Case 2:20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 1 of 17 Page ID #:495

1 Brent H. Blakely (SBN 157292) [email protected] 2 Jamie Fountain (SBN 316567) [email protected] 3 BLAKELY LAW GROUP 1334 Parkview Avenue, Suite 280 4 Manhattan Beach, California 90266 Telephone: (310) 546-7400 5 Facsimile: (310) 546-7401 6 Attorneys for Plaintiff PRL USA Holdings, Inc. 7 THE ALTMAN LAW GROUP Bryan C. Altman (SBN 122976) 8 Christopher Urner (SBN 311532) Andrew Jung (SBN 336002) 9 10990 Wilshire Blvd., Suite 220 Los Angeles, CA 90024 10 Telephone: (310) 277-8481 Fax: (310) 277-8483 11 Attorneys for Defendants DESIGNERBRANDSFORLESS, INC and 12 JACQUELINE JARROT 13 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 17 PRL USA Holdings, Inc., a Delaware Case No. 2:20-cv-01670-AB-RAO Corporation, 18 Plaintiff, STIPULATED PROTECTIVE 19 ORDER1 v. 20 21 DESIGNERBRANDSFORLESS, INC., a California Corporation; 22 JACQUELINE JARROT, an individual, P STAR T, INC., dba 23 PACIFIC STAR, a corporation; HAIM OHAYON, an individual; and 24 DOES 1-10, inclusive, 25 26 Defendants. 27 1 This Stipulated Protective Order is substantially based on the model protective 28 order provided under Magistrate Judge Rozella A. Oliver’s Procedures. Case 2:20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 2 of 17 Page ID #:496

1 2 1. A. PURPOSES AND LIMITATIONS 3 Discovery in this action is likely to involve production of confidential, 4 proprietary or private information for which special protection from public 5 disclosure and from use for any purpose other than prosecuting this litigation may 6 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 7 enter the following Stipulated Protective Order. The parties acknowledge that this 8 Order does not confer blanket protections on all disclosures or responses to 9 discovery and that the protection it affords from public disclosure and use extends 10 only to the limited information or items that are entitled to confidential treatment 11 under the applicable legal principles. 12 13 B. GOOD CAUSE STATEMENT 14 In its Complaint, Plaintiff asserts causes of action against Defendant for 15 trademark infringement under the Lanham Act, false designation of origin/false 16 descriptions, unfair competition and related claims under state statutory and 17 common law, and patent infringement. This action is likely to involve trade secrets, 18 customer and pricing lists and other valuable research, development, commercial, 19 financial, technical and/or proprietary information for which special protection from 20 public disclosure and from use for any purpose other than prosecution of this action 21 is warranted. Such confidential and proprietary materials and information consist 22 of, among other things, confidential business or financial information, information 23 regarding confidential business practices, or other confidential research, 24 development, or commercial information (including information implicating privacy 25 rights of third parties), information otherwise generally unavailable to the public, or 26 which may be privileged or otherwise protected from disclosure under state or 27 federal statutes, court rules, case decisions, or common law. Accordingly, to 28 expedite the flow of information, to facilitate the prompt resolution of disputes over 2 Case 2:20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 3 of 17 Page ID #:497

1 confidentiality of discovery materials, to adequately protect information the parties 2 are entitled to keep confidential, to ensure that the parties are permitted reasonable 3 necessary uses of such material in preparation for and in the conduct of trial, to 4 address their handling at the end of the litigation, and serve the ends of justice, a 5 protective order for such information is justified in this matter. It is the intent of the 6 parties that information will not be designated as confidential for tactical reasons 7 and that nothing be so designated without a good faith belief that it has been 8 maintained in a confidential, non-public manner, and there is good cause why it 9 should not be part of the public record of this case. 10 11 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 12 The parties further acknowledge, as set forth in Section 12.3, below, that this 13 Stipulated Protective Order does not entitle them to file confidential information 14 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 15 and the standards that will be applied when a party seeks permission from the court 16 to file material under seal. 17 There is a strong presumption that the public has a right of access to judicial 18 proceedings and records in civil cases. In connection with non-dispositive motions, 19 good cause must be shown to support a filing under seal. See Kamakana v. City and 20 County of Honolulu,

(9th Cir. 2006); Phillips v. Gen. Motors 21 Corp.,

, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, 22 Inc.,

(E.D. Wis. 1999) (even stipulated protective orders 23 require good cause showing), and a specific showing of good cause or compelling 24 reasons with proper evidentiary support and legal justification, must be made with 25 respect to Protected Material that a party seeks to file under seal. The parties’ mere 26 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 27 without the submission of competent evidence by declaration, establishing that the 28 3 Case 2:20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 4 of 17 Page ID #:498

1 material sought to be filed under seal qualifies as confidential, privileged, or 2 otherwise protectable—constitute good cause. 3 Further, if a party requests sealing related to a dispositive motion or trial, then 4 compelling reasons, not only good cause, for the sealing must be shown, and the 5 relief sought shall be narrowly tailored to serve the specific interest to be protected. 6 See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For 7 each item or type of information, document, or thing sought to be filed or introduced 8 under seal in connection with a dispositive motion or trial, the party seeking 9 protection must articulate compelling reasons, supported by specific facts and legal 10 justification, for the requested sealing order. Again, competent evidence supporting 11 the application to file documents under seal must be provided by declaration. 12 Any document that is not confidential, privileged, or otherwise protectable in 13 its entirety will not be filed under seal if the confidential portions can be redacted. 14 If documents can be redacted, then a redacted version for public viewing, omitting 15 only the confidential, privileged, or otherwise protectable portions of the document 16 shall be filed. Any application that seeks to file documents under seal in their 17 entirety should include an explanation of why redaction is not feasible. 18 19 2. DEFINITIONS 20 2.1 Action: this pending lawsuit PRL USA Holdings, Inc. v. 21 Designerbrandsforless, Inc.; et al., C.D. Cal. 2:20-cv-01670-AB-RAO. 22 2.2 Challenging Party: a Party or Non-Party that challenges the 23 designation of information or items under this Order. 24 2.3 “CONFIDENTIAL” or “CONFIDENTIAL – AEO” Information or 25 Items: information (regardless of how it is generated, stored or maintained) or 26 tangible things that qualify for protection under Federal Rule of Civil Procedure 27 26(c), and as specified above in the Good Cause Statement; AEO is short for 28 Attorneys Eyes Only. 4 Case 2:20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 5 of 17 Page ID #:499

1 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 2 their support staff). 3 2.5 Designating Party: a Party or Non-Party that designates information or 4 items that it produces in disclosures or in responses to discovery as 5 “CONFIDENTIAL” or “CONFIDENTIAL – AEO.” 6 2.6 Disclosure or Discovery Material: all items or information, regardless 7 of the medium or manner in which it is generated, stored, or maintained (including, 8 among other things, testimony, transcripts, and tangible things) that are produced or 9 generated in disclosures or responses to discovery in this matter. 10 2.7 Expert: a person with specialized knowledge or experience in a matter 11 pertinent to the litigation who has been retained by a Party or its counsel to serve as 12 an expert witness or as a consultant in this Action. 13 2.8 House Counsel: attorneys who are employees of a party to this Action. 14 House Counsel does not include Outside Counsel of Record or any other outside 15 counsel. 16 2.9 Non-Party: any natural person, partnership, corporation, association or 17 other legal entity not named as a Party to this action. 18 2.10 Outside Counsel of Record: attorneys who are not employees of a 19 party to this Action but are retained to represent or advise a party to this Action and 20 have appeared in this Action on behalf of that party or are affiliated with a law firm 21 that has appeared on behalf of that party, and includes support staff. 22 2.11 Party: any party to this Action, including all of its officers, directors, 23 employees, consultants, retained experts, and Outside Counsel of Record (and their 24 support staffs). 25 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 26 Discovery Material in this Action. 27 2.13 Professional Vendors: persons or entities that provide litigation 28 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 5 Case 2:20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 6 of 17 Page ID #:500

1 demonstrations, and organizing, storing, or retrieving data in any form or medium) 2 and their employees and subcontractors. 3 2.14 Protected Material: any Disclosure or Discovery Material that is 4 designated as “CONFIDENTIAL – AEO” or “CONFIDENTIAL.” 5 2.15 Receiving Party: a Party that receives Disclosure or Discovery 6 Material from a Producing Party. 7 8 3. SCOPE 9 The protections conferred by this Stipulation and Order cover not only 10 Protected Material (as defined above), but also (1) any information copied or 11 extracted from Protected Material; (2) all copies, excerpts, summaries, or 12 compilations of Protected Material; and (3) any testimony, conversations, or 13 presentations by Parties or their Counsel that might reveal Protected Material. 14 Any use of Protected Material at trial shall be governed by the orders of the 15 trial judge. This Order does not govern the use of Protected Material at trial. 16 17 4. DURATION 18 Even after final disposition of this litigation, the confidentiality obligations 19 imposed by this Order shall remain in effect until a Designating Party agrees 20 otherwise in writing or a court order otherwise directs. Final disposition shall be 21 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 22 or without prejudice; and (2) final judgment herein after the completion and 23 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 24 including the time limits for filing any motions or applications for extension of time 25 pursuant to applicable law. 26 27 5. DESIGNATING PROTECTED MATERIAL 28 5.1 Exercise of Restraint and Care in Designating Material for Protection. 6 Case 2:20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 7 of 17 Page ID #:501

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” (hereinafter “CONFIDENTIAL legend”), to each page that 26 contains protected material. If only a portion of the material on a page qualifies for 27 protection, the Producing Party also must clearly identify the protected portion(s) 28 (e.g., by making appropriate markings in the margins). 7 Case 2:20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 8 of 17 Page ID #:502

1 A Party or Non-Party that makes original documents available for inspection 2 need not designate them for protection until after the inspecting Party has indicated 3 which documents it would like copied and produced. During the inspection and 4 before the designation, all of the material made available for inspection shall be 5 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 6 documents it wants copied and produced, the Producing Party must determine which 7 documents, or portions thereof, qualify for protection under this Order. Then, 8 before producing the specified documents, the Producing Party must affix the 9 “CONFIDENTIAL or CONFIDENTIAL - AEO legend” to each page that contains 10 Protected Material. If only a portion of the material on a page qualifies for 11 protection, the Producing Party also must clearly identify the protected portion(s) 12 (e.g., by making appropriate markings in the margins). 13 (b) for testimony given in depositions that the Designating Party identifies 14 the Disclosure or Discovery Material on the record, before the close of the 15 deposition all protected testimony. 16 (c) for information produced in some form other than documentary and 17 for any other tangible items, that the Producing Party affix in a prominent place on 18 the exterior of the container or containers in which the information is stored the 19 legend “CONFIDENTIAL – AEO” or “CONFIDENTIAL.” If only a portion or 20 portions of the information warrants protection, the Producing Party, to the extent 21 practicable, shall identify the protected portion(s). 22 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 23 failure to designate qualified information or items does not, standing alone, waive 24 the Designating Party’s right to secure protection under this Order for such material. 25 Upon timely correction of a designation, the Receiving Party must make reasonable 26 efforts to assure that the material is treated in accordance with the provisions of this 27 Order. 28 8 Case 2:20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 9 of 17 Page ID #:503

1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s 4 Scheduling Order. 5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37.1 et seq. 7 6.3 The burden of persuasion in any such challenge proceeding shall be on 8 the Designating Party. Frivolous challenges, and those made for an improper 9 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 10 parties) may expose the Challenging Party to sanctions. Unless the Designating 11 Party has waived or withdrawn the confidentiality designation, all parties shall 12 continue to afford the material in question the level of protection to which it is 13 entitled under the Producing Party’s designation until the Court rules on the 14 challenge. 15 16 7. ACCESS TO AND USE OF PROTECTED MATERIAL 17 7.1 Basic Principles. A Receiving Party may use Protected Material that is 18 disclosed or produced by another Party or by a Non-Party in connection with this 19 Action only for prosecuting, defending or attempting to settle this Action. Such 20 Protected Material may be disclosed only to the categories of persons and under the 21 conditions described in this Order. When the Action has been terminated, a 22 Receiving Party must comply with the provisions of section 13 below (FINAL 23 DISPOSITION). 24 Protected Material must be stored and maintained by a Receiving Party at a 25 location and in a secure manner that ensures that access is limited to the persons 26 authorized under this Order. 27 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 28 otherwise ordered by the court or permitted in writing by the Designating Party, a 9 Case 2:20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 10 of 17 Page ID #:504

1 Receiving Party may disclose any information or item designated 2 “CONFIDENTIAL” only to: 3 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 4 well as employees of said Outside Counsel of Record to whom it is reasonably 5 necessary to disclose the information for this Action; 6 (b) the officers, directors, and employees (including In-House Counsel) of 7 the Receiving Party to whom disclosure is reasonably necessary for this Action; 8 (c) Experts (as defined in this Order) of the Receiving Party to whom 9 disclosure is reasonably necessary for this Action and who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (d) the court and its personnel; 12 (e) court reporters and their staff; 13 (f) professional jury or trial consultants, mock jurors, and Professional 14 Vendors to whom disclosure is reasonably necessary for this Action and who have 15 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (g) the author or recipient of a document containing the information or a 17 custodian or other person who otherwise possessed or knew the information; 18 (h) during their depositions, witnesses, and attorneys for witnesses, in the 19 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 20 requests that the witness sign the form attached as Exhibit A 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; and 27 (i) any mediator or settlement officer, and their supporting personnel, 28 mutually agreed upon by any of the parties engaged in settlement discussions. 10 Case 2:20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 11 of 17 Page ID #:505

1 7.3 Disclosure of “CONFIDENTIAL-AEO” 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-AEO” only to: 5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 6 well as employees of said Outside Counsel of Record to whom it is reasonably 7 necessary to disclose the information for this Action; 8 (b) the Receiving Party’s In-House Counsel; 9 (c) Experts (as defined in this Order) of the Receiving Party to whom 10 disclosure is reasonably necessary for this Action and who have signed the 11 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (d) the court and its personnel; 13 (e) court reporters and their staff; 14 (f) professional jury or trial consultants, mock jurors, and Professional 15 Vendors to whom disclosure is reasonably necessary for this Action and who have 16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 (g) the author or recipient of a document containing the information or a 18 custodian or other person who otherwise possessed or knew the information; 19 (h) any mediator or settlement officer, and their supporting personnel, 20 mutually agreed upon by any of the parties engaged in settlement discussions. 21 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 22 IN OTHER LITIGATION 23 If a Party is served with a subpoena or a court order issued in other litigation 24 that compels disclosure of any information or items designated in this Action as 25 “CONFIDENTIAL,” or “CONFIDENTIAL-AEO” that Party must: 26 (a) promptly notify in writing the Designating Party. Such notification 27 shall include a copy of the subpoena or court order; 28 (b) promptly notify in writing the party who caused the subpoena or order 11 Case 2:20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 12 of 17 Page ID #:506

1 to issue in the other litigation that some or all of the material covered by the 2 subpoena or order is subject to this Protective Order. Such notification shall include 3 a copy of this Stipulated Protective Order; and 4 (c) cooperate with respect to all reasonable procedures sought to be 5 pursued by the Designating Party whose Protected Material may be affected. 6 If the Designating Party timely seeks a protective order, the Party served with 7 the subpoena or court order shall not produce any information designated in this 8 action as “CONFIDENTIAL” or “CONFIDENTIAL-AEO” before a determination 9 by the court from which the subpoena or order issued, unless the Party has obtained 10 the Designating Party’s permission. The Designating Party shall bear the burden 11 and expense of seeking protection in that court of its confidential material and 12 nothing in these provisions should be construed as authorizing or encouraging a 13 Receiving Party in this Action to disobey a lawful directive from another court. 14 15 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 16 PRODUCED IN THIS LITIGATION 17 (a) The terms of this Order are applicable to information produced by a 18 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 19 produced by Non-Parties in connection with this litigation is protected by the 20 remedies and relief provided by this Order. Nothing in these provisions should be 21 construed as prohibiting a Non-Party from seeking additional protections. 22 (b) In the event that a Party is required, by a valid discovery request, to 23 produce a Non-Party’s confidential information in its possession, and the Party is 24 subject to an agreement with the Non-Party not to produce the Non-Party’s 25 confidential information, then the Party shall: 26 (1) promptly notify in writing the Requesting Party and the Non-Party 27 that some or all of the information requested is subject to a confidentiality 28 agreement with a Non-Party; 12 Case 2:20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 13 of 17 Page ID #:507

1 2 (2) promptly provide the Non-Party with a copy of the Stipulated 3 Protective Order in this Action, the relevant discovery request(s), and a reasonably 4 specific description of the information requested; and 5 (3) make the information requested available for inspection by the 6 Non-Party, if requested. 7 (c) If the Non-Party fails to seek a protective order from this court within 8 14 days of receiving the notice and accompanying information, the Receiving Party 9 may produce the Non-Party’s confidential information responsive to the discovery 10 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 11 not produce any information in its possession or control that is subject to the 12 confidentiality agreement with the Non-Party before a determination by the court. 13 Absent a court order to the contrary, the Non-Party shall bear the burden and 14 expense of seeking protection in this court of its Protected Material. 15 16 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 17 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 18 Protected Material to any person or in any circumstance not authorized under this 19 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 20 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 21 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 22 persons to whom unauthorized disclosures were made of all the terms of this Order, 23 and (d) request such person or persons to execute the “Acknowledgment and 24 Agreement to Be Bound” that is attached hereto as Exhibit A. 25 26 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 27 PROTECTED MATERIAL 28 When a Producing Party gives notice to Receiving Parties that certain 13 Case 2:20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 14 of 17 Page ID #:508

1 inadvertently produced material is subject to a claim of privilege or other protection, 2 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 3 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 4 procedure may be established in an e-discovery order that provides for production 5 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 6 (e), insofar as the parties reach an agreement on the effect of disclosure of a 7 communication or information covered by the attorney-client privilege or work 8 product protection, the parties may incorporate their agreement in the stipulated 9 protective order submitted to the court. 10 11 12. MISCELLANEOUS 12 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 13 person to seek its modification by the Court in the future. 14 12.2 Right to Assert Other Objections. By stipulating to the entry of this 15 Protective Order, no Party waives any right it otherwise would have to object to 16 disclosing or producing any information or item on any ground not addressed in this 17 Stipulated Protective Order. Similarly, no Party waives any right to object on any 18 ground to use in evidence of any of the material covered by this Protective Order. 19 12.3 Filing Protected Material. A Party that seeks to file under seal any 20 Protected Material must comply with Local Civil Rule 79-5. Protected Material 21 may only be filed under seal pursuant to a court order authorizing the sealing of the 22 specific Protected Material at issue. If a Party’s request to file Protected Material 23 under seal is denied by the court, then the Receiving Party may file the information 24 in the public record unless otherwise instructed by the court. 25 26 13. FINAL DISPOSITION 27 After the final disposition of this Action, as defined in paragraph 4, within 60 28 days of a written request by the Designating Party, each Receiving Party must return 14 Case 2:20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 15 of 17 Page ID #:509

1 all Protected Material to the Producing Party or destroy such material. As used in 2 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 3 summaries, and any other format reproducing or capturing any of the Protected 4 Material. Whether the Protected Material is returned or destroyed, the Receiving 5 Party must submit a written certification to the Producing Party (and, if not the same 6 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 7 (by category, where appropriate) all the Protected Material that was returned or 8 destroyed and (2) affirms that the Receiving Party has not retained any copies, 9 abstracts, compilations, summaries or any other format reproducing or capturing any 10 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 11 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 12 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 13 reports, attorney work product, and consultant and expert work product, even if such 14 materials contain Protected Material. Any such archival copies that contain or 15 constitute Protected Material remain subject to this Protective Order as set forth in 16 Section 4 (DURATION). 17 18 14. VIOLATION 19 Any violation of this Order may be punished by appropriate measures including, 20 without limitation, contempt proceedings and/or monetary sanctions. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 15 Case 2;20-cv-01670-AB-RAO Document 73 Filed 04/13/22 Page 16o0f17 Page ID #:510

1 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 3 D ATED April 1 1, 2022 5 || /s/ Jamie Fountain Brent H. Blakely 6 || Jamie Fountain BLAKELY LAW GROUP 7 || Attorneys for Plaintiff 9 || DATED: April 7, 2022 10 11 Bryan C. Al 12 || Christopher Urn Andrew Jung 13 || Attorneys for Defendant 14 15 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 16 17 DATED:__ April 13, 2022 18 » | Replis a, 20 |) HON. ROZELLA A. OLIVER | 51 United States Magistrate Judge 22 23 24 25 26 27 28 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 6 perjury that I have read in its entirety and understand the Stipulated Protective Order 7 that was issued by the United States District Court for the Central District of 8 California on [date]________________ in the case of PRL USA Holdings, Inc. v. 9 Designerbrandsforless, Inc.; et al., C.D. Cal. 2:20-cv-01670-AB-RAO. I agree to 10 comply with and to be bound by all the terms of this Stipulated Protective Order and 11 I understand and acknowledge that failure to so comply could expose me to 12 sanctions and punishment in the nature of contempt. I solemnly promise that I will 13 not disclose in any manner any information or item that is subject to this Stipulated 14 Protective Order to any person or entity except in strict compliance with the 15 provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court for the 17 Central District of California for enforcing the terms of this Stipulated Protective 18 Order, even if such enforcement proceedings occur after termination of this action. 19 I hereby appoint __________________________ [print or type full name] of 20 _______________________________________ [print or type full address and 21 telephone number] as my California agent for service of process in connection with 22 this action or any proceedings related to enforcement of this Stipulated Protective 23 Order. 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 Printed name: _______________________________ 27 28 Signature: __________________________________ 17