Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 1 of 18 Page ID #:308

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7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 EVO Brands, LLC, a Delaware 11 Case No: 2:22-cv-03909-AB-MAR limited liability company; and 12 PVG2, LLC, a Delaware limited liability company, [PROPOSED] STIPULATED 13 PROTECTIVE ORDER

14 Plaintiff,

15 v. 16 Al Khalifa Group LLC, California 17 Limited Liability Company; 18 Overseek Investments, LLC, a California Limited Liability 19 Corporation; Xtra EcigLLC, a 20 California Limited Liability Corporation; Mohammad Khalifa, 21 an individual; Abbas Khalifa, an 22 individual; and Omar Fdawi, an individual; 23

24 Defendants. 25 26 1. INTRODUCTION 27 1.1. PURPOSES AND LIMITATIONS 28 Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 2 of 18 Page ID #:309

1 Discovery in this action is likely to involve production of confidential, 2 proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 3 Accordingly, the parties hereby stipulate to and petition the Court to enter the 4 following Stipulated Protective Order. The parties acknowledge that this Order does 5 not confer blanket protections on all disclosures or responses to discovery and that 6 the protection it affords from public disclosure and use extends only to the limited 7 information or items that are entitled to confidential treatment under the applicable 8 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 9 that this Stipulated Protective Order does not entitle them to file confidential 10 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 11 followed and the standards that will be applied when a party seeks permission from 12 the court to file material under seal. 13 1.2. GOOD CAUSE STATEMENT 14 This action is likely to involve trade secrets, customer and pricing lists and 15 other valuable research, development, commercial, financial, technical and/or 16 proprietary information for which special protection from public disclosure and from 17 use for any purpose other than prosecution of this action is warranted. Such 18 confidential and proprietary materials and information consist of, among other things, 19 confidential business or financial information, information regarding confidential 20 business practices, or other confidential research, development, or commercial information (including information implicating privacy rights of third parties), 21 information otherwise generally unavailable to the public, or which may be privileged 22 or otherwise protected from disclosure under state or federal statutes, court rules, case 23 decisions, or common law. Accordingly, to expedite the flow of information, to 24 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 25 to adequately protect information the parties are entitled to keep confidential, to 26 ensure that the parties are permitted reasonable necessary uses of such material in 27 preparation for and in the conduct of trial, to address their handling at the end of the 28 2 Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 3 of 18 Page ID #:310

1 litigation, and serve the ends of justice, a protective order for such information is 2 justified in this matter. It is the intent of the parties that information will not be designated as confidential or attorneys eyes’ only for tactical reasons and that 3 nothing be so designated without a good faith belief that it has been maintained in a 4 confidential, non-public manner, and there is good cause why it should not be part of 5 the public record of this case, or in the case of the most competitively sensitive 6 material, why it should be produced solely on an attorneys’ eyes only basis. 7 1.3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 8 SEAL 9 The parties further acknowledge, as set forth in Section 12.3, below, that this 10 Stipulated Protective Order does not entitle them to file confidential information 11 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 12 the standards that will be applied when a party seeks permission from the court to file 13 material under seal. 14 There is a strong presumption that the public has a right of access to judicial 15 proceedings and records in civil cases. In connection with non-dispositive motions, 16 good cause must be shown to support a filing under seal. See Kamakana v. City and 17 County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. Motors 18 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 19

(E.D. Wis. 1999) (even stipulated protective orders require good 20 cause showing), and a specific showing of good cause or compelling reasons with proper evidentiary support and legal justification, must be made with respect to 21 Protected Material that a party seeks to file under seal. The parties’ mere designation 22 of Disclosure or Discovery Material as “CONFIDENTIAL” or “HIGHLY 23 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” does not—without the 24 submission of competent evidence by declaration, establish that the material sought 25 to be filed under seal qualifies as confidential, privileged, or otherwise protectable— 26 constitute good cause. 27 Further, if a party requests sealing related to a dispositive motion or trial, then 28 3 Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 4 of 18 Page ID #:311

1 compelling reasons, not only good cause, for the sealing must be shown, and the relief 2 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For each item 3 or type of information, document, or thing sought to be filed or introduced under seal 4 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 15 2. DEFINITIONS 16 2.1 Action: EVO BRANDS, LLC, et al. v. AL KHALIFA GROUP LLC, et 17 al., No. 2:22-cv-03909-AB-MAR. 18 2.2 Challenging Party: A Party or Non-Party that challenges the 19 designation of information or items under this Order. 20 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of 21 how it is generated, stored or maintained) or tangible things that qualify for protection 22 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 23 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 24 Information or Items: Extremely sensitive “Confidential Information or Items,” 25 disclosure of which to another Party or Non-Party would create a substantial risk of 26 serious harm that could not be avoided by less restrictive means. 27 2.5 Support Staff: any contractor or employee of Counsel’s firm. 28 4 Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 5 of 18 Page ID #:312

1 2.6 Counsel: Outside Counsel of Record (as well as their Support Staff). 2 2.7 Designating Party: A Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 4 ONLY.” 5 2.8 Disclosure or Discovery Material: All items or information, regardless 6 of the medium or manner in which it is generated, stored, or maintained (including, 7 among other things, testimony, transcripts, and tangible things), that are produced or 8 generated in disclosures or responses to discovery in this matter. 9 2.9 Expert: A person with specialized knowledge or experience in a matter 10 pertinent to the litigation who has been retained by a Party or its counsel to serve as 11 an expert witness or as a consultant in this Action. 12 2.10 Non-Party: any natural person, partnership, corporation, association, or 13 other legal entity not named as a Party to this action. 14 2.11 Outside Counsel of Record: Attorneys who are not employees of a party 15 to this Action but are retained to represent or advise a party to this Action and have 16 appeared in this Action on behalf of that party or are affiliated with a law firm which 17 has appeared on behalf of that party, and includes Support Staff. 18 2.12 Party: any party to this Action, including all of its officers, directors, 19 employees, consultants, retained experts, and Outside Counsel of Record (and their 20 Support Staff). 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 2.14 Professional Vendors: Persons or entities that provide litigation support 23 services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 and their employees and subcontractors. 26 2.15 Protected Material: Any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 28 5 Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 6 of 18 Page ID #:313

1 EYES ONLY.” 2 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 3

4 3. SCOPE 5 The protections conferred by this Stipulation and Order cover not only 6 Protected Material (as defined above), but also (1) any information copied or extracted 7 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 8 Protected Material; and (3) any testimony, conversations, or presentations by Parties, 9 Non-Parties, or their Counsel that might reveal Protected Material. 10 Any use of Protected Material at trial shall be governed by the orders of the 11 trial judge. This Order does not govern the use of Protected Material at trial. 12

13 4. DURATION 14 FINAL DISPOSITION of the action is defined as the conclusion of any 15 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 16 has run. Except as set forth below, the terms of this protective order apply through 17 FINAL DISPOSITION of the action. The parties may stipulate that they will be 18 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 19 but will have to file a separate action for enforcement of the agreement once all 20 proceedings in this case are complete. Once a case proceeds to trial, information that was designated as 21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 22 ONLY,” or maintained pursuant to this protective order used or introduced as an 23 exhibit at trial becomes public and will be presumptively available to all members of 24 the public, including the press, unless compelling reasons supported by specific 25 factual findings to proceed otherwise are made to the trial judge in advance of the 26 trial. See Kamakana v. City and County of Honolulu,

at 1180-81 27 (distinguishing “good cause” showing for sealing documents produced in discovery 28 6 Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 7 of 18 Page ID #:314

1 from “compelling reasons” standard when merits-related documents are part of court 2 record). Accordingly, for such materials, the terms of this protective order do not extend beyond the commencement of the trial. 3

4 5. DESIGNATING PROTECTED MATERIAL 5 5.1 Exercise of Restraint and Care in Designating Material for Protection. 6 Each Party or Non-Party that designates information or items for protection under this 7 Order must take care to limit any such designation to specific material that qualifies 8 under the appropriate standards. The Designating Party must designate for protection 9 only those parts of material, documents, items, or oral or written communications that 10 qualify so that other portions of the material, documents, items, or communications 11 for which protection is not warranted are not swept unjustifiably within the ambit of 12 this Order. 13 Mass, indiscriminate, or routinized designations are prohibited. Designations 14 that are shown to be clearly unjustified or that have been made for an improper 15 purpose (e.g., to unnecessarily encumber the case development process or to impose 16 unnecessary expenses and burdens on other parties) may expose the Designating Party 17 to sanctions. 18 If it comes to a Designating Party’s attention that information or items that it 19 designated for protection do not qualify for protection, that Designating Party must 20 promptly notify all other Parties that it is withdrawing the inapplicable designation. 5.2 Manner and Timing of Designations. Except as otherwise provided in 21 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 23 under this Order must be clearly so designated before the material is disclosed or 24 produced. 25 Designation in conformity with this Order requires: 26 (a) for information in documentary form (e.g., paper or electronic 27 documents, but excluding transcripts of depositions or other pretrial or trial 28 7 Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 8 of 18 Page ID #:315

1 proceedings), that the Producing Party affix at a minimum, the legend 2 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (“HIGHLY CONFIDENTIAL – 3 ATTORNEYS’ EYES ONLY legend”) to each page that contains protected material. 4 If only a portion or portions of the material on a page qualifies for protection, the 5 Producing Party also must clearly identify the protected portion(s) (e.g., by making 6 appropriate markings in the margins). 7 (b) for testimony given in depositions that the Designating Party identify the 8 Disclosure or Discovery Material on the record, before the close of the deposition all 9 protected testimony. When it is impractical to identify separately each portion of 10 testimony that is entitled to protection, and when it appears that substantial portions 11 of the testimony may qualify for protection, the Party or nonparty that sponsors, 12 offers, or gives the testimony or that claims confidentiality may invoke, on the record 13 before the deposition is concluded or by written communication within 48 hours after 14 the deposition’s conclusion, a right to have up to two days to identify the specific 15 portions of the testimony as to which protection is sought and to specify the level of 16 protection being asserted (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 17 ATTORNEYS’ EYES ONLY”), during which two-day designation period the 18 entirety of the transcript shall be treated as HIGHLY CONFIDENTIAL – 19 ATTORNEYS’ EYES ONLY. Only those portions that are appropriately designated 20 for protection within the two days shall be covered by the provisions of this Stipulated Protective Order after the two-day designation period. 21 (c) for information produced in some form other than documentary and for 22 any other tangible items, that the Producing Party affix in a prominent place on the 23 exterior of the container or containers in which the information is stored, or for 24 electronic files in the file name or accompanying correspondence, the legend 25 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONL.” 26 If only a portion or portions of the information warrants protection, the Producing 27 Party, to the extent practicable, shall identify the protected portion(s). 28 8 Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 9 of 18 Page ID #:316

1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 failure to designate qualified information or items does not, standing alone, waive the Designating Party’s right to secure protection under this Order for such material. 3 Upon timely correction of a designation, the Receiving Party must make reasonable 4 efforts to assure that the material is treated in accordance with the provisions of this 5 Order. 6

7 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 8 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 9 designation of confidentiality at any time that is consistent with the Court’s 10 Scheduling Order. 11 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 12 resolution process under Local Rule 37.1 et seq. 13 6.3 The burden of persuasion in any such challenge proceeding shall be on 14 the Designating Party. Frivolous challenges, and those made for an improper purpose 15 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 16 expose the Challenging Party to sanctions. Unless the Designating Party has waived 17 or withdrawn the confidentiality designation, all parties shall continue to afford the 18 material in question the level of protection to which it is entitled under the Producing 19 Party’s designation until the Court rules on the challenge. 20 7. ACCESS TO AND USE OF PROTECTED MATERIAL 21 7.1 Basic Principles. A Receiving Party may use Protected Material that is 22 disclosed or produced by another Party or by a Non-Party in connection with this 23 Action only for prosecuting, defending, or attempting to settle this Action. Such 24 Protected Material may be disclosed only to the categories of persons and under the 25 conditions described in this Order. When the Action has been terminated, a Receiving 26 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 27 28 9 Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 10 of 18 Page ID #:317

1 Protected Material must be stored and maintained by a Receiving Party at a 2 location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 3 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 4 otherwise ordered by the court or permitted in writing by the Designating Party, a 5 Receiving Party may disclose any information or item designated 6 “CONFIDENTIAL” only to: 7 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 8 as employees of said Outside Counsel of Record to whom it is reasonably necessary 9 to disclose the information for this Action; 10 (b) the officers, directors, and employees of the Receiving Party to whom 11 disclosure is reasonably necessary for this Action; 12 (c) Experts (as defined in this Order) of the Receiving Party to whom 13 disclosure is reasonably necessary for this Action and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (d) the court and its personnel; 16 (e) court reporters and their staff; 17 (f) professional jury or trial consultants, mock jurors, and Professional 18 Vendors to whom disclosure is reasonably necessary for this Action and who have 19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (g) the author or recipient of a document containing the information or a 21 custodian or other person who is shown, in written or oral evidence, or foundation 22 laid in deposition testimony, otherwise possesses or knows information; 23 (h) during their depositions, witnesses ,and attorneys for witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) the deposing party 24 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 25 not be permitted to keep any confidential information unless they sign the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 27 agreed by the Designating Party or ordered by the court. Pages of transcribed 28 10 Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 11 of 18 Page ID #:318

1 deposition testimony or exhibits to depositions that reveal Protected Material may be 2 separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and 3 (i) any mediator or settlement officer, and their supporting personnel, 4 mutually agreed upon by any of the parties engaged in settlement discussions. 5 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 6 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 7 writing by the Designating Party, a Receiving Party may disclose any information or 8 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only 9 to: 10 (a) the Receiving Party’s Outside Counsel of Record, and employees of 11 the Outside Counsel of Record to whom it is reasonably necessary to disclose the 12 information for this Action; 13 (b) experts (as defined in this Order) of the Receiving Party to whom 14 disclosure is reasonably necessary for this Action and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A) prior to receiving 16 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” materials; provided, 17 however, that before a Receiving Party may disclose, directly or indirectly, any 18 information designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 19 ONLY,” the Receiving Party must email written notice to the Designating Party’s 20 outside counsel of record the following information regarding such expert or consultant: (i) an Executed Exhibit A; (ii) confirmation that the expert or consultant 21 has been advised in writing that his or her disclosure of information designated 22 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to the Receiving 23 Party is prohibited; and (iii) the outside consultant’s current curriculum vitae or 24 other description setting forth the person’s name and office address, his or her 25 present employer with job title and job description, any business or personal 26 relationship to any of the Parties (aside from being retained to consult and/or 27 provide testimony in the Action), and a brief job history for the past five years; 28 11 Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 12 of 18 Page ID #:319

1 (c) court and its personnel; 2 (d) court reporters and their staff; (e) professional jury or trial consultants, mock jurors, and Professional 3 Vendors to whom disclosure is reasonably necessary for this Action and who have 4 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 5 (f) the author or recipient of a document containing the information or a 6 custodian or other person who is shown, in written or oral evidence, or foundation 7 laid in deposition testimony, otherwise possesses or knows the information; 8 (g) the Designating party’s own employees, officers and directors, solely 9 as to the Designating party’s own “HIGHLY CONFIDENTIAL-ATTORNEYS’ 10 EYES ONLY” material; 11 (h) during their depositions, third-party witnesses and attorneys for third- 12 party witnesses, in the Action to whom disclosure is reasonably necessary, provided: 13 (1) no party or nonparty objects to the proposed disclosure to the third-party witness 14 or attorney for the third-party witness; (2) the deposing party requests that the third- 15 party witness sign the form attached as Exhibit 1; (3) prior to any disclosure, the 16 deposing party consults with the Designating Party and counsel participating in the 17 deposition in order to determine whether a party or nonparty objects to the 18 disclosure; and (4) the third-party witness and his or her attorney may not keep any 19 confidential information unless they sign the “Acknowledgment and Agreement to 20 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions 21 that reveal Protected Material may be separately bound by the court reporter and 22 may not be disclosed to anyone except as permitted under this Stipulated Protective 23 Order; and 24 (i) any mediator or settlement officer, and their supporting personnel, 25 mutually agreed upon by the parties engaged in settlement discussions. 26

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1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation 3 that compels disclosure of any information or items designated in this Action as 4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 5 ONLY,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification shall 7 include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order to 9 issue in the other litigation that some or all of the material covered by the subpoena 10 or order is subject to this Protective Order. Such notification shall include a copy of 11 this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be pursued 13 by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served 15 with the subpoena or court order shall not produce any information designated in this 16 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 17 EYES ONLY” before a determination by the court from which the subpoena or order 18 issued, unless the Party has obtained the Designating Party’s permission. The 19 Designating Party shall bear the burden and expense of seeking protection in that court 20 of its confidential material and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 21 directive from another court. 22

23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 24 PRODUCED IN THIS LITIGATION 25 (a) The terms of this Order are applicable to information produced by a Non- 26 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 27 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by 28 13 Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 14 of 18 Page ID #:321

1 Non-Parties in connection with this litigation is protected by the remedies and relief 2 provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. 3 (b) In the event that a Party is required, by a valid discovery request, to 4 produce a Non-Party’s confidential information in its possession, and the Party is 5 subject to an agreement with the Non-Party not to produce the Non-Party’s 6 confidential information, then the Party shall: 7 (1) promptly notify in writing the Requesting Party and the Non-Party 8 that some or all of the information requested is subject to a confidentiality agreement 9 with a Non-Party; 10 (2) promptly provide the Non-Party with a copy of the Stipulated 11 Protective Order in this Action, the relevant discovery request(s), and a reasonably 12 specific description of the information requested; and 13 (3) make the information requested available for inspection by the Non- 14 Party, if requested. 15 (c) If the Non-Party fails to seek a protective order from this court within 14 16 days of receiving the notice and accompanying information, the Receiving Party may 17 produce the Non-Party’s confidential information responsive to the discovery request. 18 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 19 any information in its possession or control that is subject to the confidentiality 20 agreement with the Non-Party before a determination by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of seeking 21 protection in this court of its Protected Material. 22

23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 25 Protected Material to any person or in any circumstance not authorized under this 26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 27 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 28 14 Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 15 of 18 Page ID #:322

1 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 2 persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 3 Agreement to Be Bound” that is attached hereto as Exhibit A. 4

5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 6 PROTECTED MATERIAL 7 When a Producing Party gives notice to Receiving Parties that certain 8 inadvertently produced material is subject to a claim of privilege or other protection, 9 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 10 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 11 may be established in an e-discovery order that provides for production without prior 12 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 13 parties reach an agreement on the effect of disclosure of a communication or 14 information covered by the attorney-client privilege or work product protection, the 15 parties may incorporate their agreement in the stipulated protective order submitted 16 to the court. 17 18 12. MISCELLANEOUS 19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 20 person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 21 Protective Order no Party waives any right it otherwise would have to object to 22 disclosing or producing any information or item on any ground not addressed in this 23 Stipulated Protective Order. Similarly, no Party waives any right to object on any 24 ground to use in evidence of any of the material covered by this Protective Order. 25 12.3 Filing Protected Material. A Party that seeks to file under seal any 26 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 27 only be filed under seal pursuant to a court order authorizing the sealing of the specific 28 15 Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 16 of 18 Page ID #:323

1 Protected Material at issue. If a Party's request to file Protected Material under seal is 2 denied by the court, then the Receiving Party may file the information in the public record unless otherwise instructed by the court. 3

4 13. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 4, within 60 6 days of a written request by the Designating Party, each Receiving Party must return 7 all Protected Material to the Producing Party or destroy such material. As used in this 8 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 9 summaries, and any other format reproducing or capturing any of the Protected 10 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 11 must submit a written certification to the Producing Party (and, if not the same person 12 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 13 category, where appropriate) all the Protected Material that was returned or destroyed 14 and (2)affirms that the Receiving Party has not retained any copies, abstracts, 15 compilations, summaries or any other format reproducing or capturing any of the 16 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 17 archival copy of all pleadings, motion papers, trial, deposition, and hearing 18 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 19 reports, attorney work product, and consultant and expert work product, even if such 20 materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in 21 Section 4 (DURATION). 22 14. Any violation of this Order may be punished by any and all appropriate 23 measures including, without limitation, contempt proceedings and/or monetary 24 sanctions. 25 // 26 // 27 // 28 16 Case #:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page17of18 Page ID #:324

1 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. DATED: October 18, 2022 /s/ Eric N. Heyer 5 Eric N. Heyer 4 THOMPSON HINE LLP 5 Attorneys for Plaintiff 7 DATED: October 18, 2022 /s/ Milord A. Keshishian Milord A. Keshishian 8 MILORD & ASSOCIATES, P.C. 9 Attorneys for Defendant 10 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. DATED: October 24, 2022 Baa 12 HON. MARGO A. ROCCONI 3 United States Magistrate Judge 14 15 Attestation Pursuant to L.R. 5-4.3.4(a)@2)(@) 6 I hereby attest that all other signatories listed, and on whose behalf the filing "7 is submitted, concur in the filing’s content and have authorized the filing. 18 Dated: October 18, 2022 /s/ Milord A. Keshishian 19 Milord A. Keshishian 20 21 22 23 24 25 26 27 28 17

Case 2:22-cv-03909-AB-MAR Document 37 Filed 10/24/22 Page 18 of 18 Page ID #:325

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of 4 ____________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 ________________, 2022, in the case of EVO BRANDS, LLC, et al. v. AL KHALIFA 8 GROUP LLC, et al., No. 2:22-cv-03909-AB-MAR. 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 11 in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Stipulated Protective Order to any person 13 or 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 15 for 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 18 type full name] of __________________________________ [print or type full 19 address and telephone number] as my California agent for service of process in 20 connection with this action or any proceedings related to enforcement of this Stipulated Protective Order. 21

22 Date: __________________________ 23 City and State where sworn and signed: _____________________________ 24

25 Printed name: ____________________________________ 26

27 Signature: ________________________________ 28 18