Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 1 of 18 Page ID #:163

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7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

11 CARINA ALFARO, individually, and Case No. 2:21-cv-08920-AB-GJS on behalf of all others similarly 12 situated, STIPULATED PROTECTIVE 13 Plaintiff, ORDER1

14 v. Honorable André Birotte Jr., Presiding Judge 15 FLYING FOOD GROUP, LLC, a limited liability company; and DOES Honorable Gail J. Standish, 16 1 through 10, inclusive, Magistrate Judge

17 Action Filed: Oct. 6, 2021 Defendants. 18 Removed to USDC: Nov. 12, 2021 Trial Date: Sept. 19, 2023 19 20

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27 1 This Stipulated Protective Order is substantially based on the model protective order 28 provided under Magistrate Judge Gail J. Standish’s Procedures. 1020.058\2022-05-16 Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 2 of 18 Page ID #:164

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 disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order does 7 not confer blanket protections on all disclosures or responses to discovery and that 8 the protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to confidential treatment under the applicable 10 legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, employee information, financial 13 information, and other valuable research, development, commercial, financial, 14 technical and/or proprietary information for which special protection from public 15 disclosure and from use for any purpose other than prosecution of this action is 16 warranted. Such confidential and proprietary materials and information consist of, 17 among other things, private employment information, confidential business or 18 financial information, information regarding confidential business practices, or other 19 confidential research, development, or commercial information (including 20 information implicating privacy rights of third parties), information otherwise 21 generally unavailable to the public, or which may be privileged or otherwise protected 22 from disclosure under state or federal statutes, court rules, case decisions, or common 23 law. Accordingly, to expedite the flow of information, to facilitate the prompt 24 resolution of disputes over confidentiality of discovery materials, to adequately 25 protect information the parties are entitled to keep confidential, to ensure that the 26 parties are permitted reasonable necessary uses of such material in preparation for and 27 in the conduct of trial, to address their handling at the end of the litigation, and serve 28 1020.058\2022-05-16 -2- Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 3 of 18 Page ID #:165

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

(9th Cir. 2006), Phillips v. Gen. Motors 16 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 17

(E.D. Wis. 1999) (even stipulated protective orders require good 18 cause showing), and a specific showing of good cause or compelling reasons with 19 proper evidentiary support and legal justification, must be made with respect to 20 Protected Material that a party seeks to file under seal. The parties’ mere designation 21 of Disclosure or Discovery Material as “CONFIDENTIAL” or “HIGHLY 22 CONFIDENTIAL – Attorneys’ Eyes Only” does not—without the submission of 23 competent evidence by declaration, establishing that the material sought to be filed 24 under seal qualifies as confidential, privileged, or otherwise protectable—constitute 25 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 relief 28 1020.058\2022-05-16 -3- Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 4 of 18 Page ID #:166

1 sought shall be narrowly tailored to serve the specific interest to be protected. See 2 Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For each 3 item or type of information, document, or thing sought to be filed or introduced under 4 seal in connection with a dispositive motion or trial, the party seeking protection must 5 articulate compelling reasons, supported by specific facts and legal justification, for 6 the requested sealing order. Again, competent evidence supporting the application to 7 file documents under seal must be provided by declaration. 8 Any document that is not confidential, privileged, or otherwise protectable in 9 its entirety will not be filed under seal if the confidential portions can be redacted. If 10 documents can be redacted, then a redacted version for public viewing, omitting only 11 the confidential, privileged, or otherwise protectable portions of the document, shall 12 be filed. Any application that seeks to file documents under seal in their entirety 13 should include an explanation of why redaction is not feasible. 14 2. DEFINITIONS 15 2.1 Action: This pending federal lawsuit. 16 2.2 Challenging Party: A Party or Non-Party that challenges the designation 17 of information or items under this Order. 18 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of 19 how it is generated, stored or maintained) or tangible things that qualify for protection 20 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 21 Cause Statement. 22 2.4 “HIGHLY CONFIDENTIAL” – Attorneys’ Eyes Only” Information or 23 Items: Extremely sensitive “Confidential Information or Items” whose disclosure to 24 another Party or nonparty would create a substantial risk of serious injury that could 25 not be avoided by less restrictive means. 26 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their 27 support staff). 28 1020.058\2022-05-16 -4- Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 5 of 18 Page ID #:167

1 2.6 Designating Party: A Party or Non-Party that designates information or 2 items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only.” 4 2.7 Disclosure or Discovery Material: All items or information, regardless 5 of the medium or manner in which it is generated, stored, or maintained (including, 6 among other things, testimony, transcripts, and tangible things), that are produced or 7 generated in disclosures or responses to discovery in this matter. 8 2.8 Expert: A person with specialized knowledge or experience in a matter 9 pertinent to the litigation who has been retained by a Party or its counsel to serve as 10 an expert witness or as a consultant in this Action. This definition includes a 11 professional jury or trial consultant retained in connection with this litigation. 12 2.9 House Counsel: Attorneys who are employees of a party to this Action. 13 House Counsel does not include Outside Counsel of Record or any other outside 14 counsel. 15 2.10 Non-Party: Any natural person, partnership, corporation, association or 16 other legal entity not named as a Party to this action. 17 2.11 Outside Counsel of Record: Attorneys who are not employees of a party 18 to this Action but are retained to represent or advise a party to this Action and have 19 appeared in this Action on behalf of that party or are affiliated with a law firm that 20 has appeared on behalf of that party, and includes support staff. 21 2.12 Party: Any party to this Action, including all of its officers, directors, 22 employees, consultants, retained experts, and Outside Counsel of Record (and their 23 support staffs). 24 2.13 Producing Party: A Party or Non-Party that produces Disclosure or 25 Discovery Material in this Action. 26 2.14 Professional Vendors: Persons or entities that provide litigation support 27 services (e.g., photocopying, videotaping, translating, preparing exhibits or 28 1020.058\2022-05-16 -5- Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 6 of 18 Page ID #:168

1 demonstrations, and organizing, storing, or retrieving data in any form or medium) 2 and their employees and subcontractors. 3 2.15 Protected Material: Any Disclosure or Discovery Material that is 4 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Attorneys’ 5 Eyes Only.” 6 2.16 Receiving Party: A Party that receives Disclosure or Discovery Material 7 from a Producing Party. 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 extracted 11 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 12 Protected Material; and (3) any testimony, conversations, or presentations by Parties 13 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 4. DURATION 17 FINAL DISPOSITION of the action is defined as the conclusion of any 18 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 19 has run. Except as set forth below, the terms of this protective order apply through 20 FINAL DISPOSITION of the action. The parties may stipulate that the they will be 21 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 22 but will have to file a separate action for enforcement of the agreement once all 23 proceedings in this case are complete. 24 Once a case proceeds to trial, information that was designated as 25 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 26 as an exhibit at trial becomes public and will be presumptively available to all 27 members of the public, including the press, unless compelling reasons supported by 28 1020.058\2022-05-16 -6- Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 7 of 18 Page ID #:169

1 specific factual findings to proceed otherwise are made to the trial judge in advance 2 of the trial. See Kamakana,

(distinguishing “good cause” 3 showing for sealing documents produced in discovery from “compelling reasons” 4 standard when merits-related documents are part of court record). Accordingly, for 5 such materials, the terms of this protective order do not extend beyond the 6 commencement of the trial. 7 5. DESIGNATING PROTECTED MATERIAL 8 5.1 Exercise of Restraint and Care in Designating Material for Protection. 9 Each Party or Non-Party that designates information or items for protection under this 10 Order must take care to limit any such designation to specific material that qualifies 11 under the appropriate standards. The Designating Party must designate for protection 12 only those parts of material, documents, items or oral or written communications that 13 qualify so that other portions of the material, documents, items or communications 14 for which protection is not warranted are not swept unjustifiably within the ambit of 15 this Order. 16 Mass, indiscriminate or routinized designations are prohibited. Designations 17 that are shown to be clearly unjustified or that have been made for an improper 18 purpose (e.g., to unnecessarily encumber the case development process or to impose 19 unnecessary expenses and burdens on other parties) may expose the Designating Party 20 to sanctions. 21 If it comes to a Designating Party’s attention that information or items that it 22 designated for protection do not qualify for protection, that Designating Party must 23 promptly notify all other Parties that it is withdrawing the inapplicable 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 28 1020.058\2022-05-16 -7- Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 8 of 18 Page ID #:170

1 under this Order must be clearly so designated before the material is disclosed or 2 produced. 3 Designation in conformity with this Order requires: 4 (a) for information in documentary form (e.g., paper or electronic 5 documents, but excluding transcripts of depositions or other pretrial or trial 6 proceedings), that the Producing Party affix at a minimum, the legend 7 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only”, to 8 each page that contains protected material. If only a portion of the material on a page 9 qualifies for protection, the Producing Party also must clearly identify the protected 10 portion(s) (e.g., by making appropriate markings in the margins). 11 A Party or Non-Party that makes original documents available for inspection 12 need not designate them for protection until after the inspecting Party has indicated 13 which documents it would like copied and produced. During the inspection and 14 before the designation, all of the material made available for inspection shall be 15 deemed “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only.” After the inspecting 16 Party has identified the documents it wants copied and produced, the Producing Party 17 must determine which documents, or portions thereof, qualify for protection under 18 this Order. Then, before producing the specified documents, the Producing Party 19 must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY 20 CONFIDENTIAL – Attorneys’ Eyes Only”) to each page that contains Protected 21 Material. If only a portion of the material on a page qualifies for protection, the 22 Producing Party also must clearly identify the protected portion(s) (e.g., by making 23 appropriate markings in the margins). 24 (a) (b) for testimony given in depositions that the Designating 25 Party identifies the Disclosure or Discovery Material on the record, before the close 26 of the deposition all protected testimony and further specify any portions of the 27 testimony that qualify as “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only.” 28 1020.058\2022-05-16 -8- Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 9 of 18 Page ID #:171

1 When it is impractical to identify separately each portion of testimony that is entitled 2 to protection, and when it appears that substantial portions of the testimony may 3 qualify for protection, the Party or non-party that sponsors, offers, or gives the 4 testimony may invoke on the record (before the deposition is concluded) a right to 5 have up to 20 days to identify the specific portions of the testimony as to which 6 protection is sought and to specify the level of protection being asserted 7 (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only”). 8 Only those portions of the testimony that are appropriately designated for protection 9 within the 20 days shall be covered by the provisions of this Stipulated protective 10 Order. 11 Transcript pages containing Protected Material must be separately bound by 12 the court reporter, who must affix to the top of each such page the legend 13 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only,” as 14 instructed by the Party or non-party offering or sponsoring the witness or presenting 15 the testimony. 16 (c) for information produced in some form other than documentary and for 17 any other tangible items, that the Producing Party affix in a prominent place on the 18 exterior of the container or containers in which the information is stored the legend 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only.” If 20 only a portion or portions of the information warrants protection, the Producing Party, 21 to the extent 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 the 24 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 1020.058\2022-05-16 -9- Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 10 of 18 Page ID #:172

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 purpose 9 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 10 expose the Challenging Party to sanctions. Unless the Designating Party has waived 11 or withdrawn the confidentiality designation, all parties shall continue to afford the 12 material in question the level of protection to which it is entitled under the Producing 13 Party’s designation until the Court rules on the challenge. 14 7. ACCESS TO AND USE OF PROTECTED MATERIAL 15 7.1 Basic Principles. A Receiving Party may use Protected Material that is 16 disclosed or produced by another Party or by a Non-Party in connection with this 17 Action only for prosecuting, defending or attempting to settle this Action. Such 18 Protected Material may be disclosed only to the categories of persons and under the 19 conditions described in this Order. When the Action has been terminated, a Receiving 20 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 21 Protected Material must be stored and maintained by a Receiving Party at a 22 location and in a secure manner that ensures that access is limited to the persons 23 authorized under this Order. 24 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 25 otherwise ordered by the court or permitted in writing by the Designating Party, a 26 Receiving Party may disclose any information or item designated 27 “CONFIDENTIAL” only to: 28 1020.058\2022-05-16 -10- Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 11 of 18 Page ID #:173

1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 2 as employees of said Outside Counsel of Record to whom it is reasonably necessary 3 to disclose the information for this Action; 4 (b) the officers, directors, and employees (including House Counsel) of the 5 Receiving Party to whom disclosure is reasonably necessary for this Action; 6 (c) Experts (as defined in this Order) of the Receiving Party to whom 7 disclosure is reasonably necessary for this Action and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (d) the court and its personnel; 10 (e) court reporters and their staff; 11 (f) professional jury or trial consultants, mock jurors, and Professional 12 Vendors to whom disclosure is reasonably necessary for this Action and who have 13 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (g) the author or recipient of a document containing the information or a 15 custodian or other person who otherwise possessed or knew the information; 16 (h) during their depositions, witnesses, and attorneys for witnesses, in the 17 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 18 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 19 not be permitted to keep any confidential information unless they sign the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 21 agreed by the Designating Party or ordered by the court. Pages of transcribed 22 deposition testimony or exhibits to depositions that reveal Protected Material may be 23 separately bound by the court reporter and may not be disclosed to anyone except as 24 permitted under this Stipulated Protective Order; and 25 (i) any mediator or settlement officer, and their supporting personnel, 26 mutually agreed upon by any of the parties engaged in settlement discussions. 27 28 1020.058\2022-05-16 -11- Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 12 of 18 Page ID #:174

1 7.3 Disclosure of “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only” 2 Information or Items. Unless otherwise ordered by the Court or permitted in writing 3 by the Designating Party, a Receiving Party may disclose any information or item 4 designated “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only” only to: 5 (a) The Receiving Party’s Outside Counsel of Record in this Action, as well 6 as attorneys, staff and employees of said Outside Counsel of Record’s firm to whom 7 it is reasonably necessary to disclose the information for this Action and who have 8 signed the “Agreement to Be Bound By Protective Order” that is attached hereto as 9 Exhibit A; 10 (b) Experts (as defined in this Order) of the Receiving Party to whom 11 disclosure is reasonably necessary for this Action and who have signed the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (c) The Court and its personnel; 14 (d) Court reporters and their staff, and professional vendors to whom 15 disclosure is reasonable necessary for this litigation and who have signed the 16 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 (e) 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 (f) An officer, director or employee of the Designating Party. 20 (g) Any mediator or settlement officer, and their supporting personnel, 21 mutually agreed upon by any of the parties engaged in settlement discussions. 22 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 23 OTHER LITIGATION 24 If a Party is served with a subpoena or a court order issued in other litigation 25 that compels disclosure of any information or items designated in this Action as 26 “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only,” that 27 Party must: 28 1020.058\2022-05-16 -12- Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 13 of 18 Page ID #:175

1 (a) promptly notify in writing the Designating Party. Such notification shall 2 include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order 4 to issue in the other litigation that some or all of the material covered by the subpoena 5 or order is subject to this Protective Order. Such notification shall include a copy of 6 this Stipulated Protective Order; and 7 (c) cooperate with respect to all reasonable procedures sought to be pursued 8 by the Designating Party whose Protected Material may be affected. 9 If the Designating Party timely seeks a protective order, the Party served with 10 the subpoena or court order shall not produce any information designated in this action 11 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Attorneys’ Eyes Only” 12 before a determination by the court from which the subpoena or order issued, unless 13 the Party has obtained the Designating Party’s permission. The Designating Party 14 shall bear the burden and expense of seeking protection in that court of its confidential 15 material and nothing in these provisions should be construed as authorizing or 16 encouraging a Receiving Party in this Action to disobey a lawful directive from 17 another court. 18 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 19 PRODUCED IN THIS LITIGATION 20 (a) The terms of this Order are applicable to information produced by a 21 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 22 produced by Non-Parties in connection with this litigation is protected by the 23 remedies and relief provided by this Order. Nothing in these provisions should be 24 construed as prohibiting a Non-Party from seeking additional protections. 25 (b) In the event that a Party is required, by a valid discovery request, to 26 produce a Non-Party’s confidential information in its possession, and the Party is 27 28 1020.058\2022-05-16 -13- Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 14 of 18 Page ID #:176

1 subject to an agreement with the Non-Party not to produce the Non-Party’s 2 confidential information, then the Party shall: 3 (1) promptly notify in writing the Requesting Party and the Non-Party 4 that some or all of the information requested is subject to a confidentiality agreement 5 with a Non-Party; 6 (2) promptly provide the Non-Party with a copy of the Stipulated 7 Protective Order in this Action, the relevant discovery request(s), and a reasonably 8 specific description of the information requested; and 9 (3) make the information requested available for inspection by the Non- 10 Party, if requested. 11 (c) If the Non-Party fails to seek a protective order from this court within 12 14 days of receiving the notice and accompanying information, the Receiving Party 13 may produce the Non-Party’s confidential information responsive to the discovery 14 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 15 not produce any information in its possession or control that is subject to the 16 confidentiality agreement with the Non-Party before a determination by the court. 17 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 18 of seeking protection in this court of its Protected Material. 19 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 20 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 21 Protected Material to any person or in any circumstance not authorized under this 22 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 23 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 24 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 25 persons to whom unauthorized disclosures were made of all the terms of this Order, 26 and (d) request such person or persons to execute the “Acknowledgment and 27 Agreement to Be Bound” that is attached hereto as Exhibit A. 28 1020.058\2022-05-16 -14- Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 15 of 18 Page ID #:177

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 12. MISCELLANEOUS 14 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 15 person to seek its modification by the Court in the future. 16 12.2 Right to Assert Other Objections. By stipulating to the entry of this 17 Protective Order, no Party waives any right it otherwise would have to object to 18 disclosing or producing any information or item on any ground not addressed in this 19 Stipulated Protective Order. Similarly, no Party waives any right to object on any 20 ground to use in evidence of any of the material covered by this Protective Order. 21 12.3 Filing Protected Material. A Party that seeks to file under seal any 22 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 23 only be filed under seal pursuant to a court order authorizing the sealing of the specific 24 Protected Material at issue. If a Party’s request to file Protected Material under seal 25 is denied by the court, then the Receiving Party may file the information in the public 26 record unless otherwise instructed by the court. 27 28 1020.058\2022-05-16 -15- Case 2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page 16 of 18 Page ID #:178

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 8 Party must submit a written certification to the Producing Party (and, if not the same 9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 10 (by category, where appropriate) all the Protected Material that was returned or 11 destroyed and (2) affirms that the Receiving Party has not retained any copies, 12 abstracts, compilations, summaries or any other format reproducing or capturing any 13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 14 retain an 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 22 23 24 25 26 27 28 1020.058\2022-05-16 -16- Case |2:21-cv-08920-AB-GJS Document 24 Filed 05/18/22 Page17o0f18 Page ID#:179

1 || 14. VIOLATION 2 || Any violation of this Order may be punished by appropriate measures including, 3 || without limitation, contempt proceedings and/or monetary sanctions. 4 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 || DATED: _May 16, 2022 8 || /s/Roy K. Suh 9 Attorneys for Plaintiff 10 11 |} DATED: _May 16, 2022 12 13. || 4s/ John A. Conkle 14 Attorneys for Defendant 15 || Pursuant to Civil L.R. 5-4.3.4(a)(2)(1), the filer attests that all other signatories listed, and on whose behalf this filing is submitted, concur in the filing’s content and have 16 || authorized the filing. 17 18 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19 20 || DATED: May 18, 2022 21 22 23 24 |] United States Magistrate Tudge 25 26 27 28 1020.058\2022-05-16 -17-

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 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 ___________ [insert formal name of the case and the number 9 and initials assigned to it by the court]. 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 13 information or item that is subject to this Stipulated Protective Order to any person or 14 entity except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. I 18 hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 Signature: __________________________________ 27 28 1020.058\2022-05-16 -18-