Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 1 of 19 Page ID #:514

1

2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 BRASSERIE DE TAHITI, a Tahitian Case No. 2:22-CV-3363-RGK-GJS corporation, 12 STIPULATED PROTECTIVE ORDER1 Plaintiff, 13 The Honorable Magistrate Judge Gail J. v. Standish 14 OCEANDLESS DESIGNS, INC., a California 15 corporation; AJALANI MAKAENA, an individual; OCEANDLESS DESIGNS, LLC, a 16 dissolved California limited lability company; and DOES 1 to 10, 17 Defendants 18

19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, proprietary, or 21 private information for which special protection from public disclosure and from use for any 22 purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby 23 stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties 24 acknowledge that this Order does not confer blanket protections on all disclosures or responses to 25 discovery and that the protection it affords from public disclosure and use extends only to the 26 limited information or items that are entitled to confidential treatment under the applicable legal 27

28 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Gail J. Standish’s Procedures. Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 2 of 19 Page ID #:515

11 principles. 22 B. GOOD CAUSE STATEMENT 33 This action is likely to involve confidential, proprietary, or sensitive materials and valuable 44 commercial, operational, and financial information of the parties, as well as such materials and 55 information of third parties, for which special protection from public disclosure and from use for 66 any purpose other than prosecution of this action is warranted. Such confidential and proprietary 77 materials and information consist of, among other things: (a) confidential and proprietary materials 88 and information (e.g., sketches, notes, worksheets, communications, etc.) related to the conception, 99 creation and development of fashion garment designs (e.g., pattern, style, motif, construction, 1100 shape, etc.), including unreleased and in-progress projects; (b) confidential business or financial 1111 information (i.e., pricing lists, vendor contacts, contract terms, etc.); (c) information regarding 1122 confidential business practices (e.g., agreements and practices with and of vendors, contractors, 1133 etc.); and (d) information implicating privacy rights of third parties, that is generally unavailable to 1144 the public, or which may be privileged or otherwise protected from disclosure under state or federal 1155 statutes, court rules, case decisions, or common law. In particular, such confidential and proprietary 1166 materials and information includes the aforementioned types of materials and information 1177 belonging to the Parties, respectively, as well as related to (and in some cases belonging to) third 1188 parties that are or may be contract counterparties, vendors, and/or competitors of Plaintiff. 1199 Accordingly, the disclosure of such materials and information would result in significant 2200 competitive harm to, without limitation, Plaintiff, Defendants, and those third parties, as well as the 2211 forgoing individuals and entities’ business relationships with those third parties, vendors, designers, 2222 business contacts, and other entities integral to the Parties’ and third parties’ businesses. 2233 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes 2244 over confidentiality of discovery materials, to adequately protect information the parties are entitled 2255 to keep confidential, to ensure that the Parties are permitted reasonable necessary uses of such 2266 material in preparation for and in the conduct of trial, to address their handling at the end of the 2277

2288 -2- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 3 of 19 Page ID #:516

11 litigation, and serve the ends of justice, a protective order for such information is justified in this 22 matter. It is the intent of the parties that information will not be designated as confidential for 33 tactical reasons and that nothing be so designated without a good faith belief that it has been 44 maintained in a confidential, non-public manner, and there is good cause why it should not be part 55 of the public record of this case. 66 C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER SEAL 77 The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 88 Protective Order does not entitle them to file confidential information under seal; Local Civil Rule 99 79-5 sets forth the procedures that must be followed and the standards that will be applied when a 1100 party seeks permission from the Court to file material under seal. 1111 The parties agree to abide by all parts of L.R. 79-5.2.2 and to promptly respond to 1122 communications related to any party filing a document marked as CONFIDENTIAL or HIGHLY 1133 CONFIDENTIAL – ATTORNEY’S EYES ONLY. 1144 There is a strong presumption that the public has a right of access to judicial proceedings 1155 and records in civil cases. In connection with non-dispositive motions, good cause must be shown 1166 to support a filing under seal. See Kamakana v. City and County of Honolulu,

, 1176 1177 (9th Cir. 2006), Phillips v. Gen. Motors Corp.,

, 1210-11 (9th Cir. 2002), Makar- 1188 Welbon v. Sony Electrics, Inc.,

(E.D. Wis. 1999) (even stipulated protective 1199 orders require good cause showing), and a specific showing of good cause or compelling reasons 2200 with proper evidentiary support and legal justification, must be made with respect to Protected 2211 Material that a party seeks to file under seal. The parties’ mere designation of Disclosure or 2222 Discovery Material as CONFIDENTIAL does not—without the submission of competent evidence 2233 by declaration, establishing that the material sought to be filed under seal qualifies as confidential, 2244 privileged, or otherwise protectable—constitute good cause. 2255 Further, if a party requests sealing related to a dispositive motion or trial, then compelling 2266 reasons, not only good cause, for the sealing must be shown, and the relief sought shall be narrowly 2277

2288 -3- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 4 of 19 Page ID #:517

11 tailored to serve the specific interest to be protected. See Pintos v. Pacific Creditors Ass’n, 605

, 677-79 (9th Cir. 2010). For each item or type of information, document, or thing sought 33 to be filed or introduced under seal in connection with a dispositive motion or trial, the party seeking 44 protection must articulate compelling reasons, supported by specific facts and legal justification, 55 for the requested sealing order. Again, competent evidence supporting the application to file 66 documents under seal must be provided by declaration. 77 Any document that is not confidential, privileged, or otherwise protectable in its entirety 88 will not be filed under seal if the confidential portions can be redacted. If documents can be 99 redacted, then a redacted version for public viewing, omitting only the confidential, privileged, or 1100 otherwise protectable portions of the document shall be filed. Any application that seeks to file 1111 documents under seal in their entirety should include an explanation of why redaction is not 1122 feasible. 1133 2. DEFINITIONS 1144 2.1 Action: This pending federal lawsuit. 1155 2.2 Challenging Party: A Party or Non-Party that challenges the designation of 1166 information or items under this Order. 1177 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is 1188 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 1199 of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 2200 2.4 “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” Information or 2211 Items: any Confidential information containing highly sensitive and proprietary strategic planning, 2222 financial, customer, technical or trade secret information that the designing party or non-party 2233 respondent in good faith and for an articulable reason or reasons believes would cause severe 2244 damage to it or to a non-party if such information were to be disclosed to another party. 2255 2.5 Counsel: Outside Counsel of Record and In-House Counsel (as well as their support 2266 staff). 2277

2288 -4- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 5 of 19 Page ID #:518

11 2.6 Designating Party: A Party or Non-Party that designates information or items that it 22 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY 33 CONFIDENTIAL - ATTORNEY’S EYES ONLY”. 44 2.7 Disclosure or Discovery Material: All items or information, regardless of the 55 medium or manner in which it is generated, stored, or maintained (including, among other things, 66 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 77 responses to discovery in this matter. 88 2.8 Expert: A person with specialized knowledge or experience in a matter pertinent to 99 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 1100 consultant in this Action. 1111 2.9 In-House Counsel: Attorneys who are employees of a party to this Action. In-House 1122 Counsel does not include Outside Counsel of Record or any other outside counsel. 1133 2.10 Non-Party: Any natural person, partnership, corporation, association, or other legal 1144 entity not named as a Party to this action. 1155 2.11 Outside Counsel of Record: Attorneys who are not employees of a party to this 1166 Action but are retained to represent or advise a party to this Action and have appeared in this Action 1177 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party, 1188 and includes support staff. 1199 2.12 Party: Any party to this Action, including all of its officers, directors, employees, 2200 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2211 2.13 Producing Party: A Party or Non-Party that produces Disclosure or Discovery 2222 Material in this Action. 2233 2.14 Professional Vendors: Persons or entities that provide litigation support services 2244 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 2255 storing, or retrieving data in any form or medium) and their employees and subcontractors. 2266 2.15 Protected Material: Any Disclosure or Discovery Material that is designated as 2277

2288 -5- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 6 of 19 Page ID #:519

11 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEY’S EYES ONLY”. 22 2.16 Receiving Party: A Party that receives Disclosure or Discovery Material from a 33 Producing Party. 44 3. SCOPE 55 The protections conferred by this Stipulation and Order cover not only Protected Material 66 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 77 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 88 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 99 Any use of Protected Material at trial shall be governed by the orders of the trial judge. This 1100 Order does not govern the use of Protected Material at trial. 1111 4. DURATION 1122 FINAL DISPOSITION of the action is defined as the conclusion of any appellate 1133 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run. Except as set 1144 forth below, the terms of this protective order apply through FINAL DISPOSITION of the action. 1155 The parties may stipulate that the they will be contractually bound by the terms of this agreement 1166 beyond FINAL DISPOSITION, but will have to file a separate action for enforcement of the 1177 agreement once all proceedings in this case are complete. 1188 Once a case proceeds to trial, information that was designated as CONFIDENTIAL or 1199 HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY maintained pursuant to this Protective 2200 Order and used or introduced as an exhibit at trial becomes public and will be presumptively 2211 available to all members of the public, including the press, unless compelling reasons supported by 2222 specific factual findings to proceed otherwise are made to the trial judge in advance of the trial. See 2233 Kamakana,

(distinguishing “good cause” showing for sealing documents 2244 produced in discovery from “compelling reasons” standard when merits-related documents are part 2255 of court record). Accordingly, for such materials, the terms of this protective order do not extend 2266 beyond the commencement of the trial. 2277

2288 -6- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 7 of 19 Page ID #:520

11 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 33 or Non-Party that designates information or items for protection under this Order must take care to 44 limit any such designation to specific material that qualifies under the appropriate standards. The 55 Designating Party must designate for protection only those parts of material, documents, items, or 66 oral or written communications that qualify so that other portions of the material, documents, items, 77 or communications for which protection is not warranted are not swept unjustifiably within the 88 ambit of this Order. 99 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 1100 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 1111 encumber the case development process or to impose unnecessary expenses and burdens on other 1122 parties) may expose the Designating Party to sanctions. If it comes to a Designating Party’s 1133 attention that information or items that it designated for protection do not qualify for protection, 1144 that Designating Party must promptly notify all other Parties that it is withdrawing the inapplicable 1155 designation. 1166 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 1177 (see, e.g., second paragraph of section 5.2(b) below), or as otherwise stipulated or ordered, 1188 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 1199 designated before the material is disclosed or produced. 2200 Designation in conformity with this Order requires: 2211 (a) For information in documentary form (e.g., paper or electronic documents, but 2222 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 2233 affix at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or 2244 “HIGHLY CONFIDENTIAL - ATTORNEY’S EYES ONLY” (hereinafter “HIGHLY 2255 CONFIDENTIAL” legend), to each page that contains protected material. If only a portion or 2266 portions of the material on a page qualifies for protection, the Producing Party also must clearly 2277

2288 -7- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 8 of 19 Page ID #:521

11 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 22 A Party or Non-Party that makes original documents available for inspection need not 33 designate them for protection until after the inspecting Party has indicated which documents it 44 would like copied and produced. During the inspection and before the designation, all of the 55 material made available for inspection shall be deemed “CONFIDENTIAL” or “HIGHLY 66 CONFIDENTIAL - ATTORNEY’S EYES ONLY.” After the inspecting Party has identified the 77 documents it wants copied and produced, the Producing Party must determine which documents, 88 or portions thereof, qualify for protection under this Order. Then, before producing the specified 99 documents, the Producing Party must affix the appropriate confidentiality designation to each page 1100 that contains Protected Material. If only a portion or portions of the material on a page qualifies for 1111 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 1122 appropriate markings in the margins). 1133 (b) For testimony given in depositions that the Designating Party identify the Disclosure 1144 or Discovery Material on the record, before the close of the deposition, all protected testimony. The 1155 Designating party has 30 days following the receipt of the official transcript by the Designating 1166 Party to identify the specific portions of the testimony as to which protection is sought. Only those 1177 portions of the testimony that are appropriately designated for protection within the 30 days shall 1188 be covered by the provisions of this Protective Order. Alternatively, a Designating Party may 1199 specify, at the deposition or hearing or up to 30 days following receipts of the official deposition 2200 transcript by the Designating Party if that period is properly invoked, that the entire transcript shall 2211 be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEY’S EYES 2222 ONLY”. 2233 Parties shall give the other Parties notice if they reasonably expect a deposition, hearing or 2244 other proceeding to include Protected Material so that the other parties can ensure that only 2255 authorized individuals who have signed the “Acknowledgement and Agreement to be Bound” 2266 (Exhibit A) are present at those proceedings. Parties shall act with caution at court hearings and 2277

2288 -8- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 9 of 19 Page ID #:522

11 conferences so as not to disclose Protected Material publicly without providing an opportunity for 22 the Designating Party to be heard concerning, as appropriate, sealing the courtroom, sealing the 33 transcript, or other relief. For court hearings and conferences, a Party shall provide at least 48 hours’ 44 notice to the Designating Party before discussing, displaying, submitting as evidence, or otherwise 55 entering into the record any Protected Material produced by the Designating Party. Notwithstanding 66 the foregoing sentence, this advance-notice requirement shall not apply in circumstances where the 77 Party could not have reasonably anticipated so using Protected Material at the court hearing or 88 conference. The Designating Party may move to seal the Protected Material or for other relief either 99 in writing or orally, either before or during the court hearing or conference. The use of a document 1100 as an exhibit at a deposition shall not in any way affect its designation as “CONFIDENTIAL” or 1111 “HIGHLY CONFIDENTIAL - ATTORNEY’S EYES ONLY.” 1122 Transcripts containing Protected Material shall have an obvious legend on the titled page 1133 that the transcripts contain Protected Material, and the title page shall be followed by a list of all 1144 pages (including line numbers as appropriate) that have been designated as Protected Material. The 1155 Designating Party shall inform the court reporter of these requirements. Any transcript that is 1166 prepared before the expiration of a 30-day period for designation shall be treated during that period 1177 as if it had been designated “HIGHLY CONFIDENTIAL - ATTORNEY’S EYES ONLY” in its 1188 entirety unless otherwise agreed. After the expiration of that period, the transcript shall be treated 1199 only as actually designated. 2200 (c) For information produced in some form other than documentary and for any other 2211 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 2222 or containers in which the information is stored the legend “CONFIDENTIAL” or “HIGHLY 2233 CONFIDENTIAL - ATTORNEY’S EYES ONLY.” If only a portion or portions of the information 2244 warrants protection, the Producing Party, to the extent practicable, shall identify the protected 2255 portion(s). 2266 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 2277

2288 -9- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 10 of 19 Page ID #:523

11 designate qualified information or items does not, standing alone, waive the Designating Party’s 22 right to secure protection under this Order for such material. Upon timely correction of a 33 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 44 in accordance with the provisions of this Order. 55 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 66 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 77 confidentiality at any time that is consistent with the Court’s Scheduling Order. 88 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 99 under Local Rule 37-1 et seq. 1100 6.3 Judicial Intervention. The burden of persuasion in any such challenge proceeding 1111 shall be on the Designating Party. Frivolous challenges, and those made for an improper purpose 1122 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose the 1133 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the 1144 confidentiality designation, all parties shall continue to afford the material in question the level of 1155 protection to which it is entitled under the Producing Party’s designation until the Court rules on 1166 the challenge. 1177 7. ACCESS TO AND USE OF PROTECTED MATERIAL 1188 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 1199 produced by another Party or by a Non-Party in connection with this Action only for prosecuting, 2200 defending, or attempting to settle this Action. Such Protected Material may be disclosed only to the 2211 categories of persons and under the conditions described in this Order. When the Action has been 2222 terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 2233 DISPOSITION). 2244 Protected Material must be stored and maintained by a Receiving Party at a location and in 2255 a secure manner that ensures that access is limited to the persons authorized under this Order. 2266 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 2277

2288 -10- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 11 of 19 Page ID #:524

11 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 22 information or item designated “CONFIDENTIAL” only to: 33 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 44 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 55 information for this Action; 66 (b) the officers, directors, and employees (including In-House Counsel) of the 77 Receiving Party to whom disclosure is reasonably necessary for this Action; 88 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 99 reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement 1100 to Be Bound” (Exhibit A); 1111 (d) the court and its personnel; 1122 (e) court reporters and their staff; 1133 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to 1144 whom disclosure is reasonably necessary for this Action and who have signed the 1155 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 1166 (g) the author or recipient of a document containing the information or a custodian or 1177 other person who otherwise possessed or knew the information; 1188 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to 1199 whom disclosure is reasonably necessary provided: (1) the deposing party requests that the witness 2200 sign the form attached as Exhibit A hereto; and (2) they will not be permitted to keep any 2211 confidential information unless they sign the “Acknowledgment and Agreement to Be Bound” 2222 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 2233 transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be 2244 separately bound by the court reporter and may not be disclosed to anyone except as permitted 2255 under this Stipulated Protective Order; and 2266 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed 2277

2288 -11- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 12 of 19 Page ID #:525

11 upon by any of the parties engaged in settlement discussions. 22 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” 33 Information or Items. Unless otherwise ordered by the court or permitted in writing by the 44 Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY 55 CONFIDENTIAL – ATTORNEY’S EYES ONLY” only to: 66 (a) the Receiving Party’s Outside Counsel of Record in this Action; the Receiving 77 Party’s In-House Counsel to whom it is reasonably necessary to disclose the information; and 88 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 99 information for this Action; 1100 (b) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 1111 reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement 1122 to Be Bound” (Exhibit A); 1133 (c) the court and its personnel; 1144 (d) court reporters and their staff; 1155 (e) professional jury or trial consultants, mock jurors, and Professional Vendors to 1166 whom disclosure is reasonably necessary for this Action and who have signed the 1177 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 1188 (f) the author or recipient of a document containing the information or a custodian or 1199 other person who otherwise possessed or knew the information; 2200 (g) during their depositions, witnesses, and attorneys for witnesses, in the Action to 2211 whom disclosure is reasonably necessary provided: (1) the deposing party requests that the witness 2222 sign the form attached as Exhibit A hereto; and (2) attorneys for witnesses will not be permitted to 2233 keep any HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY information unless they sign 2244 the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the 2255 Designating Party or ordered by the court. For the avoidance of doubt, witnesses will not be 2266 permitted to retain copies of any HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY 2277

2288 -12- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 13 of 19 Page ID #:526

11 information following the conclusion of the deposition absent an express agreement by the parties 22 to the contrary, which agreement shall be effective only upon its reduction to writing. Pages of 33 transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be 44 separately bound by the court reporter and may not be disclosed to anyone except as permitted 55 under this Stipulated Protective Order; and 66 (h) any mediator or settlement officer, and their supporting personnel, mutually agreed 77 upon by any of the parties engaged in settlement discussions. 88 Nothing in this Section 7.3 shall be construed to prevent the Parties from agreeing that 99 specified documents designated “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” 1100 hereunder, or categories of such documents, may be disclosed to specified individuals or categories 1111 of individuals not set forth in this Section. 1122 7.4 Custody of Executed Copies of “Acknowledgment and Agreement to Be Bound” 1133 (Exhibit A) and Providing Copies to other Party. As to each executed copy of an “Acknowledgment 1144 and Agreement to Be Bound” (Exhibit A) required to be procured by a Party under this Protective 1155 order, the procuring party shall retain the original executed copy and shall produce a copy to the 1166 other party upon Court order. All such executed copies of Exhibit A shall themselves be treated as 1177 CONFIDENTIAL information. Notwithstanding any contrary language in this Protective Order 1188 with respect to retaining CONFIDENTIAL information following final disposition of this Action, 1199 each party and its Outside Counsel of Record may retain executed copies of Exhibit A indefinitely. 2200 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 2211 LITIGATION 2222 If a Party is served with a subpoena or a court order issued in other litigation that compels 2233 disclosure of any information or items designated in this Action as “CONFIDENTIAL” or 2244 “HIGHLY CONFIDENTIAL - ATTORNEY’S EYES ONLY,” that Party must: 2255 (a) promptly notify in writing the Designating Party. Such notification shall include a 2266 copy of the subpoena or court order; 2277

2288 -13- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 14 of 19 Page ID #:527

11 (b) promptly notify in writing the party who caused the subpoena or order to issue in 22 the other litigation that some or all of the material covered by the subpoena or order is subject to 33 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 44 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 55 Designating Party whose Protected Material may be affected. 66 If the Designating Party timely seeks a protective order, the Party served with the subpoena 77 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 88 or “HIGHLY CONFIDENTIAL - ATTORNEY’S EYES ONLY” before a determination by the 99 court from which the subpoena or order issued, unless the Party has obtained the Designating 1100 Party’s permission. The Designating Party shall bear the burden and expense of seeking protection 1111 in that court of its confidential material and nothing in these provisions should be construed as 1122 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive from 1133 another court. 1144 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 1155 LITIGATION 1166 (a) The terms of this Order are applicable to information produced by a Non-Party in 1177 this Action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - 1188 ATTORNEY’S EYES ONLY.” Such information produced by Non-Parties in connection with this 1199 litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions 2200 should be construed as prohibiting a Non-Party from seeking additional protections. 2211 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 2222 Party’s confidential information in its possession, the Party is subject to an agreement with the Non- 2233 Party not to produce the Non-Party’s confidential information, and that agreement does not by its 2244 terms authorize production of the Non-Party’s confidential information under the terms of this 2255 Stipulated Protective Order (e.g., by authorizing production of information subject to a 2266 confidentiality designation), then the Party shall: 2277

2288 -14- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 15 of 19 Page ID #:528

11 (1) promptly notify in writing the Requesting Party and the Non-Party that some 22 or all of the information requested is subject to a confidentiality agreement with a Non- 33 Party; 44 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 55 Order in this Action, the relevant discovery request(s), and a reasonably specific description 66 of the information requested; and 77 (3) make the information requested available for inspection by the Non-Party, if 88 requested. 99 (c) If the Non-Party fails to seek a protective order from this court within 14 days of 1100 transmission of the notice and accompanying information, the Receiving Party may produce the 1111 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 1122 seeks a protective order, the Receiving Party shall not produce any information in its possession or 1133 control that is subject to the confidentiality agreement with the Non-Party before a determination 1144 by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense 1155 of seeking protection in this court of its Protected Material. 1166 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 1177 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 1188 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 1199 the Receiving Party must immediately (a) notify in writing the Designating Party of the 2200 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 2211 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 2222 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 2233 Agreement to Be Bound” that is attached hereto as Exhibit A. 2244 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 2255 MATERIAL 2266 When a Producing Party gives notice to Receiving Parties that certain inadvertently 2277

2288 -15- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 16 of 19 Page ID #:529

11 produced material is subject to a claim of privilege or other protection, the obligations of the 22 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 33 is not intended to modify whatever procedure may be established in an e-discovery order that 44 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 55 502(d), in the event that privileged or protected material is inadvertently produced or disclosed, 66 such inadvertent production or disclosure shall in no way prejudice or otherwise constitute a waiver 77 of, or estoppel as to, any claim of attorney-client privilege, attorney work product protection, or 88 other applicable protection in this case or any other federal or state proceeding, provided that the 99 Producing Party shall notify the Receiving Party in writing of such protection or privilege promptly 1100 after the Producing Party discovers such materials have been inadvertently produced. Pursuant to 1111 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of 1122 disclosure of a communication or information covered by the attorney-client privilege or work 1133 product protection, the parties may incorporate their agreement in the stipulated protective order 1144 submitted to the court. 1155 12. MISCELLANEOUS 1166 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 1177 seek its modification by the Court in the future. 1188 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 1199 no Party waives any right it otherwise would have to object to disclosing or producing any 2200 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 2211 Party waives any right to object on any ground to use in evidence of any of the material covered by 2222 this Protective Order. 2233 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected Material 2244 must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant 2255 to a court order authorizing the sealing of the specific Protected Material at issue. If a Party’s 2266 request to file Protected Material under seal is denied by the court, then the Receiving Party may 2277

2288 -16- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 17 of 19 Page ID #:530

11 file the information in the public record unless otherwise instructed by the court. 22 12.4 Right to Seek Further Protection. Nothing in this Stipulated Protective Order shall 33 be construed to preclude any Party from asserting in good faith that certain Protected materials 44 require additional protections. The Parties shall meet and confer to agree upon the terms of such 55 additional protection. 66 12.5 Additional Signatories. Any Party or Non-Party to this Proceeding who has not 77 executed this Stipulated Protective Order as of the time it is presented to the Court for signature 88 may thereafter become a Party to this Stipulated Protective Order by its counsel’s signing and 99 dating a copy thereof and filing the same with the Court, and serving copies of such signed and 1100 dated copy upon the other Parties to this Stipulated Protective Order. 1111 13. FINAL DISPOSITION 1122 After the final disposition of this Action, as defined in paragraph 4, within 60 days of a 1133 written request by the Designating Party, each Receiving Party must return all Protected Material 1144 to the Producing Party or destroy such material. As used in this subdivision, “all Protected Material” 1155 includes all copies, abstracts, compilations, summaries, and any other format reproducing or 1166 capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, 1177 the Receiving Party must submit a written certification to the Producing Party (and, if not the same 1188 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, 1199 where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the 2200 Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format 2211 reproducing or capturing any of the Protected Material. Notwithstanding this provision, Counsel 2222 and each Party are entitled to retain an archival copy of all pleadings, motion papers, trial, 2233 deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 2244 expert reports, attorney work product, and consultant and expert work product, even if such 2255 materials contain or attach Protected Material. For the avoidance of doubt, the foregoing sentence 2266 shall entitle the Parties and Counsel only to retain Protected Material that is contained or 2277

2288 -17- Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page180f19 Page ID #:531

1 || incorporated in, or attached to, the materials described in said foregoing sentence. Any such 2 || archival copies that contain or constitute Protected Material remain subject to this Protective Order 3 || as set forth in Section 4 (DURATION). 4 14. VIOLATION 5 Any violation of this Order may be punished by any and all appropriate measures including, 6 || without limitation, contempt proceedings and/or evidentiary, terminating, or monetary sanctions. 8 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 DATED: March 20, 2023 i /s/ Diego B. Flores 12 a 3 Attorney for Plaintiff 14 15 DATED: March 20, 2023 16 /s/ Kainoa Asuega 17 Attorney for Defendants 18 19 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 21 DATED: March 21, 2023 22 23 24 HON. GAIL J. STANDISH 25 United States Magistrate Judge 26 27 28 -18-

Case 2:22-cv-03363-RGK-GJS Document 63 Filed 03/21/23 Page 19 of 19 Page ID #:532

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _______________________________________ [print or type full name], of 5 _____________________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that was issued by 7 the United States District Court for the Central District of California on [date] in the case of 8 Brasserie de Tahiti v. Oceandless Design, Inc., et al (2:22-cv-03363-RGK-GJS). I agree to 9 comply with and to be bound by all the terms of this Stipulated Protective Order and I understand 10 and acknowledge that failure to so comply could expose me to sanctions and punishment in the 11 nature of contempt. I solemnly promise that I will not disclose in any manner any information or 12 item that is subject to this Stipulated Protective Order to any person or entity except in strict 13 compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the 14 United States District Court for the Central District of California for the purpose of enforcing the 15 terms of this Stipulated Protective Order, even if such enforcement proceedings occur after 16 termination of this action. I hereby appoint ______________________________[print or type 17 full name] of _________________________________ [print or type full address and telephone 18 number] as my California agent for service of process in connection with this action or any 19 proceedings related to enforcement of this Stipulated Protective Order. 20 Date: _________________________________________ 21 City and State where sworn and signed: ______________________________________ 22 Printed name: __________________________________ 23 Signature: _____________________________________

24

25 26 27 28