Case 2:21-cv-05594-FWS-RAO Document 120 Filed 05/31/22 Page 1 of 17 Page ID #:4344

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 9 10 ARF DASHNAKTSUTYUN, WESTERN Case No. 2:21-cv-05594-FWS-RAO U.S.A., a California Mutual Benefit 11 Corporation, ARMENIAN CULTURAL STIPULATED PROTECTIVE ORDER 12 FOUNDATION, a California Nonprofit Public Benefit Corporation, 13 Assigned to Honorable Fred W. Slaughter Plaintiffs, United States District Judge 14

v. 15 Magistrate Judge ARMENIAN REVOLUTIONARY Honorable Rozella A. Oliver 16 FEDERATION WUSA, INC., a California Mutual Benefit Corporation, et al. 17 FAC Filed: September 7, 2021 Defendants. 18 Jury Trial: March 21, 2023

19 ARMENIAN REVOLUTIONARY FEDERATION WUSA, INC., a California 20 Mutual Benefit Corporation, et al. 21 Counter Claimants, 22 v. 23 ARF DASHNAKTSUTYUN, WESTERN U.S.A., a California Mutual Benefit 24 Corporation, 25 Counter Defendant.

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1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action may involve production of confidential, proprietary, or 3 private information for which special protection from public disclosure and from use for 4 any purpose other than prosecuting this litigation may be warranted. Accordingly, the 5 parties hereby stipulate to and petition the Court to enter the following Stipulated 6 Protective Order. The parties acknowledge that this Order does not confer blanket 7 protections on all disclosures or responses to discovery and that the protection it affords 8 from public disclosure and use extends only to the limited information or items that are 9 entitled to confidential treatment under the applicable legal principles. 10 11 B. GOOD CAUSE STATEMENT 12 This action may involve sensitive, confidential, and private financial and/or 13 proprietary information for which special protection from public disclosure and from 14 use for any purpose other than prosecution of this action may be warranted. Such 15 confidential and proprietary materials and information may consist of, among other 16 things, confidential business or financial information, or other information (including 17 information implicating privacy rights of third parties), information otherwise generally 18 unavailable to the public, or which may be privileged or otherwise protected from 19 disclosure under state or federal statutes, court rules, case decisions, or common law. 20 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 21 disputes over confidentiality of discovery materials, to adequately protect information 22 the parties are entitled to keep confidential, to ensure that the parties are permitted 23 reasonable necessary uses of such material in preparation for and in the conduct of trial, 24 to address their handling at the end of the litigation, and serve the ends of justice, a 25 protective order for such information is justified in this matter. It is the intent of the 26 parties that information will not be designated as confidential for tactical reasons and 27 that nothing be so designated without a good faith belief that it has been maintained in a 28 -2- MEYLAN DAVITT JAIN AREVIAN & KIM LLP STIPULATED PROTECTIVE ORDER Case 2:21-cv-05594-FWS-RAO Document 120 Filed 05/31/22 Page 3 of 17 Page ID #:4346

1 confidential, non-public manner, and there is good cause why it should not be part of the 2 public record of this case. 3 4 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 5 The parties further acknowledge, as set forth in Section 12.3, below, that this 6 Stipulated Protective Order does not entitle them to file confidential information under 7 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 8 standards that will be applied when a party seeks permission from the court to file 9 material under seal. 10 There is a strong presumption that the public has a right of access to judicial 11 proceedings and records in civil cases. In connection with non-dispositive motions, 12 good cause must be shown to support a filing under seal. See Kamakana v. City and 13 County of Honolulu,

(9th Cir. 2006); Phillips v. Gen. Motors 14 Corp.,

, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, Inc., 15

(E.D. Wis. 1999) (even stipulated protective orders require good 16 cause showing), and a specific showing of good cause or compelling reasons with 17 proper evidentiary support and legal justification, must be made with respect to 18 Protected Material that a party seeks to file under seal. The parties’ mere designation of 19 Disclosure or Discovery Material as CONFIDENTIAL does not—without the 20 submission of competent evidence by declaration, establishing that the material sought 21 to be filed under seal qualifies as confidential, privileged, or otherwise protectable— 22 constitute good cause. 23 Further, if a party requests sealing related to a dispositive motion or trial, then 24 compelling reasons, not only good cause, for the sealing must be shown, and the relief 25 sought shall be narrowly tailored to serve the specific interest to be protected. See 26 Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For each item 27 or type of information, document, or thing sought to be filed or introduced under seal in 28 connection with a dispositive motion or trial, the party seeking protection must -3- MEYLAN DAVITT JAIN AREVIAN & KIM LLP STIPULATED PROTECTIVE ORDER Case 2:21-cv-05594-FWS-RAO Document 120 Filed 05/31/22 Page 4 of 17 Page ID #:4347

1 articulate compelling reasons, supported by specific facts and legal justification, for the 2 requested sealing order. Again, competent evidence supporting the application to file 3 documents under seal must be provided by declaration. 4 Any document that is not confidential, privileged, or otherwise protectable in its 5 entirety will not be filed under seal if the confidential portions can be redacted. If 6 documents can be redacted, then a redacted version for public viewing, omitting only 7 the confidential, privileged, or otherwise protectable portions of the document shall be 8 filed. Any application that seeks to file documents under seal in their entirety should 9 include an explanation of why redaction is not feasible. 10 11 2. DEFINITIONS 12 2.1 Action: this pending federal law suit. 13 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 14 information or items under this Order. 15 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 16 it is generated, stored or maintained) or tangible things that qualify for protection under 17 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 18 Statement. 19 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 20 support staff). 21 2.5 Designating Party: a Party or Non-Party that designates information or 22 items that it produces in disclosures or in responses to discovery as 23 “CONFIDENTIAL.” 24 2.6 Disclosure or Discovery Material: all items or information, regardless of 25 the medium or manner in which it is generated, stored, or maintained (including, among 26 other things, testimony, transcripts, and tangible things), that are produced or generated 27 in disclosures or responses to discovery in this matter. 28 -4- MEYLAN DAVITT JAIN AREVIAN & KIM LLP STIPULATED PROTECTIVE ORDER Case 2:21-cv-05594-FWS-RAO Document 120 Filed 05/31/22 Page 5 of 17 Page ID #:4348

1 2.7 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 3 expert witness or as a consultant in this Action. 4 2.8 House Counsel: attorneys who are employees of a party to this Action. 5 House Counsel does not include Outside Counsel of Record or any other outside 6 counsel. 7 2.9 Non-Party: any natural person, partnership, corporation, association, or 8 other legal entity not named as a Party to this action. 9 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 10 this Action but are retained to represent or advise a party to this Action and have 11 appeared in this Action on behalf of that party or are affiliated with a law firm which 12 has appeared on behalf of that party, and includes support staff. 13 2.11 Party: any party to this Action, including all of its officers, directors, 14 employees, consultants, retained experts, and Outside Counsel of Record (and their 15 support staffs). 16 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 17 Discovery Material in this Action. 18 2.13 Professional Vendors: persons or entities that provide litigation support 19 services (e.g., photocopying, videotaping, translating, preparing exhibits or 20 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 21 their employees and subcontractors. 22 2.14 Protected Material: any Disclosure or Discovery Material that is designated 23 as “CONFIDENTIAL.” 24 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 25 from a Producing Party. 26 27 28 -5- MEYLAN DAVITT JAIN AREVIAN & KIM LLP STIPULATED PROTECTIVE ORDER Case 2:21-cv-05594-FWS-RAO Document 120 Filed 05/31/22 Page 6 of 17 Page ID #:4349

1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only Protected 3 Material (as defined above), but also (1) any information copied or extracted from 4 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 5 Material; and (3) any testimony, conversations, or presentations by Parties or their 6 Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the trial 8 judge. This Order does not govern the use of Protected Material at trial. 9 10 4. DURATION 11 Once a case proceeds to trial, information that was designated as 12 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as 13 an exhibit at trial becomes public and will be presumptively available to all members of 14 the public, including the press, unless compelling reasons supported by specific factual 15 findings to proceed otherwise are made to the trial judge in advance of the trial. See 16 Kamakana,

(distinguishing “good cause” showing for sealing 17 documents produced in discovery from “compelling reasons” standard when merits- 18 related documents are part of court record). Accordingly, the terms of this protective 19 order do not extend beyond the commencement of the trial. 20 21 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 23 Party or Non-Party that designates information or items for protection under this Order 24 must take care to limit any such designation to specific material that qualifies under the 25 appropriate standards. The Designating Party must designate for protection only those 26 parts of material, documents, items, or oral or written communications that qualify so 27 that other portions of the material, documents, items, or communications for which 28 protection is not warranted are not swept unjustifiably within the ambit of this Order. -6- MEYLAN DAVITT JAIN AREVIAN & KIM LLP STIPULATED PROTECTIVE ORDER Case 2:21-cv-05594-FWS-RAO Document 120 Filed 05/31/22 Page 7 of 17 Page ID #:4350

1 Mass, indiscriminate, or routinized designations are prohibited. Designations that 2 are shown to be clearly unjustified or that have been made for an improper purpose 3 (e.g., to unnecessarily encumber the case development process or to impose unnecessary 4 expenses and burdens on other parties) may expose the Designating Party to sanctions. 5 If it comes to a Designating Party’s attention that information or items that it 6 designated for protection do not qualify for protection, that Designating Party must 7 promptly notify all other Parties that it is withdrawing the inapplicable designation. 8 5.2 Manner and Timing of Designations. Except as otherwise provided in this 9 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 10 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 11 must be clearly so designated before the material is disclosed or produced. 12 Designation in conformity with this Order requires: 13 (a) for information in documentary form (e.g., paper or electronic 14 documents, but excluding transcripts of depositions or other pretrial or trial 15 proceedings), that the Producing Party affix at a minimum, the legend 16 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 17 contains protected material. If only a portion or portions of the material on a page 18 qualifies for protection, the Producing Party also must clearly identify the protected 19 portion(s) (e.g., by making appropriate markings in the margins). 20 A Party or Non-Party that makes original documents available for inspection need 21 not designate them for protection until after the inspecting Party has indicated which 22 documents it would like copied and produced. During the inspection and before the 23 designation, all of the material made available for inspection shall be deemed 24 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 25 copied and produced, the Producing Party must determine which documents, or portions 26 thereof, qualify for protection under this Order. Then, before producing the specified 27 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 28 that contains Protected Material. If only a portion or portions of the material on a page -7- MEYLAN DAVITT JAIN AREVIAN & KIM LLP STIPULATED PROTECTIVE ORDER Case 2:21-cv-05594-FWS-RAO Document 120 Filed 05/31/22 Page 8 of 17 Page ID #:4351

1 qualifies for protection, the Producing Party also must clearly identify the protected 2 portion(s) (e.g., by making appropriate markings in the margins). 3 (b) for testimony given in depositions that the Designating Party identify 4 the Disclosure or Discovery Material on the record, before the close of the deposition all 5 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.” If only a portion or portions of the information warrants 10 protection, the Producing Party, to the extent practicable, shall identify the protected 11 portion(s). 12 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 13 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. Upon 15 timely correction of a designation, the Receiving Party must make reasonable efforts to 16 assure that the material is treated in accordance with the provisions of this Order. 17 18 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 19 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 20 designation of confidentiality at any time that is consistent with the Court’s Scheduling 21 Order. 22 6.2 Meet and Confer. Except as otherwise provided by the Court’s Minutes 23 and Order re: Telephonic Discovery Hearing [116] and Granting-in-Part Motion to 24 Compel [104], Dkt. 117, the Challenging Party shall initiate the dispute resolution 25 process under Local Rule 37.1 et seq. 26 6.3 The burden of persuasion in any such challenge proceeding shall be on the 27 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 28 to harass or impose unnecessary expenses and burdens on other parties) may expose the -8- MEYLAN DAVITT JAIN AREVIAN & KIM LLP STIPULATED PROTECTIVE ORDER Case 2:21-cv-05594-FWS-RAO Document 120 Filed 05/31/22 Page 9 of 17 Page ID #:4352

1 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 2 the confidentiality designation, all parties shall continue to afford the material in 3 question the level of protection to which it is entitled under the Producing Party’s 4 designation until the Court rules on the challenge. 5 6 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7 7.1 Basic Principles. A Receiving Party may use Protected Material that is 8 disclosed or produced by another Party or by a Non-Party in connection with this Action 9 only for prosecuting, defending, or attempting to settle this Action. Such Protected 10 Material may be disclosed only to the categories of persons and under the conditions 11 described in this Order. When the Action has been terminated, a Receiving Party must 12 comply with the provisions of section 13 below (FINAL DISPOSITION). 13 Protected Material must be stored and maintained by a Receiving Party at a 14 location and in a secure manner that ensures that access is limited to the persons 15 authorized under this Order. 16 Notwithstanding the foregoing, the foregoing paragraphs do not apply to the 17 provision of Protected Material to any governmental entity, such as the State of 18 California Department of Justice (including the Office of the Attorney General) or the 19 United States Department of Justice (including the Office of the Attorney General), or 20 otherwise impose conditions on or limit the use of any Protected Material by a 21 governmental entity, including ones that have requested or may request Protected 22 Material pursuant to their lawful authority and jurisdiction. 23 24 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 25 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 26 may disclose any information or item designated “CONFIDENTIAL” only to: 27 28 -9- MEYLAN DAVITT JAIN AREVIAN & KIM LLP STIPULATED PROTECTIVE ORDER Case 2:21-cv-05594-FWS-RAO Document 120 Filed 05/31/22 Page 10 of 17 Page ID #:4353

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 to 3 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 not 19 be permitted to keep any confidential information unless they sign the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 21 by the Designating Party or ordered by the court. Pages of transcribed deposition 22 testimony or exhibits to depositions that reveal Protected Material may be separately 23 bound by the court reporter and may not be disclosed to anyone except as permitted 24 under this Stipulated Protective Order; 25 (i) any mediator or settlement officer, and their supporting personnel, 26 mutually agreed upon by any of the parties engaged in settlement discussions; and, 27 28 -10- MEYLAN DAVITT JAIN AREVIAN & KIM LLP STIPULATED PROTECTIVE ORDER Case 2:21-cv-05594-FWS-RAO Document 120 Filed 05/31/22 Page 11 of 17 Page ID #:4354

1 (j) any governmental entity, such as the State of California Department of 2 Justice (including the Office of the Attorney General) or the United States Department 3 of Justice (including the Office of the Attorney General). 4 5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 6 OTHER LITIGATION 7 If a Party is served with a subpoena or a court order issued in other litigation that 8 compels disclosure of any information or items designated in this Action as 9 “CONFIDENTIAL,” that Party must: 10 (a) promptly notify in writing the Designating Party. Such notification shall 11 include a copy of the subpoena or court order; 12 (b) promptly notify in writing the party who caused the subpoena or order to 13 issue in the other litigation that some or all of the material covered by the subpoena or 14 order is subject to this Protective Order. Such notification shall include a copy of this 15 Stipulated Protective Order; and 16 (c) cooperate with respect to all reasonable procedures sought to be pursued by 17 the Designating Party whose Protected Material may be affected. 18 If the Designating Party timely seeks a protective order, the Party served with the 19 subpoena or court order shall not produce any information designated in this action as 20 “CONFIDENTIAL” before a determination by the court from which the subpoena or 21 order issued, unless the Party has obtained the Designating Party’s permission. The 22 Designating Party shall bear the burden and expense of seeking protection in that court 23 of its confidential material and nothing in these provisions should be construed as 24 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 25 directive from another court. 26 27 28 -11- MEYLAN DAVITT JAIN AREVIAN & KIM LLP STIPULATED PROTECTIVE ORDER Case 2:21-cv-05594-FWS-RAO Document 120 Filed 05/31/22 Page 12 of 17 Page ID #:4355

1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 2 IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a 4 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 5 produced by Non-Parties in connection with this litigation is protected by the remedies 6 and relief provided by this Order. Nothing in these provisions should be construed as 7 prohibiting a Non-Party from seeking additional protections. 8 (b) In the event that a Party is required, by a valid discovery request, to 9 produce a Non-Party’s confidential information in its possession, and the Party is 10 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 11 information, then the Party shall: 12 (1) promptly notify in writing the Requesting Party and the Non-Party 13 that some or all of the information requested is subject to a confidentiality agreement 14 with a Non-Party; 15 (2) promptly provide the Non-Party with a copy of the Stipulated 16 Protective Order in this Action, the relevant discovery request(s), and a reasonably 17 specific description of the information requested; and 18 (3) make the information requested available for inspection by the Non- 19 Party, if requested. 20 (c) If the Non-Party fails to seek a protective order from this court within 21 14 days of receiving the notice and accompanying information, the Receiving Party may 22 produce the Non-Party’s confidential information responsive to the discovery request. If 23 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 24 information in its possession or control that is subject to the confidentiality agreement 25 with the Non-Party before a determination by the court. Absent a court order to the 26 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 27 court of its Protected Material. 28 -12- MEYLAN DAVITT JAIN AREVIAN & KIM LLP STIPULATED PROTECTIVE ORDER Case 2:21-cv-05594-FWS-RAO Document 120 Filed 05/31/22 Page 13 of 17 Page ID #:4356

1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 5 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 6 all unauthorized copies of the Protected Material, (c) inform the person or persons to 7 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 8 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 9 that is attached hereto as Exhibit A. 10 11 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 PROTECTED MATERIAL 13 When a Producing Party gives notice to Receiving Parties that certain 14 inadvertently produced material is subject to a claim of privilege or other protection, the 15 obligations of the Receiving Parties are those set forth in Federal Rule of Civil 16 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 17 may be established in an e-discovery order that provides for production without prior 18 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 19 parties reach an agreement on the effect of disclosure of a communication or 20 information covered by the attorney-client privilege or work product protection, the 21 parties may incorporate their agreement in the stipulated protective order submitted to 22 the court. 23 24 12. MISCELLANEOUS 25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 26 person to seek its modification by the Court in the future. 27 12.2 Right to Assert Other Objections. By stipulating to the entry of this 28 Protective Order no Party waives any right it otherwise would have to object to -13- MEYLAN DAVITT JAIN AREVIAN & KIM LLP STIPULATED PROTECTIVE ORDER Case 2:21-cv-05594-FWS-RAO Document 120 Filed 05/31/22 Page 14 of 17 Page ID #:4357

1 disclosing or producing any information or item on any ground not addressed in this 2 Stipulated Protective Order. Similarly, no Party waives any right to object on any 3 ground to use in evidence of any of the material covered by this Protective Order. 4 12.3 Filing Protected Material. A Party that seeks to file under seal any 5 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 6 only be filed under seal pursuant to a court order authorizing the sealing of the specific 7 Protected Material at issue. If a Party's request to file Protected Material under seal is 8 denied by the court, then the Receiving Party may file the information in the public 9 record unless otherwise instructed by the court. 10 11 13. FINAL DISPOSITION 12 After the final disposition of this Action, as defined in paragraph 4, within 60 13 days of a written request by the Designating Party, each Receiving Party must return all 14 Protected Material to the Producing Party or destroy such material. As used in this 15 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 16 summaries, and any other format reproducing or capturing any of the Protected 17 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 18 must submit a written certification to the Producing Party (and, if not the same person or 19 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, 20 where appropriate) all the Protected Material that was returned or destroyed and 21 (2)affirms that the Receiving Party has not retained any copies, abstracts, compilations, 22 summaries or any other format reproducing or capturing any of the Protected Material. 23 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 24 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 25 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 26 consultant and expert work product, even if such materials contain Protected Material. 27 Any such archival copies that contain or constitute Protected Material remain subject to 28 this Protective Order as set forth in Section 4 (DURATION). -14- MEYLAN DAVITT JAIN AREVIAN & KIM LLP STIPULATED PROTECTIVE ORDER Case 2:21-cv-05594-FWS-RAO Document 120 Filed 05/31/22 Page 15 of 17 Page ID #:4358

1 14. Any violation of this Order may be punished by any and all appropriate measures 2 including, without limitation, contempt proceedings and/or monetary sanctions. 3 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 DATED: May 27, 2022 Respectfully submitted, 6

7 By: /s/ Benjamin S. Tragish

8 CSREEDER, PC Christopher S. Reeder 9 Elan Bloch Benjamin S. Tragish 10

11 JEFFER MANGELS BUTLER & MITCHELL LLP 12 Dan P. Sedor Vatche Zetjian 13 ATTORNEYS FOR PLAINTIFFS AND 14 COUNTERCLAIM DEFENDANT

15 By: /s/ Grace C. Lee 16

17 MEYLAN DAVITT JAIN AREVIAN & KIM LLP 18 Raymond B. Kim Shaunt T. Arevian 19 Grace C. Lee

20 ATTORNEYS FOR DEFENDANTS AND COUNTERCLAIMANT 21

22 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 23

24 DATED May 31, 2022 25

26 /s/ 27 Honorable Rozella A. Oliver United States District/Magistrate Judge 28 -15- MEYLAN DAVITT JAIN AREVIAN & KIM LLP STIPULATED PROTECTIVE ORDER Case 2:21-cv-05594-FWS-RAO Document 120 Filed 05/31/22 Page 16 of 17 Page ID #:4359

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, [print or type full name], of [print or type full address], declare 5 under penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the United States District Court for the Central 7 District of California on [date] in the case of [insert formal name of the case and the 8 number and initials assigned to it by the court]. I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and punishment in 11 the nature of contempt. I solemnly promise that I will not disclose in any manner any 12 information or item that is subject to this Stipulated Protective Order to any person or 13 entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for 15 the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint ____ [print or type full name] of ______ 18 [print or type full address and telephone number] as my California agent for service 19 of process in connection with this action or any proceedings related to enforcement of 20 this Stipulated Protective Order. 21 22 Date: 23 City and State where sworn and signed: 24 25 Printed name: 26 27 Signature: 28 -16- MEYLAN DAVITT JAIN AREVIAN & KIM LLP STIPULATED PROTECTIVE ORDER se 2:21-cv-05594-FWS-RAO pote oD Filed 05/31/22 Page17of17 Page ID

1 ATTESTATION 2 I, GRACE C. LEE, am the ECF user whose ID and password were used to file 3 || this STIPULATED PROTECTIVE ORDER. Pursuant to L.R. 5-4.3.4(a)(2), I hereby 4 || attest that BENJAMIN S. TRAGISH concurred in the filing of this document. 6 Executed this 27 day of May 2022, in Los Angeles, California.

8 ae Nissi □□□ 9 Grace C. Lee 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28