GREENBERG TRAURIG, LLP GREENBERG TRAURIG, LLP 1 ANDREW F. HALABY (282519) REBEKAH S. GUYON (291037) 2 [email protected] [email protected] 2375 E. Camelback Road JONATHAN S. GOLDSTEIN (318990) 3 Suite 800 [email protected] 4 Phoenix, AZ 85016 SAMIR HAKIM (345778) Telephone: (602) 445-8000 [email protected] 5 Facsimile: (310) 586-7800 1840 Century Park East, Suite 1900 6 Los Angeles, California 90067 JACQUELINE BROUSSEAU (admitted Telephone: (310) 586-7700 7 pro hac vice) Facsimile: (310) 586-7800 8 [email protected] 77 West Wacker Drive, Suite 3100 9 Chicago, IL 60601 10 Telephone: (312) 456-8400 Facsimile: (312) 456-8435 11 Attorneys for Plaintiff, Jabari Shelton 12 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 JABARI SHELTON, an individual Case No. 2:23-cv-03316-GW (PDx) 16 Plaintiff, and related consolidated case: 17 v. No. 2:22-cv-5921-GW (PDx) 18 LVDV HOLDINGS, LLC, a New 19 York limited liability company, STIPULATED PROTECTIVE FREDERICK HUNTER, an ORDER1 20 individual, BLUEPRINT APPAREL GROUP, INC., a 21 California corporation, and JOHN DOES 1-10, individuals, 22 Defendants. 23 24 25 26

27 1 This Stipulated Protective Order is substantially based on the model protective 1 LVDV HOLDINGS, LLC, a New York limited liability company, 2

Plaintiff, 3

v. 4

JABARI SHELTON, an individual, 5

Defendant. 6

7

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be 5 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter 6 the following Stipulated Protective Order. The parties acknowledge that this Order 7 does not confer blanket protections on all disclosures or responses to discovery and 8 that the protection it affords from public disclosure and use extends only to the 9 limited information or items that are entitled to confidential treatment under the 10 applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve customer and pricing lists and other valuable 13 research, development, commercial, financial, technical and/or proprietary 14 information for which special protection from public disclosure and from use for any 15 purpose other than prosecution of this action is warranted. Such confidential and 16 proprietary materials and information consist of, among other things, confidential 17 business or financial information, information regarding proprietary business 18 practices, or other confidential research, development, or commercial information 19 (including information implicating privacy rights of third parties), information 20 otherwise generally unavailable to the public, or which may be privileged or 21 otherwise protected from disclosure under state or federal statutes, court rules, case 22 decisions, or common law. Accordingly, to expedite the flow of information, to 23 facilitate the prompt resolution of disputes over confidentiality of discovery 24 materials, to adequately protect information the parties are entitled to keep 25 confidential, to ensure that the parties are permitted reasonable necessary uses of 26 such material in preparation for and in the conduct of trial, to address their handling 27 at the end of the litigation, and serve the ends of justice, a protective order for such 1 information is justified in this matter. It is the intent of the parties that information 2 will not be designated as confidential for tactical reasons and that nothing be so 3 designated without a good faith belief that it has been maintained in a confidential, 4 non-public manner, and there is good cause why it should not be part of the public 5 record of this case. 6 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 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; Local Civil 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. 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 Action: The consolidated cases of Shelton v. LVDV Holdings, 15 LLC, et al., Case No. 2:23-cv-3316-GW-PD and LVDV Holdings, LLC v. 16 Shelton, Case No. 2:22-cv-05921-GW-PD. 17 2.2 Challenging Party: a Party or Non-Party that challenges 18 the designation of information or items under this Order. 19 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 20 how it is generated, stored or maintained) or tangible things that qualify for 21 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the 22 Good Cause Statement. 23 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 24 their support staff). 25 2.5 Designating Party: a Party or Non-Party that designates information or 26 items that it produces in disclosures or in responses to discovery as 27 “CONFIDENTIAL.” 1 2.6 Disclosure or Discovery Material: all items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced or 4 generated in disclosures or responses to discovery in this matter. 5 2.7 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 an expert witness or as a consultant in this Action who is not an employee or 8 independent contractor of the Receiving Party or its Counsel, a consultant otherwise 9 retained by the Receiving Party or its Counsel outside the context of this litigation, 10 or a person who is employed by or an independent contractor of a competitor to the 11 Designating Party, or engaged in non-litigation consulting or contract work for a 12 competitor to the Designating Party. 13 2.8 House Counsel: attorneys who are employees of a Party to this Action. 14 House Counsel does not include Outside Counsel of Record or any other outside 15 counsel. 16 2.9 Non-Party: any natural person, partnership, corporation, association, or 17 other legal entity not named as a Party to this action. 18 2.10 Outside Counsel of Record: attorneys who are not employees of a party 19 to this Action but are retained to represent or advise a party to this Action and have 20 appeared in this Action on behalf of that party or are affiliated with a law firm which 21 has appeared on behalf of that party, and includes support staff. 22 2.11 Party: any party to this Action, including all of its officers, directors, 23 employees, consultants, retained experts, and Outside Counsel of Record (and their 24 support staffs). 25 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 26 Discovery Material in this Action. 27 2.13 Professional Vendors: persons or entities that provide litigation 1 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 2 demonstrations, and organizing, storing, or retrieving data in any form or medium) 3 and their employees and subcontractors. 4 2.14 Protected Material: any Disclosure or Discovery Material that is 5 designated as “CONFIDENTIAL”. 6 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 7 from a Producing Party. 8 3. SCOPE 9 The protections conferred by this Stipulation and Order cover not only 10 Protected Material (as defined above), but also (1) any information copied or 11 extracted from Protected Material; (2) all copies, excerpts, summaries, or 12 compilations of Protected Material; and (3) any testimony, conversations, or 13 presentations by Parties or their Counsel that might reveal Protected Material. 14 Any use of Protected Material at trial shall be governed by the orders of the 15 trial judge. This Order does not govern the use of Protected Material at trial. 16 4. DURATION 17 FINAL DISPOSITION of the action is defined as the conclusion of any 18 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 19 has run. Except as set forth below, the terms of this protective order apply through 20 FINAL DISPOSITION of the action. The parties may stipulate that they will be 21 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 22 but will have to file a separate action for enforcement of the agreement once all 23 proceedings in this case are complete. 24 If a Party anticipates that it may disclose any Protected Material at trial or a 25 pretrial hearing in this consolidated Action, it shall give at least forty-eight (48) hour 26 notice to the court and all other Parties of such anticipated Disclosure specifying 27 whether the information which may be disclosed is designated as 1 “CONFIDENTIAL.” When such notice has been given, Counsel shall join in a 2 request for an in camera or similarly confidential proceeding during the Disclosure 3 of the Protected Material. The requirement of advance notice shall not apply to a 4 Disclosure of Protected Material in rebuttal or response to another Party’s oral 5 argument at the hearing where the need for such Disclosure could not be reasonably 6 anticipated in advance of the hearing, or to Protected Material previously filed under 7 seal. However, prior to disclosing any information designated as 8 “CONFIDENTIAL” in a reply or rebuttal argument, Counsel shall inform the court 9 and opposing Counsel of his or her intention to do so and of the designation of the 10 information to be disclosed. He or she shall then request, or give Counsel for the 11 Designating Party the opportunity to request, an in camera or similarly confidential 12 proceeding during the Disclosure of the Protected Material. 13 5. DESIGNATING PROTECTED MATERIAL 14 5.1 Exercise of Restraint and Care in Designating Material for Protection. 15 Each Party or Non-Party that designates information or items for protection under 16 this Order must take care to limit any such designation to specific material that 17 qualifies under the appropriate standards. The Designating Party must designate for 18 protection only those parts of material, documents, items, or oral or written 19 communications that qualify so that other portions of the material, documents, items, 20 or communications for which protection is not warranted are not swept unjustifiably 21 within the ambit of this Order. 22 Mass, indiscriminate, or routinized designations are prohibited. Designations 23 that are shown to be clearly unjustified or that have been made for an improper 24 purpose (e.g., to unnecessarily encumber the case development process or to impose 25 unnecessary expenses and burdens on other parties) may expose the Designating 26 Party to sanctions. 27 If it comes to a Designating Party’s attention that information or items that it 1 designated for protection do not qualify for protection, that Designating Party must 2 promptly notify all other Parties that it is withdrawing the inapplicable designation. 3 5.2 Manner and Timing of Designations. Except as otherwise provided in 4 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 5 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 6 under this Order must be clearly so designated before the material is disclosed or 7 produced. 8 Designation in conformity with this Order requires: 9 (a) for information in documentary form (e.g., paper or electronic 10 documents, but excluding transcripts of depositions or other pretrial or trial 11 proceedings), that the Producing Party affix at a minimum, the legend 12 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 13 contains protected material. If only a portion or portions of the material on a page 14 qualifies for protection, the Producing Party also must clearly identify the protected 15 portion(s) (e.g., by making appropriate markings in the margins). 16 A Party or Non-Party that makes original documents available for inspection 17 need not designate them for protection until after the inspecting Party has indicated 18 which documents it would like copied and produced. During the inspection and 19 before the designation, all of the material made available for inspection shall be 20 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 21 documents it wants copied and produced, the Producing Party must determine which 22 documents, or portions thereof, qualify for protection under this Order. Then, before 23 producing the specified documents, the Producing Party must affix the 24 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 25 portion or portions of the material on a page qualifies for protection, the Producing 26 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 27 markings in the margins). 1 (b) for testimony given in depositions, deposition transcripts or portions 2 thereof may be designated as confidential by a Party or Non-Party either: (i) on the 3 record and before the testimony is taken, in which case the portion of the transcript 4 of the designated testimony shall be bound in a separate volume and marked 5 “CONFIDENTIAL” by the reporter, as the Designating Party may direct, or (ii) if it 6 is impractical during the deposition to identify each portion that is entitled to 7 protection, a Party may invoke on the record a right to have up to twenty (20) days 8 after the reporter sends written notice to the deponent or the deponent’s Counsel that 9 the transcript is available for review, to designate individual portions of the transcript 10 as Protected Material, in which case all Counsel receiving such notice shall be 11 responsible for marking the copies of the designated transcript or portion thereof in 12 their possession or control as directed by the Designating Party or Non-Party. 13 Pending expiration of the twenty (20) days, all Parties and, if applicable, any Non- 14 Party witnesses or attorneys, shall treat the deposition transcript as if it had been 15 designated “CONFIDENTIAL.” 16 (c) for information produced in some form other than documentary and for 17 any other tangible items, that the Producing Party affix in a prominent place on the 18 exterior of the container or containers in which the information is stored the legend 19 “CONFIDENTIAL.” If only a portion or portions of the information warrants 20 protection, the Producing Party, to the extent practicable, shall identify the protected 21 portion(s). 22 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 23 failure to designate qualified information or items does not, standing alone, waive 24 the Designating Party’s right to secure protection under this Order for such material. 25 Upon timely correction of a designation, the Receiving Party must make reasonable 26 efforts to assure that the material is treated in accordance with the provisions of this 27 Order. 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s 4 Scheduling Order. 5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37.1 et seq. 7 6.3 The burden of persuasion in any such challenge proceeding shall be on 8 the Designating Party. Frivolous challenges, and those made for an improper purpose 9 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 10 expose the Challenging Party to sanctions. Unless the Designating Party has waived 11 or withdrawn the confidentiality designation, all parties shall continue to afford the 12 material in question the level of protection to which it is entitled under the Producing 13 Party’s designation until the Court rules on the challenge. 14 7. ACCESS TO AND USE OF PROTECTED MATERIAL 15 7.1 Basic Principles. A Receiving Party may use Protected Material that is 16 disclosed or produced by another Party or by a Non-Party in connection with this 17 Action only for prosecuting, defending, or attempting to settle this Action. Such 18 Protected Material may be disclosed only to the categories of persons and under the 19 conditions described in this Order. When the Action has been terminated, a 20 Receiving Party must comply with the provisions of section 13 below (FINAL 21 DISPOSITION). 22 Protected Material must be stored and maintained by a Receiving Party at a 23 location and in a secure manner that ensures that access is limited to the persons 24 authorized under this Order. 25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 26 otherwise ordered by the court or permitted in writing by the Designating Party, a 27 Receiving Party may disclose any information or item designated 1 “CONFIDENTIAL” only to: 2 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 3 as employees of said Outside Counsel of Record to whom it is reasonably necessary 4 to disclose the information for this Action; 5 (b) the officers, directors, and employees (including House Counsel) of the 6 Receiving Party to whom disclosure is reasonably necessary for this Action; 7 (c) Experts (as defined in this Order) of the Receiving Party to whom 8 disclosure is reasonably necessary for this Action and who have signed the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 (d) the court and its personnel; 11 (e) court reporters and their staff; 12 (f) professional jury or trial consultants, mock jurors, and Professional 13 Vendors to whom disclosure is reasonably necessary for this Action and who have 14 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (g) the author or recipient of a document containing the information or a 16 custodian or other person who otherwise possessed or knew the information; 17 (h) during their depositions, witnesses, and attorneys for witnesses, in the 18 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 19 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 20 not be permitted to keep any confidential information unless they sign the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 22 agreed by the Designating Party or ordered by the court. Pages of transcribed 23 deposition testimony or exhibits to depositions that reveal Protected Material may 24 be separately bound by the court reporter and may not be disclosed to anyone except 25 as permitted under this Stipulated Protective Order; 26 (i) any mediator or settlement officer, and their supporting personnel, 27 mutually agreed upon by any of the parties engaged in settlement discussions; 1 (j) up to and including one (1) designated representative of each of the 2 Parties to the extent reasonably necessary for the litigation of this Action, except that 3 either party may in good faith request the other party’s consent to designate one or 4 more additional representatives, the other party shall not unreasonably withhold such 5 consent, and the requesting party may seek leave of Court to designate such 6 additional representative(s) if the requesting party believes the other party has 7 unreasonably withheld such consent. Prior to disclosure of any Protected Material 8 pursuant to this paragraph (7)(j), the designated representative shall be provided a 9 copy of this Stipulated Protective Order and shall sign the “Acknowledgment and 10 Agreement to Be Bound” (Exhibit A). 11 (k) Outside Counsel shall retain original copies of executed 12 Acknowledgement and Agreement to Be Bound forms (Exhibit A) pursuant to this 13 paragraph 7, and need not disclose who has executed them during the course of this 14 Action, unless a dispute arises as to the dissemination of Protected Material to 15 persona other than those identified as authorized under this Order. 16 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 17 IN OTHER LITIGATION 18 If a Party is served with a subpoena or a court order issued in other litigation 19 that compels disclosure of any information or items designated in this Action as 20 “CONFIDENTIAL” that Party must: 21 (a) promptly notify in writing the Designating Party at least seven (7) days 22 prior to production or other Disclosure. Such notification shall include a copy of the 23 subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena or order 25 to issue in the other litigation that some or all of the material covered by the subpoena 26 or order is subject to this Protective Order. Such notification shall include a copy of 27 this Stipulated Protective Order; and 1 (c) cooperate with respect to all reasonable procedures sought to be pursued 2 by the Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served 4 with the subpoena or court order shall not produce any information designated in this 5 action as “CONFIDENTIAL” before a determination by the court from which the 6 subpoena or order issued, unless the Party has obtained the Designating Party’s 7 permission. The Designating Party shall bear the burden and expense of seeking 8 protection in that court of its confidential material and nothing in these provisions 9 should be construed as authorizing or encouraging a Receiving Party in this Action 10 to disobey a lawful directive from another court. 11 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT 12 TO BE PRODUCED IN THIS LITIGATION 13 (a) The terms of this Order are applicable to information produced by a 14 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 15 produced by Non-Parties in connection with this litigation is protected by the 16 remedies and relief provided by this Order. Nothing in these provisions should be 17 construed as prohibiting a Non-Party from seeking additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, to 19 produce a Non-Party’s confidential information in its possession, and the Party is 20 subject to an agreement with the Non-Party not to produce the Non-Party’s 21 confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non-Party 23 that some or all of the information requested is subject to a confidentiality agreement 24 with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated 26 Protective Order in this Action, the relevant discovery request(s), and a reasonably 27 specific description of the information requested; and 1 (3) make the information requested available for inspection by the 2 Non-Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this court within 4 14 days of receiving the notice and accompanying information, the Receiving Party 5 may produce the Non-Party’s confidential information responsive to the discovery 6 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 7 not produce any information in its possession or control that is subject to the 8 confidentiality agreement with the Non-Party before a determination by the court. 9 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 10 of seeking protection in this court of its Protected Material. 11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 13 Protected Material to any person or in any circumstance not authorized under this 14 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 15 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 16 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 17 persons to whom unauthorized disclosures were made of all the terms of this Order, 18 and (d) request such person or persons to execute the “Acknowledgment and 19 Agreement to Be Bound” that is attached hereto as Exhibit A. 20 21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 22 PROTECTED MATERIAL 23 When a Producing Party gives notice to Receiving Parties that certain 24 inadvertently produced material is subject to a claim of privilege or other protection, 25 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 26 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 27 may be established in an e-discovery order that provides for production without prior 1 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 2 parties reach an agreement on the effect of disclosure of a communication or 3 information covered by the attorney-client privilege or work product protection, the 4 parties may incorporate their agreement in the stipulated protective order submitted 5 to the court. 6 12. MISCELLANEOUS 7 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 8 person to seek its modification by the Court in the future. 9 12.2 Right to Assert Other Objections. By stipulating to the entry of this 10 Protective Order no Party waives any right it otherwise would have to object to 11 disclosing or producing any information or item on any ground not addressed in this 12 Stipulated Protective Order. Similarly, no Party waives any right to object on any 13 ground to use in evidence of any of the material covered by this Protective Order. 14 12.3 Filing Protected Material. A Party that seeks to file under seal any 15 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 16 only be filed under seal pursuant to a court order authorizing the sealing of the 17 specific Protected Material at issue. If a Party's request to file Protected Material 18 under seal is denied by the court, then the Receiving Party may file the information 19 in the public record unless otherwise instructed by the court. 20 13. FINAL DISPOSITION 21 After the final disposition of this Action, as defined in paragraph 4, within 60 22 days of a written request by the Designating Party, each Receiving Party must return 23 all Protected Material to the Producing Party or destroy such material. As used in 24 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 25 summaries, and any other format reproducing or capturing any of the Protected 26 Material. Whether the Protected Material is returned or destroyed, the Receiving 27 Party must submit a written certification to the Producing Party (and, if not the same 1 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 2 || (by category, where appropriate) all the Protected Material that was returned or 3 || destroyed and (2) affirms that the Receiving Party has not retained any copies, 4 || abstracts, compilations, summaries or any other format reproducing or capturing any 5 |! of the Protected Material. Notwithstanding this provision, Counsel are entitled to 6 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 7 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 8 || reports, attorney work product, and consultant and expert work product, even if such ? || materials contain Protected Material. Any such archival copies that contain or 10 || constitute Protected Material remain subject to this Protective Order as set forth in 11 || Section 4 (DURATION). 12 || 14. Any violation of this Order may be punished by any and all appropriate 13 || measures including, without limitation, contempt proceedings and/or monetary 14 |! sanctions. 15 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 16 || DATED: July 25, 2023 /s/ Rebekah S. Guyon 18 || Rebekah S. Guyon 19 Attorneys for Plaintiff

50 DATED: July 25, 2023 /s/ David E. Rogers 21 || David E. Rogers 49 || Attorneys for Defendants 33 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 94 || DATED: July 27, 2023 AP abevie Lona koe_ Patricia Donahue 27 || United States Magistrate Judge 28 15

1 ECF CERTIFICATION 2 Pursuant to Local Civil Rule 5-4.3.4(a)(2)(i), I hereby attest that David E. 3 Rogers, on whose behalf this filing is jointly submitted, has concurred in this 4 filing’s content and has authorized me to file this document. 5 6 By: /s/ Rebekah S. Guyon Rebekah S. Guyon 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I acknowledge that I have been given a copy of, read and understand the 5 Stipulated Protected Order entered by the United States District Court for the 6 Central District of California in the consolidated cases Shelton v. LVDV Holdings, 7 LLC, et al., Case No. 2:23-cv-3316-GW-PD and LVDV Holdings, LLC v. Shelton, 8 Case No. 2:22-cv-05921-GW-PD. I further acknowledge, understand and agree that 9 by receiving confidential information hereunder I am subject to penalty for 10 contempt of court for any violation of the terms of the Protective Order, and submit 11 to the jurisdiction of the United States District Court for the Central District of 12 California for purposes of enforcing the terms of the Protective Order. I further 13 certify under penalty of perjury under the laws of the United States that, to the best 14 of knowledge, I am not employed in any capacity, a consultant of, or otherwise 15 retained by any person or entity that is or could be considered engaged in 16 competition with the Designating Party of any Designated Material that I receive. 17 18 Date: __________________________ 19 City and State where sworn and signed: _____________________________ 20

21 Printed name: ____________________________________ 22

23 Signature: ________________________________ 24 25 26 27