259

] 2 || 14. VIOLATION 3 |) Any violation of this Order may be punished by appropriate measures including, 4 || without limitation, contempt proceedings and/or monetary sanctions. 5 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 || DATED: _January 28, 2022 9 || /s/ Gregory N. Karasik 10 Attorneys for Plaintiff

11 12 || DATED: _January 28, 2022 13 14 || /s/ John A. Conkle 3 Attorneys for Defendant

16 *Pursuant to Civil L.R. 5-4.3.4(a)(2)(), the filer attests that all other signatories listed, and on whose behalf this filing is submitted, concur in the filing’s content and 17 || have authorized the filing. 18 19 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 21 || DATED: __ February 1, 2022 22 23

25 || United States Magistrate ludge 26 27 28 1020.0349913 16

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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 perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of ___________ [insert formal name of the case and the 9 number and initials assigned to it by the court]. I agree to comply with and to be 10 bound by all the terms of this Stipulated Protective Order and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and punishment 12 in the nature of contempt. I solemnly promise that I will not disclose in any manner 13 any information or item that is subject to this Stipulated Protective Order to any 14 person or entity except in strict compliance with 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 enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type 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 26 Printed name: _______________________________ 27 28 Signature: __________________________________ 1020.034\9913 17