CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 11 ooff 1177 PPaaggee IIDD ##::116896

1 Joshua D.N. Hess (SBN 244115) [email protected] 2 Matthew F. Williams (SBN 323775) [email protected] 3 DECHERT LLP One Bush Street 4 Suite 1600 San Francisco, California 94104-4446 5 Telephone: +1 415 262 4500 Facsimile: +1 415 262 4555 6 Christina G. Sarchio (pro hac vice) 7 [email protected] DECHERT LLP 8 1900 K Street, N.W. Washington, DC 20006 9 Telephone: +1 202 261 3465 Facsimile: +1 202 261 3031 10 Attorneys for Defendant 11 Voyetra Turtle Beach, Inc. 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 WESTERN DIVISION 15 16 TERRY FABRICANT, individually and Case No. 2:22-cv-04052-FMO-PD on behalf of all others similarly situated, 17 STIPULATED PROTECTIVE Plaintiff, ORDER1 18 v. Judges: Hon. Fernando M. Olguin; 19 Hon. Patricia Donahue VOYETRA TURTLE BEACH, INC., 20 Defendant. 21 22 23 24 25 26 27 1 This Stipulated Protective Order is substantially based on the model protective order 28 provided under Magistrate Judge Patricia Donahue’s Procedures. STIPULATED PROTECTIVE ORDER CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 22 ooff 1177 PPaaggee IIDD ##::117807

1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be 5 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter 6 the following Stipulated Protective Order. The parties acknowledge that this Order 7 does not confer blanket protections on all disclosures or responses to discovery and 8 that the protection it affords from public disclosure and use extends only to the 9 limited information or items that are entitled to confidential treatment under the 10 applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve customer information and other valuable or 13 sensitive research, development, commercial, financial, technical and/or proprietary 14 information for which special protection from public disclosure and from use for any 15 purpose other than prosecution of this action is warranted. Such confidential and 16 proprietary materials and information may consist of, among other things, 17 confidential business or financial information, information regarding confidential 18 business practices, or other confidential research, development, or commercial 19 information, personally-identifiable information regarding the plaintiff and other 20 members of the public, information otherwise generally unavailable to the public, or 21 which may be privileged or otherwise protected from disclosure under state or federal 22 statutes, court rules, case decisions, or common law. Disclosure of these materials 23 and information would cause significant harm to the parties, third parties, and 24 members of the public. 25 Accordingly, to expedite the flow of information, to facilitate the prompt 26 resolution of disputes over confidentiality of discovery materials, to adequately 27 protect information the parties are entitled to keep confidential, to ensure that the 28 parties are permitted reasonable necessary uses of such material in preparation for - 2 - STIPULATED PROTECTIVE ORDER CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 33 ooff 1177 PPaaggee IIDD ##::117818

1 and in the conduct of trial, to address their handling at the end of the litigation, and 2 serve the ends of justice, a protective order for such information is justified in this 3 matter. It is the intent of the parties that information will not be designated as 4 confidential for tactical reasons and that nothing be so designated without a good 5 faith belief that it has been maintained in a confidential, non-public manner, and there 6 is good cause why it should not be part of the public record of this case. 7 C. 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 12 and the standards that will be applied when a party seeks permission from the court 13 to file 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, 19 Inc.,

(E.D. Wis. 1999) (even stipulated protective orders require 20 good cause showing), and a specific showing of good cause or compelling reasons 21 with proper evidentiary support and legal justification, must be made with respect 22 to Protected Material that a party seeks to file under seal. The parties’ mere 23 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 24 without the submission of competent evidence by declaration, establishing that the 25 material sought to be filed under seal qualifies as confidential, privileged, or 26 otherwise protectable—constitute good cause. 27 Further, if a party requests sealing related to a dispositive motion or trial, then 28 compelling reasons, not only good cause, for the sealing must be shown, and the - 3 - STIPULATED PROTECTIVE ORDER CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 44 ooff 1177 PPaaggee IIDD ##::117829

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

(9th Cir. 2010). For 3 each item or type of information, document, or thing sought to be filed or introduced 4 under seal in connection with a dispositive motion or trial, the party seeking 5 protection must articulate compelling reasons, supported by specific facts and legal 6 justification, for the requested sealing order. Again, competent evidence supporting 7 the application to 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. 10 If documents can be redacted, then a redacted version for public viewing, omitting 11 only the confidential, privileged, or otherwise protectable portions of the document, 12 shall be filed. Any application that seeks to file documents under seal in their 13 entirety should include an explanation of why redaction is not feasible. 14 2. DEFINITIONS 15 2.1. Action: This pending federal lawsuit (Case No. 2:22-cv-04052-FMO- 16 PD). 17 2.2. Challenging Party: A Party or Non-Party that challenges the designation 18 of information or items under this Order. 19 2.3. “CONFIDENTIAL” Information or Items: Information (regardless of 20 how it is generated, stored or maintained) or tangible things that qualify for protection 21 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 22 Cause Statement. 23 2.4. Counsel: Outside Counsel of Record and In-House Counsel (as well as 24 their support staff). 25 2.5. Designating Party: A Party or Non-Party that designates information or 26 items that it produces in disclosures or in responses to discovery as 27 “CONFIDENTIAL.” 28 - 4 - STIPULATED PROTECTIVE ORDER CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 55 ooff 1177 PPaaggee IIDD ##::117930

1 2.6. Disclosure or Discovery Material: All items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced or 4 generated in disclosures or responses to discovery in this matter. 5 2.7. Expert: A person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 an expert witness or as a consultant in this Action. 8 2.8. In-House Counsel: Attorneys who are employees of a party to this 9 Action. In-House Counsel does not include Outside Counsel of Record or any other 10 outside counsel. 11 2.9. Non-Party: Any natural person, partnership, corporation, association, 12 or other legal entity not named as a Party to this action. 13 2.10. Outside Counsel of Record: Attorneys who are not employees of a party 14 to this Action but are retained to represent or advise a party to this Action and have 15 appeared in this Action on behalf of that party or are affiliated with a law firm which 16 has appeared on behalf of that party, and includes support staff. 17 2.11. Party: Any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20 2.12. Producing Party: A Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 2.13. 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 2.14. Protected Material: Any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL.” 28 - 5 - STIPULATED PROTECTIVE ORDER CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 66 ooff 1177 PPaaggee IIDD ##::117941

1 2.15. Receiving Party: A Party that receives Disclosure or Discovery Material 2 from a Producing Party. 3 3. SCOPE 4 3.1. The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or 6 extracted from Protected Material; (2) all copies, excerpts, summaries, or 7 compilations of Protected Material; and (3) any testimony, conversations, or 8 presentations by Parties or their Counsel that might reveal Protected Material. 9 3.2. Any use of Protected Material at trial shall be governed by the orders of 10 the trial judge. This Order does not govern the use of Protected Material at trial. 11 4. DURATION 12 4.1. This Order shall take effect when signed by counsel for all the Parties 13 and entered by the Court. The Order shall be binding upon all counsel and their law 14 firms, Parties, and persons made subject to this Order through Exhibit A, 15 Acknowledgement of Understanding and Agreement to be Bound. 16 4.2. FINAL DISPOSITION of the action is defined as the conclusion of any 17 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 18 has run. Except as set forth below, the terms of this protective order apply through 19 FINAL DISPOSITION of the action. The parties may stipulate that they will be 20 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 21 but will have to file a separate action for enforcement of the agreement once all 22 proceedings in this case are complete. 23 4.3. Once a case proceeds to trial, information that was designated as 24 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 25 as an exhibit at trial becomes public and will be presumptively available to all 26 members of the public, including the press, unless compelling reasons supported by 27 specific factual findings to proceed otherwise are made to the trial judge in advance 28 of the trial. See Kamakana,

(distinguishing “good cause” - 6 - STIPULATED PROTECTIVE ORDER CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 77 ooff 1177 PPaaggee IIDD ##::117952

1 showing for sealing documents produced in discovery from “compelling reasons” 2 standard when merits-related documents are part of court record). Accordingly, for 3 such materials, the terms of this protective order do not extend beyond the 4 commencement of the trial. 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 8 under 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 23 Except as otherwise provided in this Order (see, e.g., second paragraph of 24 Section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery 25 Material that qualifies for protection under this Order must be clearly so designated 26 before the material is disclosed or produced. 27 Designation in conformity with this Order requires: 28 - 7 - STIPULATED PROTECTIVE ORDER CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 88 ooff 1177 PPaaggee IIDD ##::117963

1 (a) for information in documentary form (e.g., paper or electronic 2 documents, but excluding transcripts of depositions or other pretrial or trial 3 proceedings), that the Producing Party affix at a minimum, the legend 4 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 5 contains protected material. If only a portion or portions of the material on a page 6 qualifies for protection, the Producing Party also must clearly identify the protected 7 portion(s) (e.g., by making appropriate markings 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 legend” to each page that contains Protected Material. If only a 17 portion or portions of the material on a page qualifies for protection, the Producing 18 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 19 markings in the margins). 20 (b) in the case of depositions or other pretrial testimony: (i) by a statement 21 on the record by counsel at the time of such disclosure; or (ii) by written notice, sent 22 by counsel to all Parties within either: (a) twenty-one (21) calendar days after notice 23 of the availability of a transcript is served, (b) or a period of time to which the parties 24 have stipulated, whichever is longer. All transcripts, including exhibits to the 25 deposition, shall be considered Protected Material and subject to this Protective 26 Order until expiration of such 21-day period.. 27 28 - 8 - STIPULATED PROTECTIVE ORDER CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 99 ooff 1177 PPaaggee IIDD ##::117974

1 (c) for information produced in some form other than documentary and for 2 any other tangible items, that the Producing Party affix in a prominent place on the 3 exterior of the container or containers in which the information is stored the legend 4 “CONFIDENTIAL.” If only a portion or portions of the information warrants 5 protection, the Producing Party, to the extent practicable, shall identify the protected 6 portion(s). 7 5.3. Inadvertent Failures to Designate. 8 If timely corrected, an inadvertent failure to designate qualified information or 9 items does not, standing alone, waive the Designating Party’s right to secure 10 protection under this Order for such material. Upon timely correction of a 11 designation, the Receiving Party must make reasonable efforts to assure that the 12 material is treated in accordance with the provisions of this Order. 13 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 14 6.1. Timing of Challenges. Any party or Non-Party may challenge a 15 designation of confidentiality at any time that is consistent with the Court’s 16 Scheduling Order. 17 6.2. Meet and Confer. The Challenging Party shall initiate the dispute 18 resolution process under Local Rule 37.1 et seq. 19 6.3. The burden of persuasion in any such challenge proceeding shall be on 20 the Designating Party. Frivolous challenges, and those made for an improper purpose 21 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 22 expose the Challenging Party to sanctions. Unless the Designating Party has waived 23 or withdrawn the confidentiality designation, all parties shall continue to afford the 24 material in question the level of protection to which it is entitled under the Producing 25 Party’s designation until the Court rules on the challenge. 26 7. ACCESS TO AND USE OF PROTECTED MATERIAL 27 7.1. Basic Principles. A Receiving Party may use Protected Material that is 28 disclosed or produced by another Party or by a Non-Party in connection with this - 9 - STIPULATED PROTECTIVE ORDER CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 1100 ooff 1177 PPaaggee IIDD ##::117985

1 Action only for prosecuting, defending, or attempting to settle this Action. Such 2 Protected Material may be disclosed only to the categories of persons and under the 3 conditions described in this Order. When the Action has been terminated, a 4 Receiving Party must comply with the provisions of Section 13 below (FINAL 5 DISPOSITION). 6 Protected Material must be stored and maintained by a Receiving Party at a 7 location and in a secure manner that ensures that access is limited to the persons 8 authorized under this Order. 9 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless 10 otherwise ordered by the court or permitted in writing by the Designating Party, a 11 Receiving Party may disclose any information or item designated 12 “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 14 as employees of said Outside Counsel of Record to whom it is reasonably necessary 15 to disclose the information for this Action; 16 (b) the officers, directors, and employees (including In-House Counsel) of 17 the Receiving Party to whom disclosure is reasonably necessary for this Action; 18 (c) Experts (as defined in this Order) of the Receiving Party to whom 19 disclosure is reasonably necessary for this Action and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (d) the court and its personnel; 22 (e) court reporters and their staff; 23 (f) professional jury or trial consultants, mock jurors, and Professional 24 Vendors to whom disclosure is reasonably necessary for this Action and who have 25 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (g) the author or recipient of a document containing the information or a 27 custodian or other person who otherwise possessed or knew the information; 28 - 10 - STIPULATED PROTECTIVE ORDER CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 1111 ooff 1177 PPaaggee IIDD ##::117996

1 (h) during their depositions, witnesses, and attorneys for witnesses, in the 2 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 3 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 4 not be permitted to keep any confidential information unless they sign the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 6 agreed by the Designating Party or ordered by the court. Pages of transcribed 7 deposition testimony or exhibits to depositions that reveal Protected Material may be 8 separately bound by the court reporter and may not be disclosed to anyone except as 9 permitted under this Stipulated Protective Order; and 10 (i) any mediator or settlement officer, and their supporting personnel, 11 mutually agreed upon by any of the parties engaged in settlement discussions. 12 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 13 PRODUCED IN OTHER LITIGATION 14 If a Party is served with a subpoena or a court order issued in other litigation 15 that compels disclosure of any information or items designated in this Action as 16 “CONFIDENTIAL,” that Party must: 17 (a) promptly notify in writing the Designating Party. Such notification shall 18 include a copy of the subpoena or court order; 19 (b) promptly notify in writing the party who caused the subpoena or order 20 to issue in the other litigation that some or all of the material covered by the subpoena 21 or order is subject to this Protective Order. Such notification shall include a copy of 22 this Stipulated Protective Order; and 23 (c) cooperate with respect to all reasonable procedures sought to be pursued 24 by the Designating Party whose Protected Material may be affected. 25 If the Designating Party timely seeks a protective order, the Party served with 26 the subpoena or court order shall not produce any information designated in this 27 action as “CONFIDENTIAL” before a determination by the Court from which the 28 subpoena or order issued, unless the Party has obtained the Designating Party’s - 11 - STIPULATED PROTECTIVE ORDER CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 1122 ooff 1177 PPaaggee IIDD ##::118907

1 permission. The Designating Party shall bear the burden and expense of seeking 2 protection in that court of its confidential material and nothing in these provisions 3 should be construed as authorizing or encouraging a Receiving Party in this Action 4 to disobey a lawful directive from another court. 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- 17 Party that some or all of the information requested is subject to a 18 confidentiality agreement 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 21 reasonably specific description of the information requested; and 22 (3) make the information requested available for inspection by the 23 Non-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 not produce any information in its possession or control that is subject to the - 12 - STIPULATED PROTECTIVE ORDER CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 1133 ooff 1177 PPaaggee IIDD ##::118918

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 expense 3 of seeking protection in this court of its Protected Material. 4 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 6 Protected Material to any person or in any circumstance not authorized under this 7 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 8 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 9 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 10 persons to whom unauthorized disclosures were made of all the terms of this Order, 11 and (d) request such person or persons to execute the “Acknowledgment and 12 Agreement to Be Bound” that is attached hereto as Exhibit A. 13 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 14 PROTECTED MATERIAL 15 When a Producing Party gives notice to Receiving Parties that certain 16 inadvertently produced material is subject to a claim of privilege or other protection, 17 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 18 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 19 may be established in an e-discovery order that provides for production without prior 20 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 21 parties reach an agreement on the effect of disclosure of a communication or 22 information covered by the attorney-client privilege or work product protection, the 23 parties may incorporate their agreement in the Stipulated Protective Order submitted 24 to the Court. 25 12. MISCELLANEOUS 26 12.1. Right to Further Relief. Nothing in this Order abridges the right of any 27 person to seek its modification by the Court in the future. 28 - 13 - STIPULATED PROTECTIVE ORDER CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 1144 ooff 1177 PPaaggee IIDD ##::118929

1 12.2. Right to Assert Other Objections. By stipulating to the entry of this 2 Protective Order, no Party waives any right it otherwise would have to object to 3 disclosing or producing any information or item on any ground not addressed in this 4 Stipulated Protective Order. Similarly, no Party waives any right to object on any 5 ground to use in evidence of any of the material covered by this Protective Order. 6 12.3. Filing Protected Material. A Party that seeks to file under seal any 7 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 8 only be filed under seal pursuant to a court order authorizing the sealing of the 9 specific Protected Material at issue. If a Party's request to file Protected Material 10 under seal is denied by the Court, then the Receiving Party may file the information 11 in the public record unless otherwise instructed by the Court. 12 13. FINAL DISPOSITION 13 After the final disposition of this Action, as defined in Section 4, above, within 14 60 days of a written request by the Designating Party, each Receiving Party must 15 return all Protected Material to the Producing Party or destroy such material. As used 16 in this subdivision, “all Protected Material” includes all copies, abstracts, 17 compilations, summaries, and any other format reproducing or capturing any of the 18 Protected Material. Whether the Protected Material is returned or destroyed, the 19 Receiving Party must submit a written certification to the Producing Party (and, if 20 not the same person or entity, to the Designating Party) by the 60 day deadline that 21 (1) identifies (by category, where appropriate) all the Protected Material that was 22 returned or destroyed and (2)affirms that the Receiving Party has not retained any 23 copies, abstracts, compilations, summaries or any other format reproducing or 24 capturing any of the Protected Material. Notwithstanding this provision, Counsel are 25 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 26 and hearing transcripts, legal memoranda, correspondence, deposition and trial 27 exhibits, expert reports, attorney work product, and consultant and expert work 28 product, even if such materials contain Protected Material. Any such archival copies - 14 - STIPULATED PROTECTIVE ORDER Case 2:22-cv-04052-FMO-PD Document 28 Filed 12/06/22 Page 15o0f17 Page ID #:260

1 || that contain or constitute Protected Material remain subject to this Protective Order 2 || as set forth in Section 4 (DURATION). 3 14. Any violation of this Order may be punished by any and all appropriate 4 || measures including, without limitation, contempt proceedings and/or monetary 5 || sanctions. 7 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.” 9 || Dated: 12/5/2022 /s/ Matthew F. Willams 10 Attorney(s) for Plaintiff(s) 11 Dated: 12/5/2022 /s/ Rachel Kaufman 12 Attomey(s) for Defendant(s) 13 14 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 15 16 | DATED: December 6, 2022 17 18 Piaticcer Dena 19 ||Patricia Donahue 0 United States Magistrate Judge 21 22 23 24 25 26 27 ” Pursuant to Local Rule 5-4.34(a)(2)(). the filer of this document attests that all other 28 signatories listed, and on whose Bune | the filing is submitted, concur in the filing’s -15- STIPULATED PROTECTIVE ORDER

CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 1166 ooff 1177 PPaaggee IIDD ##::128041

1 2 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, [print or type full name], of 5 6 [print or type full address], declare under penalty of perjury that I 7 have read in its entirety and understand the Stipulated Protective Order that was 8 issued by the United States District Court for the Central District of California on 9 10 [DATE] in the case of Terry Fabricant v. Voyetra Turtle Beach, Inc., Case No. 11 2:22-cv-04052-FMO-PD. I agree to comply with and to be bound by all the terms 12 of this Stipulated Protective Order and I understand and acknowledge that failure to 13 14 so comply could expose me to sanctions and punishment in the nature of contempt. 15 I solemnly promise that I will not disclose in any manner any information or item 16 that is subject to this Stipulated Protective Order to any person or entity except in 17 18 strict compliance with the provisions of this Order. 19 I further agree to submit to the jurisdiction of the United States District Court 20 for the Central District of California for the purpose of enforcing the terms of this 21 22 Stipulated Protective Order, even if such enforcement proceedings occur after 23 termination of this action. I hereby appoint [print or 24 type full name] of [print or type full address and 25 26 telephone number] as my California agent for service of process in connection with 27 28 - 16 - STIPULATED PROTECTIVE ORDER CCaassee 22::2222--ccvv--0044005522--FFMMOO--PPDD DDooccuummeenntt 2245 FFiilleedd 1122//0056//2222 PPaaggee 1177 ooff 1177 PPaaggee IIDD ##::128052

1 this action or any proceedings related to enforcement of this Stipulated Protective 2 Order. 3 4 Date: 5 City and State where sworn and signed: 6 Printed Name: 7 8 Signature: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 17 - STIPULATED PROTECTIVE ORDER