1 2 3 4 5 6 7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9 10 Case No. 2:24-cv-06783-MEMF- 11 YETI Coolers, LLC, RAO 12 Plaintiff,

DISCOVERY MATTER -

13 v.

STIPULATED PROTECTIVE

ORDER1

14 MacSports, Inc. and Tofasco of America, Inc. 15 Defendants. 16 17 18 1. A. PURPOSES AND LIMITATIONS 19 Discovery in this action is likely to involve production of confidential, 20 proprietary, or private information for which special protection from public 21 disclosure and from use for any purpose other than prosecuting this litigation may 22 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 23 enter the following Stipulated Protective Order. The parties acknowledge that this 24 Order does not confer blanket protections on all disclosures or responses to 25 discovery and that the protection it affords from public disclosure and use extends 26 27 1 only to the limited information or items that are entitled to confidential treatment 2 under the applicable legal principles. 3 4 B. GOOD CAUSE STATEMENT 5 In light of the nature of the claims and allegations in this case and the parties’ 6 representations that discovery in this case will involve the production of confidential 7 information, and in order to expedite the flow of information, to facilitate the 8 prompt resolution of disputes over confidentiality of discovery materials, to 9 adequately protect information the parties are entitled to keep confidential, to ensure 10 that the parties are permitted reasonable necessary uses of such material in 11 connection with this action, to address their handling of such material at the end of 12 the litigation, and to serve the ends of justice, a protective order for such information 13 is justified in this matter. It is the intent of the parties that information will not be 14 designated as confidential for tactical reasons and that nothing be so designated 15 without a good faith belief that it has been maintained in a confidential, non-public 16 manner, and there is good cause why it should not be part of the public record of this 17 case. 18 19 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 20 The parties further acknowledge, as set forth in Section 12.3, below, that this 21 Stipulated Protective Order does not entitle them to file confidential information 22 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 23 and the standards that will be applied when a party seeks permission from the court 24 to file material under seal. 25 There is a strong presumption that the public has a right of access to judicial 26 proceedings and records in civil cases. In connection with non-dispositive motions, 27 good cause must be shown to support a filing under seal. See Kamakana v. City and 1 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, 2 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 3 require good cause showing), and a specific showing of good cause or compelling 4 reasons with proper evidentiary support and legal justification, must be made with 5 respect to Protected Material that a party seeks to file under seal. The parties’ mere 6 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 7 without the submission of competent evidence by declaration, establishing that the 8 material sought to be filed under seal qualifies as confidential, privileged, or 9 otherwise protectable—constitute good cause. 10 Further, if a party requests sealing related to a dispositive motion or trial, then 11 compelling reasons, not only good cause, for the sealing must be shown, and the 12 relief sought shall be narrowly tailored to serve the specific interest to be protected. 13 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 14 each item or type of information, document, or thing sought to be filed or introduced 15 under seal in connection with a dispositive motion or trial, the party seeking 16 protection must articulate compelling reasons, supported by specific facts and legal 17 justification, for the requested sealing order. Again, competent evidence supporting 18 the application to file documents under seal must be provided by declaration. 19 Any document that is not confidential, privileged, or otherwise protectable in 20 its entirety will not be filed under seal if the confidential portions can be redacted. 21 If documents can be redacted, then a redacted version for public viewing, omitting 22 only the confidential, privileged, or otherwise protectable portions of the document 23 shall be filed. Any application that seeks to file documents under seal in their 24 entirety should include an explanation of why redaction is not feasible. 25 26 2. DEFINITIONS 27 2.1 Action: this pending federal lawsuit. 1 designation of information or items under this Order. 2 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 3 how it is generated, stored or maintained) or tangible things that qualify for 4 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 5 the Good Cause Statement, including, but not limited to, information which the 6 Designating Party believes in good faith constitutes, contains, embodies, or reflects 7 trade secrets or other non-public and confidential technical, commercial, financial, 8 or business information, or other valuable information covered by a legitimate 9 privacy right or interest. 10 2.4 “CONFIDENTIAL ATTORNEYS EYES ONLY” Information or 11 Items: information (regardless of how it is generated, stored or maintained) or 12 tangible things that qualify for protection under Federal Rule of Civil Procedure 13 26(c), and as specified above in the Good Cause Statement, including information 14 which the Designating Party believes in good faith constitutes, contains, embodies, 15 or reflects especially sensitive information, or where there is a significant risk of 16 competitive disadvantage or harm if disclosed to another party without restriction 17 upon use or further disclosure, or that affords the designating party an actual or 18 potential economic advantage over others, and which may include, but is not limited 19 to, product sales, product volume, pricing, revenue, profit, costs, margins, customer 20 lists, currently implemented or not yet implemented marketing plans and analyses, 21 research and development information and plans or strategies for new products or 22 products not yet released to the marketplace, and trade secrets. 23 “CONFIDENTIAL” and “CONFIDENTIAL ATTORNEYS EYES ONLY” 24 information or items shall not include any information, document, or thing which: 25 (i) at the time of the disclosure hereunder is available to the public; 26 or 27 (ii) after disclosure hereunder becomes available to the public 1 (iii) the Receiving Party can show: (a) was already known to the 2 Receiving Party; (b) was independently developed by the 3 Receiving Party; or (c) was received by the Receiving Party, 4 after the time of disclosure hereunder, from a non-party having 5 the right to make such a disclosure. 6 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 7 their support staff). 8 2.6 Designating Party: a Party or Non-Party that designates information, 9 documents, or items that it produces or otherwise discloses as “CONFIDENTIAL” 10 or “CONFIDENTIAL ATTORNEYS EYES ONLY.” 11 2.7 Disclosure or Discovery Material: all items or information, regardless 12 of the medium or manner in which it is generated, stored, or maintained (including, 13 among other things, testimony, transcripts, and tangible things) that are produced or 14 generated in disclosures or responses to discovery in this matter. 15 2.8 Expert: a person with specialized knowledge or experience in a matter 16 pertinent to the litigation who has been retained by a Party or its counsel to serve as 17 an expert witness or as a consultant in this Action. 18 2.9 House Counsel: attorneys who are employees of a party to this Action. 19 House Counsel does not include Outside Counsel of Record or any other outside 20 counsel. 21 2.10 Non-Party: any natural person, partnership, corporation, association or 22 other legal entity not named as a Party to this action. 23 2.11 Outside Counsel of Record: attorneys who are not employees of a 24 party to this Action but are retained to represent or advise a party to this Action and 25 have appeared in this Action on behalf of that party, as well as their law firms, 26 partners, shareholders, and associates who are working on this action on behalf of 27 any party, and including the paralegals, assistants, and stenographic and clerical 1 2.12 Party: any party to this Action, including all of its officers, directors, 2 employees, consultants, retained experts, and Outside Counsel of Record (and their 3 support staffs). 4 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 5 Discovery Material in this Action. 6 2.14 Professional Vendors: persons or entities that provide litigation 7 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 8 demonstrations, and organizing, storing, or retrieving data in any form or medium) 9 and their employees and subcontractors. 10 2.15 Protected Material: any Disclosure or Discovery Material that is 11 designated as “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS EYES 12 ONLY.” 13 2.16 Receiving Party: a Party that receives Disclosure or Discovery 14 Material from a Producing Party. 15 16 3. SCOPE 17 The protections conferred by this Protective Order cover not only Protected 18 Material (as defined above), but also (1) any information copied or extracted from 19 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 20 Material; and (3) any testimony, conversations, or presentations by Parties or their 21 Counsel that might reveal Protected Material. 22 Any use of Protected Material at trial shall be governed by the orders of the 23 trial judge. This Order does not govern the use of Protected Material at trial. 24 25 4. DURATION 26 This Protective Order shall survive final disposition of this Action, and final 27 disposition of this Action shall not relieve any person from the obligations of this 1 thereof, to the extent information or material so designated remains “Confidential” 2 or “Confidential Attorneys Eyes Only.” Final disposition shall be deemed to be the 3 later of (1) dismissal of all claims and defenses in this Action, with or without 4 prejudice; or (2) final adjudication of this case including appeals. 5 6 5. DESIGNATING PROTECTED MATERIAL 7 5.1 Exercise of Restraint and Care in Designating Material for Protection. 8 Each Party or Non-Party that designates information or items for protection under 9 this Order must take care to limit any such designation to specific material that 10 qualifies under the appropriate standards. The Designating Party must designate for 11 protection only those parts of material, documents, items or oral or written 12 communications that qualify so that other portions of the material, documents, items 13 or communications for which protection is not warranted are not swept unjustifiably 14 within the ambit of this Order. 15 Mass, indiscriminate or routinized designations are prohibited. Designations 16 that are shown to be clearly unjustified or that have been made for an improper 17 purpose (e.g., to unnecessarily encumber the case development process or to impose 18 unnecessary expenses and burdens on other parties) may expose the Designating 19 Party to sanctions. 20 If it comes to a Designating Party’s attention that information or items that it 21 designated for protection do not qualify for protection, that Designating Party must 22 promptly notify all other Parties that it is withdrawing the inapplicable designation. 23 5.2 Manner and Timing of Designations. Except as otherwise provided in 24 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 25 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 26 under this Order must be clearly so designated before the material is disclosed or 27 produced. 1 (a) for information in documentary form (e.g., paper or electronic 2 documents, but excluding transcripts of depositions or other pretrial or trial 3 proceedings), that the Producing Party affix at a minimum, the legend 4 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS EYES ONLY”, or 5 “CONF” or “AEO” for electronic file names (hereinafter “CONFIDENTIAL 6 legend”), to each electronic document (e.g., including “CONF” or “AEO” in the 7 electronic file name), and, where practicable, to each page that contains protected 8 material. If only certain pages or a portion of the material on a page qualifies for 9 protection, the Producing Party also must clearly identify the protected pages and/or 10 portion(s) (e.g., by making appropriate markings in the margins). 11 A Party or Non-Party that makes original documents available for inspection 12 need not designate them for protection until after the inspecting Party has indicated 13 which documents it would like copied and produced. During the inspection and 14 before the designation, all of the material made available for inspection shall be 15 deemed “CONFIDENTIAL ATTORNEYS EYES ONLY.” After the inspecting 16 Party has identified the documents it wants copied and produced, the Producing 17 Party must determine which documents, or portions thereof, qualify for protection 18 under this Order. Then, before producing the specified documents, the Producing 19 Party must affix the “CONFIDENTIAL legend” to each page that contains Protected 20 Material. If only a portion of the material on a page qualifies for protection, the 21 Producing Party also must clearly identify the protected portion(s) (e.g., by making 22 appropriate markings in the margins). 23 (b) for testimony given in depositions, that the Designating Party 24 identifies the Disclosure or Discovery Material either (a) on the record during the 25 deposition, or (b) by written notice to all counsel of record within fourteen days 26 after the party wishing to make the designation receives the final transcript. Pending 27 the expiration of said fourteen days, all parties and persons shall presumptively treat 1 information. If no portions of the transcript are designated as “CONFIDENTIAL” or 2 “CONFIDENTIAL ATTORNEYS EYES ONLY” information by any party to this 3 action or by the deponent during said deposition or within said fourteen days, the 4 transcript shall be considered not to contain any “CONFIDENTIAL” or 5 “CONFIDENTIAL ATTORNEYS EYES ONLY” information. Counsel for each 6 party to this action shall be responsible for marking any designated portions of 7 copies of the transcript in their possession with a confidentiality legend if written 8 notice is provided within said fourteen days. With regard to testimony designated 9 during a deposition as “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS 10 EYES ONLY” under this Protective Order, the designating party shall have the right 11 to exclude from the designated portion of the deposition, prior to the taking of the 12 designated testimony, all persons except: the deponent and its outside counsel, 13 outside counsel of record for named parties, the court reporter, and such other 14 persons who are bound by this Protective Order and are authorized to have access to 15 such information. For avoidance of doubt, a party can attend any deposition in this 16 case, but will be required to leave any portion of the deposition implicating 17 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS EYES ONLY” 18 testimony. 19 (c) for information produced in some form other than documentary and 20 for any other tangible items, that the Producing Party affix in a prominent place on 21 the exterior of the container or containers in which the information is stored the 22 “CONFIDENTIAL legend.” If only a portion or portions of the information 23 warrants protection, the Producing Party, to the extent practicable, shall identify the 24 protected portion(s). 25 5.3 Failures to Designate. 26 The disclosure or production by a Party or Non-Party of information, 27 documents, or things that it believes should have been designated as 1 regardless of whether the information, documents, or things were so designated at 2 the time of disclosure, shall not be deemed a waiver in whole or in part of the 3 Party’s or Non-Party’s claim of confidentiality, either as to the specific information 4 disclosed or as to any other information relating thereto or on the same or related 5 subject matter. If a Party or Non-Party produces or provides discovery of any 6 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS EYES ONLY” 7 information without designating it as such, the Party or Non-Party may give written 8 notice to the Receiving Party or parties that the information or material is 9 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS EYES ONLY” and 10 should be treated in accordance with the provisions of this Protective Order. The 11 Receiving Party or parties must treat such information or material as 12 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS EYES ONLY” as 13 notified from the date such notice is received. Disclosure of such information or 14 material, prior to receipt of such notice, to persons not authorized to receive 15 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS EYES ONLY” shall not 16 be deemed a violation of this Protective Order; however, those persons to whom 17 disclosure was made are to be advised that the material disclosed is 18 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS EYES ONLY” and must 19 be treated in accordance with this Protective Order. 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 22 designation of confidentiality at any time that is consistent with the Court’s 23 Scheduling Order. 24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 25 resolution process under Local Rule 37.1 et seq. 26 6.3 The burden of persuasion in any such challenge proceeding shall be on 27 the Designating Party. Frivolous challenges, and those made for an improper 1 parties) may expose the Challenging Party to sanctions. Unless the Designating 2 Party has waived or withdrawn the confidentiality designation, all parties shall 3 continue to afford the material in question the level of protection to which it is 4 entitled under the Producing Party’s designation until the Court rules on the 5 challenge. 6 7 7. ACCESS TO AND USE OF PROTECTED MATERIAL 8 7.1 Basic Principles. A Receiving Party may use Protected Material that is 9 disclosed or produced by another Party or by a Non-Party in connection with this 10 Action only for prosecuting, defending, or attempting to settle this Action. Such 11 Protected Material may be disclosed only to the categories of persons and under the 12 conditions described in this Order. When the Action has been terminated, a 13 Receiving Party must comply with the provisions of section 13 below (FINAL 14 DISPOSITION). 15 Protected Material must be stored and maintained by a Receiving Party at a 16 location and in a secure manner that ensures that access is limited to the persons 17 authorized under this Order. 18 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 19 otherwise ordered by the court or permitted in writing by the Designating Party, 20 information, documents, and things designated "CONFIDENTIAL” shall not be 21 provided, shown, made available, or communicated in any way to any person or 22 entity with the exception of: 23 (a) Outside Counsel of Record (as defined in this Order); 24 (b) up to five individuals of the Receiving Party who are officers, 25 directors, or employees (including House Counsel) of the Receiving Party to whom 26 disclosure is reasonably necessary for this Action and who, prior to any disclosure 27 of information, documents, and things designated "CONFIDENTIAL,” have been 1 provided a copy of the Stipulated Protective Order; 2 (c) Experts (as defined in this Order), as well as employees and assistants 3 working under the control of such Experts, to whom disclosure is reasonably 4 necessary for this Action and who have signed the “Acknowledgment and 5 Agreement to Be Bound” (Exhibit A) and “Undertaking” (Exhibit B). No 6 information, documents, or things designated as “CONFIDENTIAL” or 7 “CONFIDENTIAL ATTORNEYS EYES ONLY” shall be disclosed to any Experts 8 pursuant to this Section, however, until at least seven days have lapsed following 9 written notice via email to the Designating Party of the first expected disclosure of 10 designated information to the proposed Experts. A fully executed copy of Exhibits 11 A and B completed by the proposed Expert and a current and complete curriculum 12 vitae shall be included with said written notice. If the Designating Party makes a 13 written objection to the proposed Expert within the seven-day period, no disclosure 14 of the Designating Party’s Protected Material may be made to the proposed Expert 15 until the objection has been resolved. If the parties cannot resolve the issue, the 16 party seeking disclosure may seek an appropriate order from the Court compelling 17 disclosure of the Protected Material to the proposed Expert; 18 (d) the court and its personnel; 19 (e) court reporters and their staff performing services in connection with 20 this action; 21 (f) outside vendors who perform litigation services including, but not 22 limited to, professional jury or trial consultants, mock jurors, and Professional 23 Vendors to whom disclosure is reasonably necessary for this Action, but only for so 24 long as necessary to perform those services; 25 (g) any person identified as an author, addressee, or recipient of a 26 document containing the information who is not otherwise shown prior to such 27 disclosure not to have received the document, or any person who participated in any 1 to or has been identified by the Designating Party as being a custodian or as having 2 been provided with the document or thing or with the information therein; 3 (h) any person who is a director, officer, or employee of the Designating 4 Party, or who has been identified by the Designating Party as a Fed. R. Civ. P. 5 30(b)(6) witness for subject matter that pertains to said document or thing; 6 (i) any mediator or settlement officer, and their supporting personnel, 7 mutually agreed upon by any of the parties engaged in settlement discussions. 8 7.3 Disclosure of “CONFIDENTIAL ATTORNEYS EYES ONLY” 9 Information or Items. Unless otherwise ordered by the court or permitted in writing 10 by the Designating Party, information, documents, and things designated 11 “CONFIDENTIAL ATTORNEYS EYES ONLY” shall not be provided, shown, 12 made available, or communicated in any way to any person or entity with the 13 exception of those persons or entities referred to above in Section 7.2(a) or 7.2(c)- 14 (i). 15 7.4 In the event that any “CONFIDENTIAL” or “CONFIDENTIAL 16 ATTORNEYS EYES ONLY” information is used in any court proceeding or 17 deposition in connection with this Action, it shall not lose its status as 18 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS EYES ONLY” 19 information through such use, provided that the parties to this action take steps 20 reasonably calculated to protect its confidentiality during such use. 21 7.5 Nothing in this Protective Order shall bar or otherwise restrict any 22 attorney from rendering advice with respect to this action and, in the course thereof, 23 from generally referring to or relying upon the attorney’s examination or receipt of 24 “Confidential” or “Confidential Attorneys Eyes Only” information. In rendering 25 such advice or in otherwise communicating, the attorney shall not disclose the 26 specific content of any information, document, or thing identified as “Confidential” 27 or “Confidential Attorneys Eyes Only” by a designating party where such disclosure 1 2 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 3 PRODUCED IN OTHER LITIGATION 4 If a Party is served with a subpoena or a court order issued in other litigation 5 that compels disclosure of any information or items designated in this Action as 6 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS EYES ONLY,” that 7 Party must: 8 (a) promptly notify in writing the Designating Party. Such notification 9 shall include a copy of the subpoena or court order; 10 (b) promptly notify in writing the party who caused the subpoena or order 11 to issue in the other litigation that some or all of the material covered by the 12 subpoena or order is subject to this Protective Order. Such notification shall include 13 a copy of this Stipulated Protective Order; and 14 (c) cooperate with respect to all reasonable procedures sought to be 15 pursued by the Designating Party whose Protected Material may be affected. 16 If the Designating Party timely seeks a protective order, the Party served with 17 the subpoena or court order shall not produce any information designated in this 18 action as “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS EYES ONLY” 19 before a determination by the court from which the subpoena or order issued, unless 20 the Party has obtained the Designating Party’s permission. The Designating Party 21 shall bear the burden and expense of seeking protection in that court of its 22 confidential material and nothing in these provisions should be construed as 23 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 24 directive from another court. 25 26 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 27 PRODUCED IN THIS LITIGATION 1 Non-Party in this Action and designated as “CONFIDENTIAL” or 2 “CONFIDENTIAL ATTORNEYS EYES ONLY.” Such information produced by 3 Non-Parties in connection with this litigation is protected by the remedies and relief 4 provided by this Order. Nothing in these provisions should be construed as 5 prohibiting a Non-Party from seeking additional protections. 6 (b) In the event that a Party is required, by a valid discovery request, to 7 produce a Non-Party’s confidential information in its possession, and the Party is 8 subject to an agreement with the Non-Party not to produce the Non-Party’s 9 confidential information, then the Party shall: 10 (1) promptly notify in writing the Requesting Party and the Non-Party 11 that some or all of the information requested is subject to a confidentiality 12 agreement with a Non-Party; 13 (2) promptly provide the Non-Party with a copy of the Stipulated 14 Protective Order in this Action, the relevant discovery request(s), and a reasonably 15 specific description of the information requested; and 16 (3) make the Non-Party’s information requested available for 17 inspection by the Non-Party, if requested. 18 (c) If the Non-Party fails to seek a protective order from this court within 19 14 days of receiving the notice and accompanying information, the Receiving Party 20 may produce the Non-Party’s confidential information responsive to the discovery 21 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 22 not produce any information in its possession or control that is subject to the 23 confidentiality agreement with the Non-Party before a determination by the court. 24 Absent a court order to the contrary, the Non-Party shall bear the burden and 25 expense of seeking protection in this court of its Protected Material. 26 27 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 1 Protected Material to any person or in any circumstance not authorized under this 2 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 3 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 4 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 5 persons to whom unauthorized disclosures were made of all the terms of this Order, 6 and (d) request such person or persons to execute the “Acknowledgment and 7 Agreement to Be Bound” that is attached hereto as Exhibit A. 8 9 11. PRODUCTION MATERIALS PROTECTED FROM DISCLOSURE 10 A. The production or disclosure of privileged or work-product protected 11 documents, electronically stored information, tangible things, or information, 12 whether inadvertent or otherwise, is not a waiver of the privilege or protection from 13 discovery in this case or in any other federal or state proceeding. This Order shall be 14 interpreted to provide the maximum protection allowed by Federal Rule of Evidence 15 502. 16 B. Nothing contained herein is intended to or shall serve to limit a Party’s or 17 Non-Party’s right to conduct a review of documents, ESI, or information (including 18 metadata) for relevance, responsiveness, and/or segregation of privileged and/or 19 protected information before production. 20 C. If a Receiving Party discovers that discovery may have been inadvertently 21 or otherwise produced that it believes is subject to a claim of an applicable privilege 22 or subject to the work product doctrine, it shall notify the Producing Party in writing 23 as soon as reasonably practicable after learning of the disclosure. If a Party or Non- 24 Party inadvertently or otherwise produces or provides discovery that it believes is 25 subject to a claim of an applicable privilege or subject to the work product doctrine, 26 the Producing Party may give written notice to the Receiving Party or parties that 27 the information or material is subject to a claim of privilege and request that the 1 requests the return, pursuant to this Section, of any discovery, the Receiving Party or 2 parties shall not use or disclose, and shall immediately return to the Producing Party, 3 all copies of such information or material or confirm that all copies of such 4 information or material have been destroyed. 5 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 Similarly, the designation of information, documents, or things as “Confidential 15 Information” or “Confidential Attorneys Eyes Only Information” pursuant to this 16 Protective Order shall not be construed as a concession that such information is 17 relevant or material to any issues or is otherwise discoverable or admissible. Nor 18 shall the inspection or receipt by a party to this action of information, documents, or 19 things designated as “Confidential Information” or “Confidential Attorneys Eyes 20 Only Information” hereunder constitute a concession that the information, 21 documents, or things are confidential. 22 12.3 Filing Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Local Civil Rule 79-5. Protected Material 24 may only be filed under seal pursuant to a court order authorizing the sealing of the 25 specific Protected Material at issue. If a Party’s request to file Protected Material 26 under seal is denied by the court, then the Receiving Party may file the information 27 in the public record unless otherwise instructed by the court. 1 email on all counsel of record. The date by which a party to this action receiving a 2 notice shall respond, or otherwise take action, shall be computed from the date the 3 email was sent. Any of the notice requirements herein may be waived in whole or in 4 part, but only in writing signed by an attorney for the designating party. 5 6 13. FINAL DISPOSITION 7 Within sixty (60) days after the final disposition of this Action, as defined in 8 paragraph 4, each Receiving Party must return all Protected Material to the 9 Producing Party or destroy such material. As used in this subdivision, “all Protected 10 Material” includes all copies, abstracts, compilations, summaries, and any other 11 format reproducing or capturing any of the Protected Material. Whether the 12 Protected Material is returned or destroyed, the Receiving Party must submit a 13 written certification to the Producing Party (and, if not the same person or entity, to 14 the Designating Party) by the sixty (60) day deadline that (1) identifies (by category, 15 where appropriate) all the Protected Material that was returned or destroyed and (2) 16 affirms that the Receiving Party has not retained any copies, abstracts, compilations, 17 summaries or any other format reproducing or capturing any of the Protected 18 Material. Notwithstanding this provision, Outside Counsel of Record are entitled to 19 retain an archival copy of all pleadings, motion papers, and other court filings, 20 discovery responses, documents provided pursuant to the Court’s scheduling orders, 21 trial, deposition, and hearing transcripts, legal memoranda, correspondence, 22 deposition and trial exhibits, expert reports, attorney work product, and consultant 23 and expert work product, even if such materials contain Protected Material, 24 provided that all such documents will be held for their internal use only. Any such 25 archival copies that contain or constitute Protected Material remain subject to this 26 Protective Order as set forth in Section 4 (DURATION). A Party which has 27 disclosed “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS EYES ONLY” 1 either (a) obtaining all documents or things containing “CONFIDENTIAL” or 2 “CONFIDENTIAL ATTORNEYS EYES ONLY,” including all copies, summaries, 3 excerpts, charts, or notes thereof, from those persons or entities, and for disposing of 4 those documents or things in a manner provided for in this Section; or (b) obtaining 5 written confirmation from those persons or entities that all such information and 6 material has been destroyed. 7 8 14. VIOLATION 9 Any violation of this Order may be punished by appropriate measures 10 including, without limitation, contempt proceedings and/or monetary sanctions. 11 12 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 13 14 DATED 1/16/2025 15 /s/ Kimberly S. Devine

BANNER & WITCOFF, LTD.

16 Michael L. Krashin (pro hac vice) 17 Victoria R. M. Webb (pro hac vice) Kimberly S. Devine (pro hac vice) 18

19 STRADLING YOCCA CARLSON & RAUTH LLP Jason De Bretteville 20

21 Attorneys for Plaintiff YETI COOLERS, LLC 22 23 DATED:_ 1/16/2025 24 /s/ Sarah Van Buiten 25

RUTAN & TUCKER, LLP

26 Ronald P. Oines Sarah Van Buiten 27 Attorneys for Defendant MacSports, Inc. 1

DATED:_ 1/16/2025

2 3 /s/ Sarah Van Buiten 4 RUTAN & TUCKER, LLP Ronald P. Oines 5 Sarah Van Buiten 6 Attorneys for Defendant Tofasco of America, Inc. 7 8 CERTIFICATION OF ELECTRONIC SIGNATURE 9 Pursuant to Local Rule 5-4.3.4(a)(2)(i), I hereby certify that all other signatories listed, and 10 on whose behalf the filing is submitted, concur in the filing’s content and have authorized the 11 filing. 12 Dated: January 16, 2024 By: /s/ Kimberly S. Devine 13 Kimberly S. Devine 14 15 16

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

17 18 DATED: January 17, 2025 19 20 /s/ _____________________________________ 21 HON. ROZELLA A. OLIVER

UNITED STATES MAGISTRATE JUDGE

22 23 24 25 26 27 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of YETI Coolers, LLC v. MacSports, Inc. et al 2:24-cv-06783- 9 MEMF-RAO . I agree to comply with and to be bound by all the terms of this 10 Stipulated Protective Order and I understand and acknowledge that failure to so 11 comply could expose me to sanctions and punishment in the nature of contempt. I 12 solemnly promise that I will not disclose in any manner any information or item that 13 is subject to this Stipulated Protective Order to any person or entity except in strict 14 compliance with the provisions of this Order. I will return to outside counsel for the 15 party by whom I am employed or retained all “CONFIDENTIAL” and/or 16 “CONFIDENTIAL ATTORNEYS EYES ONLY” information that comes into my 17 possession, and documents or things which I have prepared relating thereto. 18 Alternatively, I will provide to outside counsel for the party by whom I am 19 employed or retained a written certification that all such information and documents 20 or things have been destroyed. 21 I further agree to submit to the jurisdiction of the United States District Court for the 22 Central District of California for enforcing the terms of this Stipulated Protective 23 Order, even if such enforcement proceedings occur after termination of this action. 24 I hereby appoint __________________________ [print or type full name] of 25 _______________________________________ [print or type full address and 26 telephone number] as my California agent for service of process in connection with 27 this action or any proceedings related to enforcement of this Stipulated Protective 1 Date: ______________________________________ 2 City and State where sworn and signed: _________________________________ 3 4 Printed name: _______________________________ 5 6 Signature: __________________________________ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 EXHIBIT B 2 UNDERTAKING 3 I, ______________________________, declare as follows: 4 1. My business address is ______________________________________. 5 2. My present employer and the address of my present employer (if 6 different from above) is _______________________________________________. 7 3. My present occupation or job description is _____________________ 8 ____________________________________________. My job title is 9 ____________________________________________. 10 11 I declare under penalty of perjury under the laws of the United States of 12 America that the foregoing is true and correct. 13 14 Dated: Signed: 15 16 17 18 19 20 21 22 23 24 25 26 27