1 Matthew D. Francis Nevada Bar No.: 6978 2 Arthur A. Zorio Nevada Bar No.: 6547 3 BROWNSTEIN HYATT FARBER SCHRECK, LLP 5520 Kietzke Lane, Suite 110 4 Reno, NV 89511 Telephone: 775.324.4100 5 Facsimile: 775.333.8171 Email: [email protected] 6 [email protected] 7 Attorneys for Defendants Matthew Williams; Jam On It Basketball Academy, Inc.; and 8 Jam On It, LLC 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 AMATEUR ATHLETIC UNION OF THE UNITED STATES, INC., CASE NO.: 2:23-cv-00864-ART-BNW 13 Plaintiff, 14 STIPULATED v. PROTECTIVE ORDER 15 MATTHEW WILLIAMS; JAM ON IT 16 BASKETBALL ACADEMY, INC.; JAM ON IT, LLC; JAM ON IT SPORTSPLEX, LLC; 17 MICHAEL WILLIAMS; ENNIS WESLEY; TATIANA WESLEY; BRENNAN 18 SULLIVAN; SPORTSPLEX LAS VEGAS, LLC; JOHN DOES 1-10 AND DOE CORPS. 19 1-10, 20 Defendants. 21 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, IT IS HEREBY 22 ORDERED: 23 1. All documents, materials, items, and/or information which are designated as 24 confidential under the terms of this Protective Order, and contain or comprise confidential and 25 sensitive proprietary information produced either by a party or by a non-party shall be governed 26 by this Protective Order. 27 2. Any information produced by any party or non-party as part of discovery in this 28 11 action may be designated by any party or the producing non-party as (1) "Confidential" or (2) 22 "Confidential-Attorneys' Eyes Only." As a general guideline, materials designated "Confidential" 33 shall be those confidential and sensitive things that may be disclosed to the parties for the purpose 44 of the litigation and no other purpose, but which must be protected against disclosure to third 55 parties. As a general guideline, materials designated "Confidential-Attorney's Eyes Only" shall be 66 those confidential and sensitive things of a financial, commercial, proprietary or technical nature 77 which might be of value to others, and which must be protected from disclosure to such party 88 and/or third parties. Names and identities of children, along with contact information, may be 99 designated Confidential to protect the privacy interests of minors. Absent a specific order by this 1100 Court, or written permission from the designating party, information once designated as 1111 "Confidential" or "Confidential-Attorney's Eyes Only" shall be used by parties solely in 1122 connection with this litigation, and not for any other purpose, including, but not limited to, 1133 business, competitive, or governmental purpose or function, and such information shall not be 1144 disclosed to anyone except as provided herein. 1155 3. Any party or non-party wishing to come within the provisions of this Protective 1166 Order shall designate, in writing, the documents, information, or portions thereof which he, she or 1177 it considers confidential at the time such documents are produced or such information is 1188 disclosed, or as soon thereafter as the person or entity seeking protection becomes aware of the 1199 nature of the information or materials disclosed and sought to be protected hereunder. In the 2200 instance of documents, the items produced must be marked "Confidential" or "Confidential- 2211 Attorneys' Eyes Only" by the producing party or non-party. In the instance of depositions, 2222 counsel may, in the record of the deposition, designate the transcript or portion thereof as 2233 "Confidential" or "Confidential-Attorneys' Eyes Only," and only the parties identified in 2244 paragraphs 4 and 5 may then be present in the depositions. The witness under deposition or his 2255 counsel may invoke the provisions of this Protective Order in a timely manner, giving adequate 2266 warning to counsel for the party or non-party that testimony about to be given is deemed 2277 "Confidential" or "Confidential-Attorneys' Eyes Only." The designations should be made on the 2288 11 record whenever possible, but a party may designate portions of a deposition either 22 "Confidential" or "Confidential-Attorney’s Eyes Only" provided written notice of such 33 designation is given to each party no later than (10) ten days following receipt of the deposition 44 transcript by the designating party. 55 4. Documents, deposition testimony, or answers to interrogatories stamped 66 "Confidential," or copies or extracts therefrom, and compilations and summaries thereof, and the 77 information therein, may be given, shown, made available to, or communicated in any way only 88 to the Court (including, but not limited to, the presiding judge, clerks, and court staff), to the 99 parties, the parties’ attorneys (and their staff who are working on the matter), and to anyone 1100 employed by the parties as consultants in this case who have executed Attachment A hereto. No 1111 use of such documents may be made other than in connection with this litigation. 1122 5. Documents, deposition testimony, or answers to interrogatories stamped 1133 "Confidential-Attorneys' Eyes Only" or copies or extracts therefrom, and summaries and 1144 compilations thereof, and the information therein, may be given, shown, made available to, or 1155 communicated in any way only to (a) the Court (including, but not limited to, the presiding judge, 1166 clerks, and court staff) as provided in Paragraphs 9 and 13; (b) the counsel designated on the 1177 pleadings (and other attorneys who may be working on the case) from the law firms of Wilson, 1188 Elser, Moskowitz, Edelman & Dicker LLP and their full time staff to whom it is necessary that 1199 the materials be shown for the purposes of this litigation who are have also consented to be 2200 subject to this Protective Order ; and Brownstein Hyatt Farber Schreck, LLP and their full time 2211 staff to whom it is necessary that the materials be shown for the purposes of this litigation who 2222 are have also consented to be subject to this Protective Order; (c) Mr. John Springgate of 2233 Silverman Kattelman Springgate, Chtd. and its full time staff to whom it is necessary that the 2244 materials be shown for the purposes of this litigation who are have also consented to be subject to 2255 this Protective Order; and (d) consultants as defined in Paragraph 6 hereof and pursuant to the 2266 provisions on Paragraph 7 hereof and their full time staff to whom it is necessary that the 2277 materials be shown for the purposes of this litigation who have also consented to be subject to this 2288 11 Protective Order. No use of such documents may be made other than in connection with this 22 litigation. 33 6. For purposes of Paragraph 5(c) hereof, a consultant shall be defined as a person 44 who is not an employee of a party nor anticipated to become an employee in the near future, and 55 who is retained or employed as a bona fide consultant or expert for purposes of this litigation, 66 whether full or part-time, by or at the direction of counsel for a party. 77 7. The procedure for having a consultant approved for access to information 88 designated by the adverse party as "Confidential-Attorneys' Eyes Only" shall be as follows: 99 (a) The party seeking to have a consultant, as defined in Paragraph 6 hereof, 1100 approved shall provide the producing party with: 1111 i) the name of the designated person; 1122 ii) the present employer and title of said designated person; 1133 iii) a resume or curriculum vitae of said designated person; 1144 iv) a written acknowledgment, in the form of Attachment A hereto, 1155 signed by the designated person for whom approval is sought, that the person has 1166 read this Protective Order and agrees to be bound by its terms. 1177 (b) Within five (5) calendar days after emailing the information (if to counsel 1188 for Plaintiff AMATEUR ATHLETIC UNION OF THE UNITED STATES, INC. to all of 1199 the following: Michael Lowry at [email protected]; if to counsel for 2200 MATTHEW WILLIAMS; JAM ON IT BASKETBALL ACADEMY, INC., JAM ON IT, 2211 LLC, JAM ON IT SPORTSPLEX, LLC, to all of the following: [email protected], 2222 [email protected], and [email protected]; if to counsel for ENNIS WESLEY, 2233 TATIANA WESLEY, and SPORTSPLEX LAS VEGAS, LLC, to all of the following: 2244 [email protected]; if to counsel for MICHAEL WILLIAMS and 2255 BRENNAN SULLIVAN, to all of the following: [email protected]; the 2266 information and written acknowledgment described in subparagraph (a), along with a 2277 notice quoting this Section 7 in the body of the email, the producing party may object to 2288 11 the person proposed for approval if the producing party has genuine reason to believe that 22 there is a reasonable possibility that the designated person may use information designated 33 "Confidential-Attorneys' Eyes Only" for purposes other than the preparation or trial of this 44 case or that the person proposed is in a competitive position or works for a competitor of 55 the producing party such that they cannot avoid possible use of the protected information. 66 Objections must be based upon a legitimate good faith belief and shall not be made for 77 purposes of delaying approval of said designated person. If an objection is found not to be 88 made in good faith by the court, then the party designating the expert may seek an award 99 of reasonable attorneys’ fees and costs. Failure to object within five (5) calendar days to a 1100 person proposed shall be deemed approval, but shall not preclude a producing party from 1111 objecting to continued access by that person where facts suggesting a basis for objection 1122 are subsequently learned by the producing party or its counsel. 1133 (c) If the producing party so objects, the producing and requesting party shall, 1144 within five (5) calendar days from the date of emailing a notice of objection in the same 1155 manner and to the adverse email addresses listed in Section (7)(b) above, demand that the 1166 other party confer and attempt to resolve the dispute. At the conference, which must take 1177 place as soon as possible after the demand therefore is served, the producing party shall 1188 inform the requesting party of its reasons for objecting to the designated person. If the 1199 parties cannot resolve the dispute, or if the conference does not take place, then the 2200 producing party may move the Court for an order that access to information designated 2211 "Confidential-Attorneys' Eyes Only" be denied to the designated person. The time periods 2222 are not to restrict either party from moving for a court order earlier if the circumstances so 2233 require. 2244 (d) The parties agree that the information identified above in subparagraph 2255 7(a) in most cases constitutes sufficient information from which to approve said 2266 designated person, but a party may seek production of additional information if reasonably 2277 necessary to determine whether to approve the designated person. 2288 11 8. All “Confidential” and “Confidential – Attorneys’ Eyes Only” information 22 covered by this order shall be kept in secure facilities at counsel's offices and in no event shall 33 any “Confidential – Attorneys’ Eyes Only” materials be taken to or stored on the premises of a 44 party without having first received written permission from the party designating the document 55 Confidential – Attorneys’ Eyes Only, and access to those facilities shall be permitted only to 66 those designated persons set forth in Paragraphs 4, 5, and 6 of this Protective Order as persons 77 properly having access thereto under the appropriately designated degree of confidentiality. The 88 foregoing sentence does not restrict counsel from sending emails containing “Confidential” 99 information to their clients named in the above-entitled action or those designated persons set 1100 forth in Paragraphs 4, 5, and 6 of this Protective Order. “Confidential” materials taken to the 1111 premises of a party shall remain under the control of counsel and shall not be left at a Party’s 1122 office. All counsel for the parties who have access to “Confidential” or “Confidential – 1133 Attorneys’ Eyes Only” information and documentation under this Protective Order acknowledge 1144 they are bound by this Order and submit to the jurisdiction of this Court solely for purposes of 1155 enforcing this Order. 1166 9. No party or non-party may file any document containing any information or 1177 exhibits designated by another party or non-party as “Confidential” or “Confidential - Attorneys’ 1188 Eyes Only” within the scope of this Order unless the filing party also files the same under seal 1199 and files a motion for leave to file under seal pursuant to Local Rule IA 10-5. No party or non- 2200 party may file any document containing any information or exhibits designated by the filing party 2211 as “Confidential” or “Confidential -- Attorneys’ Eyes Only” within the scope of this Order unless 2222 the party concurrently or in advance of the filing seeks leave of Court pursuant to Local Rule IA 2233 10-5. Notwithstanding any agreement among the parties, the party designating a 2244 document/information as “Confidential” or “Confidential -- Attorneys’ Eyes Only” within the 2255 scope of this Order bears the burden of overcoming the presumption in favor of public access to 2266 papers filed in court. 2277 2288 11 10. If any document or information designated to be "Confidential" or "Confidential- 22 Attorneys' Eyes Only" pursuant to this Protective Order is used during the course of a deposition 33 herein, that portion of the deposition record reflecting such confidential information shall be 44 sealed and stamped with the designated degree of confidentiality, and access thereto shall be 55 limited pursuant to the other terms of this Protective Order. 66 11. A party should designate as “Confidential” or “Confidential-Attorneys’ Eyes 77 Only” only such information or documents as the party reasonably and in good faith believes 88 require and justify protection under this Protective Order. If, at any time during the pendency or 99 trial of this action, counsel for any party claims that counsel for any other party is unreasonably 1100 claiming certain information produced herein to be confidential, objecting counsel may make an 1111 appropriate application to this Court, with confidential portions thereof to be kept under seal, 1122 requesting that specifically identified documents, information, and/or deposition testimony be 1133 excluded from the provisions of this Protective Order or downgraded in terms of the degree of 1144 protection provided. Before filing any such application, the party seeking relief shall confer with 1155 the other party to determine whether the matter can be resolved by agreement. The prevailing 1166 party in such a dispute may seek reasonable attorneys’ fees and costs pursuant to Federal Rules of 1177 Civil Procedure 37(a)(5). 1188 12. The pretrial order submitted by the parties in this action shall address the treatment 1199 at trial of documents, information or testimony designated "Confidential" or "Confidential- 2200 Attorneys' Eyes Only" pursuant to this Protective Order unless the confidentiality of such 2211 information has been removed by agreement of counsel or by this Court in accordance with the 2222 provisions of Paragraph 11 of this Protective Order. 2233 13. At any hearing relating to this litigation prior to trial before any judicial officer, 2244 subject to the rules of evidence and order of the Court, a party may use any “Confidential” or 2255 “Confidential-Attorneys’ Eyes Only” information or documents for any purpose, provided that 2266 adequate prior notice of such use is given to counsel for the opposing party to permit the opposing 2277 party the opportunity to obtain appropriate protection from the Court, including a request to the 2288 11 Court that the courtroom be cleared and that the court employees be advised as to the terms of 22 this Protective Order. If any party reasonably anticipates that “Confidential” or “Confidential- 33 Attorneys’ Eyes Only” information or documents will be presented in any hearing in this 44 litigation, it may request that the Court close the courtroom during such presentation. If the Court 55 denies any such request, the use of the “Confidential” or “Confidential-Attorneys’ Eyes Only” 66 information or documents in Court shall not affect its coverage by this Protective Order or 77 constitute a waiver of confidentiality with respect thereto. 88 14. The terms of this Protective Order shall apply to all manner and means of 99 discovery, including entry onto land or premises and inspection of books, records, documents, 1100 and tangible things. 1111 15. Unless otherwise permitted by statute, rule or prior court order, papers filed with 1122 the Court under seal shall be accompanied by a contemporaneous motion for leave to file those 1133 documents under seal, and shall be filed consistent with the court’s electronic filing procedures in 1144 accordance with Local Rule 10-5(b). Motions to seal shall comply with LR IA 10-5 and the 1155 requirements of Kamakana v. City and County of Honolulu,

(9th Cir. 2006). See 1166 also, Center for Auto Safety v. Chrysler Group, LLC,

(9th Cir. 2016). 1177 Notwithstanding the foregoing, a party seeking a designation of “Confidential” or “Confidential- 1188 Attorneys Eyes Only” retains the obligation to defend such designation whether the designating 1199 party is the party seeking to file a document with the court or is not the party seeking to file the 2200 document with the court. 2211 16. The terms of this Protective Order do not preclude, limit, restrict, or otherwise 2222 apply to the use of documents at trial. Should these documents be desired to be used at trial, the 2233 Parties will discuss the protocol with the Court to protect the nature of the documents to fullest 2244 extent allowed under the law. 2255 17. Nothing herein shall be deemed to waive any applicable privilege or work product 2266 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material 2277 protected by privilege or work product protection. 2288 11 18. Any witness or other person, firm or entity from which discovery is sought may be 22 informed of and may obtain the protection of this Protective Order by written advice to the 33 parties’ respective counsel or by oral advice at the time of any deposition or similar proceeding. 44 19. This Protective Order shall be effective on the date entered by the Court. 55 20. All provisions of this Protective Order restricting the communication or use of 66 “Confidential” and “Confidential – Attorneys’ Eyes Only” information and documentation shall 77 continue to be binding after the conclusion of this action, unless otherwise agreed or ordered. 88 Upon conclusion of the litigation, a party in the possession of “Confidential” and/or “Confidential 99 –Attorneys’ Eyes Only” information and documentation other than that which is contained in 1100 pleadings, correspondence, and deposition transcripts, shall either (a) return such documents no 1111 later than thirty (30) days after conclusion of this action to counsel for the party or nonparty who 1122 provided such information, or (b) destroy such documents within the time period upon consent of 1133 the party who provided the information and certify in writing within thirty (30) days that the 1144 documents have been destroyed. Retention of documents by a law firm in accord with its 1155 document retention policies, if they exceed the time periods stated above, do not violate the terms 1166 /// 1177 /// 1188 /// 1199 /// 2200 /// 2211 /// 2222 /// 2233 /// 2244 /// 2255 /// 2266 /// 2277 2288 1 || of this Order. Although the parties may agree to be bound by the confidentiality terms of this 2 || Order beyond the conclusion of this lawsuit, the dismissal of this action will terminate the 3 || jurisdiction of this court unless otherwise agreed and ordered. 4 IT IS SO STIPULATED: 5 || Dated this 9° day of November, 2023. 6 WILSON ELSER BROWNSTEIN HYATT FARBER SCHRECK, □□□ 7 8 By: _/s/ Michael P. Lowry By:_/s/ Matthew D. Francis Michael P. Lowry Matthew D. Francis 9 6689 Las Vegas Blvd., South Arthur A. Zorio Suite 200 5520 Kietzke Lane, Suite 110 10 Las Vegas, Nevada 89119 Reno, Nevada 89511 il Attorneys for Amateur Athletic Attorneys for Matthew Williams Union of the United States Jam On It Basket Ball Academy, Inc., 12 Jam On It, LLC, and Jam On It Sportsplex, LLC BEN’S LAW Michael Mee i 14 15 By: _/s/ Stephany Tewell By: _/s/ Michael Mee Stephany “Miley” Tewell Michael Mee 16 Ben Lehavi 400 South 4th Street, Suite 500 5940 South Rainbow Blvd. Las Vegas, Nevada 89104 17 Las Vegas, Nevada 89118 Attorneys for Ennis Wesley, Tatiana Wesley 18 Attorneys for Michael Williams Sportsplex Las Vegas, LLC Brennan Sullivan 19 20 IT IS SO ORDERED: 21 22 UNITED STATES MAGISTRATE JUDGE 23 DATED: November 13, 2023 24 25 26 27 28 -10-

11 ATTACHMENT A 22 NONDISCLOSURE AGREEMENT 33 I, , do solemnly swear that I am fully familiar with the terms of the Protective 44 Order entered in Amateur Athletic Union of the United States, Inc. v. Matthew Williams et al., 55 United States District Court for the District of Nevada, 2:23-cv-00864-ART-BNW and hereby 66 agree to comply with and be bound by the terms and conditions of said Order unless and until 77 modified by further Order of this Court. I hereby consent to the jurisdiction of said Court for 88 purposes of enforcing this order. 99 Dated: Signed:_____________________________ 1100 1111 1122 1133 1144 1155 1166 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266 2277

2288 11 CERTIFICATE OF SERVICE

22 Pursuant to FRCP 5(b), I certify that I am an employee of BROWNSTEIN HYATT 33 FARBER SCHRECK, LLP, and on this 9th day of November, 2023, I served the document entitled 44 [PROPOSED] STIPULATED PROTECTIVE ORDER on the parties listed below via the 55 following: 66 VIA ELECTRONIC SERVICE: by electronically filing the document with the Clerk of 77 the Court using the ECF No./eFlex system which served the following parties electronically: 88 Michael P. Lowry, Esq. Ben Lehavi 99 WILSON ELSER Stefany A. Tewell 6689 Las Vegas Boulevard South, Suite 200 Ben’s Law 1100 Las Vegas, Nevada 89119 5940 S. Rainbow Blvd. Email: [email protected] Las Vegas, NV 89118 1111 Email: [email protected] 1122 Michael Mee, Esq. 400 South 4th Street, Suite 500 1133 Las Vegas, Nevada 89104 Email: [email protected] 1144

1155

1166 /s/ Jeff Tillison 1177 Employee of Brownstein Hyatt Farber Schreck, LLP 1188 1199 2200 2211 2222 2233 2244 2255 2266 2277 2288