1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 KBS HOLDCO, LLC DBA Case No. 2:22-CV-05750-FLA-GJS 14 REGENCY OUTDOOR [Assigned to Hon. Fernando L. Aenlle- ADVERTISING, a California limited Rocha, Courtroom 6B] 15 liability company, 16 Plaintiff, STIPULATED PROTECTIVE ORDER1 17 v. 18 CITY OF WEST HOLLYWOOD;

ORANGE BARREL MEDIA, LLC;

19 DAVID EHRLICH; and DOES 1-10, Inclusive, 20 Defendants. 21 22 23 24 25 26 27 1 This Stipulated Protective Order is substantially based on the model protective order 28 1 1. INTRODUCTION 2 A. PURPOSES AND LIMITATIONS 3 Discovery in this action is likely to involve production of confidential, 4 proprietary or private information for which special protection from public disclosure 5 and from use for any purpose other than prosecuting this litigation may be warranted, 6 as well as confidential governmental materials that reflect advisory opinions, 7 recommendations, and deliberations protected by law from disclosure. Accordingly, 8 the parties hereby stipulate to and petition the Court to enter the following Stipulated 9 Protective Order. The parties acknowledge that this Order does not confer blanket 10 protections on all disclosures or responses to discovery and that the protection it 11 affords from public disclosure and use extends only to the limited information or items 12 that are entitled to confidential and/or highly confidential treatment under the 13 applicable legal principles. 14 B. GOOD CAUSE STATEMENT 15 This action is likely to involve information that is entitled to special protections. 16 First, it is anticipated that the parties will produce valuable commercial, financial, 17 technical and/or proprietary information for which special protection from public 18 disclosure and from use for any purpose other than prosecution of this action is 19 warranted. Such confidential and proprietary materials and information consist of, 20 among other things, confidential information regarding billboard developments and 21 sites, confidential information regarding customers, advertisers, lessors, vendors, 22 marketing plans, pricing and profitability, contact information, confidential financial 23 information, information regarding confidential business practices and strategies, 24 methodologies and analyses, or other confidential research, development, or 25 commercial information (including information implicating privacy rights of third 26 parties), and information otherwise generally unavailable to the public, or which may 27 be privileged or otherwise protected from disclosure under state or federal statutes, 28 court rules, case decisions, or common law. This case also involves claims between 1 direct competitors in the California billboard industry – specifically, Plaintiff KBS 2 Holdco, LLC dba Regency Outdoor Advertising and Defendant Orange Barrel Media, 3 LLC. As such, there is a risk that disclosure of certain information even between the 4 Parties could cause significant harm absent adequate protections. 5 Second, the government entities involved in this action are likely to produce 6 materials reflecting advisory opinions, recommendations, and deliberations 7 comprising part of the process by which governmental decisions and policies are 8 formulated. This information is intended to be shielded from public view in order to 9 protect the ability of government policymakers to engage in frank and open 10 discussions prior to arriving at decisions and enacting law or policy. At the same time, 11 it is anticipated that this material may be relevant to the resolution of the present 12 disputes and exchanged between the parties in discovery. 13 Accordingly, to expedite the flow of information, to facilitate the prompt 14 resolution of disputes over confidentiality of discovery materials, to adequately 15 protect information the parties are entitled to keep confidential, to ensure that the 16 parties are permitted reasonable necessary uses of such material in preparation for and 17 in the conduct of trial, to address their handling at the end of the litigation, and serve 18 the ends of justice, a protective order for such information is justified in this matter. 19 Furthermore, in light of the existence of claims between direct competitors, and light 20 of the information at issue and the risks associated with discovery of competitively 21 sensitive as well as other sensitive information, this Stipulated Protective Order 22 provides for both “Confidential” and “Highly Confidential” levels of designation. 23 It is the intent of the parties that information will not be designated as 24 “Confidential” or “Highly Confidential” for tactical reasons and that nothing be so 25 designated without a good faith belief that it has been maintained in a confidential, 26 non-public manner, and there is good cause why it should not be part of the public 27 record of this case. 28 1 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 2 SEAL 3 The parties further acknowledge, as set forth in Section 12.3, below, that this 4 Stipulated Protective Order does not entitle them to file confidential information under 5 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 6 standards that will be applied when a party seeks permission from the court to file 7 material under seal. 8 There is a strong presumption that the public has a right of access to judicial 9 proceedings and records in civil cases. In connection with non-dispositive motions, 10 good cause must be shown to support a filing under seal. See Kamakana v. City and 11 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 12 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 13 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 14 cause showing), and a specific showing of good cause or compelling reasons with 15 proper evidentiary support and legal justification, must be made with respect to 16 Protected Material that a party seeks to file under seal. The parties’ mere designation 17 of Disclosure or Discovery Material as “CONFIDENTIAL” or “HIGHLY 18 CONFIDENTIAL” does not—without the submission of competent evidence by 19 declaration, establishing that the material sought to be filed under seal qualifies as 20 confidential, privileged, or otherwise protectable—constitute good cause. 21 Further, if a party requests sealing related to a dispositive motion or trial, then 22 compelling reasons, not only good cause, for the sealing must be shown, and the relief 23 sought shall be narrowly tailored to serve the specific interest to be protected. See 24 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 25 or type of information, document, or thing sought to be filed or introduced under seal 26 in connection with a dispositive motion or trial, the party seeking protection must 27 articulate compelling reasons, supported by specific facts and legal justification, for 28 the requested sealing order. Again, competent evidence supporting the application to 1 file documents under seal must be provided by declaration. 2 Any document that is not confidential, privileged, or otherwise protectable in 3 its entirety will not be filed under seal if the confidential portions can be redacted. If 4 documents can be redacted, then a redacted version for public viewing, omitting only 5 the confidential, privileged, or otherwise protectable portions of the document, shall 6 be filed. Any application that seeks to file documents under seal in their entirety 7 should include an explanation of why redaction is not feasible. 8 2. DEFINITIONS 9 2.1 Action: KBS Holdco LLC v. City of West Hollywood et al. (Case No. 10 2:22-CV-05750-FLA-GJS). 11 2.2 Challenging Party: a Party or Non-Party that challenges the designation 12 of information or items under this Order. 13 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 14 how it is generated, stored or maintained), documents or tangible things that qualify 15 for protection under Federal Rule of Civil Procedure 26(c) designated as 16 “Confidential” pursuant to the provisions of this Stipulation and in accordance with 17 the Good Cause Statement. 18 2.4 Counsel: Outside Counsel and House Counsel (as well as their support 19 staff). 20 2.5 Designating Party: a Party or Non-Party that designates information or 21 items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL.” 23 2.6 Disclosure or Discovery Material: all items or information, regardless of 24 the medium or manner in which it is generated, stored, or maintained (including, 25 among other things, testimony, transcripts, and tangible things), that are produced or 26 generated in disclosures or responses to discovery in this matter. 27 28 1 2.7 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 2.8 “HIGHLY CONFIDENTIAL” Information or Items: information 5 (regardless of how it is generated, stored or maintained), documents or tangible things 6 that qualify for protection under Federal Rule of Civil Procedure 26(c) that designated 7 as “Highly Confidential” pursuant to the provisions of this Stipulation and in 8 accordance with the Good Cause Statement. 9 2.9 House Counsel: attorneys who are employees of a party to this Action. 10 House Counsel does not include Outside Counsel. 11 2.10 Non-Party: any natural person, partnership, corporation, association or 12 other legal entity not named as a Party to this action. 13 2.11 Outside Counsel: attorneys who are affiliated with law firms and have 14 been retained to represent or advise a party to this Action as well as the support staff 15 of such attorneys. For the avoidance of doubt, Plaintiff’s Outside Counsel as defined 16 herein includes attorneys from Alston & Bird LLP and Heath Steinbeck, LLP. 17 2.12 Party: any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel (and their support 19 staffs). 20 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 2.14 Professional Vendors: persons or entities that provide litigation support 23 services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 and their employees and subcontractors. 26 2.15 Protected Material: any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 28 1 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 2 from a Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or extracted 6 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 7 Protected Material; and (3) any testimony, conversations, or presentations by Parties 8 or their Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial shall be governed by the orders of the trial 10 judge. This Order does not govern the use of Protected Material at trial. 11 4. DURATION 12 FINAL DISPOSITION of the action is defined as the conclusion of any 13 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 14 has run. Except as set forth below, the terms of this protective order apply through 15 FINAL DISPOSITION of the action. The parties may stipulate that they will be 16 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 17 but will have to file a separate action for enforcement of the agreement once all 18 proceedings in this case are complete. 19 Once a case proceeds to trial, information that was designated as 20 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 21 as an exhibit at trial becomes public and will be presumptively available to all 22 members of the public, including the press, unless compelling reasons supported by 23 specific factual findings to proceed otherwise are made to the trial judge in advance 24 of the trial. See Kamakana, 447 F.3d at 1180–81 (distinguishing “good cause” 25 showing for sealing documents produced in discovery from “compelling reasons” 26 standard when merits-related documents are part of court record). Accordingly, for 27 such materials, the terms of this protective order do not extend beyond the 28 commencement of the trial. 1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection under this 4 Order must take care to limit any such designation to specific material that qualifies 5 under the appropriate standards. The Designating Party must designate for protection 6 only those parts of material, documents, items or oral or written communications that 7 qualify so that other portions of the material, documents, items or communications for 8 which protection is not warranted are not swept unjustifiably within the ambit of this 9 Order. 10 Mass, indiscriminate or routinized designations are prohibited. Designations 11 that are shown to be clearly unjustified or that have been made for an improper 12 purpose (e.g., to unnecessarily encumber the case development process or to impose 13 unnecessary expenses and burdens on other parties) may expose the Designating Party 14 to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party must 17 promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 5.2 Manner and Timing of Designations. Except as otherwise provided in 19 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 20 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 21 under this Order must be clearly so designated before the material is disclosed or 22 produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic 25 documents, but excluding transcripts of depositions or other pretrial or trial 26 proceedings), that the Producing Party affix at a minimum, the legend 27 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY 28 CONFIDENTIAL” (hereinafter “HIGHLY CONFIDENTIAL legend”), to each page 1 that contains protected material. If only a portion of the material on a page qualifies 2 for protection, the Producing Party also must clearly identify the protected portion(s) 3 (e.g., by making appropriate markings in the margins). 4 A Party or Non-Party that makes original documents available for inspection 5 need not designate them for protection until after the inspecting Party has indicated 6 which documents it would like copied and produced. During the inspection and before 7 the designation, all of the material made available for inspection shall be deemed 8 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 9 copied and produced, the Producing Party must determine which documents, or 10 portions thereof, qualify for protection under this Order. Then, before producing the 11 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 12 or “HIGHLY CONFIDENTIAL legend” to each page that contains Protected 13 Material. If only a portion of the material on a page qualifies for protection, the 14 Producing Party also must clearly identify the protected portion(s) (e.g., by making 15 appropriate markings in the margins). 16 (b) for testimony given in depositions or other live pre-trial testimony: (i) by 17 a statement on the record, by counsel, at the time of such disclosure or before the 18 conclusion of such deposition or testimony; or (ii) by written notice, sent to all Parties 19 within 10 days after receipt of the transcript of such deposition or testimony; provided 20 that only those portions of the transcript designated shall be considered 21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” All depositions and other live 22 pre-trial testimony will be deemed to be “CONFIDENTIAL” until the expiration of 23 the tenth (10th) business day after counsel receives the final transcript from the court 24 reporter, after which such deposition and/or testimony will be treated in accordance 25 with its confidentiality designation, if any. The Parties may modify this procedure for 26 any particular deposition or other live pre-trial testimony, through agreement on the 27 record at such deposition or testimony or through written letter agreement between 28 1 counsel for the Parties at any time after such deposition or testimony, without further 2 order of the Court. 3 (c) for information produced in some form other than documentary and for 4 any other tangible items, that the Producing Party affix in a prominent place on the 5 exterior of the container or containers in which the information is stored the legend 6 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” If only a portion or portions 7 of the information warrants protection, the Producing Party, to the extent practicable, 8 shall identify the protected portion(s). 9 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 10 failure to designate qualified information or items does not, standing alone, waive the 11 Designating Party’s right to secure protection under this Order for such material. 12 Upon timely correction of a designation, the Receiving Party must make reasonable 13 efforts to assure that the material is treated in accordance with the provisions of this 14 Order. 15 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 16 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 17 designation of confidentiality at any time that is consistent with the Court’s 18 Scheduling Order. 19 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 20 resolution process under Local Rule 37.1 et seq. 21 6.3 The burden of persuasion in any such challenge proceeding shall be on 22 the Designating Party. Frivolous challenges, and those made for an improper purpose 23 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 24 expose the Challenging Party to sanctions. Unless the Designating Party has waived 25 or withdrawn the confidentiality designation, all parties shall continue to afford the 26 material in question the level of protection to which it is entitled under the Producing 27 Party’s designation until the Court rules on the challenge. 28 7. ACCESS TO AND USE OF PROTECTED MATERIAL 1 7.1 Basic Principles. A Receiving Party may use Protected Material that is 2 disclosed or produced by another Party or by a Non-Party in connection with this 3 Action only for prosecuting, defending or attempting to settle this Action. Such 4 Protected Material may be disclosed only to the categories of persons and under the 5 conditions described in this Order. When the Action has been terminated, a Receiving 6 Party must comply with the provisions of section 13 below. 7 Protected Material must be stored and maintained by a Receiving Party at a 8 location and in a secure manner that ensures that access is limited to the persons 9 authorized under this Order. 10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 11 otherwise ordered by the court or permitted in writing by the Designating Party, a 12 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 13 only to: 14 (a) the Receiving Party’s Outside Counsel, as well as employees of said 15 Outside Counsel to whom it is reasonably necessary to disclose the information for 16 this Action; 17 (b) the officers, directors, and employees (including House Counsel) of the 18 Receiving Party to whom disclosure is reasonably necessary for this Action; 19 (c) Experts (as defined in this Order) of the Receiving Party to whom 20 disclosure is reasonably necessary for this Action and who have signed the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (d) the court and its personnel; 23 (e) court reporters and their staff who have signed the “Acknowledgment 24 and Agreement to Be Bound” (Exhibit A); 25 (f) professional jury or trial consultants, mock jurors, and Professional 26 Vendors to whom disclosure is reasonably necessary for this Action and who have 27 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 28 1 (g) the author or recipient of a document containing the information or a 2 custodian or other person who otherwise possessed or knew the information; 3 (h) during their depositions, witnesses, and attorneys for witnesses, in the 4 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 5 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 6 not be permitted to keep any confidential information unless they sign the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 8 by the Designating Party or ordered by the court. Pages of transcribed deposition 9 testimony or exhibits to depositions that reveal Protected Material may be separately 10 bound by the court reporter and may not be disclosed to anyone except as permitted 11 under this Stipulated Protective Order; and 12 (i) any mediator or settlement officer, and their supporting personnel, 13 mutually agreed upon by any of the parties engaged in settlement discussions. 14 7.3 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. 15 Unless otherwise ordered by the court or permitted in writing by the Designating 16 Party, a Receiving Party may disclose any information or item designated “HIGHLY 17 CONFIDENTIAL” only to: 18 (a) the Receiving Party’s Outside Counsel, as well as employees of said 19 Outside Counsel to whom it is reasonably necessary to disclose the information for 20 this Action; 21 (b) Experts (as defined in this Order) of the Receiving Party to whom 22 disclosure is reasonably necessary for this Action and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (c) the court and its personnel; 25 (d) court reporters and their staff who have signed the “Acknowledgment 26 and Agreement to Be Bound” (Exhibit A); 27 28 1 (e) professional jury or trial consultants, mock jurors, and Professional 2 Vendors to whom disclosure is reasonably necessary for this Action and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (f) the author or recipient of a document containing the information or a 5 custodian or other person who otherwise possessed or knew the information; 6 (g) any mediator or settlement officer, and their supporting personnel, 7 mutually agreed upon by any of the parties engaged in settlement discussions. 8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 9 OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation 11 that compels disclosure of any information or items designated in this Action as 12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” that Party must: 13 (a) promptly notify in writing the Designating Party. Such notification shall 14 include a copy of the subpoena or court order; 15 (b) promptly notify in writing the party who caused the subpoena or order to 16 issue in the other litigation that some or all of the material covered by the subpoena or 17 order is subject to this Protective Order. Such notification shall include a copy of this 18 Stipulated Protective Order; and 19 (c) cooperate with respect to all reasonable procedures sought to be pursued 20 by the Designating Party whose Protected Material may be affected. 21 If the Designating Party timely seeks a protective order, the Party served with 22 the subpoena or court order shall not produce any information designated in this action 23 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” before a determination by 24 the court from which the subpoena or order issued, unless the Party has obtained the 25 Designating Party’s permission. The Designating Party shall bear the burden and 26 expense of seeking protection in that court of its confidential material and nothing in 27 these provisions should be construed as authorizing or encouraging a Receiving Party 28 in this Action to disobey a lawful directive from another court. 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non- 4 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 5 CONFIDENTIAL.” Such information produced by Non-Parties in connection with 6 this litigation is protected by the remedies and relief provided by this Order. Nothing 7 in these provisions should be construed as prohibiting a Non-Party from seeking 8 additional protections. 9 (b) In the event that a Party is required, by a valid discovery request, to 10 produce a Non-Party’s confidential information in its possession, and the Party is 11 subject to an agreement with the Non-Party not to produce the Non-Party’s 12 confidential information, then the Party shall: 13 (1) promptly notify in writing the Requesting Party and the Non-Party 14 that some or all of the information requested is subject to a confidentiality agreement 15 with a Non-Party; 16 (2) promptly provide the Non-Party with a copy of the Stipulated 17 Protective Order in this Action, the relevant discovery request(s), and a reasonably 18 specific description of the information requested; and 19 (3) make the information requested available for inspection by the 20 Non-Party, if requested. 21 (c) If the Non-Party fails to seek a protective order from this court within 14 22 days of receiving the notice and accompanying information, the Receiving Party may 23 produce the Non-Party’s confidential information responsive to the discovery request. 24 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 25 any information in its possession or control that is subject to the confidentiality 26 agreement with the Non-Party before a determination by the court. Absent a court 27 order to the contrary, the Non-Party shall bear the burden and expense of seeking 28 protection in this court of its Protected Material. 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 6 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 7 persons to whom unauthorized disclosures were made of all the terms of this Order, 8 and (d) request such person or persons to execute the “Acknowledgment and 9 Agreement to Be Bound” that is attached hereto as Exhibit A. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 11 PROTECTED MATERIAL 12 When a Producing Party gives notice to Receiving Parties that certain 13 inadvertently produced material is subject to a claim of privilege or other protection, 14 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 15 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 16 may be established in an e-discovery order that provides for production without prior 17 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 18 parties reach an agreement on the effect of disclosure of a communication or 19 information covered by the attorney-client privilege or work product protection, the 20 parties may incorporate their agreement in the stipulated protective order submitted to 21 the court. 22 12. MISCELLANEOUS 23 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 24 person to seek its modification by the Court in the future. 25 12.2 Right to Assert Other Objections. By stipulating to the entry of this 26 Protective Order, no Party waives any right it otherwise would have to object to 27 disclosing or producing any information or item on any ground not addressed in this 28 1 Stipulated Protective Order. Similarly, no Party waives any right to object on any 2 ground to use in evidence of any of the material covered by this Protective Order. 3 12.3 Filing Protected Material. A Party that seeks to file under seal any 4 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 5 only be filed under seal pursuant to a court order authorizing the sealing of the specific 6 Protected Material at issue. If a Party’s request to file Protected Material under seal 7 is denied by the court, then the Receiving Party may file the information in the public 8 record unless otherwise instructed by the court. 9 13. FINAL DISPOSITION 10 After the final disposition of this Action, as defined in paragraph 4, within 60 11 days of a written request by the Designating Party, each Receiving Party must return 12 all Protected Material to the Producing Party or destroy such material. As used in this 13 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 14 summaries, and any other format reproducing or capturing any of the Protected 15 Material. Whether the Protected Material is returned or destroyed, the Receiving 16 Party must submit a written certification to the Producing Party (and, if not the same 17 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 18 (by category, where appropriate) all the Protected Material that was returned or 19 destroyed and (2) affirms that the Receiving Party has not retained any copies, 20 abstracts, compilations, summaries or any other format reproducing or capturing any 21 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 22 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 23 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 24 reports, attorney work product, and consultant and expert work product, even if such 25 materials contain Protected Material. Any such archival copies that contain or 26 constitute Protected Material remain subject to this Protective Order even after final 27 disposition of this action. 28 14. VIOLATION 1 Any violation of this Order may be punished by appropriate measures 2 including, without limitation, contempt proceedings and/or monetary sanctions. 3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 5 6

7 Dated: October 3, 2024 ALSTON & BIRD LLP

8

9 By: /s/ Jesse Steinbach

10 JEFFREY A. ROSENFELD

JESSE STEINBACH

11 Attorney Plaintiff

KBS HOLDCO, LLC DBA REGENCY

12 OUTDOOR ADVERTISING

13 Dated: October 3, 2024 BEST BEST & KRIEGER LL

14

15 By: /s/ Gregory Caffas 16

SCOTT W. DITFURTH

17 DEAN S. ATYIA

ANDREW G. SAGHIAN

18 CHRISTINA ABBATE

GREGORY CAFFAS

19 Attorneys for Defendant City of West Hollywood 20

21 Dated: October 3, 2024 COZEN O’CONNOR

22

23 By: /s/ Evan Schweitzer 24

DAVID A. SHIMKIN

25 EVAN SCHWEITZER Attorneys for Defendant 26 David Ehrlich

27 28 1 Dated: October 3, 2024 GIBSON, DUNN & CRUTCHER LLP 2 3 By: /s/ Eric D. Vandevelde 4 ERIC D. VANDEVELDE

ILISSA SAMPLIN

5 SHAUN A. MATHUR Attorneys for Defendant 6 Orange Barrel Media, LLC 7 8 9 10 11 12 13 14 15 16 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 17 November 21, 2024 18 DATED: ________________________ 19 _____________________________________ 20

HON. GAIL J. STANDISH

21 United States Magistrate Judge 22 23 24 25 26 27 28 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 5 I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 [date] in the case of KBS Holdco LLC v. City of West Hollywood et al. (Case No. 2:22- 8 CV-05750-FLA-GJS). 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 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item that 12 is subject to this Stipulated Protective Order to any person or entity except in strict 13 compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of this 17 action. I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective 21 Order. 22 Date: ______________________________________ 23 24 City and State where sworn and signed: ____________________________ 25 26 Printed name: _______________________________ 27 Signature: __________________________________ 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28