Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 1 of 17 Page ID #:146

1 Scott Alan Burroughs (SBN 235718) [email protected] 2 Frank R. Trechsel (SBN 312199 3 [email protected] DONIGER / BURROUGHS 4 603 Rose Avenue 5 Venice California 90291 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 ITASCA IMAGES, LLC, 11 Case No. 2:22-cv-00875-MWF (ASx) 12 Plaintiff, Referred to Hon. Michael W. Fitzgerald Magistrate: Alka Sagar 13 v. 14 15 123RF, LLC; et al., PROTECTIVE ORDER 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 -1- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 2 of 17 Page ID #:147

1. A. PURPOSES AND LIMITATIONS 1 Discovery in this action is likely to involve production of confidential, 2 proprietary, or private information for which special protection from public 3 disclosure and from use for any purpose other than prosecuting this litigation may be 4 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter 5 the following Stipulated Protective Order. The parties acknowledge that this Order 6 does not confer blanket protections on all disclosures or responses to discovery and 7 that the protection it affords from public disclosure and use extends only to the 8 limited information or items that are entitled to confidential treatment under the 9 applicable legal principles. The parties further acknowledge, as set forth in Section 10 12.3, below, that this Stipulated Protective Order does not entitle them to file 11 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 12 that must be followed and the standards that will be applied when a party seeks 13 permission from the court to file material under seal. 14 B. GOOD CAUSE STATEMENT 15 This action is likely to involve trade secrets, customer and pricing lists and 16 other valuable research, development, commercial, financial, technical and/or 17 proprietary information for which special protection from public disclosure and from 18 use for any purpose other than prosecution of this action is warranted. Such 19 confidential and proprietary materials and information consist of, among other 20 things, confidential business or financial information, information regarding 21 confidential business practices, or other confidential research, development, or 22 commercial information (including information implicating privacy rights of third 23 parties), information otherwise generally unavailable to the public, or which may be 24 privileged or otherwise protected from disclosure under state or federal statutes, 25 court rules, case decisions, or common law. Accordingly, to expedite the flow of 26 information, to facilitate the prompt resolution of disputes over confidentiality of 27 discovery materials, to adequately protect information the parties are entitled to keep 28 -2- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 3 of 17 Page ID #:148

confidential, to ensure that the parties are permitted reasonable necessary uses of 1 such material in preparation for and in the conduct of trial, to address their handling 2 at the end of the litigation, and serve the ends of justice, a protective order for such 3 information is justified in this matter. It is the intent of the parties that information 4 will not be designated as confidential for tactical reasons and that nothing be so 5 designated without a good faith belief that it has been maintained in a confidential, 6 non-public manner, and there is good cause why it should not be part of the public 7 record of this case. The parties understand and acknowledge that this Protective 8 Order does not govern the use of materials at trial. Any motions for protective order 9 or requests that documents be maintained under seal must be made to the judicial 10 officer handling the trial. Prior to trial, the parties shall meet and confer to discuss 11 how to handle Protected Material at trial, and may seek additional relief from the 12 Court. 13

14 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 15 The parties further acknowledge, as set forth in Section 12.3, below, that this 16 Stipulated Protective Order does not entitle them to file confidential information 17 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 18 and the standards that will be applied when a party seeks permission from the court 19 to file material under seal. 20 There is a strong presumption that the public has a right of access to judicial 21 proceedings and records in civil cases. In connection with non-dispositive motions, 22 good cause must be shown to support a filing under seal. See Kamakana v. City and 23 County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. Motors 24 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 25 Inc.,

(E.D. Wis. 1999) (even stipulated protective orders require 26 good cause showing), and a specific showing of good cause or compelling reasons 27 with proper evidentiary support and legal justification, must be made with respect to 28 -3- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 4 of 17 Page ID #:149

Protected Material that a party seeks to file under seal. The parties’ mere designation 1 of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY 2 CONFIDENTIAL does not—without the submission of competent evidence by 3 declaration, establishing that the material sought to be filed under seal qualifies as 4 confidential, privileged, or otherwise protectable—constitute good cause. 5 Further, if a party requests sealing related to a dispositive motion or trial, then 6 compelling reasons, not only good cause, for the sealing must be shown, and the 7 relief sought shall be narrowly tailored to serve the specific interest to be protected. 8 See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For 9 each item or type of information, document, or thing sought to be filed or introduced 10 under seal in connection with a dispositive motion or trial, the party seeking 11 protection must articulate compelling reasons, supported by specific facts and legal 12 justification, for the requested sealing order. Again, competent evidence supporting 13 the application to file documents under seal must be provided by declaration. 14 Any document that is not confidential, privileged, or otherwise protectable in 15 its entirety will not be filed under seal if the confidential portions can be redacted. If 16 documents can be redacted, then a redacted version for public viewing, omitting 17 only the confidential, privileged, or otherwise protectable portions of the document, 18 shall be filed. Any application that seeks to file documents under seal in their 19 entirety should include an explanation of why redaction is not feasible. 20

21 2. DEFINITIONS 22 2.1 Action: This pending federal lawsuit, Itasca Images, LLC v. 123RF, 23 LLC, et al. Case No. 22-cv-875 MWF (ASx) 24 2.2 Challenging Party: a Party or Non-Party that challenges the designation 25 of information or items under this Order. 26 2.3.1 “CONFIDENTIAL” Information or Items: information (regardless of 27 how it is generated, stored or maintained) or tangible things that qualify for 28 -4- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 5 of 17 Page ID #:150

protection under Federal Rule of Civil Procedure 26(c), and as specified above in the 1 Good Cause Statement. 2 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 3 their support staff). 4 2.5 Designating Party: a Party or Non-Party that designates information or 5 items that it produces in disclosures or in responses to discovery as 6 “CONFIDENTIAL.” 7 2.6 Disclosure or Discovery Material: all items or information, regardless 8 of the medium or manner in which it is generated, stored, or maintained (including, 9 among other things, testimony, transcripts, and tangible things), that are produced or 10 generated in disclosures or responses to discovery in this matter. 11 2.7 Expert: a person with specialized knowledge or experience in a matter 12 pertinent to the litigation who has been retained by a Party or its counsel to serve as 13 an expert witness or as a consultant in this Action. 14 15 2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items: extremely sensitive “CONFIDENTIAL” Information or 16 Items, the disclosure of which to another Party or Non-Party would create a 17 substantial risk of serious harm that could not be avoided by less restrictive means. 18 2.9 House Counsel: attorneys who are employees of a party to this Action. 19 House Counsel does not include Outside Counsel of Record or any other outside 20 counsel. 21 2.10 Non-Party: any natural person, partnership, corporation, association or 22 other legal entity not named as a Party to this action. 23 2.11 Outside Counsel of Record: attorneys who are not employees of a party 24 to this Action but are retained to represent or advise a party to this Action and have 25 appeared in this Action on behalf of that party or are affiliated with a law firm that 26 has appeared on behalf of that party, and includes support staff. 27 2.12 Party: any party to this Action, including all of its officers, directors, 28 -5- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 6 of 17 Page ID #:151

employees, consultants, retained experts, and Outside Counsel of Record (and their 1 support staffs). 2 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 3 Discovery Material in this Action. 4 2.14 Professional Vendors: persons or entities that provide litigation support 5 services (e.g., photocopying, videotaping, translating, preparing exhibits or 6 demonstrations, and organizing, storing, or retrieving data in any form or medium) 7 and their employees and subcontractors. 8 2.15 Protected Material: any Disclosure or Discovery Material that is 9 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 10 ATTORNEYS’ EYES ONLY.” 11 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 12 from a Producing Party. 13 3. SCOPE 14 The protections conferred by this Stipulation and Order cover not only 15 Protected Material (as defined above), but also (1) any information copied or 16 extracted from Protected Material; (2) all copies, excerpts, summaries, or 17 compilations of Protected Material; and (3) any testimony, conversations, or 18 presentations by Parties or their Counsel that might reveal Protected Material. 19 Any use of Protected Material at trial shall be governed by the orders of the 20 trial judge. This Order does not govern the use of Protected Material at trial. 21

22 4. DURATION 23 Even after the termination of this action, the confidentiality obligations 24 imposed by this Order shall remain in full force and effect unless modified by Court 25 Order or the written stipulation of the parties filed with the Court. Termination shall 26 be deemed to be the later of (1) dismissal of all claims and defenses in this Action, 27 28 -6- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 7 of 17 Page ID #:152

with or without prejudice; or (2) final judgment after the completion and exhaustion 1 of all appeals, re-hearings, remands, trials, or reviews of this Action, including the 2 time limits for filing any motions or applications for extension of time pursuant to 3 4 applicable law. 5 5. DESIGNATING PROTECTED MATERIAL 6 5.1 Exercise of Restraint and Care in Designating Material for Protection. 7 Each Party or Non-Party that designates information or items for protection under 8 this Order must take care to limit any such designation to specific material that 9 qualifies under the appropriate standards. The Designating Party must designate for 10 protection only those parts of material, documents, items or oral or written 11 communications that qualify so that other portions of the material, documents, items 12 or communications for which protection is not warranted are not swept unjustifiably 13 within the ambit of this Order. 14 Mass, indiscriminate or routinized designations are prohibited. Designations 15 that are shown to be clearly unjustified or that have been made for an improper 16 purpose (e.g., to unnecessarily encumber the case development process or to impose 17 unnecessary expenses and burdens on other parties) may expose the Designating 18 Party to sanctions. 19 If it comes to a Designating Party’s attention that information or items that it 20 designated for protection do not qualify for protection, that Designating Party must 21 promptly notify all other Parties that it is withdrawing the inapplicable designation. 22 5.2 Manner and Timing of Designations. Except as otherwise provided in 23 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 24 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 25 under this Order must be clearly so designated before the material is disclosed or 26 produced. 27 Designation in conformity with this Order requires: 28 -7- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 8 of 17 Page ID #:153

(a) for information in documentary form (e.g., paper or electronic 1 documents, but excluding transcripts of depositions or other pretrial or trial 2 proceedings), that the Producing Party affix at a minimum, the legend 3 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 4 ONLY”, as may be appropriate, to each page that contains protected material. If only 5 a portion of the material on a page qualifies for protection, the Producing Party also 6 must clearly identify the protected portion(s) (e.g., by making appropriate markings 7 in the margins). 8 A Party or Non-Party that makes original documents available for inspection 9 need not designate them for protection until after the inspecting Party has indicated 10 which documents it would like copied and produced. During the inspection and 11 before the designation, all of the material made available for inspection shall be 12 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 13 documents it wants copied and produced, the Producing Party must determine which 14 documents, or portions thereof, qualify for protection under this Order. Then, before 15 producing the specified documents, the Producing Party must affix the 16 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 17 ONLY” legend to each page that contains Protected Material. If only a portion of the 18 material on a page qualifies for protection, the Producing Party also must clearly 19 identify the protected portion(s) (e.g., by making appropriate markings in the 20 margins). 21 If the information is contained in a file format that does not reasonably allow 22 for the affixing of such legend, then the Producing Party may designate for the 23 protection of the information within such file by stating such designation via the 24 transmittal email or by letter, or by producing a slip sheet which identifies the bates 25 number of the file in question and the confidentiality designation for that file. 26 (b) for testimony given in depositions, before the close of the deposition all 27 protected testimony. In the event that the parties fail to designate testimony as 28 -8- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 9 of 17 Page ID #:154

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 1 ONLY” prior to the close of the deposition, the deposition transcript shall be 2 deemed “CONFIDENTIAL” for twenty-one (21) days after the receipt of the official 3 transcript. If neither Party designates the deposition (or portions thereof) as 4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 5 ONLY” during the twenty-one (21) day period, the deposition will be deemed not to 6 be confidential. 7 (c) for information produced in some form other than documentary and for 8 any other tangible items, that the Producing Party affix in a prominent place on the 9 exterior of the container or containers in which the information is stored the legend 10 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 11 ONLY,” as may be appropriate. If only a portion or portions of the information 12 warrants protection, the Producing Party, to the extent practicable, shall identify the 13 protected portion(s). 14 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 15 failure to designate qualified information or items does not, standing alone, waive 16 the Designating Party’s right to secure protection under this Order for such material. 17 Upon timely correction of a designation, the Receiving Party must make reasonable 18 efforts to assure that the material is treated in accordance with the provisions of this 19 Order. 20

21 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 22 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 23 designation of confidentiality at any time that is consistent with the Court’s 24 Scheduling Order. 25 6.2 Meet and Confer. The Challenging Party shall initiate the informal 26 dispute resolution process set forth in the Court's Procedures and Schedules. see 27 http://www.cacd.uscourts.gov/honorable-alka-sagar. 28 -9- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 10 of 17 Page ID #:155

6.3 The burden of persuasion in any such challenge proceeding shall be on 1 the Designating Party. Frivolous challenges, and those made for an improper 2 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 3 parties) may expose the Challenging Party to sanctions. Unless the Designating 4 Party has waived or withdrawn the confidentiality designation, all parties shall 5 continue to afford the material in question the level of protection to which it is 6 entitled under the Producing Party’s designation until the Court rules on the 7 challenge. 8

9 7. ACCESS TO AND USE OF PROTECTED MATERIAL 10 7.1 Basic Principles. A Receiving Party may use Protected Material that is 11 disclosed or produced by another Party or by a Non-Party in connection with this 12 Action only for prosecuting, defending or attempting to settle this Action. Such 13 Protected Material may be disclosed only to the categories of persons and under the 14 conditions described in this Order. When the Action has been terminated, a 15 Receiving Party must comply with the provisions of section 13 below (FINAL 16 DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a 18 location and in a secure manner that ensures that access is limited to the persons 19 authorized under this Order. 20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 21 otherwise ordered by the court or permitted in writing by the Designating Party, a 22 Receiving Party may disclose any information or item designated 23 “CONFIDENTIAL” only to: 24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 25 as employees of said Outside Counsel of Record to whom it is reasonably necessary 26 to disclose the information for this Action; 27 (b) the officers, directors, and employees (including House Counsel) of the 28 -10- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 11 of 17 Page ID #:156 Receiving Party to whom disclosure is reasonably necessary for this Action; 1 (c) Experts (as defined in this Order) of the Receiving Party to whom 2 disclosure is reasonably necessary for this Action and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (d) the court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, mock jurors, and Professional 7 Vendors to whom disclosure is reasonably necessary for this Action and who have 8 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (g) the author or recipient of a document containing the information or a 10 custodian or other person who otherwise possessed or knew the information; 11 (h) during their depositions, witnesses, and attorneys for witnesses, in the 12 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 13 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 14 will not be permitted to keep any confidential information unless they sign the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 16 agreed by the Designating Party or ordered by the court. Pages of transcribed 17 deposition testimony or exhibits to depositions that reveal Protected Material may be 18 separately bound by the court reporter and may not be disclosed to anyone except as 19 permitted under this Stipulated Protective Order; and 20 (i) any mediator or settlement officer, and their supporting personnel, 21 mutually agreed upon by any of the parties engaged in settlement discussions. 22 7.2 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 23 ONLY” Information or Items. Materials designated as “HIGHLY CONFIDENTIAL 24 – ATTORNEYS’ EYES ONLY” may be disclosed only to the people listed above in 25 paragraphs 7.2(a), (c)-(g), (i), or as ordered by the Court or agreed to by the Parties. 26 For the avoidance of any doubt, any information or item designated “HIGHLY 27 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may not be disclosed to the 28 -11- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 12 of 17 Page ID #:157 Receiving Party’s House Counsel unless the Receiving Party’s House Counsel 1 satisfies the criteria of 7.2(g). 2 Nothing in this Order shall preclude any Parties or their attorneys from 3 disclosing or using any material or documents from that Party’s own files which the 4 Party itself has designated as Protected Material; however, neither Party shall be 5 permitted to disclose material or documents that both Parties have designated as 6 Protected Material. No information that is in the public domain shall be subject to 7 this Order. 8 9 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 10 IN OTHER LITIGATION 11 If a Party is served with a subpoena or a court order issued in other litigation 12 that compels disclosure of any information or items designated in this Action as 13 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 14 ONLY,” that Party must: 15 (a) promptly notify in writing the Designating Party. Such notification 16 shall include a copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the subpoena or order 18 to issue in the other litigation that some or all of the material covered by the 19 subpoena or order is subject to this Protective Order. Such notification shall include 20 a copy of this Stipulated Protective Order; and 21 (c) cooperate with respect to all reasonable procedures sought to be 22 pursued by the Designating Party whose Protected Material may be affected. 23 If the Designating Party timely seeks a protective order, the Party served with 24 the subpoena or court order shall not produce any information designated in this 25 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 26 EYES ONLY” before a determination by the court from which the subpoena or 27 order issued, unless the Party has obtained the Designating Party’s permission. The 28 -12- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 13 of 17 Page ID #:158 Designating Party shall bear the burden and expense of seeking protection in that 1 court of its confidential material and nothing in these provisions should be construed 2 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 3 directive from another court. 4 5 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 6 PRODUCED IN THIS LITIGATION 7 (a) The terms of this Order are applicable to information produced by a 8 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 9 produced by Non-Parties in connection with this litigation is protected by the 10 remedies and relief provided by this Order. Nothing in these provisions should be 11 construed as prohibiting a Non-Party from seeking additional protections. 12 (b) In the event that a Party is required, by a valid discovery request, to 13 produce a Non-Party’s confidential information in its possession, and the Party is 14 subject to an agreement with the Non-Party not to produce the Non-Party’s 15 confidential information, then the Party shall: 16 (1) promptly notify in writing the Requesting Party and the Non-Party 17 that some or all of the information requested is subject to a confidentiality agreement 18 with a Non-Party; 19 (2) promptly provide the Non-Party with a copy of the Stipulated 20 Protective Order in this Action, the relevant discovery request(s), and a reasonably 21 specific description of the information requested; and 22 (3) make the information requested available for inspection by the Non- 23 Party, if requested. 24 (c) If the Non-Party fails to seek a protective order from this court within 25 14 days of receiving the notice and accompanying information, the Receiving Party 26 may produce the Non-Party’s confidential information responsive to the discovery 27 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 28 -13- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 14 of 17 Page ID #:159 not produce any information in its possession or control that is subject to the 1 confidentiality agreement with the Non-Party before a determination by the court. 2 Absent a court order to the contrary, the Non-Party shall bear the burden and 3 expense of seeking protection in this court of its Protected Material. 4 5 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 6 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 7 Protected Material to any person or in any circumstance not authorized under this 8 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 9 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 10 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 11 persons to whom unauthorized disclosures were made of all the terms of this Order, 12 and (d) request such person or persons to execute the “Acknowledgment and 13 Agreement to Be Bound” that is attached hereto as Exhibit A. 14 15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 16 PROTECTED MATERIAL 17 When a Producing Party gives notice to Receiving Parties that certain 18 inadvertently produced material is subject to a claim of privilege or other protection, 19 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 20 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 21 may be established in an e-discovery order that provides for production without prior 22 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 23 parties reach an agreement on the effect of disclosure of a communication or 24 information covered by the attorney-client privilege or work product protection, the 25 parties may incorporate their agreement in the stipulated protective order submitted 26 to the court. 27 12. MISCELLANEOUS 28 -14- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 15 of 17 Page ID #:160 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 1 person to seek its modification by the Court in the future. 2 12.2 Right to Assert Other Objections. By stipulating to the entry of this 3 Protective Order, no Party waives any right it otherwise would have to object to 4 disclosing or producing any information or item on any ground not addressed in this 5 Stipulated Protective Order. Similarly, no Party waives any right to object on any 6 ground to use in evidence of any of the material covered by this Protective Order. 7 12.3 Filing Protected Material. A Party that seeks to file under seal any 8 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 9 only be filed under seal pursuant to a court order authorizing the sealing of the 10 specific Protected Material at issue. If a Party’s request to file Protected Material 11 under seal is denied by the court, then the Receiving Party may file the information 12 in the public record unless otherwise instructed by the court 13 13. FINAL DISPOSITION 14 After the final disposition of this Action, as defined above in Section 4, within 15 sixty (60) days of a written request by the Designating Party, each Receiving Party 16 must return all Protected Material to the Producing Party or destroy such material. 17 As used in this subdivision, “all Protected Material” includes all copies, abstracts, 18 19 compilations, summaries, and any other format of Protected Material (including any 20 reproducing or capturing any of the Protected Material). Whether the Protected 21 Material is returned or destroyed, the Receiving Party must submit a written 22 certification to the Producing Party (and, if not the same person or entity, to the 23 Designating Party) by the sixty (60) day deadline that (1) identifies (by category, 24 where appropriate) all the Protected Material that was returned or destroyed and (2) 25 affirms that the Receiving Party has not retained any copies, abstracts, compilations, 26 summaries or any other format of the Protected Material (including any reproducing 27 or capturing any of the Protected Material). Notwithstanding this provision, Counsel 28 -15- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 16 of 17 Page ID #:161

are entitled to retain an archival copy of all pleadings, motion papers, trial, 1 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 2 and trial exhibits, expert reports, attorney work product, and consultant and expert 3 work product, even if such materials contain Protected Material. Any such archival 4 copies that contain or constitute Protected Material remain subject to this Order. 5 6 14. VIOLATION 7 Any violation of this Order may be punished by any and all appropriate 8 measures including, without limitation, contempt proceedings and/or monetary 9 sanctions. 10 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 Dated: August 8, 2022 By: /s/ Frank R. Trechsel 13 Scott Alan Burroughs, Esq. 14 Frank R. Trechsel, Esq. Attorneys for Plaintiffs 15 16 Dated: August 8, 2022 By: /s/ Gabriella N. Ismaj Bradley J. Mullins, Esq. 17 Gabriella N. Ismaj, Esq. 18 Attorneys for Defendants 19 20 21 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 23 Date: _A_u_g_u_s_t_ 9_,_ 2_0_2_2_____ ______/_ s_ /_ S__ag_a_r________________ 24 HON. ALKA SAGAR U.S. MAGISTRATE JUDGE 25 26 27 28 -16- STIPULATED PROTECTIVE ORDER Case 2:22-cv-00875-MWF-AS Document 26 Filed 08/09/22 Page 17 of 17 Page ID #:162 EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 I, _____________________________ [print or type full name], of 3 _________________ [print or type full address], declare under penalty of perjury 4 that I have read in its entirety and understand the Stipulated Protective Order that 5 was issued by the United States District Court for the Central District of California 6 on [date] in the case of Itasca Images, LLC v. 123RF, LLC, et al. Case No. 22-cv- 7 875 MWF (ASx). I agree to comply with and to be bound by all the terms of this 8 Stipulated Protective Order and I understand and acknowledge that failure to so 9 comply could expose me to sanctions and punishment in the nature of contempt. I 10 solemnly promise that I will not disclose in any manner any information or item that 11 is subject to this Stipulated Protective Order to any person or entity except in strict 12 compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court 14 for the Central District of California for enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of 16 this action. I hereby appoint __________________________ [print or type full 17 name] of _______________________________________ [print or type full address 18 and telephone number] as my California agent for service of process in connection 19 with this action or any proceedings related to enforcement of this Stipulated 20 Protective Order. 21 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23 24 Printed name: _______________________________ 25 26 Signature: __________________________________ 27 28 -17- STIPULATED PROTECTIVE ORDER