Case 5:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 1 of 18 Page ID #:559 MIEKE K. MALMBERG [SBN 209992] BAMBO OBARO (SBN 267683) 1 [email protected] [email protected] PAUL B. DERBY [SBN 211352] WEIL, GOTSHAL & MANGES LLP 2 pderby@skiermontderby. com 201 Redwood Shores Parkway HAJIR ARDEBILI [SBN 224624] Redwood Shores, CA 94065 3 [email protected] Telephone: (650) 802-3000 MANE SARDARYAN [SBN 287201] Facsimile: (650) 802-3100 4 [email protected] SKIERMONT DERBY LLP DAVID J. LENDER (pro hac vice) 5 633 West Fifth Street, Suite 5800 [email protected] Los Angeles, California 90071 BENJAMIN E. MARKS (pro hac 6 Telephone: (213) 788-4500 vice) Facsimile: (213) 788-4545 [email protected] 7 SARAH RYU (pro hac vice) PAUL J. SKIERMONT [Pro Hac Vice] [email protected] 8 [email protected] WEIL, GOTSHAL & MANGES LLP RYAN A. HARGRAVE [Pro Hac Vice] 767 Fifth Avenue 9 [email protected] New York, NY 10153 ALEX E. GASSER [Pro Hac Vice] Telephone: (212) 310-8000 10 [email protected] Facsimile: (212) 310-8007 SKIERMONT DERBY LLP 11 1601 Elm Street, Suite 4400 Attorneys for Defendant Dallas, Texas 75201 MGA ENTERTAINMENT, INC. 12 Telephone: (214) 978-6600 Facsimile: (214) 978-6601 13 DOUG W. COLT [SBN 210915] 14 [email protected] COLT LEGAL GROUP 15 1034 Emerald Bay Road, Suite 4 43 South Lake Tahoe, California 96150 16 Telephone: (628) 400-2658 Facsimile: (628) 400-2658 17 Attorneys for Plaintiff 18 SHERRI BALDY 19 IN THE UNITED STATES DISTRICT COURT 20 CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION - RIVERSIDE 21 22 SHERRI BALDY, Case No.: 5:21-cv-01938-SSS-KK 23 Plaintiff, [XPRXOXXPOXSXEXDX] STIPULATED 24 v. PROTECTIVE ORDER 25 MGA ENTERTAINMENT, INC., Magistrate Judge: Hon. Kenly Kato 26 Defendant. 27 28 PROTECTIVE ORDER Case 6:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 20f18 Page ID #:560

1] 1. PURPOSES AND LIMITATIONS 2 Discovery in this Action (as defined herein) is likely to involve production of 3 | confidential, proprietary, or private information for which special protection from 4 | public disclosure and from use for any purpose other than this litigation may be 5 | warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 | enter the following Stipulated Protective Order. The parties acknowledge that this 7 | Stipulated Protective Order does not confer blanket protections on all disclosures or 8 || responses to discovery and that the protection it affords from public disclosure and 9 | use extends only to the limited information or items that are entitled to confidential 10 | treatment under the applicable legal principles. The parties also acknowledge, as set 11 | forth in Section 13.5 below, that this Stipulated Protective Order does not entitle 12 | them to file confidential information under seal; rather, Civil Local Rule 79-5 sets 13 | forth the procedures that must be followed and the standards that will be applied 14 | when a party seeks permission from the Court to file material under seal. 15 | 2. GOOD CAUSE STATEMENT 16 This Action is likely to involve confidential, proprietary, and/or otherwise 17 | private information, including but not limited to research, development, 18 | commercial, and/or financial information for which special protection from public 19 || disclosure and from use for any purpose other than prosecution of this Action is 20 | warranted. Such confidential and proprietary materials and information consist of, 21 || among other things, confidential business or financial information, information 22 | regarding confidential business practices, or other confidential research, 23 | development, or commercial information (including information implicating 24 | privacy rights of third parties), information generally unavailable to the public, or 25 | which may be privileged or otherwise protected from disclosure under state or 26 | federal statutes, court rules, case decisions, or common law. The parties stipulate 27 || that disclosure of this information could cause competitive harm to the parties. For 28 | example, the parties believe that competitors will gain an unfair advantage if they PROTECTIVE ORDER

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1 | learn the parties’ Protected Material (as defined herein), such as financial 2 | information, accounting information, costs or profit structure, sales information, 3 | product lines, business and marketing strategy or information about operations. 4 | Accordingly, to expedite the flow of information, to facilitate the prompt resolution 5 | of disputes over confidentiality of discovery materials, to adequately protect 6 | information the parties are entitled to keep confidential, to ensure that the parties 7 | are permitted reasonably necessary uses of such material in preparation for and in 8 || the conduct of trial, to address their handling at the end of the litigation, and to 9 || serve the ends of justice, a protective order for such information is justified in this 10 | matter. It is the intent of the parties that information will not be designated as 11 | confidential for tactical reasons and that nothing be so designated without a good 12 | faith belief that it has been maintained in a confidential, non-public manner, and 13 | there is good cause why it should not be part of the public record of this case. 14 | 3. DEFINITIONS 15 3.1 “Action”: The above-captioned action. 16 3.2 “Challenging Party”: A Party or Non-Party that challenges the 17 designation of information or items under this Stipulated Protective Order. 18 3.3. “CONFIDENTIAL” Information or Items: Information 19 (regardless of how it is generated, stored or maintained) or tangible things 20 that qualify for protection under Federal Rule of Civil Procedure 26(c), and 21 as specified above in the Good Cause Statement. 22 3.4 “Counsel”: Outside Counsel retained in connection with this 23 Action and In-House Counsel (as well as their support staff). 24 3.5 “Designating Party”: A Party or Non-Party that designates 25 information or items that it produces in disclosures or in responses to 26 discovery as “CONFIDENTIAL.” 27 3.6 “Disclosure or Discovery Material’: All items or information, 28 regardless of the medium or manner in which they are generated, stored, or PROTECTIVE ORDER

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1 maintained (including, among other things, testimony, transcripts, and 2 tangible things), that are produced or generated in disclosures or responses to 3 discovery in this matter. 4 3.7 “Expert”: A person, who is not an employee of a Party to this 5 Action, with specialized knowledge or experience in a matter pertinent to the 6 Action, including his/her/their employees and support staff, who has been 7 retained by a Party or its Counsel to serve as an expert witness or as a non- 8 testifying consultant in this Action. 9 3.8 “In-House Counsel”: Attorneys who are employees of a party to 10 this Action. In-House Counsel does not include Outside Counsel or any other 11 outside counsel. 12 3.9 “Non-Party”: Any natural person, partnership, corporation, 13 association, or other legal entity not named as a Party to this Action. 14 3.10 “Qutside Counsel”: Attorneys, paralegals, and other support 15 personnel who are not employees of a Party to this Action but are retained to 16 represent or advise a party to this Action. 17 3.11 “Party”: Any party to this Action, including all of its officers, 18 directors, employees, consultants, retained experts, and Outside Counsel (and 19 their support staffs). 20 3.12 “Producing Party”: A Party or Non-Party that produces 21 Disclosure or Discovery Material in this Action. 22 3.13 “Professional Vendors”: Persons or entities, including electronic 23 discovery vendors and hearing/trial graphic consultants that provide litigation 24 support services (e.g., photocopying, videotaping, translating, preparing 25 exhibits or demonstrations, and organizing, storing, or retrieving data in any 26 form or medium) and their employees and subcontractors. 27 3.14 “Protected Material”: Any Disclosure or Discovery Material that 28 is designated as “CONFIDENTIAL.” PROTECTIVE ORDER

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1 3.15 “Receiving Party”: A Party that receives Disclosure or 2 Discovery Material from a Producing Party. 3 | 4. SCOPE 4 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. Any 9 | use of Protected Material at trial shall be governed by the orders of the trial judge. 10 | This Order does not govern the use of Protected Material at trial. 11 | 5. DURATION 12 Once a case proceeds to trial, absent a contrary order by the trial judge, 13 || Protected Material that was used or introduced as an exhibit at trial becomes public 14 | and will be presumptively available to all members of the public, including the 15 | press, unless compelling reasons supported by specific factual findings to proceed 16 | otherwise are made to the trial judge in advance of the trial. See Kamakana v. City 17 || and County of Honolulu,

(9th Cir. 2006) (distinguishing “good 18 || cause” showing for sealing documents produced in discovery from “compelling 19 | reasons” standard when merits-related documents are part of court record). 20 For Protected Material not used at trial, subject to Section 14 below, the 21 | confidentiality obligations imposed by this Order shall remain in effect, even after 22 | final disposition of this Action, until a Designating Party agrees otherwise in 23 | writing or a court order otherwise directs. Final disposition shall be deemed to be 24 | the later of: (1) dismissal of all claims and defenses in this Action, with or without 25 | prejudice; and (2) final judgment herein after the completion and exhaustion of all 26 | appeals, rehearings, remands, trials, or reviews of this Action, including the time 27 || limits for filing any motions or applications for extension of time pursuant to 28 || applicable law. PROTECTIVE ORDER

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1] 6. DESIGNATING PROTECTED MATERIALS 2 6.1 Exercise of Restraint and Care in Designating Material for 3 Protection. Each Party or Non-Party that designates information or items for 4 protection under this Stipulated Protective Order must take care to limit any 5 such designation to specific material that qualifies under the appropriate 6 standards. The Designating Party must designate for protection only those 7 parts of material, documents, items, or oral or written communications that 8 qualify so that other portions of the material, documents, items, or 9 communications for which protection is not warranted are not swept 10 unjustifiably within the ambit of this Stipulated Protective Order. Mass, 11 indiscriminate, or routinized designations of large swaths of documents are 12 prohibited. Designations that are shown to be clearly unjustified and not 13 inadvertent, or that have been made for an improper purpose (e.g., to 14 unnecessarily encumber or slow the case development process or to impose 15 unnecessary expenses and burdens on other parties) expose the Designating 16 Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items 18 that it designated for protection do not qualify for protection at all or do not 19 qualify for the level of protection initially asserted, that Designating Party 20 must promptly notify all other parties that it is withdrawing the mistaken 21 designation. 22 6.2 Manner and Timing of Designations. Except as otherwise 23 provided in this Stipulated Protective Order (see, e.g., Section 6.3 below), or 24 as otherwise stipulated or ordered, Disclosure or Discovery Material that 25 qualifies for protection under this Stipulated Protective Order must be clearly 26 so designated before or at the same time the material is disclosed or 27 produced. 28 Designation in conformity with this Stipulated Protective Order requires: PROTECTIVE ORDER

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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 the legend “CONFIDENTIAL” 4 to each page of a document that contains protected material. 5 b. A Party or Non-Party that makes original documents or 6 materials available for inspection need not designate them for protection until 7 after the inspecting Party has indicated which material it would like copied 8 and produced. During the inspection and before the designation, all of the 9 material made available for inspection shall be deemed “CONFIDENTIAL.” 10 After the inspecting Party has identified the documents it wants copied and 11 produced, the Producing Party must within seven (7) calendar days (a) 12 determine which documents, or portions thereof, qualify for protection under 13 this Stipulated Protective Order, and (b) produce the specified documents 14 with the appropriate legend (“CONFIDENTIAL’’) affixed to each document 15 that contains Protected Material. 16 Cc. For testimony given in depositions, that the Designating Party 17 identify the Disclosure or Discovery Material on the record before the close 18 of the deposition all protected testimony or within seven (7) calendar days 19 after receiving the deposition transcript in writing to Outside Counsel for the 20 other Party. Prior to expiration of the seven-day period, deposition testimony 21 shall be deemed “CONFIDENTIAL.” 22 d. For information produced in some form other than a document 23 and for any other tangible items, that the Producing Party affix in a 24 prominent place on the exterior of the container or containers in which the 25 information or item is stored the “CONFIDENTIAL” legend. If only a 26 portion or portions of the information warrants protection, the Producing 27 Party, to the extent practicable, shall identify the protected portion(s) and 28 specify the level of protection being asserted. PROTECTIVE ORDER

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1 6.3 Inadvertent Failures to Designate. If timely corrected, an 2 inadvertent failure to designate qualified information or items does not, 3 standing alone, waive the Designating Party’s right to secure protection 4 under this Stipulated Protective Order for such material. Upon timely 5 correction of a designation, the Receiving Party must make reasonable efforts 6 to assure that the material is treated in accordance with the provisions of this 7 Stipulated Protective Order. 8 | 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 7.1. Timing of Challenges. Any Party or Non-Party may challenge a 10 designation of confidentiality at any time prior to trial. A Party does not 11 waive its right to challenge a confidentiality designation by electing not to 12 mount a challenge promptly after the original designation is disclosed. 13 7.2 Meet and Confer. The Challenging Party shall initiate the 14 dispute resolution process under Local Rule 37-1 et seq. 15 7.3. Judicial Intervention. Any challenge submitted to the Court shall 16 be via a joint stipulation pursuant to Local Rule 37-2. The burden of 17 persuasion in any such challenge proceeding shall be on the Designating 18 Party. Frivolous challenges, and those made for an improper purpose (e.g., to 19 harass or impose unnecessary expenses and burdens on other parties) may 20 expose the Challenging Party to sanctions. Unless the Designating Party has 21 waived or withdrawn the confidentiality designation, all parties shall 22 continue to afford the material in question the level of protection to which it 23 is entitled under the Producing Party’s designation until the Court rules on 24 the challenge. 25 | 8. ACCESS TO AND USE OF PROTECTED MATERIAL 26 8.1 Basic Principles. A Receiving Party may use Protected Material 27 or any other information or documents that is disclosed or produced by 28 another Party or by a Non-Party in connection with this Action only for PROTECTIVE ORDER

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1 prosecuting, defending, or attempting to settle this Action. Such Protected 2 Material may be disclosed only to the categories of persons and under the 3 conditions described in this Stipulated Protective Order. When the Action has 4 been terminated, a Receiving Party must comply with the provisions of 5 Section 14 below. Protected Material must be stored and maintained by a 6 Receiving Party at a location and in a secure manner that ensures that access 7 is limited to the persons authorized under this Stipulated Protective Order. 8 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 9 otherwise ordered by the Court or permitted in writing by the Designating 10 Party, a Receiving Party may disclose any information or item designated 11 “CONFIDENTIAL” only to: 12 a. the Receiving Party’s Outside Counsel in this Action; 13 b. the Receiving Party’s In-House Counsel to whom disclosure is 14 reasonably necessary for this litigation; 15 C. the Receiving Party’s Experts to whom disclosure is reasonably 16 necessary for this Action and who have signed the “Acknowledgment and 17 Agreement to Be Bound” (attached as Exhibit A hereto), subject to Section 9 18 below; 19 d. the Court and its personnel; 20 e. court reporters and their staff, as well as Professional Vendors to 21 whom disclosure is reasonably necessary for this Action; 22 f. jury or trial consultants and mock jurors to whom disclosure is 23 reasonably necessary for this Action and who have signed the 24 “Acknowledgment and Agreement to be Bound” (Exhibit A); 25 g. during their depositions, any witness designated by the 26 Designating Party under Fed. R. Civ. P. 30(b)(6), the author or recipient of a 27 document containing the information or a custodian or other person whom 28 PROTECTIVE ORDER

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1 Counsel for the Receiving Party has a good faith basis to believe otherwise 2 previously had access to the information. 3 h. during their depositions, witnesses, and attorneys for witnesses, 4 in the Action to whom disclosure is reasonably necessary, provided: (1) if the 5 witness is not a witness employed by the Designating Party, the deposing 6 Party requests that the witness sign the “Acknowledgment and Agreement to 7 Be Bound” (Exhibit A); and (2) they will not be permitted to keep any 8 confidential information unless otherwise agreed by the Designating Party or 9 ordered by the Court. Pages of transcribed deposition testimony or exhibits to 10 depositions that reveal Protected Material may be separately bound by the 11 court reporter and may not be disclosed to anyone except as permitted under 12 this Stipulated Protective Order; and 13 1. any mediator or settlement officer, and their supporting 14 personnel, mutually agreed upon by any of the parties engaged in settlement 15 discussions. 16 | 9. PROCEDURES FOR APPROVING OR OBJECTING TO 17 DISCLOSURE OF “CONFIDENTIAL” INFORMATION OR ITEMS 18 TO EXPERTS. 19 a. Unless otherwise ordered by the Court or agreed to in writing by 20 the Designating Party, a Receiving Party that seeks to disclose to an Expert 21 (as defined in this Order) any information or item that has been designated 22 “CONFIDENTIAL” first must make a written request via e-mail to the 23 Designating Party’s Outside Counsel of Record. In the case of an Expert, the 24 written request must: (1) set forth the full name of the Expert and the city and 25 state of his or her primary residence, (2) attach a copy of the Expert’s current 26 resume or curriculum vitae, and (3) identify (by name and number of the case 27 and location of court) any litigation in connection with which the Expert has 28 offered expert testimony, including through a declaration, report, or 10 PROTECTIVE ORDER

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1 testimony at a deposition or trial, during the preceding four years. The 2 Designating Party shall have five (5) business days after confirmed receipt of 3 such notice to object in writing via email to the Receiving Party’s Outside 4 Counsel of Record that made the written e-mail request disclosing the Expert. 5 A Designating Party shall not object or otherwise refuse to approve an Expert 6 without cause or for the purpose of delay. 7 b. A Receiving Party that makes a request and provides the 8 information specified in the preceding respective paragraphs shall not 9 disclose the subject Protected Material to the identified Expert until 10 expiration of the 5-day notice period or written confirmation that no 11 objection will be forthcoming during that period. Any such objection must 12 set forth in detail the grounds on which it is based. If during the notice period 13 the Designating Party serves an objection upon the Receiving Party desiring 14 to disclose Protected Material to the Expert, there shall be no disclosure of 15 Protected Material to such individual pending resolution of the objection. A 16 Receiving Party that receives a timely written objection must meet and 17 confer with the Designating Party (through direct voice-to-voice dialogue) to 18 try to resolve the matter by agreement within three (3) business days after the 19 written objection is served. 20 C. If the Parties are unable to resolve any objection during the meet 21 and confer, the Producing Party may file a motion with the Court within 22 fifteen (15) days of the notice, or within such other time as the parties may 23 agree, seeking a protective order with respect to the proposed disclosure. In 24 any such proceeding, the Designating Party opposing disclosure to an Expert 25 shall bear the burden of proving that the risk of harm that the disclosure 26 would entail (under the safeguards proposed) outweighs the Receiving 27 Party’s need to disclose the Protected Material to a particular Expert. No 28 11 PROTECTIVE ORDER

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1 disclosure shall occur until all such objections are resolved by agreement or 2 court order. 3 | 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 4 PRODUCED IN OTHER LITIGATION 5 If a Party is served with a subpoena or a court order issued in other litigation 6 | that compels disclosure of any information or items designated in this Action as 7 | “CONFIDENTIAL” that Party must: 8 a. Promptly notify in writing the Designating Party. Such 9 notification shall include a copy of the subpoena or court order; 10 b. Promptly notify in writing the party who caused the subpoena or 11 order to issue in the other litigation that some or all of the material covered 12 by the subpoena or order is subject to this Stipulated Protective Order. Such 13 notification shall include a copy of this Stipulated Protective Order; and 14 Cc. Cooperate with respect to all reasonable procedures sought by 15 the Designating Party whose Protected Material may be affected. 16 If the Designating Party timely seeks a protective order, the Party served with 17 | the subpoena or court order shall not produce any information designated in this 18 | Action as “CONFIDENTIAL” before a determination by the court from which the 19 || subpoena or order issued, unless the Party has obtained the Designating Party’s 20 | permission. The Designating Party shall bear the burden and expense of seeking 21 | protection in that court of its confidential material — and nothing in these provisions 22 | should be construed as authorizing or encouraging a Receiving Party in this Action 23 || to disobey a lawful directive from another court. 24 | 11. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 25 PRODUCED IN THIS LITIGATION 26 The terms of this Stipulated Protective Order are applicable to information 27 || produced by a Non-Party in this Action and designated as “CONFIDENTIAL.” 28 | Such information produced by Non-Parties in connection with this litigation is 12 PROTECTIVE ORDER

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1 | protected by the remedies and relief provided by this Order. Nothing in these 2 | provisions should be construed as prohibiting a Non-Party from seeking additional 3 || protections. 4 In the event that a Party is required, by a valid discovery request, to produce 5 | a Non-Party’s confidential information in its possession, and the Party is subject to 6 | an agreement with the Non-Party not to produce the Non-Party’s confidential 7 | information, then the Party shall: 8 a. Promptly notify in writing the Requesting Party and the Non- 9 Party that some or all of the information requested is subject to a 10 confidentiality agreement with a Non-Party; 11 b. Promptly provide the Non-Party with a copy of this Stipulated 12 Protective Order in this Action, the relevant discovery request(s), and a 13 reasonably specific description of the information requested; and 14 Cc. Make the information requested available for inspection by the 15 Non-Party, if requested. 16 If the Non-Party fails to seek a protective order from this Court within 14 17 || days of receiving the notice and accompanying information, the Receiving Party 18 || may produce the Non-Party’s confidential information responsive to the discovery 19 | request. If the Non-Party timely seeks a protective order, the Receiving Party shall 20 | not produce any information in its possession or control that is subject to the 21 | confidentiality agreement with the Non-Party before a determination by the Court. 22 | Absent a court order to the contrary, the Non-Party shall bear the burden and 23 || expense of seeking protection in this Court of its Protected Material. 24 | 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 26 | Protected Material to any person or in any circumstance not authorized under this 27 | Stipulated Protective Order, the Receiving Party must immediately (1) notify in 28 || writing the Designating Party of the unauthorized disclosures, (2) use its best 13 PROTECTIVE ORDER

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1 | efforts to retrieve all unauthorized copies of the Protected Material, (3) inform the 2 | person or persons to whom unauthorized disclosures were made of all the terms of 3 | this Stipulated Protective Order, and (4) request such person or persons to execute 4 | the “Acknowledgment and Agreement to Be Bound” that is attached hereto as 5 | Exhibit A. 6 | 13. PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 7 MATERIAL 8 If any Receiving Party recognizes that any Producing Party may have 9 | produced material that is subject to a claim of privilege or other protection, it shall 10 | notify the Producing Party promptly. When a Producing Party gives notice to 11 | Receiving Parties that certain produced material is subject to a claim of privilege or 12 | other protection, either through discovery of the production on its own or after 13 | being notified by a Receiving Party, the obligations of the Receiving Parties are 14 | those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not 15 || intended to modify whatever procedure may be established in an e-discovery order 16 | that provides for production without prior privilege review. Pursuant to Federal 17 | Rule of Evidence 502(d) and (e), the production or disclosure of any document or 18 | thing (including information and Protected Material) otherwise protected by the 19 | attorney-client privilege, work product immunity, or other privilege or immunity 20 | shall not operate as a waiver of any such privilege or immunity. 21 | 14. MISCELLANEOUS 22 13.1 Right to Further Relief. Nothing in this Stipulated Protective Order 23 | abridges the right of any person to seek its modification by the Court in the future. 24 13.2 Right to Assert Other Objections. By stipulating to the entry of this 25 | Stipulated Protective Order, no Party waives any right it otherwise would have to 26 | object to disclosing or producing any information or item on any ground not 27 || addressed in this Stipulated Protective Order. Similarly, no Party waives any right 28 14 PROTECTIVE ORDER

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1 | to object on any ground to use in evidence of any of the material covered by this 2 | Stipulated Protective Order. 3 13.3 Use of a Party’s Own Protected Material. Nothing in this Stipulated 4 | Protective Order restricts in any way a Party’s use or disclosure of its own 5 | Protected Material. 6 13.4 No Presumption as to Confidentiality. The fact that information is 7 | marked with a confidentiality designation under the Protective Order shall not be 8 || deemed to be determinative of what a trier of fact may determine to be confidential, 9 | proprietary, or a trade secret. The fact that any information is disclosed, used, or 10 | produced in this Action with a confidentiality designation shall not be offered in 11 | any action or proceeding before any court, agency, or tribunal as evidence of or 12 | concerning whether or not such information is admissible, confidential, or 13 || proprietary. 14 13.5 Filing Protected Material. A Party that seeks to file under seal any 15 || Protected Material must comply with Civil Local Rule 79-5. Protected Material 16 | may be filed only under seal pursuant to a court order authorizing the sealing of the 17 | specific Protected Material at issue. If a Party's request to file Protected Material 18 | under seal is denied by the Court, then the Receiving Party may file the information 19 | in the public record unless otherwise instructed by the Court. 20 | 15. FINAL DISPOSITION 21 After the final disposition of this Action, as defined in Section 5, within sixty 22 | (60) days of a written request by the Designating Party, each Receiving Party must 23 | return all Protected Material to the Producing Party or destroy such material. As 24 | used in this subdivision, “all Protected Material” includes all copies, abstracts, 25 | compilations, summaries, and any other format reproducing or capturing any of the 26 | Protected Material. Whether the Protected Material is returned or destroyed, the 27 | Receiving Party must submit a written certification to the Producing Party (and, if 28 | not the same person or entity, to the Designating Party) by the sixty-day deadline 15 PROTECTIVE ORDER

Case 5:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 16 of 18 Page ID #:574 1 that (1) identifies (by category, where appropriate) all the Protected Material that 2 was returned or destroyed and (2) affirms that the Receiving Party has not retained 3 any copies, abstracts, compilations, summaries or any other format reproducing or 4 capturing any of the Protected Material. Notwithstanding this provision, Counsel 5 are entitled to retain an archival copy of all pleadings, motion papers, trial, 6 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 7 and trial exhibits, expert reports, attorney work product, and consultant and expert 8 work product, even if such materials contain Protected Material. Any such archival 9 copies that contain or constitute Protected Material remain subject to this Protective 10 Order as set forth in Section 5. 11 Any violation of this Order may be punished by any and all appropriate 12 measures including, without limitation, contempt proceedings and/or monetary 13 sanctions. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 PROTECTIVE ORDER Case 4:21-cv-01938-SSS-KK Document 57 Filed 02/08/23 Page 17 o0f18 Page ID#:575

1 | IT ISSO STIPULATED, THROUGH COUNSEL OF RECORD. 21 Dated: February 7, 2023 Respectfully submitted, 3 | SKIERMONT DERBY LLP WEIL, GOTSHAL & MANGES LLP 4 | /s/ Hajir Ardebili /s/ Benjamin E. Marks Mieke K. Malmberg (SBN 209992) Bambo Obaro (SBN 267683) 5 | [email protected] bambo.obaro@ weil. com Paul B. Derby (SBN 21 1352) WEIL, GOTSHAL & MANGES LLP 6 pderby@skicrmontderby-com 201 Redwood Shores Parkway ajir Ardebili (SBN 224624) Redwood Shores, CA 94065 7 hardebili@skiermontderby com Telephone: (099) 802-3000 Mane Sardaryan (SBN 287201) Facsimile: (650) 802-3100 8 msardaryan(@skicrmoniderby.com SKIERMONT DERBY LLP David J. Lender (pro hac vice) 9 |

" Street, Suite 5800 [email protected] Los Angeles, California 90071 Benjamin E. Marks (pro hac vice) 10 | Telephone: GBR) 788-4500 [email protected] Facsimile: (213) 788-4545 Sarah Ryu (pro hac vice) 1 Sarah. ryu@/weil.com Paul J. Skiermont [Pro Hac Vice] WEIL, GOTSHAL & MANGES LLP 12 pskiermont@skiermontderby,com 767 Fifth Avenue yan A. Hargrave [Pro Hac Vice] New York, NY 10153 13 thargrayve@s iermontderby.com Telephone: Ge) 310-8000 Alexander E. Gasser [Pro Hac Vice] Facsimile: (212) 310-8007 14 [email protected] SKIERMONT DERBY LLP Attorneys for Defendant 15 1601 Elm Street, Suite 4400 MGA ENTERTAINMENT, INC. Dallas, Texas 75201 16 | Telephone: (214) 978-6600 7 Facsimile: (214) 978-6601 Doug W. Colt (SBN 210915) 18 deolt@eoltlega .com COLT LEGAL GROUP 19 1034 Emerald Bay Road Suite 443 South Lake Tahoe, CA 96150 20 | Telephone: (628) 400-2658 Facsimile: (628) 400-2658 Attorneys for Plaintiff 22 | SHERRI BALDY 23 24 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 25 46 DATED: February 8, 2023 Len ky | | | Hon. Kenly Kaya Kato 27 United States Magistrate Judge 28 17 PROTECTIVE ORDER

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1 EXHIBIT A

2 ACKNOWLEDGE MENT AND AGREEMENT TO BE BOUND

3 I, __________________________________ [full name],

4 of _____________________________________________________ [full address],

5 declare under penalty of perjury that I have read in its entirety and understand the

6 Stipulated Protective Order that was issued by the United States District Court for

7 the Central District of California in the case of Sherri Baldy v. MGA Entertainment,

8 Inc., Case No. 1:21-cv-10938-SSS-KK (C.D. Cal.). I agree to comply with and to

9 be 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

11 punishment in the nature of contempt. I solemnly promise that I will not disclose in

12 any manner any information or item that is subject to this Stipulated Protective

13 Order to any person or entity except in strict compliance with the provisions of this

14 Order.

15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [full 19 name] of _____________________________ [full address and telephone number] 20 as my California agent for service of process in connection with this action or any 21 proceedings related to enforcement of this Stipulated Protective Order. 22 23 Date: _________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: ______________________________ 26 Signature: __________________________________ 27 28

EXHIBIT A – PROTECTIVE ORDER