Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 1 of 18 Page ID #:186

1 ISABELLE L. ORD (Bar No. 198224) [email protected] 2 DLA PIPER LLP (US) 3 555 Mission Street, Suite 2400 San Francisco, CA 94105-2933 4 Tel: 415.836.2500 5 Fax: 415.836.2501

6 Attorneys for Defendant 7 SELECTBLINDS LLC

8

9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 ROGER BARR, individually and on CASE NO. 2:22-CV-08326-SPG-PD behalf of all others similarly situated, 12 STIPULATED PROTECTIVE 13 Plaintiff, ORDER1 v. 14 Courtroom: 5C SELECTBLINDS LLC, Judge: Hon. Sherilyn Peace 15 Defendant. Garnett 16 17 18 19 20 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 CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 2 of 18 Page ID #:187

1 1.1 PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production 3 of confidential, proprietary, or private information for which special protection from 4 public disclosure and from use for any purpose other than prosecuting this litigation 5 may be warranted. Accordingly, the parties hereby stipulate to and petition the Court 6 to enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to discovery 8 and 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 1.2 GOOD CAUSE STATEMENT 12 This putative class action involves claims relating to Defendant SelectBlinds 13 LLC’s alleged sales practices and is therefore likely to involve sensitive trade secrets, 14 confidential and proprietary customer and pricing lists and related information, 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 and financial information, information regarding confidential 20 business practices, or other confidential research, development, or commercial 21 information (including information implicating privacy rights of third parties), 22 information otherwise generally unavailable to the public. Accordingly, to expedite 23 the flow of information, to facilitate the prompt resolution of disputes over 24 confidentiality of discovery materials, to adequately protect information the parties 25 are entitled to keep confidential, to ensure that the parties are permitted reasonable 26 necessary uses of such material in preparation for and in the conduct of trial, to address 27 their handling at the end of the litigation, and serve the ends of justice, a protective 28 order for such information is justified. It is the intent of the parties that information 1 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 3 of 18 Page ID #:188

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

(9th Cir. 2006), Phillips v. Gen. Motors 16 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 17 Inc.,

(E.D. Wis. 1999) (even stipulated protective orders require 18 good cause showing), and a specific showing of good cause or compelling reasons 19 with proper evidentiary support and legal justification, must be made with respect to 20 Protected Material that a party seeks to file under seal. The parties’ mere designation 21 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 22 submission of competent evidence by declaration, establishing that the material 23 sought to be filed under seal qualifies as confidential, privileged, or otherwise 24 protectable—constitute good cause. 25 Further, if a party requests sealing related to a dispositive motion or trial, then 26 compelling reasons, not only good cause, for the sealing must be shown, and the 27 relief sought shall be narrowly tailored to serve the specific interest to be protected. 28 2 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 4 of 18 Page ID #:189

1 See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For each 2 item or type of information, document, or thing sought to be filed or introduced under 3 seal in connection with a dispositive motion or trial, the party seeking protection 4 must articulate compelling reasons, supported by specific facts and legal 5 justification, for the requested sealing order. Again, competent evidence supporting 6 the application to file documents under seal must be provided by declaration. 7 Any document that is not confidential, privileged, or otherwise protectable in 8 its entirety will not be filed under seal if the confidential portions can be redacted. If 9 documents can be redacted, then a redacted version for public viewing, omitting only 10 the confidential, privileged, or otherwise protectable portions of the document, shall 11 be filed. Any application that seeks to file documents under seal in their entirety 12 should include an explanation of why redaction is not feasible. 13 2. DEFINITIONS 14 2.1 Challenging Party: a Party or Non-Party that challenges the designation 15 of information or items under this Order. 16 2.2 “CONFIDENTIAL” Information or Items: information (regardless of 17 how it is generated, stored or maintained) or tangible things that qualify for protection 18 under Federal Rule of Civil Procedure 26(c). 19 2.3 Counsel (without qualifier): Outside Counsel and House Counsel (as 20 well as their support staff). 21 2.4 Designating Party: a Party or Non-Party that designates information or 22 items that it produces in disclosures or in responses to discovery as 23 “CONFIDENTIAL.” 24 2.5 Disclosure or Discovery Material: all items or information, regardless of 25 the medium or manner in which it is generated, stored, or maintained (including, 26 among other things, testimony, transcripts, and tangible things), that are produced or 27 generated in disclosures or responses to discovery in this matter. 28 3 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 5 of 18 Page ID #:190

1 2.6 Expert: a person who has been retained by a Party or its counsel to serve 2 as an expert witness or as a consultant in this action. 3 2.7 House Counsel: attorneys who are employees of a party to this action. 4 House Counsel does not include Outside Counsel or any other outside counsel. 5 2.8 Non-Party: any natural person, partnership, corporation, association, or 6 other legal entity not named as a Party to this action. 7 2.9 Outside Counsel: attorneys who are not employees of a party to this 8 action but are retained to represent or advise a party to this action. 9 2.10 Party: any party to this action, including all of its officers, directors, 10 employees, consultants, members, retained experts, and Outside Counsel (and their 11 support staffs). 12 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 13 Discovery Material in this action. 14 2.12 Professional Vendors: persons or entities that provide litigation support 15 services (e.g., photocopying, videotaping, translating, preparing exhibits or 16 demonstrations, and organizing, storing, or retrieving data in any form or medium) 17 and their employees and subcontractors. 18 2.13 Protected Material: any Disclosure or Discovery Material that is 19 designated as “CONFIDENTIAL.” 20 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material 21 from a Producing Party. 22 3. SCOPE 23 The protections conferred by this Stipulation and Order cover not only 24 Protected Material (as defined above), but also (1) any information copied or extracted 25 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 26 Protected Material; and (3) any testimony, conversations, or presentations by Parties 27 or their Counsel that might reveal Protected Material. However, the protections 28 conferred by this Stipulation and Order do not cover the following information: (a) 4 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 6 of 18 Page ID #:191

1 any information that is in the public domain at the time of disclosure to a Receiving 2 Party or becomes part of the public domain after its disclosure to a Receiving Party 3 as a result of publication not involving a violation of this Order, including becoming 4 part of the public record through trial or otherwise; and (b) any information known to 5 the Receiving Party prior to the disclosure or obtained by the Receiving Party after 6 the disclosure from a source who obtained the information lawfully and who did not 7 breach any obligation of confidentiality to the Designating Party by disclosing or 8 providing it to the Receiving Party. 9 This Order does not govern the use of Protected Material at trial. Any use of 10 Protected Material at trial shall be governed by a separate agreement or order. 11 4. DURATION 12 Even after final disposition of this litigation, the confidentiality obligations 13 imposed by this Order shall remain in effect until a Designating Party agrees 14 otherwise in writing or a court order otherwise directs. Final disposition shall be 15 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 16 or without prejudice; and (2) final judgment herein after the completion and 17 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 18 including the time limits for filing any motions or applications for extension of time 19 pursuant to applicable law. 20 5. DESIGNATING PROTECTED MATERIAL 21 5.1 Exercise of Restraint and Care in Designating Material for Protection. 22 Each Party or Non-Party that designates information or items for protection under this 23 Order must take care to limit any such designation to specific material that qualifies 24 under the appropriate standards. The Designating Party must designate for protection 25 only those parts of material, documents, items, or oral or written communications that 26 qualify – so that other portions of the material, documents, items, or communications 27 for which protection is not warranted are not swept unjustifiably within the ambit of 28 this Order. 5 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 7 of 18 Page ID #:192

1 Mass, indiscriminate, or routinized designations are prohibited. Designations 2 that are shown to be clearly unjustified or that have been made for an improper 3 purpose (e.g., to unnecessarily encumber or retard the case development process or to 4 impose unnecessary expenses and burdens on other parties) may expose the 5 Designating Party to sanctions. 6 If it comes to a Designating Party’s attention that information or items that it 7 designated for protection do not qualify for protection, that Designating Party must 8 promptly notify all other Parties that it is withdrawing the mistaken designation. 9 5.2 Manner and Timing of Designations. Except as otherwise provided in 10 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise 11 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 12 under this Order must be clearly so designated before the material is disclosed or 13 produced. 14 Designation in conformity with this Order requires the following: 15 (a) For information in documentary form (e.g., paper or electronic documents, 16 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 17 Producing Party affix the legend “CONFIDENTIAL” to each page that contains 18 protected material. If only a portion or portions of the material on a page qualifies for 19 protection, the Producing Party also must clearly identify the protected portion(s) 20 (e.g., by making appropriate markings in the margins). For documents produced in 21 electronic native format (e.g., Excel files) the Producing Party may include 22 CONFIDENTIAL in the file title. 23 A Party or Non-Party that makes original documents or materials available for 24 inspection need not designate them for protection until after the inspecting Party has 25 indicated which material it would like copied and produced. During the inspection 26 and before the designation, all of the material made available for inspection shall be 27 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 28 it wants copied and produced, the Producing Party must determine which documents, 6 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 8 of 18 Page ID #:193

1 or portions thereof, qualify for protection under this Order. Then, before producing 2 the specified documents, the Producing Party must affix the “CONFIDENTIAL” 3 legend to each page that contains Protected Material. If only a portion or portions of 4 the material on a page qualifies for protection, the Producing Party also must clearly 5 identify the protected portion(s) (e.g., by making appropriate markings in the 6 margins). 7 (b) for testimony given in deposition or in other pretrial or trial proceedings, 8 that the Designating Party identify on the record, before the close of the deposition, 9 hearing, or other proceeding, all protected testimony. 10 (c) for information produced in some form other than documentary and for any 11 other tangible items, that the Producing Party affix in a prominent place on the exterior 12 of the container or containers in which the information or item is stored the legend 13 “CONFIDENTIAL.” If only a portion or portions of the information or item warrant 14 protection, the Producing Party, to the extent practicable, shall identify the protected 15 portion(s). 16 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 17 failure to designate qualified information or items does not, standing alone, waive the 18 Designating Party’s right to secure protection under this Order for such material. 19 Upon timely correction of a designation, the Receiving Party must make reasonable 20 efforts to assure that the material is treated in accordance with the provisions of this 21 Order. 22 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 24 designation of confidentiality at any time. Unless a prompt challenge to a Designating 25 Party’s confidentiality designation is necessary to avoid foreseeable, substantial 26 unfairness, unnecessary economic burdens, or a significant disruption or delay of the 27 litigation, a Party does not waive its right to challenge a confidentiality designation 28 7 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 9 of 18 Page ID #:194

1 by electing not to mount a challenge promptly after the original designation is 2 disclosed. 3 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 4 resolution process by providing written notice of each designation it is challenging 5 and describing the basis for each challenge. The parties shall attempt to resolve each 6 challenge in good faith and must begin the process by conferring directly within 7 7 days of the date of service of notice. In conferring, the Challenging Party must explain 8 the basis for its belief that the confidentiality designation was not proper and must 9 give the Designating Party an opportunity to review the designated material, to 10 reconsider the circumstances, and, if no change in designation is offered, to explain 11 the basis for the chosen designation. A Challenging Party may proceed to the next 12 stage of the challenge process only if it has engaged in this meet and confer process 13 first or establishes that the Designating Party is unwilling to participate in the meet 14 and confer process in a timely manner. 15 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without 16 court intervention, the Designating Party shall file and serve a motion to retain 17 confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule 79- 18 5, if applicable) within 21 days of the initial notice of challenge or within 14 days of 19 the parties agreeing that the meet and confer process will not resolve their dispute, 20 whichever is earlier. Each such motion must be accompanied by a competent 21 declaration affirming that the movant has complied with the meet and confer 22 requirements imposed in the preceding paragraph. Failure by the Designating Party 23 to make such a motion including the required declaration within 21 days (or 14 days, 24 if applicable) shall automatically waive the confidentiality designation for each 25 challenged designation. In addition, the Challenging Party may file a motion 26 challenging a confidentiality designation at any time if there is good cause for doing 27 so, including a challenge to the designation of a deposition transcript or any portions 28 thereof. Any motion brought pursuant to this provision must be accompanied by a 8 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 10 of 18 Page ID #:195

1 competent declaration affirming that the movant has complied with the meet and 2 confer requirements imposed by the preceding paragraph. 3 The burden of persuasion in any such challenge proceeding shall be on the 4 Designating Party. Frivolous challenges, and those made for an improper purpose 5 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 6 expose the Challenging Party to sanctions. Unless the Designating Party has waived 7 the confidentiality designation by failing to file a motion to retain confidentiality as 8 described above, or has withdrawn the designation, all parties shall continue to afford 9 the material in question the level of protection to which it is entitled under the 10 Producing Party’s designation until the court rules on the challenge. 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 12 7.1 Basic Principles. A Receiving Party may use Protected Material that is 13 disclosed or produced by another Party or by a Non-Party in connection with this case 14 only as reasonably necessary for prosecuting, defending, or attempting to settle this 15 litigation. Such Protected Material may be disclosed only to the categories of persons 16 and under the conditions described in this Order. When the litigation has been 17 terminated, a Receiving Party must comply with the provisions of Section 13 below 18 (FINAL DISPOSITION). 19 Protected Material must be stored and maintained by a Receiving Party at a 20 location and in a secure manner that ensures that access is limited to the persons 21 authorized under this Order. 22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 23 otherwise permitted by this Stipulated Protective Order, ordered by the court, or 24 permitted in writing by the Designating Party, a Receiving Party may disclose any 25 information or item designated “CONFIDENTIAL” only to: 26 (a) the Receiving Party’s Outside Counsel in this action, as well as employees 27 of said Outside Counsel to whom it is reasonably necessary to disclose the information 28 for this litigation; 9 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 11 of 18 Page ID #:196

1 (b) the officers, directors, and employees (including House Counsel) of the 2 Receiving Party to whom disclosure is reasonably necessary for this litigation and 3 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure 5 is reasonably necessary for this litigation and who have signed the “Acknowledgment 6 and Agreement to Be Bound” (Exhibit A); 7 (d) the Court and its personnel; 8 (e) court reporters and their staff; 9 (f) professional jury or trial consultants, mock jurors, and Professional Vendors 10 to whom disclosure is reasonably necessary for this litigation and who have signed 11 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (g) during their depositions, witnesses in the action to whom disclosure is 13 reasonably necessary and who are employees, directors, or officers of a Party or who 14 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 15 otherwise agreed by the Designating Party or ordered by the court. Pages of 16 transcribed deposition testimony or exhibits to depositions that reveal Protected 17 Material must be separately bound by the court reporter and may not be disclosed to 18 anyone except as permitted under this Stipulated Protective Order. 19 (h) the author or recipient of a document containing the information or a 20 custodian or other person who otherwise possessed or knew the information; 21 (i) any mediator or ADR provider that is assisting the parties with potential 22 settlement, and their personnel 23 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 24 PRODUCED IN OTHER LITIGATION 25 If a Party is served with a subpoena or a court order issued in other litigation 26 that compels disclosure of any information or items designated in this action as 27 “CONFIDENTIAL,” that Party must: 28 10 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 12 of 18 Page ID #:197

1 (a) promptly notify in writing the Designating Party. Such notification shall 2 include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order to 4 issue in the other litigation that some or all of the material covered by the subpoena 5 or order is subject to this Protective Order. Such notification shall include a copy of 6 this Stipulated Protective Order; and 7 If the Designating Party timely seeks a protective order, the Party served with 8 the subpoena or court order shall not produce any information designated in this action 9 as “CONFIDENTIAL” before a determination by the court from which the subpoena 10 or order issued, unless the Party has obtained the Designating Party’s permission or 11 has been ordered to do so by the court from which the subpoena or order issued. The 12 Designating Party shall bear the burden and expense of seeking protection in that court 13 of its confidential material – and nothing in these provisions should be construed as 14 authorizing or encouraging a Receiving Party in this action to disobey a lawful 15 directive from another court. 16 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 17 PRODUCED IN THIS LITIGATION 18 (a) The terms of this Order are applicable to information produced by a Non- 19 Party in this action and designated as “CONFIDENTIAL.” Such information 20 produced by Non-Parties in connection with this litigation is protected by the 21 remedies and relief provided by this Order. Nothing in these provisions should be 22 construed as prohibiting a Non-Party from seeking additional protections. 23 (b) In the event that a Party is required, by a valid discovery request, to produce 24 a Non-Party’s confidential information in its possession, and the Party is subject to an 25 agreement with the Non-Party not to produce the Non-Party’s confidential 26 information, then the Party shall: 27 28 11 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 13 of 18 Page ID #:198

1 (1) promptly notify in writing the Requesting Party and the Non-Party that 2 some or all of the information requested is subject to a confidentiality agreement with 3 a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 5 Order in this litigation, the relevant discovery request(s), and a reasonably specific 6 description of the information requested; and 7 (3) make the information requested available for inspection by the Non-Party, 8 if requested. 9 (c) If the Non-Party fails to object or seek a protective order from this court 10 within 14 days of receiving the notice and accompanying information, the Receiving 11 Party may produce the Non-Party’s confidential information responsive to the 12 discovery request. If the Non-Party timely seeks a protective order, the Receiving 13 Party shall not produce any information in its possession or control that is subject to 14 the confidentiality agreement with the Non-Party before a determination by the court, 15 unless the Party has obtained the Non-Party’s permission or has been ordered to do 16 so by the court from which the subpoena or order issued. Absent a court order to the 17 contrary, the Non-Party shall bear the burden and expense of seeking protection in 18 this court of its Protected Material. 19 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 20 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 21 Protected Material to any person or in any circumstance not authorized under this 22 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 23 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 24 to retrieve or destroy all unauthorized copies of the Protected Material, (c) inform the 25 person or persons to whom unauthorized disclosures were made of all the terms of 26 this Order, and (d) request such person or persons to execute the “Acknowledgment 27 and Agreement to Be Bound” that is attached hereto as Exhibit A. 28 12 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 14 of 18 Page ID #:199

1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other protection, 5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 7 may be established in an e-discovery order that provides for production without prior 8 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), the parties 9 have reached an agreement on the effect of disclosure of a communication or 10 information covered by the attorney-client privilege or work product protection, as 11 set forth in Section 14. 12 12. MISCELLANEOUS 13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 14 person to seek its modification by the Court in the future. 15 12.2 Right to Assert Other Objections. By stipulating to the entry of this 16 Protective Order, no Party waives any right it otherwise would have to object to 17 disclosing or producing any information or item on any ground not addressed in this 18 Stipulated Protective Order. Similarly, no Party waives any right to object on any 19 ground to use in evidence of any of the material covered by this Protective Order. 20 12.3 Filing Protected Material. Without written permission from the 21 Designating Party or a court order secured after appropriate notice to all interested 22 persons, a Party may not file in the public record in this action any Protected Material. 23 A Party that seeks to file under seal any Protected Material must comply with Civil 24 Local Rule 79-5.2.2. Protected Material may only be filed under seal pursuant to a 25 court order authorizing the sealing of the specific Protected Material at issue. 26 Notwithstanding the foregoing and anything else in this Order, if a Receiving Party's 27 request to file Protected Material under seal is denied by the court, then the Receiving 28 13 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 15 of 18 Page ID #:200

1 Party may file the information in the public record unless otherwise instructed by the 2 court. 3 13. FINAL DISPOSITION 4 Within 60 days after the later of both (1) a final disposition of this action, as 5 defined in paragraph 4 and (2) a written request by the Producing Party, each 6 Receiving Party must return all Protected Material to the Producing Party or destroy 7 such material, subject to the exceptions below. As used in this subdivision, “all 8 Protected Material” includes all copies, abstracts, compilations, summaries, and any 9 other format reproducing or capturing any of the Protected Material. Whether the 10 Protected Material is returned or destroyed, the Receiving Party must submit a written 11 certification to the Producing Party (and, if not the same person or entity, to the 12 Designating Party) by the 60 day deadline that affirms that the Receiving Party has 13 not retained any copies, abstracts, compilations, summaries or any other format 14 reproducing or capturing any of the Protected Material, subject to the exceptions 15 below. Notwithstanding this provision, Counsel are entitled to retain an archival copy 16 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 17 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 18 work product, emails and associated attachments, and consultant and expert work 19 product, even if such materials contain Protected Material. Any such archival copies 20 that contain or constitute Protected Material remain subject to this Protective Order 21 as set forth in Section 4 (DURATION). 22 14. FEDERAL RULE OF EVIDENCE 502(d) ORDER 23 Pursuant to Fed. R. Evid. 502(d), the production of any documents, 24 electronically stored information (ESI) or information, whether inadvertent or 25 otherwise, in this proceeding shall not, for the purposes of this proceeding or any other 26 federal or state proceeding, constitute a waiver by the producing party of any privilege 27 applicable to those documents, including the attorney-client privilege, attorney work- 28 product protection, or any other privilege or protection recognized by law. This 14 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 24|22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 16o0f18 Page ID #:201

1 || Stipulation and Order shall be interpreted to provide the maximum protection allowed 2 || by Fed. R. Evid. 502(d). The provisions of Fed. R. Evid. 502(b) do not apply. Nothing 3 ||contained herein is intended to or shall serve to limit a Party’s right to conduct a 4 ||review of documents, ESI or information (including metadata) for relevance, 5 ||responsiveness and/or segregation of privileged and/or protected information before 6 || production. Information produced in discovery that is protected as privileged or work 7 || product shall be promptly returned to the Producing Party or destroyed at the request 8 || of the Producing Party. 9 FOR GOOD CAUSE SHOWN, THROUGH COUNSEL OF RECORD. 10 11 || Dated: March 13, 2023 DLA PIPER LLP (US) 12 By: /s/ Isabelle L. Ord 13 ISABELLE L. ORD 14 Attorneys for Defendant 15 SELECTBLINDS LLC

16 || Dated: March 13, 2023 DOVEL & LUNER, LLP V7 By: /s/ Simon Carlo Franzini 18 CHRISTIN KYUNGSIK CHO 19 SIMON CARLO FRANZINI GRACE BENNETT 20 Attorneys for Plaintiffs 71 ROGER BARR 22 3 PURSUANT TO STIPULATION, IT IS SO ORDERED. 24 44, Ve + 5 Dated: March 15, 2023 — Fabaaes Mrqahoe_ _ HON. PATRICIA DONAHUE 26 UNITED STATES MAGISTRATE JUDGE 27 28 BS STIPULATED PROTECTIVE ORDER WEST302226949.1 CASE NO. 2:22-CV-08326-SPG-PD

Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 17 of 18 Page ID #:202

1 ATTORNEY ATTESTATION 2

3 Pursuant to C.D. Cal. Civil L.R. 5-4.3.4(a)(2)(i), I attest that concurrence in 4 the filing of this document has been obtained from the signatory shown above and 5 that the signatory has authorized placement of their electronic signature on this 6 7 document. 8 Executed on March 13, 2023, at Moraga, California. 9 /s/ Isabelle L. Ord 10 Isabelle L. Ord 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1 Case 2:22-cv-08326-SPG-PD Document 27 Filed 03/15/23 Page 18 of 18 Page ID #:203

1 2 EXHIBIT A 3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury that 6 I have read in its entirety and understand the Stipulated Protective Order that was 7 issued by the United States District Court for the Central District of California on 8 [date] in the case of Roger Barr v. SelectBlinds LLC, Case No. 2:22-cv-08326-SPG- 9 PD. I agree to comply with and to be bound by all the terms of this Stipulated 10 Protective Order and I understand and acknowledge that failure to so comply could 11 expose me to sanctions and punishment in the nature of contempt. I solemnly promise 12 that I will not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance with 14 the provisions of this 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. 19 Date: ______________________________________ 20 City and State where sworn and signed: ____________________________ 21 22 Printed name: _______________________________ 23 24 Signature: __________________________________ 25 26 27 28 17 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-08326-SPG-PD WEST\302226949.1