1 | ALAN W. WESTBROOK, ESQ. Nevada Bar No. 006167 2 || Perry & Westbrook, A Professional Corporation 3 || 1701 W. Charleston Boulevard #200 Las Vegas, Nevada 89102 4 || Telephone: (702) 870-2400 Facsimile: (702) 870-8220 5 || E-Mail: awestbrook(@perrywestbrook.com Attorneys for Defendant UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 9 TAMARINA COURNOYER, individually, CASE NO. 3:20-cv-00413-RCJ-WGC 10 Plaintiff, STIPULATION AND ORDER YS: FOR CONFIDENTIALITY AND PROTECTION 12 | TARGET CORPORATION d/b/a TARGET #2472; DOES I-X and ROE 13 CORPORATIONS I-X, inclusive, 14 Defendants. 1S 16 IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys that, 17 || with regard to the material disclosed in the course of above captioned lawsuit (“Lawsuit”) 18 || which constitute or contain trade secrets or other confidential research, development, or 19 | commercial information of the parties (“Confidential Material”), the following procedures 20 |! shall govern: 21 1. This Order is meant to encompass all forms for disclosure which may contain 22 || Confidential Material, including any document, pleading, motion, exhibit, declaration, 23 || affidavit, deposition transcript, inspection and all other tangible items (electronic media, 24 || photographs, videocassettes, etc.). 25 2. The parties may designate any Confidential Material produced or filed in this 26 || Lawsuit as confidential and subject to the terms of this Order by marking such materials 27 || “Confidential”. If any material has multiple pages, this designation need only be placed on 28 || the first page of such material. Any material designated as “Confidential” shall not be Page 1 of 5

1 || disclosed to any person or entity, except to the respective parties and expert witnesses 2 || assisting counsel in this Lawsuit. 3 3. Any material designated as confidential pursuant to paragraph 2 above shall be 4 || used solely for the purposes of this Lawsuit and for no other purpose. 4. Prior to disclosure of any Confidential Material, each person to whom 6 || disclosure is to be made shall execute a written “Agreement to be Bound by Confidentiality 7 || Agreement” (in the form attached hereto as Exhibit A) consenting to be bound by the terms 8 || of this Order. The parties, counsel for the respective parties (including legal assistants and 9 || other personnel) are deemed to be bound by this Order and are not required to execute a 10 || Confidentiality Agreement. 11 5. Only counsel of record in this Lawsuit shall be permitted to disseminate 12 || Confidential Material. Upon dissemination of any Confidential Material, each non- 13 || designating counsel of record in this Lawsuit shall maintain a written record as to: (1) the 14 || identity of any person given Confidential Material, and (2) the identity of the Confidential 15 || Material so disseminated (such as by “Bates stamp” number). Such record shall be made 16 || available to the designating party upon request. 17 6. If additional persons become parties to this Lawsuit, they shall not have access 18 || to any Confidential Material until they execute and file with the Court their written agreement 19 || to be bound by the terms of this Order. 20 □□ In the event that any question is asked at a deposition that calls for the 21 || disclosure of Confidential Material, the witness shall answer such question (unless otherwise 22 || instructed not to do so on grounds of privilege) provided that the only persons in attendance 23 || at the deposition are persons who are qualified to receive such information pursuant to this 24 || Order. Deposition testimony may be designated as confidential following the testimony 25 || having been given provided that: (1) such testimony is identified and designated on the record 26 || at the deposition, or (2) non-designating counsel is notified of the designation in writing 27 || thirty days after receipt by the designating party of the respective deposition transcript. All 28 || deposition transcripts in their entirely shall be treated in the interim as “Confidential” Page 2 of 5

1 || pursuant to paragraph 2 above. When Confidential material is incorporated in a deposition 2 || transcript, the party designating such information confidential shall make arrangements with 3 || the court reporter not to disclose any information except in accordance with the terms of this 4 || Order. 5 8. If a deponent refuses to execute a Confidentiality Agreement, disclosure of 6 || Confidential Material during the deposition shall not constitute a waiver of confidentiality. 7 || Under such circumstances, the witness shall sign the original deposition transcript in the 8 || presence of the court reporter and no copy of the transcript or exhibits shall be given to the 9 || deponent. 10 9. If a party wishes to file any Confidential Material under seal, the party must 11 || comply with the requirements of Local Rule IA 10-5 and the Ninth Circuit Court of Appeals’ 12 || decision in Kamakan v. City and County of Hawaii,

(9" Cir. 2006). If a non- 13 || designating party is subpoenaed or ordered to produce Confidential Material by another court 14 || or administrative agency, such party shall promptly notify the designating party of the 15 | pending subpoena or order and shall not produce any Confidential Material until the 16 || designating party has had reasonable time to object or otherwise take appropriate steps to 17 || protect such Confidential Material. ae ae. 100 4 □□□ a i at eee 18 10. ‘Ifa party believes that any Confidential Material does not contain confidential 19 || information, it may contest the applicability of this Order to such information by notifying the 20 || designating party’s counsel in writing and identifying the information contested. The parties 21 || shall have thirty (30) days after such notice to meet and confer and attempt to resolve the 22 || issue. If the dispute is not resolved within such period, the party seeking the protection shall 23 || have thirty days in which to make a motion for a protective order with respect to the 24 || contested information. The party asserting that the disputed information is confidential and 25 || subject to a Protective Order bears the burden of meeting the compelling reasons standard by 26 || articulating compelling reasons supported by specific factual findings that outweigh the 27 || general history of access and the public policies favoring disclosure, such as the public 28 || interest in understanding the judicial process. Page 3 of 5

1 11. Information that is subject to a dispute as to whether it is properly designated 2 || shall be treated as designated in accordance with the provisions of this Order until the Court 3 || issues a ruling. 4 12. Inadvertent failure to designate any material “Confidential” shall not 5 |l constitute a waiver of an otherwise valid claim of confidentiality pursuant to this Order, so 6 || long as a claim of confidentiality is asserted within fifteen days after discovery of the 7 || inadvertent failure. At such time, arrangements shall be made by the parties to designate the 8 || material “Confidential” in accordance with this order. 9 13. This Order shall be without prejudice to the right of any party to oppose any 10 || information of object to its admissibility into evidence. 11 14. | Whenany counsel of record in this Lawsuit or any attorney who has executed 12 || a Confidentiality Agreement becomes aware of any violation of this Order, or of facts 13 || constituting good cause to believe that a violation of this Order may have occurred, such 14 || attorney shall report that there may have been a violation of this Order to the Court and all 15 || counsel of record. 16 15. Within thirty days after the termination of this Lawsuit (whether by dismissal 17 || or final judgment), all Confidential material (including all copies) shall be returned to counsel 18 || for the designating party. In addition, counsel returning such material shall execute an 19 || affidavit verifying that all Confidential Material produced to such counsel and any 20 | /// 214 /// Rds 23 8 /// 25 | /// 26 | /// 27 | /// 28 | /// Page 4 of 5

1 || subsequently made copies are being returned in their entirety pursuant to the terms of this 2 || order. Such a representation fully contemplates that returning counsel has: (1) contacted all 3 || persons to whom that counsel disseminated Confidential Material, and (2) confirmed that all 4 || such material has been returned to disseminating counsel. 6 || DATED this —24™- day of July, 2020. DATED this —24"- day of July, 2020. 7 || CONNELL LAW PERRY & WESTBROOK, a Professional Corporation 9 | By: —/s/ Christopher S. Connell——————_ By: —7s/ Alan W_ Westbrook CHRISTOPHER S. CONNELL, ESQ. ALAN W. WESTBROOK, ESQ. 10 Nevada Bar No. 012720 Nevada Bar No. 006167 6671 Las Vegas Boulevard #210 1701 W. Charleston Boulevard #200 1] Las Vegas, Nevada 89119 Las Vegas, Nevada 89102 Telephone: (702) 266-6355 Telephone: (702) 870-2400 12 Facsimile: (702) 829-5930 Facsimile: (702) 870-8220 E-mail: [email protected] E-Mail: awestbrook(@perrywestbrook.com 13 Attorneys for Plaintiff Attorneys for Defendant 14 Paragraph 9 is also governed by Center for Auto Safety v. Chrysler Group, LLC,

(9th Cir. 2016). IT IS SO ORDERED.

17 UNITED STATES MAGISTRATE JUDGE

19 DATED: July 27, 2020. 20 21 22 23 24 25 26 27 28 Page 5 of 5

EXHIBIT A

1 | ALAN W. WESTBROOK, ESQ. Nevada Bar No. 006167 2 || Perry & Westbrook, A Professional Corporation 3 || 1701 W. Charleston Boulevard #200 Las Vegas, Nevada 89102 4 || Telephone: (702) 870-2400 Facsimile: (702) 870-8220 5 }| E-Mail: [email protected] Attorneys for Defendant UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA g | PAMARINA COURNOYER, individually, CASE NO. 3:20-cv-00413-RCJ-WGC 10 Plaintiff, AGREEMENT TO BE BOUND BY wi YS: CONFIDENTIALITY AGREEMENT 12 | TARGET CORPORATION d/b/a TARGET #2472; DOES I-X and ROE 13 CORPORATIONS I-X, inclusive, 14 Defendants. 15 16 || STATE OF NEVADA ) ) 17 | COUNTY OF CLARK ) 18 BEING DULY SWORN, I hereby attest: 19 l. It is my understanding that confidential information will be provided to me 20 || pursuant to the terms and restrictions of the Stipulation and Order for Confidentiality and 21 || Protection entered by the Court in the above captioned action. 22 2. I have been given a copy of and have read the Stipulation and Order for 23 || Confidentiality and Protection and have had its meaning and effect explained to be by the 24 || attorneys providing me with such confidential information, and that I hereby agree to be 25 || bound by it. 26 3. I further agree that I shall not disclose such confidential information to others, 27 || except in accordance with the Stipulation and Order for Confidentiality and Protection. 28 | /// Page | of 2

1 4. It is my understanding that if I fail to abide by the terms of the Stipulation and 2 || Order for Confidentiality and Protection I may be subject to sanctions imposed by the Court 3 || for such a failure. = 5. I hereby consent to the jurisdiction of the Court for purposes of enforcing the 5 || Stipulation and Order for Confidentiality and Protection. 6 DATED ‘ 10 11 || SUBSCRIBED AND SWORN TO before me 12] this. day of ‘ 13 14 Notary Public in and for said County and State

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