1 || Michael J. McCue Nevada Bar No.: 6055 2 || Meng Zhong Nevada Bar No.: 12145 3 LEWIS ROCA ROTHGERBER CHRISTIE LLP 3993 Howard Hughes Pkwy., Suite 600 4 || Las Vegas, NV 89169 Tel.: (702) 949-8200 5 || E-mail: mmccue @lrrc.com E-mail: mzhong @Irre.com 6 Attorneys for Plaintiff 7 || Champion Residential Services, Inc. d/b/a Morris-Jenkins 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 CHAMPION RESIDENTIAL SERVICES, CASE NO.: 3:19-cv-00375-LRH-WGC 12 INC. D/B/A/ MORRIS-JENKINS, a North Carolina corporation, 13 PROTECTIVE ORDER Plaintiff, 14 v. 15 SIERRA AIR, INC., a Nevada corporation; 16 RONALD J. FORD, an individual; and RICKEY HAYES, JR., an individual, 17 Defendants. 18 19 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, IT IS HEREBY 20 ORDERED: 21 1. All documents, materials, items, and/or information which are designated as 22 confidential under the terms of this Protective Order, and contain or comprise confidential and 23 sensitive proprietary information produced either by a party or by a non-party shall be governed 24 by this Protective Order. 25 2. Any information produced by any party or non-party as part of discovery in this 26 action may be designated by any party or the producing non-party as (1) "Confidential" or (2) 27 "Confidential-Attorneys' Eyes Only." As a general guideline, materials designated "Confidential" 28 110172765_1

1 || shall be those confidential and sensitive things that may be disclosed to the parties for the purpose 2 || of the litigation and no other purpose, but which must be protected against disclosure to third 3 || parties. As a general guideline, materials designated "Confidential-Attorney's Eyes Only” shall be 4 || those confidential and sensitive things of a financial, commercial, proprietary or technical nature 5 || which might be of value to others, and which must be protected from disclosure to such party 6 || and/or third parties. Absent a specific order by this Court, or written permission from the 7 || designating party, information once designated as "Confidential" or "Confidential-Attorney's 8 || Eyes Only" shall be used by parties solely in connection with this litigation, and not for any other 9 || purpose, including, but not limited to, business, competitive, or governmental purpose or 10 || function, and such information shall not be disclosed to anyone except as provided herein. 11 3. Any party or non-party wishing to come within the provisions of this Protective 12 || Order shall designate, in writing, the documents, information, or portions thereof which he, she ot 13 || it considers confidential at the time such documents are produced or such information is 14 || disclosed, or as soon thereafter as the person or entity seeking protection becomes aware of the 15 || nature of the information or materials disclosed and sought to be protected hereunder. In the 16 || instance of documents, the items produced must be marked "Confidential" or "Confidential- 17 || Attorneys' Eyes Only” by the producing party or non-party. In the instance of depositions, 18 || counsel may, in the record of the deposition, designate the transcript or portion thereof as 19 || "Confidential" or "Confidential-Attorneys' Eyes Only," and only the parties identified in 20 || paragraphs 4 and 5 may then be present in the depositions. The witness under deposition or his 21 || counsel may invoke the provisions of this Protective Order in a timely manner, giving adequate 22 || warning to counsel for the party or non-party that testimony about to be given is deemed 23 || "Confidential" or "Confidential-Attorneys' Eyes Only." The designations should be made on the 24 || record whenever possible, but a party may designate portions of a deposition either 25 || "Confidential" or "Confidential-Attorney’s Eyes Only” provided written notice of such 26 || designation is given to each party no later than (10) ten days following receipt of the deposition 27 || transcript by the designating party. 28 110172765_1

1 4. Documents, deposition testimony, or answers to interrogatories stamped 2 "Confidential," or copies or extracts therefrom, and compilations and summaries thereof, and the 3 || information therein, may be given, shown, made available to, or communicated in any way only 4 || to the Court (including, but not limited to, the presiding judge, clerks, and court staff), to the 5 || parties, the parties’ attorneys, and to anyone employed by the parties as consultants in this case 6 || who have executed Attachment A hereto. 7 5. Documents, deposition testimony, or answers to interrogatories stamped 8 || "Confidential-Attorneys' Eyes Only" or copies or extracts therefrom, and summaries and 9 || compilations thereof, and the information therein, may be given, shown, made available to, or 10 || communicated in any way only to (a) the Court (including, but not limited to, the presiding judge, 11 |] clerks, and court staff) as provided in Paragraphs 9 and 13; (b) the counsel designated on the 12 || pleadings from the law firms of Lewis Roca Rothgerber Christie, LLP and James McElroy & 13 || Diehl, P.A. and Brownstein Hyatt Farber Schreck, LLP and their full time staff to whom it is 14 || necessary that the materials be shown for the purposes of this litigation who are have also 15 || consented to be subject to this Protective Order; and (c) consultants as defined in Paragraph 6 16 || hereof and pursuant to the provisions on Paragraph 7 hereof. 17 6. For purposes of Paragraph 5(c) hereof, a consultant shall be defined as a person 18 || who is not an employee of a party nor anticipated to become an employee in the near future, and 19 || who is retained or employed as a bona fide consultant or expert for purposes of this litigation, 20 || whether full or part-time, by or at the direction of counsel for a party. 21 7. The procedure for having a consultant approved for access to information 22 || designated by the adverse party as "Confidential-Attorneys' Eyes Only” shall be as follows: 23 (a) The party seeking to have a consultant, as defined in Paragraph 6 hereof, approved 24 || shall provide the producing party with: 25 1) the name of the designated person; 26 li) the present employer and title of said designated person; 27 lil) a resume or curriculum vitae of said designated person; 28 110172765_1

1 iv) a written acknowledgment, in the form of Attachment A hereto, signed by 2 the designated person for whom approval is sought, that the person has 3 read this Protective Order and agrees to be bound by its terms. 4 (b) Within five (5) calendar days after emailing the information (if to counsel for 5 || Defendants, to all of the following: [email protected], [email protected], and 6 || [email protected]; if to counsel for Plaintiff to all of the following: [email protected], 7 || [email protected], [email protected], and [email protected]) the information and 8 || written acknowledgment described in subparagraph (a), along with a notice quoting this Section 7 9 || in the body of the email, the producing party may object to the person proposed for approval if 10 || the producing party has genuine reason to believe that there is a reasonable possibility that the 11 || designated person may use information designated "Confidential-Attorneys' Eyes Only" for 12 || purposes other than the preparation or trial of this case or that the person proposed is in a 13 || competitive position or works for a competitor of the producing party such that they cannot avoid 14 || possible use of the protected information. Objections must be based upon a legitimate good faith 15 || belief and shall not be made for purposes of delaying approval of said designated person. If an 16 |} objection is found not to be made in good faith by the court, then the party designating the expert 17 || may seek an award of reasonable attorneys’ fees and costs. Failure to object within five (5) 18 || calendar days to a person proposed shall be deemed approval, but shall not preclude a producing 19 || party from objecting to continued access by that person where facts suggesting a basis for 20 || objection are subsequently learned by the producing party or its counsel. 21 (c) If the producing party so objects, the producing and requesting party shall, within 22 || five (5) calendar days from the date of emailing a notice of objection in the same manner and to 23 || the adverse email addresses listed in Section (7)(b) above, demand that the other party confer and 24 || attempt to resolve the dispute. At the conference, which must take place as soon as possible after 25 || the demand therefore is served, the producing party shall inform the requesting party of its 26 || reasons for objecting to the designated person. If the parties cannot resolve the dispute, or if the 27 || conference does not take place, then the producing party may move the Court for an order that 28 110172765_1

1 || access to information designated "Confidential-Attorneys' Eyes Only” be denied to the designated 2 || person. The time periods are not to restrict either party from moving for a court order earlier if 3 || the circumstances so require. 4 (d) The parties agree that the information identified above in subparagraph 7(a) in 5 || most cases constitutes sufficient information from which to approve said designated person, but a 6 || party may seek production of additional information if reasonably necessary to determine □□□□□□□ 7 || to approve the designated person. 8 8. All “Confidential” and “Confidential — Attorneys’ Eyes Only” information 9 || covered by this order shall be kept in secure facilities at counsel's offices and in no event be taken 10 |] to or stored on the premises of a party without having first received written permission from the 11 || party designating the document confidential, and access to those facilities shall be permitted only 12 || to those designated persons set forth in Paragraphs 4, 5, and 6 of this Protective Order as persons 13 || properly having access thereto under the appropriately designated degree of confidentiality. The 14 || foregoing sentence does not restrict counsel from sending emails containing “Confidential” 15 || information to their clients named in the above-entitled action or those designated persons set 16 || forth in Paragraphs 4, 5, and 6 of this Protective Order. All counsel for the parties who have 17 || access to “Confidential” or “Confidential — Attorneys’ Eyes Only” information and 18 || documentation under this Protective Order acknowledge they are bound by this Order and submit 19 || to the jurisdiction of this Court for purposes of enforcing this Order. 20 9. No party or non-party may file any document containing any information or 21 || exhibits designated by another party or non-party as “Confidential” or “Confidential - Attorneys’ 22 || Eyes Only” within the scope of this Order unless it is filed under seal. No party or non-party may 23 || file any document containing any information or exhibits designated by the filing party as 24 || “Confidential” or “Confidential -- Attorneys’ Eyes Only” within the scope of this Order unless 25 || the party concurrently or in advance of the filing seeks leave of Court. Notwithstanding any 26 || agreement among the parties, the party seeking to file a paper under seal bears the burden of 27 || overcoming the presumption in favor of public access to papers filed in court. 28 110172765_1

1 10. _—_—‘- If any document or information designated to be "Confidential" or "Confidential- 2 || Attorneys’ Eyes Only” pursuant to this Protective Order is used during the course of a deposition 3 || herein, that portion of the deposition record reflecting such confidential information shall be 4 || sealed and stamped with the designated degree of confidentiality, and access thereto shall be 5 || limited pursuant to the other terms of this Protective Order. 6 11. A party should designate as “Confidential” or “Confidential-Attorneys’ Eyes 7 || Only” only such information or documents as the party reasonably and in good faith believes 8 || require and justify protection under this Protective Order. If, at any time during the pendency or 9 || trial of this action, counsel for any party claims that counsel for any other party is unreasonably 10 || claiming certain information produced herein to be confidential, objecting counsel may make an 11 || appropriate application to this Court, with confidential portions thereof to be kept under seal, 12 |} requesting that specifically identified documents, information, and/or deposition testimony be 13 || excluded from the provisions of this Protective Order or downgraded in terms of the degree of 14 || protection provided. Before filing any such application, the party seeking relief shall confer with 15 || the other party to determine whether the matter can be resolved by agreement. The prevailing 16 || party in such a dispute may seek reasonable attorneys’ fees and costs pursuant to Federal Rules of 17 || Civil Procedure 37(a)(5). 18 12. The pretrial order submitted by the parties in this action shall address the treatment 19 || at trial of documents, information or testimony designated "Confidential" or "Confidential- 20 || Attorneys' Eyes Only" pursuant to this Protective Order unless the confidentiality of such 21 || information has been removed by agreement of counsel or by this Court in accordance with the 22 || provisions of Paragraph 11 of this Protective Order. 23 13. At any hearing relating to this litigation prior to trial before any judicial officer, 24 || subject to the rules of evidence and order of the Court, a party may use any “Confidential” or 25 || “Confidential-Attorneys’ Eyes Only” information or documents for any purpose, provided that 26 || adequate prior notice of such use is given to counsel for the opposing party to permit the opposing 27 || party the opportunity to obtain appropriate protection from the Court, including a request to the 28 110172765_1

1 |} Court that the courtroom be cleared and that the court employees be advised as to the terms of 2 || this Protective Order. If any party reasonably anticipates that “Confidential” or “Confidential- 3 || Attorneys’ Eyes Only” information or documents will be presented in any hearing in this 4 || litigation, it may request that the Court close the courtroom during such presentation. If the Court 5 || denies any such request, the use of the “Confidential” or “Confidential-Attorneys’ Eyes Only” 6 || information or documents in Court shall not affect its coverage by this Protective Order or 7 || constitute a waiver of confidentiality with respect thereto. 8 14. The terms of this Protective Order shall apply to all manner and means of 9 || discovery, including entry onto land or premises and inspection of books, records, documents, 10 || and tangible things. 11 15. Unless otherwise permitted by statute, rule or prior court order, papers filed with 12 || the Court under seal shall be accompanied by a contemporaneous motion for leave to file those 13 || documents under seal, and shall be filed consistent with the court’s electronic filing procedures in 14 || accordance with Local Rule 10-5(b). Notwithstanding any agreement among the parties, the party 15 || seeking to file a paper under seal bears the burden of overcoming the presumption in favor of 16 || public access to papers filed in court. Motions to seal shall comply with LR IA 10-5 and the 17 || requirements of Kamakana v. City and County of Honolulu,

(9th Cir. 2006). See 18 || also, Center for Auto Safety v. Chrysler Group, LLC,

(9in Cir. 2016). 19 || Notwithstanding the foregoing, a party seeking a designation of “Confidential” or “Confidential- 20 || Attorneys Eyes Only” retains the obligation to defend such designation. 21 16. The terms of this Protective Order do not preclude, limit, restrict, or otherwise 22 || apply to the use of documents at trial. 23 17. Nothing herein shall be deemed to waive any applicable privilege or work product 24 || protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material 25 || protected by privilege or work product protection. 26 27 28 110172765_1

1 18. Any witness or other person, firm or entity from which discovery is sought may be 2 || informed of and may obtain the protection of this Protective Order by written advice to the 3 || parties’ respective counsel or by oral advice at the time of any deposition or similar proceeding. 4 19, This Protective Order shall be effective on the date entered by the Court. 5 20. All provisions of this Protective Order restricting the communication or use of 6 || “Confidential” and “Confidential — Attorneys’ Eyes Only” information and documentation shall 7 || continue to be binding after the conclusion of this action, unless otherwise agreed or ordered. 8 || Upon conclusion of the litigation, a party in the possession of “Confidential” and/or “Confidential 9 || — Attorneys’ Eyes Only” information and documentation other than that which is contained in 10 |} pleadings, correspondence, and deposition transcripts, shall either (a) return such documents no 11 || later than thirty (30) days after conclusion of this action to counsel for the party or nonparty who 12 |} provided such information, or (b) destroy such documents within the time period upon consent of 13 || the party who provided the information and certify in writing within thirty (30) days that the 14 || documents have been destroyed. Although the parties may agree to be bound by the 15 || confidentiality terms of this Order beyond the conclusion of this lawsuit, the dismissal of this 16 || action will terminate the jurisdiction of this court. 17 18 IT ISSO ORDERED: 19 CG. Cobb 20 UNITED STATES MAGISTRATE JUDGE 21 DATED: January 7, 2020 22 23 24 25 26 27 28 110172765_1

1 ATTACHMENT A 2 NONDISCLOSURE AGREEMENT 3 I, , do solemnly swear that I am fully familiar with the terms of the 4 }| Protective Order entered in Champion Residential Services, Inc. d/b/a Morris-Jenkins v. Sierra 5 || Air, et al., United States District Court for the District of Nevada, 3:19-cv-00375-LRH-WGC and 6 || hereby agree to comply with and be bound by the terms and conditions of said Order unless and 7 || until modified by further Order of this Court. I hereby consent to the jurisdiction of said Court 8 || for purposes of enforcing this order. 9 || Dated: Signed: 10 11 12 IT IS SO ORDERED. 13 fwd. G. Cobh 14 UNITED STATES MAGISTRATE JUDGE 15 DATE: January 7, 2020 16 17 18 19 20 21 22 23 24 25 26 27 28 110172765_1