Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 1 of 21 Page ID #:785

Alan M. Mansfield, SBN: 125998 1 WHATLEY KALLAS LLP 2 355 So. Grand Avenue, Suite 2450 3 Los Angeles, CA 90071

4 16870 W. Bernardo Drive, Suite 400 5 San Diego, CA 92127 Phone: (310) 684-2504 6 (858) 674-6641 7 Fax: (855) 274-1888 8 Email: [email protected]

9 Attorneys for Plaintiff in Slaughter 10 [Additional counsel appear on signature page] 11

12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14

15 LAUREN SLAUGHTER, etc. Consolidated Case No.: 16 2:21-cv-02875-VAP-E Plaintiffs,

17 vs. 18 VIRGIN SCENT, INC., D/B/A Assigned to the Honorable Virginia A. ARTNATURALS, INC., and DOES Phillips, Courtroom 8A 19 1-10, STIPULATED PROTECTIVE ORDER 20 Defendants.

21 KAILA SAIKI AND RAYMOND Complaint filed: August 6, 2021 SAIKI, etc., Pretrial Conference: Not Set 22 Plaintiffs, Trial Date: Not Set 23 vs. 24 VIRGIN SCENT, INC., D/B/A ARTNATURALS, INC., 25 Defendant. 26 27 28

1

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1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, customer and pricing lists and 13 other valuable research, development, commercial, financial, technical and/or 14 proprietary information for which special protection from public disclosure and 15 from use for any purpose other than prosecution of this action is warranted. Such 16 confidential and proprietary materials and information consist of, among other 17 things, confidential business or financial information, information regarding 18 confidential business practices, or other confidential research, development, or 19 commercial information (including information implicating privacy rights of third 20 parties), information otherwise generally unavailable to the public, or which may 21 be privileged or otherwise protected from disclosure under state or federal 22 statutes, court rules, case decisions, or common law. Accordingly, to expedite the 23 flow of information, to facilitate the prompt resolution of disputes over 24 confidentiality of discovery materials, to adequately protect information the parties 25 are entitled to keep confidential, to ensure that the parties are permitted reasonable 26 necessary uses of such material in preparation for and in the conduct of trial, to 27 address their handling at the end of the litigation, and serve the ends of justice, a 28 22

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

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

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

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

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

(9th Cir. 2010). For 2 each item or type of information, document, or thing sought to be filed or introduced 3 under seal in connection with a dispositive motion or trial, the party seeking 4 protection must articulate compelling reasons, supported by specific facts and legal 5 justification, for the requested sealing order. Again, competent evidence supporting 6 the application to file documents under seal must be provided by declaration. 7 Any document that is not confidential, privileged, or otherwise protectable 8 in its entirety will not be filed under seal if the confidential portions can be 9 redacted. If documents can be redacted, then a redacted version for public viewing, 10 omitting only the confidential, privileged, or otherwise protectable portions of the 11 document, shall be filed. Any application that seeks to file documents under 12 seal in their entirety should include an explanation of why redaction is not feasible. 13 2. DEFINITIONS 14 2.1 Action: this pending federal lawsuit. 15 2.2 Challenging Party: a Party or Non-Party that challenges the 16 designation of information or items under this Order. 17 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 18 how it is generated, stored or maintained) or tangible things that qualify for 19 protection under Federal Rule of Civil Procedure 26(c), and as specified above 20 in the Good Cause Statement. 21 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 22 their support staff), and Mark D. Kremer of Conkle, Kremer & Engel, PLC 23 2.5 Designating Party: a Party or Non-Party that designates information 24 or items that it produces in disclosures or in responses to discovery as 25 “CONFIDENTIAL.” 26 2.6 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 24

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1 among other things, testimony, transcripts, and tangible things), that are produced 2 or generated in disclosures or responses to discovery in this matter. 3 2.7 Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve 5 as an expert witness or as a consultant in this Action. 6 2.8 Final Disposition: The conclusion of this action by Court action 7 (including any Court action taken as stipulated or agreed to by the parties), 8 including the exhaustion of all appeals or the expiration of all appeal times without 9 an appeal having been taken. 10 2.9 House Counsel: attorneys who are employees of a party to this Action. 11 House Counsel does not include Outside Counsel of Record or any other outside 12 counsel. 13 2.10 Insurance Companies: Each insurance company, and their affiliates 14 providing services concerning this action, to whom defendant Virgin Scent, Inc. 15 d/b/a Artnaturals has provided notice of this Action, seeking insurance coverage for 16 17 any of the claims in this Action. Nothing herein shall affect whether there is 18 insurance coverage by any of the Insurance Companies for any of the claims in this 19 Action. 20 2.11 Non-Party: any natural person, partnership, corporation, association or 21 other legal entity not named as a Party to this action. 22 2.12 Outside Counsel of Record: attorneys who are not employees of a 23 party to this Action but are retained to represent or advise a party to this Action and 24 have appeared in this Action on behalf of that party or are affiliated with a law firm 25 that has appeared on behalf of that party, and includes support staff. 26 2.13 Party: any party to this Action, including all of its officers, directors, 27 employees, consultants, retained experts, and Outside Counsel of Record (and their 28 support staffs). 25

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1 2.14 Producing Party: a Party or Non-Party that produces Disclosure or 2 Discovery Material in this Action. 3 2.15 Professional Vendors: persons or entities that provide litigation 4 support services (e.g., photocopying, videotaping, translating, preparing exhibits 5 or demonstrations, and organizing, storing, or retrieving data in any form or 6 medium) and their employees and subcontractors. 7 2.16 Protected Material: any Disclosure or Discovery Material that is 8 designated as “CONFIDENTIAL.” 9 2.17 Receiving Party: a Party that receives Disclosure or Discovery 10 Material from a Producing Party. 11 3. SCOPE 12 The protections conferred by this Stipulation and Order cover not only 13 Protected Material (as defined above), but also (1) any information copied or 14 extracted from Protected Material; (2) all copies, excerpts, summaries, or 15 compilations of Protected Material; and (3) any testimony, conversations, or 16 presentations by Parties or their Counsel that might reveal Protected Material. 17 Any use of Protected Material at trial shall be governed by the orders of the 18 trial judge. This Order does not govern the use of Protected Material at trial. 19 4. DURATION 20 The provisions of this Order shall not terminate at the Final Disposition of 21 this action. Once a case proceeds to trial, information that was designated as 22 CONFIDENTIAL or maintained pursuant to this protective order and is used or 23 introduced as an exhibit at trial becomes public and will be presumptively 24 available to all members of the public, including the press, unless compelling 25 reasons supported by specific factual findings to proceed otherwise are made to the 26 trial judge in advance of the trial. See Kamakana,

-81 27 (distinguishing “good cause” showing for sealing documents produced in 28 26

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1 discovery from “compelling reasons” standard when merits-related documents are 2 part of court record). Accordingly, the terms of this protective order do not extend 3 beyond the commencement of the trial for exhibits and deposition testimony used 4 at trial unless exempted from public disclosure by an order of the Court as provided 5 above). 6 5. DESIGNATING PROTECTED MATERIAL 7 5.1 Exercise of Restraint and Care in Designating Material for 8 Protection. Each Party or Non-Party that designates information or items for 9 protection under this Order must take care to limit any such designation to 10 specific material that qualifies under the appropriate standards. The Designating 11 Party must designate for protection only those parts of material, documents, items 12 or oral or written communications that qualify so that other portions of the material, 13 documents, items or communications for which protection is not warranted are not 14 swept unjustifiably within the ambit of this Order. 15 Mass, indiscriminate or routinized designations are prohibited. Designations 16 that are shown to be clearly unjustified or that have been made for an improper 17 purpose (e.g., to unnecessarily encumber the case development process or to impose 18 unnecessary expenses and burdens on other parties) may expose the Designating 19 Party to sanctions. 20 If it comes to a Designating Party’s attention that information or items that 21 it designated for protection do not qualify for protection, that Designating Party 22 must promptly notify all other Parties that it is withdrawing the inapplicable 23 designation. 24 5.2 Manner and Timing of Designations. Except as otherwise provided in 25 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 26 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 27 under this Order must be clearly so designated before the material is disclosed 28 27

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1 or produced. 2 Designation in conformity with this Order requires: 3 (a) for information in documentary form (e.g., paper or electronic 4 documents, but excluding transcripts of depositions or other pretrial or trial 5 proceedings), that the Producing Party affix at minimum, the legend 6 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 7 contains protected material. If only a portion of the material on a page qualifies for 8 protection, the Producing Party also must clearly identify the protected portion(s) 9 (e.g., by making appropriate markings in the margins). 10 A Party or Non-Party that makes original documents available for inspection 11 need not designate them for protection until after the inspecting Party has indicated 12 which documents it would like copied and produced. During the inspection and 13 before the designation, all of the material made available for inspection shall be 14 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 15 documents it wants copied and produced, the Producing Party must determine 16 which documents, or portions thereof, qualify for protection under this Order. 17 Then, before producing the specified documents, the Producing Party must affix the 18 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 19 portion of the material on a page qualifies for protection, the Producing Party also 20 must clearly identify the protected portion(s) (e.g., by making appropriate markings 21 in the margins). 22 (b) for testimony given in depositions or in other pretrial 23 proceedings, all such testimony shall be treated as “CONFIDENTIAL” for a period of 24 30 days from the date of receipt by Outside Counsel of Record of a final transcript 25 during which a Designating Party may identify the specific portions of testimony as 26 to which protection is sought. At the expiration of that 30-day period, only those 27 portions that are specifically identified will qualify for protection under this Order. 28 Any rough transcript that is generated before receipt by Outside Counsel of Record 28

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1 of a final transcript also shall be treated during the 30-day period as if it had been 2 designated as “CONFIDENTIAL” in its entirety, unless otherwise agreed in 3 writing. After the expiration of that period, the transcript shall be treated only as 4 actually designated. Each party shall provide notice to all other Parties if it 5 reasonably expects to reference Protected Material at a deposition, hearing or other 6 proceeding so that the other parties can ensure that only authorized individuals who 7 have signed the Acknowledgement and Agreement to be Bound attached as Exhibit 8 A hereto are present at those proceedings. The use of a document as an exhibit at a 9 deposition shall not in any way affect its designation as “Confidential.” 10 (c) for information produced in some form other than documentary 11 and for any other tangible items, that the Producing Party affix in a prominent 12 place on the exterior of the container or containers in which the information is 13 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 14 information warrants protection, the Producing Party, to the extent practicable, shall 15 identify the protected portion(s). 16 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 17 failure to designate qualified information or items does not, standing alone, waive 18 the Designating Party’s right to secure protection under this Order for such material. 19 Upon timely correction of a designation, the Receiving Party must make reasonable 20 efforts to assure that the material is treated in accordance with the provisions of this 21 Order. 22 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 24 designation of confidentiality at any time that is consistent with the Court’s 25 Scheduling Order. 26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 27 resolution process under Local Rule 37-1, et seq. 28 29

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1 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 2 joint stipulation pursuant to Local Rule 37-2. 3 6.4 The burden of persuasion in any such challenge proceeding shall be 4 on the Designating Party. Frivolous challenges, and those made for an improper 5 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 6 parties) may expose the Challenging Party to sanctions. Unless the Designating 7 Party has waived or withdrawn the confidentiality designation, all parties shall 8 continue to afford the material in question the level of protection to which it 9 is entitled under the Producing Party’s designation until the Court rules on the 10 challenge. 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 12 7.1 Basic Principles. A Receiving Party may use Protected Material that is 13 disclosed or produced by another Party or by a Non-Party in connection with this 14 Action only for prosecuting, defending or attempting to settle this Action. Such 15 Protected Material may be disclosed only to the categories of persons and under the 16 conditions described in this Order. When the Action has been terminated, a 17 18 Receiving Party must comply with the provisions of section 13 below (FINAL 19 DISPOSITION). 20 Protected Material must be stored and maintained by a Receiving Party at 21 a location and in a secure manner that ensures that access is limited to the persons 22 authorized under this Order. 23 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 24 otherwise ordered by the court or permitted in writing by the Designating Party, a 25 Receiving Party may disclose any information or item designated 26 “CONFIDENTIAL” only to: 27 (a) the Receiving Party’s Outside Counsel of Record in this 28 Action, as well as employees of said Outside Counsel of Record to whom it is 30

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1 reasonably necessary to disclose the information for this Action, and Mark D. 2 Kremer; 3 (b) the officers, directors, and employees (including House 4 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 5 Action; 6 (c) Experts (as defined in this Order) of the Receiving Party to 7 whom disclosure is reasonably necessary for this Action and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (d) Insurance Companies; 10 (e) the court and its personnel; 11 (f) court reporters and their staff; 12 (g) professional jury or trial consultants, mock jurors, and 13 Professional Vendors to whom disclosure is reasonably necessary for this Action 14 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 15 A); 16 (h) the author or recipient of a document containing the information 17 or a custodian or other person who otherwise possessed or knew the information; 18 (i) during their depositions, witnesses, and attorneys for witnesses, 19 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing 20 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they 21 will not be permitted to keep any confidential information unless they sign the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 23 agreed by the Designating Party or ordered by the court. Pages of transcribed 24 deposition testimony or exhibits to depositions that reveal Protected Material may 25 be separately bound by the court reporter and may not be disclosed to anyone except 26 as permitted under this Stipulated Protective Order; 27 28 31

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1 (j) any mediator or settlement officer, and their supporting 2 personnel, mutually agreed upon by any of the parties engaged in settlement 3 discussions; and 4 (k) any other person to whom the Designating Party and Receiving 5 Party and their respective Outside Counsel of Record all agree in writing or on the 6 record in advance of the disclosure to such person. 7 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 8 IN OTHER LITIGATION 9 If a Party is served with a subpoena or a court order issued in other litigation 10 that compels disclosure of any information or items designated in this Action as 11 “CONFIDENTIAL,” that Party must: 12 (a) promptly notify in writing the Designating Party. Such 13 notification shall include a copy of the subpoena or court order; 14 (b) promptly notify in writing the party who caused the subpoena or 15 order to issue in the other litigation that some or all of the material covered 16 by the subpoena or order is subject to this Protective Order. Such notification shall 17 include a copy of this Stipulated Protective Order; and 18 (c) cooperate with respect to all reasonable procedures sought 19 to be pursued by the Designating Party whose Protected Material may be affected. 20 If the Designating Party timely seeks a protective order, the Party served with 21 the subpoena or court order shall not produce any information designated in this 22 action as “CONFIDENTIAL” before a determination by the court from which the 23 subpoena or order issued, unless the Party has obtained the Designating Party’s 24 permission. The Designating Party shall bear the burden and expense of seeking 25 protection in that court of its confidential material and nothing in these provisions 26 should be construed as authorizing or encouraging a Receiving Party in this Action 27 to disobey a lawful directive from another court. 28 32

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1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced 4 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 5 information produced by Non-Parties in connection with this litigation is protected 6 by the remedies and relief provided by this Order. Nothing in these provisions 7 should be construed as prohibiting a Non-Party from seeking additional protections. 8 (b) In the event that a Party is required, by a valid discovery 9 request, to produce a Non-Party’s confidential information in its possession, and 10 the Party is subject to an agreement with the Non-Party not to produce the Non- 11 Party’s confidential information, then the Party shall: 12 (1) promptly notify in writing the Requesting Party and the 13 Non-Party 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 16 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 17 reasonably specific description of the information requested; and 18 (3) make the information requested available for inspection 19 by the Non-Party, if requested. 20 (c) If the Non-Party fails to seek a protective order from this court 21 within 14 days of receiving the notice and accompanying information, the Receiving 22 Party may produce the Non-Party’s confidential information responsive to the 23 discovery request. If the Non-Party timely seeks a protective order, the Receiving 24 Party shall not produce any information in its possession or control that is 25 subject to the confidentiality agreement with the Non-Party before a determination 26 by the court. Absent a court order to the contrary, the Non-Party shall bear the 27 burden and expense of seeking protection in this court of its Protected Material. 28 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 33

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1 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 2 Protected Material to any person or in any circumstance not authorized under this 3 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 4 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 5 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 6 persons to whom unauthorized disclosures were made of all the terms of this Order, 7 and (d) request such person or persons to execute the “Acknowledgment and 8 Agreement to Be Bound” that is attached hereto as Exhibit A. 9 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 10 PROTECTED MATERIAL 11 When a Producing Party gives notice to Receiving Parties that certain 12 inadvertently produced material is subject to a claim of privilege or other protection, 13 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 14 Procedure 26(b)(5)(B). Pursuant to Federal Rule of Evidence 502(d), neither the 15 attorney-client privilege nor the work product protection is waived by inadvertent 16 production in this action. This Protective Order shall be interpreted to provide the 17 maximum protection allowed by Federal Rule of Evidence 502(d). 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 28 34

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1 may only be filed under seal pursuant to a court order authorizing the sealing of the 2 specific Protected Material at issue. If a Party’s request to file Protected Material 3 under seal is denied by the court, then the Receiving Party may file the information 4 in the public record unless otherwise instructed by the court. 5 13. FINAL DISPOSITION 6 This Protective Order shall continue to be binding after Final Disposition of 7 this Action as provided in Paragraph 4 above, except that a Party may seek the 8 written permission of the Producing Party or further order of the Court with respect 9 to dissolution or modification of this Protective Order. Within 30 days after Final 10 Disposition of this Action, as defined in paragraph 2.8, all documents designated as 11 containing “CONFIDENTIAL” Information, including copies, shall be returned 12 to the Party or Producing Party who previously produced the document, unless: 13 (1) the document has been offered into evidence or filed without restriction as to 14 disclosure; (2) the Parties agree to destruction of the document to the extent 15 practical in lieu of return; or (3) as to documents bearing the notations, 16 summations or other mental impressions of the Receiving Party, that Party elects 17 to destroy the documents and certifies to the Producing Party that it has done so. 18 The Outside Counsel and Insurance Companies (including claim managers) for 19 any defendant shall be entitled to retain court papers, deposition and trial 20 transcripts and exhibits, and attorney work product (including discovery 21 information containing Confidential Information ); provided, however, that each 22 Insurance Company’s employees, and defendant’s Outside Counsel, and 23 employees of such Outside Counsel shall not disclose the portions of court papers, 24 depositions transcript, exhibits or attorney-work product containing Confidential 25 Information to any person except pursuant to court order or agreement with the 26 Designating Party or Non-Party that produced the Confidential Information. This 27 provision does not apply to the Court or its staff. 28 14. VIOLATION 35

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1 Any violation of this Order may be punished by appropriate measures 2 including, without limitation, contempt proceedings and/or monetary sanctions. 3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 DATED: March 25, 2022 /s/ Alan M. Mansfield 5 Alan M. Mansfield (SBN: 125998)

6 WHATLEY KALLAS, LLP 7 355 So. Grand Avenue Suite 2450 8 Los Angeles, CA 90071 9 16870 W. Bernardo Drive, Suite 400 10 San Diego, CA 92127 11 Phone: (310) 684-2504 12 (858) 674-6641 Fax: (855) 274-1888 13 Email: [email protected] 14 Thomas Mauriello (SBN 144811) 15 MAURIELLO LAW FIRM 16 1181 Puerta Del Sol #120 San Clemente, CA 92673 17 Phone: (949) 542-3555 18 Fax: (949) 606-9690 19 Email: [email protected]

20 Joe R. Whatley, Jr. 21 (To Be Admitted Pro Hac Vice) WHATLEY KALLAS LLP 22 152 West 57th Street 23 41st Floor 24 New York, NY 10019 Phones: (212) 447-7060 25 Fax: (800) 922-4851 26 Email: [email protected]

27 C. Nicholas Dorman (Admitted Pro 28 Hac Vice) 36

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WHATLEY KALLAS LLP 1 2001 Park Place North 2 Suite 1000 3 Birmingham, AL 35203 Phone: (205) 488-1200 4 Fax: (800) 922-4851 5 Email: [email protected] E. Kirk Wood 6 (To Be Admitted Pro Hac Vice) 7 Wood Law Firm, LLC 8 2001 Park Place North, Suite 1000 P. O. Box 382434 9 Birmingham, AL 35238 10 Phone: 205-612-0243 Fax: 866-579-8110 11 Email: [email protected] 12 Attorneys for Plaintiff in the Slaughter 13 Action 14

15

16 17 18 19 20 21 22 23 24 25 26 27 28 37

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DATED: March 25, 2022 /s/ Yeremey O. Krivoshey 1 Lawrence Timothy Fisher (SBN 191626) 2 Yeremey O. Krivoshey 3 BURSOR AND FISHER PA 1990 North California Boulevard 4 Suite 940 5 Walnut Creek, CA 94596 Phone: (925) 300-4455 6 Fax: (925) 407-2700 7 8 Email: [email protected] [email protected] 9

10 Max Roberts Andrew Obergfell 11 BURSOR & FISHER, P.A. 12 888 Seventh Avenue New York, NY 10019 13 Telephone: (646) 837-7150 14 Facsimile: (212) 989-9163 15 E-Mail: [email protected] [email protected] 16 Attorneys for Plaintiffs in Saiki Action 17 Dated: March 25, 2022 /s/ Stephanie G. Chau 18 Stephanie G. Chau (SBN 292699) 19 CARLTON FIELDS, LLP 20 2029 Century Park East, Suite 1200 Los Angeles, CA 90067-2913 21 Telephone: (310) 843-6300 22 Facsimile: (310) 843-6301 [email protected] 23

24 Attorneys for Defendant VIRGIN SCENT, INC., D/B/A ARTNATURALS, INC 25

26 Additional Counsel:

27 D. Matthew Allen (Pro Hac Vice) David Walz (Pro Hac Vice) 28 CARLTON FIELDS, P.A. 38

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1 4221W. Boy scout Blvd., Suite 100 Corporate Center Three at International 2 Tower Tampa, Florida 33607-5780 3 Tel: (813) 223-7000 Fax: (813) 229-4133 4 [email protected] 5 [email protected] 6 Lauren Greenspoon (Pro Hac Vice) CARLTON FIELDS, P.A. 7 One State Street, Suite 1800 Hartford, CT 06103 8 Tel: (860) 392-5000 9 Fax: (860) 392-5058 [email protected] 10 Robert Pass 11 CARLTON FIELDS, P.A. (Pro Hac Vice) 215 S. Monroe Street, Suite 500 12 Tallahassee, Florida 32301 13 Tel: (850) 224-1585 Fax: (850) 222-0398 14 [email protected] 15 Attorneys for Defendant VIRGIN SCENT, INC., 16 D/B/A ARTNATURALS, INC.

17|| FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 18 19|| Dated: 3/25/22 /S/ CHARLES F. EICK 0 HONORABLE CHARLES F. EICK United States Magistrate Judge 21 22 23 24 25 26 27 28

39 STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E

Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 20 of 21 Page ID #:804

Alan M. Mansfield, SBN: 125998 1 WHATLEY KALLAS LLP 2 355 So. Grand Avenue, Suite 2450 3 Los Angeles, CA 90071

4 16870 W. Bernardo Drive, Suite 400 5 San Diego, CA 92127 Phone: (310) 684-2504 6 (858) 674-6641 7 Fax: (855) 274-1888 8 Email: [email protected]

9 Attorneys for Plaintiff in Slaughter 10 [additional counsel appear on signature page] 11

12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14

15 LAUREN SLAUGHTER, etc. Consolidated Case No.: 16 2:21-cv-02875-VAP-E Plaintiffs,

17 vs. 18 VIRGIN SCENT, INC., D/B/A Assigned to the Honorable Virginia A. Phillips, Courtroom 8A ARTNATURALS, INC., and DOES 19 1-10, EXHIBIT A – ACKNOWLEDGEMENT 20 Defendants. AND AGREEMENT TO BE BOUND

21 KAILA SAIKI AND RAYMOND SAIKI, etc., Complaint filed: August 6, 2021 22 Plaintiffs, Pretrial Conference: Not Set 23 vs. Trial Date: Not Set

24 VIRGIN SCENT, INC., D/B/A ARTNATURALS, INC., 25 Defendant. 26

27 28 40

STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E Case 2:21-cv-02875-PSG-E Document 59 Filed 03/25/22 Page 21 of 21 Page ID #:805

I, ____________________________ of __________________________declare 1 2 under penalty of perjury that I have read in its entirety and understand the Stipulated 3 Protective Order that was issued by the United State District Court for the Central 4 5 District of California on ______________, 2022 in Lauren Slaughter, etc. Virgin 6 Scent, Inc. d/b/a Artnaturals, Inc. and DOES 1-10, etc., Consolidated Case No. 2:21- 7 8 cv-02875-VAP-E. I agree to comply with an be bound by all terms of this Stipulated 9 Protective Order, and I understand and acknowledge that failure to so comply could 10 expose me to sanctions and punishment in the nature of contempt. I solemnly 11 12 promise that I will not disclose in any manner any information or item that is subject 13 to this Stipulated Protective Order to any person or entity except in strict compliance 14 15 with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court 17 for the Central District of California for the purpose of enforcing the terms of this 18 19 Stipulated Protective Order, even if such enforcement proceedings occur after 20 termination of this action. 21 22 23 Date: 24 25 City and State where sworn and signed: 26 Printed Name: 27 Signature: 28 41

STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02875-VAP-E