Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 1 of 17 Page ID #:208

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 8 SOUTHERN DIVISION 9 10 JOE FEEHAN, LUNA AZIZ, and Case No. 8-21-cv-01451-FWS-KES LEGENDAIRY MILK LLC, 11 Plaintiffs, STIPULATED PROTECTIVE 12 ORDER v. 13 KRYSTAL DUHANEY and MILKY 14 MAMA LLC, 15 Defendants. 16 17 18 1. A. PURPOSES AND LIMITATIONS1 19 20 Discovery in this action is likely to involve production of confidential, 21 proprietary, or private information for which special protection from public disclosure 22 and from use for any purpose other than prosecuting this litigation may be warranted. 23 Accordingly, the parties hereby stipulate to and petition the Court to enter the 24 25 1 This Stipulated Protective Order is virtually identical in substance to Hon. Karen E. Scott’s Standard Form Protective Order, with the following exceptions: (1) it adds 26 provisions applicable to the designation of “Highly Confidential” materials; and (2) it provides that documents produced with confidentiality designations in the 27 predecessor Texas action between the parties shall receive the corresponding protection under this Stipulated Protective Order. 28 1 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 2 of 17 Page ID #:209

1 following Stipulated Protective Order. The parties acknowledge that this Order does 2 not confer blanket protections on all disclosures or responses to discovery and that 3 the protection it affords from public disclosure and use extends only to the limited 4 information or items that are entitled to confidential treatment under the applicable 5 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 6 that this Stipulated Protective Order does not entitle them to file confidential 7 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 8 followed and the standards that will be applied when a party seeks permission from 9 the court to file material under seal. 10 11 B. GOOD CAUSE STATEMENT 12 13 This action is likely to involve trade secrets, customer and pricing lists and 14 other valuable research, development, commercial, financial, technical and/or 15 proprietary information for which special protection from public disclosure and from 16 use for any purpose other than prosecution of this action is warranted. Such 17 confidential and proprietary materials and information consist of, among other things, 18 confidential business or financial information, information regarding confidential 19 business practices, or other confidential research, development, or commercial 20 information (including information implicating privacy rights of third parties), 21 information otherwise generally unavailable to the public, or which may be privileged 22 or otherwise protected from disclosure under state or federal statutes, court rules, case 23 decisions, or common law. Accordingly, to expedite the flow of information, to 24 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 25 to adequately protect information the parties are entitled to keep confidential, to 26 ensure that the parties are permitted reasonable necessary uses of such material in 27 preparation for and in the conduct of trial, to address their handling at the end of the 28 2 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 3 of 17 Page ID #:210

1 litigation, and serve the ends of justice, a protective order for such information is 2 justified in this matter. It is the intent of the parties that information will not be 3 designated as confidential for tactical reasons and that nothing be so designated 4 without a good faith belief that it has been maintained in a confidential, non-public 5 manner, and there is good cause why it should not be part of the public record of this 6 case. 7 8 2. DEFINITIONS 9 2.1 Action: this pending federal lawsuit. 10 2.2 Challenging Party: a Party or Non-Party that challenges the designation 11 of information or items under this Order. 12 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 13 how it is generated, stored or maintained) or tangible things that qualify for protection 14 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 15 Cause Statement. 16 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 17 Information or Items: extremely sensitive “CONFIDENTIAL” Information or Items, 18 disclosure of which to another Party or Non-Party would create a substantial risk of 19 serious harm to a Party’s business, competitive, financial, privacy, or safety interests 20 that could not be avoided by less restrictive means. 21 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their 22 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 26 ONLY.” 27 28 3 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 4 of 17 Page ID #:211

1 2.7 Disclosure or Discovery Material: all items or information, regardless of 2 the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced or 4 generated in disclosures or responses to discovery in this matter. 5 2.8 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 an expert witness or as a consultant in this Action. 8 2.9 House Counsel: attorneys who are employees of a party to this Action. 9 House Counsel does not include Outside Counsel of Record or any other outside 10 counsel. 11 2.10 Non-Party: any natural person, partnership, corporation, association, or 12 other legal entity not named as a Party to this action. 13 2.11 Outside Counsel of Record: attorneys who are not employees of a party 14 to this Action but are retained to represent or advise a party to this Action and have 15 appeared in this Action on behalf of that party or are affiliated with a law firm that 16 has appeared on behalf of that party, and includes support staff. 17 2.12 Party: any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 2.14 Professional Vendors: persons or entities that provide litigation support 23 services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 and their employees and subcontractors. 26 2.15 Protected Material: any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 28 4 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 5 of 17 Page ID #:212

1 EYES ONLY.” 2 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 3 from a Producing Party. 4 2.17 Texas Action: The lawsuit styled as Joe Feehan, Luna Aziz, and 5 Legendairy Milk, LLC v. Jane Doe a.k.a. “Denise Schwartz,” Krystal Rhoden, a.k.a. 6 Krystal Duhaney, and Milky Mama, LLC, Case No. 1-CV-1169-RP, previously 7 pending in the United States District Court for the Western District of Texas, Austin 8 Division. 9 2.18 Texas Protective Order: The Confidentiality and Protective Order 10 entered by the Court in the Texas Action on April 8, 2020. 11 12 3. SCOPE 13 The protections conferred by this Stipulation and Order cover not only 14 Protected Material (as defined above), but also (1) any information copied or extracted 15 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 16 Protected Material; and (3) any testimony, conversations, or presentations by Parties 17 or their Counsel that might reveal Protected Material. 18 Any use of Protected Material at trial shall be governed by the orders of the 19 trial judge. This Order does not govern the use of Protected Material at trial. 20 21 4. DURATION 22 Once a case proceeds to trial, all of the information that was designated as 23 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 24 ONLY” or maintained pursuant to this protective order used or introduced as an 25 exhibit at trial becomes public and will be presumptively available to all members of 26 the public, including the press, unless compelling reasons supported by specific 27 factual findings to proceed otherwise are made to the trial judge in advance of the 28 5 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 6 of 17 Page ID #:213

1 trial. See Kamakana v. City and County of Honolulu,

(9th 2 Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in 3 discovery from “compelling reasons” standard when merits-related documents are 4 part of court record). With regard to information not used or introduced as an exhibit 5 at trial, even after final disposition of this litigation, the confidentiality obligations 6 imposed by this Order shall remain in effect until a Designating Party agrees 7 otherwise in writing or a court order otherwise directs. Final disposition shall be 8 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 9 or without prejudice; and (2) final judgment herein after the completion and 10 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 11 including the time limits for filing any motions or applications for extension of time 12 pursuant to applicable law. 13 14 5. DESIGNATING PROTECTED MATERIAL 15 5.1 Exercise of Restraint and Care in Designating Material for Protection. 16 Each Party or Non-Party that designates information or items for protection under this 17 Order must take care to limit any such designation to specific material that qualifies 18 under the appropriate standards. The Designating Party must designate for protection 19 only those parts of material, documents, items, or oral or written communications that 20 qualify so that other portions of the material, documents, items, or communications 21 for which protection is not warranted are not swept unjustifiably within the ambit of 22 this Order. 23 Mass, indiscriminate, or routinized designations are prohibited. Designations 24 that are shown to be clearly unjustified or that have been made for an improper 25 purpose (e.g., to unnecessarily encumber the case development process or to impose 26 unnecessary expenses and burdens on other parties) may expose the Designating Party 27 to sanctions. 28 6 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 7 of 17 Page ID #:214

1 If it comes to a Designating Party’s attention that information or items that it 2 designated for protection do not qualify for protection, that Designating Party must 3 promptly notify all other Parties that it is withdrawing the inapplicable designation. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in 5 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 6 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 7 under this Order must be clearly so designated before the material is disclosed or 8 produced. 9 Designation in conformity with this Order requires: 10 (a) for information in documentary form (e.g., paper or electronic 11 documents, but excluding transcripts of depositions or other pretrial or trial 12 proceedings), that the Producing Party affix at a minimum, the legend 13 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 14 ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains 15 protected material. If only a portion or portions of the material on a page qualifies for 16 protection, the Producing Party also must clearly identify the protected portion(s) 17 (e.g., by making appropriate markings in the margins). 18 A Party or Non-Party that makes original documents available for inspection 19 need not designate them for protection until after the inspecting Party has indicated 20 which documents it would like copied and produced. During the inspection and before 21 the designation, all of the material made available for inspection shall be deemed 22 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting 23 Party has identified the documents it wants copied and produced, the Producing Party 24 must determine which documents, or portions thereof, qualify for protection under 25 this Order. Then, before producing the specified documents, the Producing Party must 26 affix the “CONFIDENTIAL legend” to each page that contains Protected Material. If 27 only a portion or portions of the material on a page qualifies for protection, the 28 7 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 8 of 17 Page ID #:215

1 Producing Party also must clearly identify the protected portion(s) (e.g., by making 2 appropriate markings in the margins). 3 (b) for testimony given in depositions that the Designating Party identifies 4 the Disclosure or Discovery Material on the record, before the close of the deposition 5 all protected testimony. 6 (c) for information produced in some form other than documentary and for 7 any other tangible items, that the Producing Party affix in a prominent place on the 8 exterior of the container or containers in which the information is stored the legend 9 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 10 ONLY.” If only a portion or portions of the information warrants protection, the 11 Producing Party, to the extent practicable, shall identify the protected portion(s). 12 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 13 failure to designate qualified information or items does not, standing alone, waive the 14 Designating Party’s right to secure protection under this Order for such material. 15 Upon timely correction of a designation, the Receiving Party must make reasonable 16 efforts to assure that the material is treated in accordance with the provisions of this 17 Order. 18 5.4 Documents Produced with Confidentiality Designations in the Texas 19 Action. All documents produced in the Texas Action shall be deemed as produced in 20 this Action. Documents produced in the Texas Action with confidentiality 21 designations pursuant to the Texas Protective Order shall receive the corresponding 22 protection under this Stipulated Protective Order. 23 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 26 designation of confidentiality at any time that is consistent with the Court’s 27 Scheduling Order. 28 8 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 9 of 17 Page ID #:216

1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 2 resolution process under Local Rule 37.1 et seq. or follow the procedures for informal, 3 telephonic discovery hearings on the Court's website. 4 6.3 The burden of persuasion in any such challenge proceeding shall be on 5 the Designating Party. Frivolous challenges, and those made for an improper purpose 6 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 7 expose the Challenging Party to sanctions. Unless the Designating Party has waived 8 or withdrawn the confidentiality designation, all parties shall continue to afford the 9 material in question the level of protection to which it is entitled under the Producing 10 Party’s designation until the Court rules on the 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 Receiving 17 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 18 Protected Material must be stored and maintained by a Receiving Party at a 19 location and in a secure manner that ensures that access is limited to the persons 20 authorized under this Order. 21 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 22 otherwise ordered by the court or permitted in writing by the Designating Party, a 23 Receiving Party may disclose any information or item designated 24 “CONFIDENTIAL” only to: 25 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 26 as employees of said Outside Counsel of Record to whom it is reasonably necessary 27 to disclose the information for this Action; 28 9 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 10 of 17 Page ID #:217

1 (b) the officers, directors, and employees (including House Counsel) of the 2 Receiving Party to whom disclosure is reasonably necessary for this Action; 3 (c) Experts (as defined in this Order) of the Receiving Party to whom 4 disclosure is reasonably necessary for this Action and who have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (d) the court and its personnel; 7 (e) court reporters and their staff; 8 (f) professional jury or trial consultants, mock jurors, and Professional 9 Vendors to whom disclosure is reasonably necessary for this Action and who have 10 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (g) the author or recipient of a document containing the information or a 12 custodian or other person who otherwise possessed or knew the information; 13 (h) during their depositions, witnesses, and attorneys for witnesses, in the 14 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 15 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 16 not be permitted to keep any confidential information unless they sign the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 18 agreed by the Designating Party or ordered by the court. Pages of transcribed 19 deposition testimony or exhibits to depositions that reveal Protected Material may be 20 separately bound by the court reporter and may not be disclosed to anyone except as 21 permitted under this Stipulated Protective Order; and 22 (i) any mediator or settlement officer, and their supporting personnel, 23 mutually agreed upon by any of the parties engaged in settlement discussions. 24 7.3. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS EYES 25 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 26 writing by the Designating Party, a Receiving Party may disclose any information or 27 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS EYES ONLY” only 28 10 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 11 of 17 Page ID #:218

1 to: 2 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 3 as employees of said Outside Counsel of Record to whom it is reasonably necessary 4 to disclose the information for this Action; 5 (b) Experts (as defined in this Order) of the Receiving Party to whom 6 disclosure is reasonably necessary for this Action and who have signed the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (c) the court and its personnel; 9 (d) court reporters and their staff; 10 (e) professional jury or trial consultants, mock jurors, and Professional 11 Vendors to whom disclosure is reasonably necessary for this Action and who have 12 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (f) the author or recipient of a document containing the information or a 14 custodian or other person who otherwise possessed or knew the information; and 15 (g) any mediator or settlement officer, and their supporting personnel, 16 mutually agreed upon by any of the parties engaged in settlement discussions. 17 18 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 19 IN OTHER LITIGATION 20 If a Party is served with a subpoena or a court order issued in other litigation 21 that compels disclosure of any information or items designated in this Action as 22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 23 ONLY” that Party must: 24 (a) promptly notify in writing the Designating Party. Such notification shall 25 include a copy of the subpoena or court order; 26 (b) promptly notify in writing the party who caused the subpoena or order to 27 issue in the other litigation that some or all of the material covered by the subpoena 28 11 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 12 of 17 Page ID #:219

1 or order is subject to this Protective Order. Such notification shall include a copy of 2 this Stipulated Protective Order; and 3 (c) cooperate with respect to all reasonable procedures sought to be pursued 4 by the Designating Party whose Protected Material may be affected. 5 If the Designating Party timely seeks a protective order, the Party served with 6 the subpoena or court order shall not produce any information designated in this action 7 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 8 ONLY” before a determination by the court from which the subpoena or order issued, 9 unless the Party has obtained the Designating Party’s permission. The Designating 10 Party shall bear the burden and expense of seeking protection in that court of its 11 confidential material and nothing in these provisions should be construed as 12 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 13 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 Non- 18 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 19 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by 20 Non-Parties in connection with this litigation is protected by the remedies and relief 21 provided by this Order. Nothing in these provisions should be construed as prohibiting 22 a Non-Party from seeking additional protections. 23 (b) In the event that a Party is required, by a valid discovery request, to 24 produce a Non-Party’s confidential information in its possession, and the Party is 25 subject to an agreement with the Non-Party not to produce the Non-Party’s 26 confidential information, then the Party shall: 27 (1) promptly notify in writing the Requesting Party and the Non-Party 28 12 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 13 of 17 Page ID #:220

1 that some or all of the information requested is subject to a confidentiality agreement 2 with a Non-Party; 3 (2) promptly provide the Non-Party with a copy of the Stipulated 4 Protective Order in this Action, the relevant discovery request(s), and a reasonably 5 specific description of the information requested; and 6 (3) make the information requested available for inspection by the 7 Non-Party, if requested. 8 (c) If the Non-Party fails to seek a protective order from this court within 14 9 days of receiving the notice and accompanying information, the Receiving Party may 10 produce the Non-Party’s confidential information responsive to the discovery request. 11 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 12 any information in its possession or control that is subject to the confidentiality 13 agreement with the Non-Party before a determination by the court. Absent a court 14 order to the contrary, the Non-Party shall bear the burden and expense of seeking 15 protection in this court of its Protected Material. 16 17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 19 Protected Material to any person or in any circumstance not authorized under this 20 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 21 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 22 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 23 persons to whom unauthorized disclosures were made of all the terms of this Order, 24 and (d) request such person or persons to execute the “Acknowledgment and 25 Agreement to Be Bound” that is attached hereto as Exhibit A. 26 27 28 13 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 14 of 17 Page ID #:221

1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other protection, 5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 7 may be established in an e-discovery order that provides for production without prior 8 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 9 parties reach an agreement on the effect of disclosure of a communication or 10 information covered by the attorney-client privilege or work product protection, the 11 parties may incorporate their agreement in the stipulated protective order submitted 12 to the court. 13 14 12. MISCELLANEOUS 15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 16 person to seek its modification by the Court in the future. 17 12.2 Right to Assert Other Objections. By stipulating to the entry of this 18 Protective Order no Party waives any right it otherwise would have to object to 19 disclosing or producing any information or item on any ground not addressed in this 20 Stipulated Protective Order. Similarly, no Party waives any right to object on any 21 ground to use in evidence of any of the material covered by this Protective Order. 22 12.3 Filing Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 24 only be filed under seal pursuant to a court order authorizing the sealing of the specific 25 Protected Material at issue. If a Party's request to file Protected Material under seal is 26 denied by the court, then the Receiving Party may file the information in the public 27 record unless otherwise instructed by the court. 28 14 STIPULATED PROTECTIVE ORDER Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 15 of 17 Page ID #:222

1 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 4, within 60 3 days of a written request by the Designating Party, each Receiving Party must return 4 all Protected Material to the Producing Party or destroy such material. As used in this 5 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 6 summaries, and any other format reproducing or capturing any of the Protected 7 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 8 must submit a written certification to the Producing Party (and, if not the same person 9 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 10 category, where appropriate) all the Protected Material that was returned or destroyed 11 and (2)affirms that the Receiving Party has not retained any copies, abstracts, 12 compilations, summaries or any other format reproducing or capturing any of the 13 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 14 archival copy of all pleadings, motion papers, trial, deposition, and hearing 15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 16 reports, attorney work product, and consultant and expert work product, even if such 17 materials contain Protected Material. Any such archival copies that contain or 18 constitute Protected Material remain subject to this Protective Order as set forth in 19 Section 4 (DURATION). 20 21 14. VIOLATIONS OF ORDER 22 15. Any violation of this Order may be punished by any and all appropriate 23 measures including, without limitation, contempt proceedings and/or monetary 24 sanctions. 25 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 26 27 28 15 STIPULATED PROTECTIVE ORDER Case §/21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page16o0f17 Page ID #:223

1 Dated: May 10, 2022 VENABLE LLP By: /s/ Max N. Wellman 3 Max N. Wellman Witt W. Chang 4 Attorneys for Plaintiffs 5 Dated: May 10, 2022 PILLSBURY WINTHROP SHAW ‘ PITTMAN LLP By: /s/ Jeffrey D. Wexler 7 Jeffrey D. Wexler Ronald C. Low 8 Steven P. Tepera 9 Attorneys for Defendants

10 SIGNATURE CERTIFICATION 11 Pursuant to Local Rule 5-4.3.4(a)(2)(1), I hereby certify that Jeffrey D. 12 || Wexler, counsel for Defendants, concurs in the content of this filing and has 13 || authorized this filing. 14 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 15 16 || Dated: _ May 11, 2022 ‘non & Seat Honorable Karen E. Scott 17 United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 16 STIPULATED PROTECTIVE ORDER

Case 8:21-cv-01451-FWS-KES Document 47 Filed 05/11/22 Page 17 of 17 Page ID #:224

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 that 6 I have read in its entirety and understand the Stipulated Protective Order that was 7 issued by the United States District Court for the Central District of California on 8 __________________ [date] in the case of Joe Feehan, et al. v. Krystal Duhaney, et 9 al., Case No. 8-21-cv-01451-JVS-KEH. I agree to comply with and to be bound by 10 all the terms of this Stipulated Protective Order and I understand and acknowledge 11 that failure to so comply could expose me to sanctions and punishment in the nature 12 of contempt. I solemnly promise that I will not disclose in any manner any information 13 or item that is subject to this Stipulated Protective Order to any person or entity except 14 in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [print or 19 type full name] of _______________________________________ [print or type full 20 address and telephone number] as my California agent for service of process in 21 connection with this action or any proceedings related to enforcement of this 22 Stipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28 17 STIPULATED PROTECTIVE ORDER