Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 1 of 19 Page ID #:203

1 Robert AEsq. (SBN: 164670) [email protected] 2 KASHFIAN & KASHFIAN LLP 1875 Century Park East, Suite 360 3 Century City, California 90067 4 (310) 751 – 7578 | Telephone (310) 751 – 7579 | Fax 5 Attorneys for Plaintiff ROMA COSTUMES, INC. 6

7 [additional counsel on the next page]

8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA 10 ROMA COSTUMES, Inc., a California Case No. 2:22-cv-09104-RGK-RAO 11 corporation, 12 [Assigned to Hon. R. Gary Klausner, for all Plaintiff, purposes] 13 v. [Assigned to Hon. Rozella A. Oliver, for 14 discovery matters] 15 FENDI NORTH AMERICA, Inc., a New York corporation; FENDI, S.r.l., an Italian STIPULATED PROTECTIVE ORDER 16 limited liability company; MARC JACOBS 17 TRADEMARKS, LLC, a Delaware limited Complaint Filed: December 15, 2022 liability company; MARC JACOBS Trial Date: TBD 18 INTERNATIONAL, LLC, a Delaware limited liability company; and DOES 1-20, 19 inclusive, 20 Defendant. 21

22 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// Case No. 2:22-cv-09104-RGK-RAO 1 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 2 of 19 Page ID #:204

1 COMES NOW, Plaintiff ROMA COSTUMES, Inc., by and through its attorneys of 2 record, and Defendants FENDI NORTH AMERICA, Inc., FENDI S.r.l., MARC JACOBS 3 TRADEMARKS, LLC, and MARC JACOBS INTERNATIONAL, LLC, by and through 4 their attorneys of record, (collectively the “Parties,” each a “Party”), hereby stipulate and 5 agree as follows: 6 ARTICLE I. PURPOSES AND LIMITATIONS. 7 1.1 Purposes and Limitations. Disclosure and discovery activity in this Action are 8 likely to involve the production of confidential, proprietary, or private information 9 for which special protection from public disclosure and from use for any purpose 10 other than prosecuting this litigation may be warranted. Accordingly, the Parties 11 hereby stipulate to and petition the Court to enter the following Stipulated 12 Protective Order. 13 1.2 Acknowledgment of Procedure for Filing Under Seal. The Parties acknowledge 14 that this Stipulated Protective Order does not confer blanket protections on all 15 disclosures or responses to discovery and that the protection it affords from public 16 disclosure and use extends only to the limited information or items that are entitled 17 to confidential treatment under the applicable legal principles. The Parties further 18 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective 19 Order does not entitle them to file confidential information under seal; Civil Local 20 Rule 79-5 sets forth the procedures that must be followed and the standards that 21 will be applied when a Party seeks permission from the Court to file material under 22 seal. 23 There is a strong presumption that the public has a right of access to judicial 24 proceedings and records in civil cases. In connection with non-dispositive 25 motions, good cause must be shown to support a filing under seal. See Kamakana 26 v. City and County of Honolulu,

(9th Cir. 2006); Phillips v. 27 Gen. Motors Corp.,

, 1210-11 (9th Cir. 2002); Makar-Welbon v. 28 Case No. 2:22-cv-09104-RGK-RAO 2 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 3 of 19 Page ID #:205

1 Sony Electrics, Inc.,

(E.D. Wis. 1999) (even stipulated 2 protective orders require good cause showing), and a specific showing of good 3 cause or compelling reasons with proper evidentiary support and legal justification, 4 must be made with respect to Protected Material that a Party seeks to file under 5 seal. The Parties’ mere designation of Disclosure or Discovery Material as 6 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS' EYES 7 ONLY” does not—without the submission of competent evidence by declaration, 8 establishing that the material sought to be filed under seal qualifies as confidential, 9 privileged, or otherwise protectable—constitute good cause. 10 Further, if a Party requests sealing related to a dispositive motion or trial, then 11 compelling reasons, not only good cause, for the sealing must be shown, and the 12 relief sought shall be narrowly tailored to serve the specific interest to be 13 protected. See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 14 2010). For each item or type of information, document, or thing sought to be filed 15 or introduced under seal in connection with a dispositive motion or trial, the Party 16 seeking protection must articulate compelling reasons, supported by specific facts 17 and legal justification, for the requested sealing order. Again, competent evidence 18 supporting the application to file documents under seal must be provided by 19 declaration. 20 Any document that is not confidential, privileged, or otherwise protectable in its 21 entirety will not be filed under seal if the confidential portions can be redacted. If 22 documents can be redacted, then a redacted version for public viewing, omitting 23 only the confidential, privileged, or otherwise protectable portions of the document 24 shall be filed. Any application that seeks to file documents under seal in their 25 entirety should include an explanation of why redaction is not feasible. 26 27 1.3 Good Cause Statement. Good cause exists to enter into this Stipulated Protective 28 Order, as this Action is likely to involve trade secrets, customer and pricing lists Case No. 2:22-cv-09104-RGK-RAO 3 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 4 of 19 Page ID #:206

1 and other valuable research, development, commercial, financial, technical and/or 2 proprietary information for which special protection from public disclosure and 3 from use for any purpose other than prosecution of this action is warranted. Such 4 confidential and proprietary materials and information consist of, among other 5 things, confidential business or financial information, information regarding 6 confidential business practices, or other confidential research, development, or 7 commercial information (including information implicating privacy rights of third 8 parties), information otherwise generally unavailable to the public, or which may 9 be privileged or otherwise protected from disclosure under state or federal statutes, 10 court rules, case decisions, or common law. Accordingly, to expedite the flow of 11 information, to facilitate the prompt resolution of disputes over confidentiality of 12 discovery materials, to adequately protect information the parties are entitled to 13 keep confidential, to ensure that the Parties are permitted reasonable necessary 14 uses of such material in preparation for and in the conduct of trial, to address their 15 handling at the end of the litigation, and serve the ends of justice, a protective 16 order for such information is justified in this matter. It is the intent of the Parties 17 that information will not be designated as confidential for tactical reasons and that 18 nothing be so designated without a good faith belief that it has been maintained in 19 a confidential, non-public manner, and there is good cause why it should not be 20 part of the public record of this case. 21 ARTICLE II. DEFINITIONS. 22 2.1. Action: the instant Action: Roma Costumes, Inc., vs., Fendi North America, Inc., et 23 al., Case No. 2:22-cv-09104-RGK-RAO (C.D. Cal.) 24 2.2. Challenging Party: a Party or Non-Party that challenges the designation of 25 information or items under this Stipulated Protective Order. 26 2.3. “CONFIDENTIAL” Information or Items: information (regardless of how it is 27 generated, stored or maintained) or tangible things that qualify for protection under 28 Federal Rule of Civil Procedure 26(c). Case No. 2:22-cv-09104-RGK-RAO 4 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 5 of 19 Page ID #:207

1 2.4. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or 2 Items: information (regardless of how it is generated, stored, or maintained) or 3 tangible things shall mean Confidential Material or any information, document, or 4 thing or portion of any document or thing that contains highly sensitive business or 5 personal information, the disclosure of which is highly likely to cause significant 6 harm to an individual or to the business or competitive position of the designating 7 Party. 8 2.5. Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 9 well as their support staff). 10 2.6. Designating Party: a Party or Non-Party that designates information or items that 11 it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or 12 “HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY”. 13 2.7. Disclosure or Discovery Material: all items or information, regardless of the 14 medium or manner in which it is generated, stored, or maintained (including, 15 among other things, testimony, transcripts, and tangible things), that are produced 16 or generated in disclosures or responses to discovery in this Action. 17 2.8. Expert: a person with specialized knowledge or experience in a matter pertinent to 18 the litigation who has been retained by a Party or its Counsel to serve as an expert 19 witness or as a consultant in this Action. 20 2.9. House Counsel: attorneys who are employees of a party to this Action. House 21 Counsel does not include Outside Counsel of Record or any other outside counsel. 22 2.10. Non-Party: any natural person, partnership, corporation, association, or other legal 23 entity not named as a Party to this Action. 24 2.11. Outside Counsel of Record: attorneys who are not employees of a party to this 25 Action but are retained to represent or advise a party to this Action and have 26 appeared in this Action on behalf of that party or are affiliated with a law firm that 27 has appeared on behalf of that party and includes support staff. 28 2.12. Party: any party to this Action, including all of its officers, directors, employees, Case No. 2:22-cv-09104-RGK-RAO 5 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 6 of 19 Page ID #:208

1 consultants, retained experts, and Outside Counsel of Record (and their support 2 staffs). 3 2.13. Producing Party: a Party or Non-Party that produces Disclosure or Discovery 4 Material in this Action. 5 2.14. Professional Vendors: persons or entities that provide litigation support services 6 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, 7 and organizing, storing, or retrieving data in any form or medium) and their 8 employees and subcontractors. 9 2.15. Protected Material: any Disclosure or Discovery Material that is designated as 10 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES 11 ONLY.” 12 2.16. Receiving Party: a Party that receives Disclosure or Discovery Material from a 13 Producing Party. 14 ARTICLE III. SCOPE. 15 The protections conferred by this Stipulated Protective Order cover not only 16 Protected Material (as defined above), but also (1) any information copied or extracted 17 from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 18 Material; and (3) any testimony, conversations, or presentations by Parties or their 19 Counsel that might reveal Protected Material. However, the protections conferred by this 20 Stipulated Protective Order do not cover the following information: (a) any information 21 that is in the public domain at the time of disclosure to a Receiving Party or becomes part 22 of the public domain after its disclosure to a Receiving Party as a result of publication not 23 involving a violation of this Stipulated Protective Order, including becoming part of the 24 public record through trial or otherwise; and (b) any information known to the Receiving 25 Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a 26 source who obtained the information lawfully and under no obligation of confidentiality 27 to the Designating Party. Any use of Protected Material at trial shall be governed by a 28 separate agreement or order. This Stipulated Protective Order does not govern the use of Case No. 2:22-cv-09104-RGK-RAO 6 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 7 of 19 Page ID #:209

1 Protected Material at trial. 2 ARTICLE IV. DURATION. 3 Even after final disposition of this Action, the confidentiality obligations imposed 4 by this Stipulated Protective Order shall remain in effect until a Designating Party agrees 5 otherwise in writing or a court order otherwise directs. Final disposition shall be deemed 6 to be the later of (1) dismissal of all claims and defenses in this Action, with or without 7 prejudice; and (2) final judgment herein after the completion and exhaustion of all 8 appeals, rehearings, remands, trials, or reviews of this Action, including the time limits for 9 filing any motions or applications for extension of time pursuant to applicable law. 10 ARTICLE V. DESIGNATING PROTECTED MATERIAL. 11 5.1. Exercise of Restraint and Care in Designating Material for Protection. Each 12 Party or Non-Party that designates information or items for protection under this 13 Stipulated Protective Order must take care to limit any such designation to specific 14 material that qualifies under the appropriate standards. The Designating Party must 15 designate for protection only those parts of material, documents, items, or oral or 16 written communications that qualify so that other portions of the material, 17 documents, items, or communications for which protection is not warranted are not 18 swept unjustifiably within the ambit of this Stipulated Protective Order. 19 Mass, indiscriminate, or routinized designations are prohibited. Designations that 20 are shown to be clearly unjustified or that have been made for an improper purpose 21 (e.g., to unnecessarily encumber or retard the case development process or to 22 impose unnecessary expenses and burdens on other parties) expose the Designating 23 Party to sanctions. 24 If it comes to a Designating Party's attention that information or items that it 25 designated for protection do not qualify for protection, that Designating Party must 26 promptly notify all other Parties that it is withdrawing the mistaken designation. 27 5.2. Manner and Timing of Designations. Except as otherwise provided in this 28 Stipulated Protective Order (see, e.g., second paragraph of Section (a) below), or as Case No. 2:22-cv-09104-RGK-RAO 7 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 8 of 19 Page ID #:210

1 otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 2 protection under this Stipulated Protective Order must be clearly so designated 3 before the material is disclosed or produced. 4 Designation in conformity with this Stipulated Protective Order requires: 5 (a) for information in documentary form (e.g., paper or electronic documents, but 6 excluding transcripts of depositions or other pretrial or trial proceedings), that 7 the Producing Party affix the legend “CONFIDENTIAL” or “HIGHLY 8 CONFIDENTIAL -- ATTORNEYS' EYES ONLY” to each page that contains 9 Protected Material. If only a portion or portions of the material on a page 10 qualifies for protection, the Producing Party also must clearly identify the 11 protected portion(s) (e.g., by making appropriate markings in the margins). 12 A Party or Non-Party that makes original documents or materials available for 13 inspection need not designate them for protection until after the inspecting 14 Party has indicated which material it would like copied and produced. During 15 the inspection and before the designation, all of the material made available for 16 inspection shall be deemed “CONFIDENTIAL” or “CONFIDENTIAL— 17 ATTORNEYS' EYES ONLY,” at the option of the Producing Party. After the 18 inspecting Party has identified the documents it wants copied and produced, 19 the Producing Party must determine which documents, or portions thereof, 20 qualify for protection under this Stipulated Protective Order. Then, before 21 producing the specified documents, the Producing Party must affix the 22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES 23 ONLY” legend to each page that contains Protected Material. If only a portion 24 or portions of the material on a page qualifies for protection, the Producing 25 Party also must clearly identify the protected portion(s) (e.g., by making 26 appropriate markings in the margins). 27 (b) for testimony given in depositions or in other pretrial or trial proceedings, that 28 the Designating Party identify on the record, before the close of the deposition, Case No. 2:22-cv-09104-RGK-RAO 8 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 9 of 19 Page ID #:211

1 hearing, or other proceeding, all protected testimony. 2 (c) for information produced in some form other than documentary and for any 3 other tangible items, that the Producing Party affix in a prominent place on the 4 exterior of the container or containers in which the information or item is 5 stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- 6 ATTORNEYS' EYES ONLY.” If only a portion or portions of the information 7 or item warrant protection, the Producing Party, to the extent practicable, shall 8 identify the protected portion(s). 9 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 10 designate qualified information or items does not, standing alone, waive the 11 Designating Party's right to secure protection under this Stipulated Protective Order 12 for such material. Upon timely correction of a designation, the Receiving Party 13 must make reasonable efforts to assure that the material is treated in accordance 14 with the provisions of this Stipulated Protective Order. 15 ARTICLE VI. CHALLENGING CONFIDENTIALITY DESIGNATIONS. 16 6.1. Timing of Challenges. Any Party or Non-Party may challenge a designation of 17 confidentiality at any time. Unless a prompt challenge to a Designating Party's 18 confidentiality designation is necessary to avoid foreseeable, substantial unfairness, 19 unnecessary economic burdens, or a significant disruption or delay of the Action, a 20 Party or Non-Party does not waive its right to challenge a confidentiality 21 designation by electing not to mount a challenge promptly after the original 22 designation is disclosed. 23 6.2. Meet and Confer. The Challenging Party shall initiate the dispute resolution 24 process under Local Rule 37.1 et seq. 25 6.3. Judicial Intervention. The burden of persuasion in any such challenge proceeding 26 shall be on the Designating Party. Frivolous challenges, and those made for an 27 improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 28 other parties) may expose the Challenging Party to sanctions. Unless the Case No. 2:22-cv-09104-RGK-RAO 9 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 10 of 19 Page ID #:212

1 Designating Party has waived the confidentiality designation, all Parties shall 2 continue to afford the material in question the level of protection to which it is 3 entitled under the Producing Party's designation until the Court rules on the 4 challenge. 5 ARTICLE VII. ACCESS TO AND USE OF PROTECTED MATERIAL. 6 7.1. Basic Principles. A Receiving Party may use Protected Material that is disclosed or 7 produced by another Party or by a Non-Party in connection with this case only for 8 prosecuting, defending, or attempting to settle this Action. Such Protected Material 9 may be disclosed only to the categories of persons and under the conditions 10 described in this Stipulated Protective Order. When the Action has been terminated, 11 a Receiving Party must comply with the provisions of Article XIII below (FINAL 12 DISPOSITION). Protected Material must be stored and maintained by a Receiving 13 Party at a location and in a secure manner that ensures that access is limited to the 14 persons authorized under this Stipulated Protective Order. 15 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 16 ordered by the Court or permitted in writing by the Designating Party, a Receiving 17 Party may disclose any information or item designated “CONFIDENTIAL” only to: 18 (a) the Receiving Party's Outside Counsel of Record in this Action, as well as 19 employees of said Outside Counsel of Record to whom it is reasonably 20 necessary to disclose the information for this Action; 21 (b) the officers, directors, and employees (including House Counsel) of the 22 Receiving Party to whom disclosure is reasonably necessary for this Action; 23 (c) Experts (as defined in this Stipulated Protective Order) of the Receiving Party 24 to whom disclosure is reasonably necessary for this Action and who have 25 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (d) the Court and its personnel; 27 (e) court reporters and their staff; 28 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to Case No. 2:22-cv-09104-RGK-RAO 10 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 11 of 19 Page ID #:213

1 whom disclosure is reasonably necessary for this Action and who have signed 2 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (g) the author or recipient of a document containing the information or custodian 4 or other person who otherwise possessed or knew the information; 5 (h) during their depositions or as reasonably necessary in preparation therefor, 6 witnesses, and attorneys for witnesses, in the Action to whom disclosure is 7 reasonably necessary provided: (1) the deposing Party requests that the witness 8 sign the form attached as Exhibit 1 hereto; and (2) they will not be permitted to 9 keep any confidential information unless they sign the “Acknowledgment and 10 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the 11 Designating Party or ordered by the court. Pages of transcribed deposition 12 testimony or exhibits to depositions that reveal Protected Material must be 13 separately bound by the court reporter and may not be disclosed to anyone 14 except as permitted under this Stipulated Protective Order; 15 (i) any mediator or settlement officer, and their supporting personnel, mutually 16 agreed upon by any the Parties engaged in settlement discussion. 17 7.3. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 18 Information or Items. Unless otherwise ordered by the Court or permitted in 19 writing by the Designating Party, a Receiving Party may NOT disclose any 20 information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ 21 EYES ONLY” to (1) an officer, director, or employee of a Party, or (2) to Non- 22 Party (as defined in this Stipulated Protective Order) witnesses, but such 23 information or item may be shown to all other persons listed in Section 7.2. For 24 purposes of clarity only, any information or item designated “HIGHLY 25 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” maybe disclosed to Experts (as 26 defined in this Stipulated Protective Order) of the Receiving Party to whom 27 disclosure is reasonably necessary for this Action and who have signed the 28 “Acknowledgment and Agreement to Be Bound” (Exhibit A). Case No. 2:22-cv-09104-RGK-RAO 11 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 12 of 19 Page ID #:214

1 ARTICLE VIII. PROTECTED MATERIAL SUBPOENAED OR ORDERED 2 PRODUCED IN OTHER LITIGATION. 3 If a Party is served with a subpoena or a court order issued in other litigation that 4 compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY,” 6 that Party must: 7 (a) promptly notify in writing the Designating Party. Such notification shall 8 include a copy of the subpoena or court order; 9 (b) promptly notify in writing the Party who caused the subpoena or order to issue 10 in the other litigation that some or all of the material covered by the subpoena 11 or order is subject to this Stipulated Protective Order. Such notification shall 12 include a copy of this Stipulated Protective Order; and 13 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 14 Designating Party whose Protected Material may be affected. 15 If the Designating Party timely seeks a protective order, the Party served with the 16 subpoena or court order shall not produce any information designated in this Action as 17 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY” 18 before a determination by the Court from which the subpoena or order issued, unless the 19 Party has obtained the Designating Party's permission. The Designating Party shall bear 20 the burden and expense of seeking protection in that Court of its confidential material – 21 and nothing in these provisions should be construed as authorizing or encouraging a 22 Receiving Party in this Action to disobey a lawful directive from another Court. 23 ARTICLE IX. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE 24 PRODUCED IN THIS ACTION. 25 (a) The terms of this Stipulated Protective Order are applicable to information 26 produced by a Non-Party in this Action and designated as “CONFIDENTIAL” 27 or “HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY.” Such 28 information produced by Non-Parties in connection with this Action is Case No. 2:22-cv-09104-RGK-RAO 12 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 13 of 19 Page ID #:215

1 protected by the remedies and relief provided by this Stipulated Protective 2 Order. Nothing in these provisions should be construed as prohibiting a Non- 3 Party from seeking additional protections. 4 (b) In the event that a Party is required, by a valid discovery request, to produce a 5 Non-Party's confidential information in its possession, and the Party is subject 6 to an agreement with the Non-Party not to produce the Non-Party's 7 confidential information, then the Party shall: 8 (1) promptly notify in writing the Requesting Party and the Non-Party that 9 some or all of the information requested is subject to a confidentiality 10 agreement with a Non-Party; 11 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 12 Order in this Action, the relevant discovery request(s), and a reasonably 13 specific description of the information requested; and 14 (3) make the information requested available for inspection by the Non-Party. 15 (c) If the Non-Party fails to object or seek a protective order from this Court 16 within 14 days of receiving the notice and accompanying information, the 17 Receiving Party may produce the Non-Party's confidential information 18 responsive to the discovery request. If the Non-Party timely seeks a protective 19 order, the Receiving Party shall not produce any information in its possession 20 or control that is subject to the confidentiality agreement with the Non-Party 21 before a determination by the Court. Absent a court order to the contrary, the 22 Non-Party shall bear the burden and expense of seeking protection in this 23 Court of its Protected Material. 24 ARTICLE X. 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: 28 (a) notify in writing the Designating Party of the unauthorized disclosures; Case No. 2:22-cv-09104-RGK-RAO 13 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 14 of 19 Page ID #:216

1 (b) use its best efforts to retrieve all unauthorized copies of the Protected Material; 2 (c) inform the person or persons to whom unauthorized disclosures were made of 3 all the terms of this Stipulated Protective Order; and 4 (d) request such person or persons to execute the “Acknowledgment and 5 Agreement to Be Bound” that is attached hereto as Exhibit A. 6 ARTICLE XI. INADVERTENT PRODUCTION OF PRIVILEGED OR 7 OTHERWISE PROTECTED MATERIAL. 8 When a Producing Party gives notice to Receiving Parties that certain inadvertently 9 produced material is subject to a claim of privilege or other protection, the obligations of 10 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B), as 11 supplemented by the following provisions. 12 11.1. Non-Waiver. If, in connection with this Action, a Party inadvertently discloses 13 information subject to a claim of attorney-client privilege, attorney work product 14 protection, or other privilege or immunity from discovery (“Inadvertently Disclosed 15 Information”), pursuant to Federal Rule of Evidence 502(d), such disclosure shall 16 not constitute or be deemed a waiver or forfeiture of any claim of privilege, work 17 product protection, or other privilege or immunity from discovery with respect to 18 the Inadvertently Disclosed Information and its subject matter. 19 11.2. Procedure Regarding Inadvertently Disclosed Information. If a Producing 20 Party makes a claim of inadvertent disclosure, the Receiving Party shall, within five 21 business days, return or destroy all copies of the Inadvertently Disclosed 22 Information (other than portions of such material of back-up tapes or other similar 23 archived material, which will be destroyed in accordance with standard retention 24 policies and otherwise maintained in accordance with the Protective Order until 25 such time as it is destroyed), and provide a certification of counsel that all such 26 information has been returned or destroyed (except as provided herein). Within five 27 business days of the notification that such Inadvertently Disclosed Information has 28 been returned or destroyed (excepted as provided in the preceding sentence), the Case No. 2:22-cv-09104-RGK-RAO 14 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 15 of 19 Page ID #:217

1 Producing Party shall produce a privilege log with respect to the Inadvertently 2 Disclosed Information. The Receiving Party may move the Court for an Order 3 compelling production of the Inadvertently Disclosed Information. The motion 4 shall be filed under seal, and shall not assert as a ground for entering such an Order 5 the fact or circumstances of the inadvertent production. The Producing Party retains 6 the burden of establishing the privileged or protected nature of any Inadvertently 7 Disclosed Information. Nothing in this Order shall limit the right of any Party to 8 request an in camera review of the Inadvertently Disclosed Information. 9 ARTICLE XII. MISCELLANEOUS. 10 12.1. Right to Further Relief. Nothing in this Stipulated Protective Order abridges the 11 right of any person to seek its modification by the Court in the future. 12 12.2. Right to Assert Other Objections. By stipulating to the entry of this Stipulated 13 Protective Order no Party waives any right it otherwise would have to object to 14 disclosing or producing any information or item on any ground not addressed in 15 this Stipulated Protective Order. Similarly, no Party waives any right to object on 16 any ground to use in evidence of any of the material covered by this Stipulated 17 Protective Order. 18 12.3. Filing Protected Material. A Party that seeks to file under seal any Protected 19 Material must comply with Civil Local Rule 79-5. Protected Material may only be 20 filed under seal pursuant to a court order authorizing the sealing of the specific 21 Protected Material at issue. If a Receiving Party's request to file Protected Material 22 under seal is denied by the Court, then the Receiving Party may file the information 23 in the public record unless otherwise instructed by the Court. 24 ARTICLE XIII. FINAL DISPOSITION. 25 Within 60 days after the final disposition of this Action, as defined in Section 4, 26 each Receiving Party must return all Protected Material to the Producing Party or destroy 27 such material. As used in this subdivision, “all Protected Material” includes all copies, 28 abstracts, compilations, summaries, and any other format reproducing or capturing any of Case No. 2:22-cv-09104-RGK-RAO 15 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 16 of 19 Page ID #:218

1 the Protected Material. Whether the Protected Material is returned or destroyed, the 2 Receiving Party must submit a written certification to the Producing Party (and, if not the 3 same person or entity, to the Designating Party) by the 60 day deadline that: 4 (a) identifies (by category, where appropriate) all the Protected Material that was 5 returned or destroyed; and 6 (b) affirms that the Receiving Party has not retained any copies, abstracts, 7 compilations, summaries or any other format reproducing or capturing any of 8 the Protected Material. Notwithstanding this provision, Counsel are entitled to 9 retain an archival copy of all pleadings, motion papers, trial, deposition, and 10 hearing transcripts, legal memoranda, correspondence, deposition and trial 11 exhibits, expert reports, attorney work product, and consultant and expert work 12 product, even if such materials contain Protected Material. Any such archival 13 copies that contain or constitute Protected Material remain subject to this 14 Protective Order. 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// Case No. 2:22-cv-09104-RGK-RAO 16 STIPULATED PROTECTIVE ORDER Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 17 of19 Page ID #:219

1 || ARTICLE XIV. VIOLATION. 2 Any violation of this Stipulated Protective Order may be punished by any and all 3 || appropriate measures including, without limitation, contempt proceedings and/or 4 || monetary sanctions. 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 || Dated: March 24, 2023 /s/ Ryan D. Kashfian 7 Ryan D. Kashfian, Esq. Robert A. Kashfian, Esq. 8 George E. Akwo, Esq. 9 Eric W. Wang, Esq. KASHFIAN & KASHFIAN LLP 10 Attorneys for Plaintiff 1 ROMA COSTUMES, INC. 12 || Dated: March 24, 2023 /s/ Audrey Springer-Wilson Jodi S. Cohen, Esq. 13 Connor M. Trafton, Esq. 14 KEESAL, YOUNG & LOGAN 15 Robert E. Shapiro, Esq. 16 Maile H. Solis, Esq. \ Thomas M. Williams, Esq. 7 Audrey Springer-Wilson, Esq. 18 BARACK FERRAZZANO KIRSCHBAUM 19 & NAGELBERG LLP Attorneys for Defendants 20 FENDI NORTH AMERICA, Inc.; FENDI □ S.r.1; MARC JACOBS TRADEMARKS, LLC; MARC JACOBS INTERNATIONAL, 22 LLC. 53 Dated: March 24, 2023 /s/ Ryan D. Kashfian 24 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 25 26 || Dated: March 27, 2023 Rapelis, a. Q2@.~ 27 HON. ROZELLA A. OLIVER 28 UNITED STATES MAGISTRATE JUDGE Case No. 2:22-cv-09104-RGK-RAO 17 STIPULATED PROTECTIVE ORDER

Case 2:22-cv-09104-RGK-RAO Document 38 Filed 03/27/23 Page 18 of 19 Page ID #:220

1 SIGNATURE CERTIFICATION 2 Pursuant to Local Rule 5-4.3.4, Ryan D. Kashfian certifies that the content of this 3 document is acceptable to Jodi S. Cohen, Connor M. Trafton, Robert E. Shapiro, Maile H. 4 Solís, Thomas M. Williams, and Audrey Springer-Wilson, counsel for Defendants 5 NORTH AMERICA, Inc., FENDI S.r.l., MARC JACOBS TRADEMARKS, LLC, and 6 MARC JACOBS INTERNATIONAL, LLC, and that Ryan D. Kashfian has obtained 7 authorization from Ms. Audrey Springer-Wilson to affix her electronic signature to this 8 document. 9 Dated: March 24, 2023 /s/ Ryan D. Kashfian

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury that I 5 have read in its entirety and understand the Stipulated Protective Order that was issued by 6 the United States District Court for the Central District of California on [date] in the case 7 of Roma Costumes, Inc., vs., Fendi North America, Inc., et al., Case No. 2:22-cv-09104- 8 RGK-RAO (C.D. Cal.). I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order and I understand and acknowledge that failure to so comply 10 could expose me to sanctions and punishment in the nature of contempt. I solemnly 11 promise that I will not disclose in any manner any information or item that is subject to 12 this Stipulated Protective Order to any person or entity except in strict compliance with 13 the provisions of this Order. I further agree to submit to the jurisdiction of the United 14 States District Court for the [federal judicial district of pending action] for the purpose of 15 enforcing the terms of this Stipulated Protective Order, even if such enforcement 16 proceedings occur after termination of this Action. I hereby appoint 17 __________________________ [print or type full name] of 18 ______________________________________ [print or type full address and telephone 19 number] as my [State in which action is pending] agent for service of process in 20 connection with this Action or any proceedings related to enforcement of this Stipulated 21 Protective Order. 22 Date: 23 City and State where sworn and signed: 24

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Case No. 2:22-cv-09104-RGK-RAO 19 STIPULATED PROTECTIVE ORDER