Case P:21-cv-09788-SB-JPR Document 25 Filed 04/05/22 Page1of17 Page ID #:181 3 NOTE: CHANGES MADE BY THE COURT 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 A 11 |} TODD BIGELOW, Case No. 2:21-cv-09788-SB-JPR □□□ 12 Plaintiff, PROPOSED ORDER RE 3 z 3 STIPUEATED PROTECTIVE □□ □□ ADVENTURE PHOTO TOURS, INC., | The Hon. Stanley Blumenfeld, Jr. 28 15 BOO inclustve avdcach oF theme Trial Date: TBD = 16 Defendant. Bl 17

PURPOSES AND LIMITATIONS

19 A. □ Discovery in this action is likely to involve production of confidential, 20 || proprietary, or private information for which special protection from public disclosure 21 || and from use for any purpose other than prosecuting this litigation may be warranted. 22 || Accordingly, the parties hereby stipulate to and petition the Court to enter the 23 || following Stipulated Protective Order. The parties acknowledge that this Order does 24 ||not confer blanket protections on all disclosures or responses to discovery and that 25 || the protection it affords from public disclosure and use extends only to the limited 26 || information or items that are entitled to confidential treatment under the applicable 27 || legal principles. 28

"PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER)

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1 B. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 2 SEAL 3 The parties further acknowledge, as set forth in Section XIII(C), below, that 4 || this Stipulated Protective Order does not entitle them to file confidential information 5 || under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and 6 || the 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 es 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., SF 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 se 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 A! ||of Disclosure or Discovery Material as CONFIDENTIAL or CONFIDENTIAL- 18 || ATTORNEYS’ EYES ONLY does not—without the submission of competent 19 || evidence by declaration, establishing that the material sought to be filed under seal 20 || qualifies as confidential, privileged, or otherwise protectable—constitute good cause. 21 Any document that is not confidential, privileged, or otherwise protectable in 22 || 1ts entirety will not be filed under seal if the confidential portions can be redacted. If 23 || documents can be redacted, then a redacted version for public viewing, omitting only 24 || the confidential, privileged, or otherwise protectable portions of the document, shall 25 ||be filed. Any application that seeks to file documents under seal in their entirety 26 || should include an explanation of why redaction is not feasible. 27|| 11. GOOD CAUSE STATEMENT 28

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER

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1 A. This action is likely to involve trade secrets, customer and pricing lists 2 ||and other valuable research, development, commercial, financial, technical and/or 3 || proprietary information for which special protection from public disclosure and from 4 |/use for any purpose other than prosecution of this action may be warranted. Such 5 || confidential and proprietary materials and information may consist of, among other 6||things, confidential business or financial information, information regarding 7 || confidential business practices, including relationships developed with resellers over 8 ||the years of business, or other confidential research, development, or commercial 9 ||information (including information implicating privacy rights of third parties), 10 || information otherwise generally unavailable to the public, or which may be privileged es 11 || or otherwise protected from disclosure under state or federal statutes, court rules, case

12 ||decisions, or common law. Accordingly, to expedite the flow of information, to sr ___ 13 || facilitate the prompt resolution of disputes over confidentiality of discovery materials, ze 14||to adequately protect information the parties are entitled to keep confidential, to eee | |lensure that the parties are permitted reasonable necessary uses of such material in = 16 || preparation for and in the conduct of trial, to address their handling at the end of the = 17 || litigation, and serve the ends of justice, a protective order for such information is 18 || justified in this matter. It 1s the intent of the parties that information will not be 19 || designated as confidential for tactical reasons and that nothing be so designated 20 || without a good faith belief that it has been maintained in a confidential, non-public 21 || manner, and there is good cause why it should not be part of the public record of this 22 || case.

DEFINITIONS

24 A. Action: Todd Bigelow v Adventure Photo Tours, Inc. Will Tyron et al, 25 || Case No. 2:21-cv-09788-SB-JPR. 26 B. Challenging Party: A Party or Non-Party that challenges the designation 27 || of information or items under this Order. 28

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER

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1 C. “CONFIDENTIAL” Information or Items: Information (regardless of 2 || how it is generated, stored or maintained) or tangible things that qualify for protection 3 |}under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 4 || Cause Statement. 5 D. “CONFIDENTIAL-ATTORNEYS* EYES ONLY” Information or 6 ||Items: Information may be further restricted than stated above by the producing 7||source designating the information “CONFIDENTIAL-ATTORNEYS’ EYES 8 || ONLY.” This designation shall be used as sparingly as possible. This designation 1s 9 || limited to particularly sensitive confidential information that cannot be disclosed 10 || without serious threat of direct or indirect competitive injury by use in a manner other «| 11/||than reasonably necessary to litigation of the Action. The designation of any , 12 || document or information as “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” shall sr _ 13 |/only be made by an attorney reviewing the material, and shall constitute a certification □ 2 14|| by the attorney that he or she in good faith believes the material deserves this eee 15 heightened level of protection under Federal Rule of Civil Procedure 26(c)(1)(G). = 2 16 E. Counsel: Outside Counsel of Record and House Counsel (as well as their 1! —17|| support staff). 18 F. Designating Party: A Party or Non-Party that designates information or 19 |}items that it produces in disclosures or in responses to discovery as 20 || “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” 21 G. Disclosure or Discovery Material: All items or information, regardless 22 || of the medium or manner in which it is generated, stored, or maintained (including, 23 ||among other things, testimony, transcripts, and tangible things), that are produced or 24 || generated in disclosures or responses to discovery in this matter. 25 H. Expert: A person with specialized knowledge or experience in a matter 26 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 27 || an expert witness or as a consultant in this Action. 28

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER

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1 I. House Counsel: Attorneys who are employees of a party to this Action. 2 || House Counsel does not include Outside Counsel of Record or any other outside 3 || counsel. 4 J. Non-Party: Any natural person, partnership, corporation, association, or 5 || other legal entity not named as a Party to this action. 6 K. Qutside Counsel of Record: Attorneys who are not employees of a party 7 ||to this Action but are retained to represent or advise a party to this Action and have 8 || appeared in this Action on behalf of that party or are affiliated with a law firm which 9 ||has appeared on behalf of that party, and includes support staff. 10 L. Party: Any party to this Action, including all of its officers, directors, es 11 || employees, consultants, retained experts, and Outside Counsel of Record (and their

12 || support staffs). SF 13 M. Producing Party: A Party or Non-Party that produces Disclosure or □ 2 14 || Discovery Material in this Action. eee ; 15 N. Professional Vendors: Persons or entities that provide litigation support = 2 16||services (e.g., photocopying, videotaping, translating, preparing exhibits or 1! —17]|demonstrations, and organizing, storing, or retrieving data in any form or medium) 18 || and their employees and subcontractors. 19 O. Protected Material: Any Disclosure or Discovery Material that is 20 □□ designated as “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS’ EYES 21|}ONLY.” 22 P. Receiving Party: A Party that receives Disclosure or Discovery Material 23 || from a Producing Party. 24|1V. SCOPE 25 A. — The protections conferred by this Stipulation and Order cover not only 26 || Protected Material (as defined above), but also (1) any information copied or extracted 27 ||from Protected Material; (2) all copies, excerpts, summaries, or compilations of 28

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER

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1 || Protected Material; and (3) any testimony, conversations, or presentations by Parties 2 || or their Counsel that might reveal Protected Material. 3 B. — Any use of Protected Material at trial shall be governed by the orders of 4 || the trial judge. This Order does not govern the use of Protected Material at trial. 5|}V. DURATION 6 A. Once a case proceeds to trial, all of the information that was designated 7\}as CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS’ EYES ONLY or 8 ||maintained pursuant to this Protective Order becomes public and will be 9 presumptively available to all members of the public, including the press, unless 10 || compelling reasons supported by specific factual findings to proceed otherwise are «| 11 ||made to the trial judge in advance of the trial. See Kamakana v. City and County of

12 || Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” SF 13 ||showing for sealing documents produced in discovery from “compelling reasons” □ 2 14 || standard when merits-related documents are part of court record). Accordingly, the eee | 15 |lterms of this Protective Order do not extend beyond the commencement of the trial. 2 16|| VI. DESIGNATING PROTECTED MATERIAL Al 17 A. Exercise of Restraint and Care in Designating Material for Protection 18 1. Each Party or Non-Party that designates information or items for 19 || protection under this Order must take care to limit any such designation to specific 20 || material that qualifies under the appropriate standards. The Designating Party must 21 || designate for protection only those parts of material, documents, items, or oral or 22 || written communications that qualify so that other portions of the material, documents, 23 ||items, or communications for which protection is not warranted are not swept 24 || unjustifiably within the ambit of this Order. 25 2. Mass, indiscriminate, or routinized designations are prohibited. 26 || Designations that are shown to be clearly unjustified or that have been made for an 27 || improper purpose (e.g., to unnecessarily encumber the case development process or 28

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER

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1 ||/to impose unnecessary expenses and burdens on other parties) may expose the 2 || Designating Party to sanctions. 3 3. If it comes to a Designating Party’s attention that information or items 4 || that it designated for protection do not qualify for protection, that Designating Party 5||must promptly notify all other Parties that it is withdrawing the inapplicable 6 || designation. 7 B. | Manner and Timing of Designations 8 l. Except as otherwise provided in this Order (see, e.g., Section B(2)(b) 9 || below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that 10 || qualifies for protection under this Order must be clearly so designated before the «| 11 ||material is disclosed or produced. , 12 2. Designation in conformity with this Order requires the following: 4 fe ol 13 a. For information in documentary form (e.g., paper or electronic □ 14||documents, but excluding transcripts of depositions or other pretrial or trial eee 15 proceedings), that the Producing Party affix at a minimum, the legend = 2 16 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), or A! 17||“CONFIDENTIAL-ATTORNEYS’ EYES ONLY” to each page that contains 18 || protected material. If only a portion or portions of the material on a page qualifies for 19 || protection, the Producing Party also must clearly identify the protected portion(s) 20 || (e.g., by making appropriate markings in the margins). 21 b. A Party or Non-Party that makes original documents available for 22 || inspection need not designate them for protection until after the inspecting Party has 23 || indicated which documents it would like copied and produced. During the inspection 24 || and before the designation, all of the material made available for inspection shall be 25 || deemed “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS’ EYES ONLY”. 26 || After the inspecting Party has identified the documents it wants copied and produced, 27 || the Producing Party must determine which documents, or portions thereof, qualify for 28 || protection under this Order. Then, before producing the specified documents, the

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER

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1 || Producing Party must affix the “CONFIDENTIAL legend” or “CONFIDENTIAL- 2 || ATTORNEYS’ EYES ONLY” to each page that contains Protected Material. If only 3 ||a portion or portions of the material on a page qualifies for protection, the Producing 4 || Party also must clearly identify the protected portion(s) (e.g., by making appropriate 5 || markings in the margins). 6 C. For testimony given in depositions, that the Designating Party identify 7 || the Disclosure or Discovery Material on the record, before the close of the deposition 8 || all protected testimony. 9 d. For information produced in form other than document and for any other 10 || tangible items, that the Producing Party affix in a prominent place on the exterior of □□ 1l1/||the container or containers in which the information is stored the legend 12 || “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” If only SF 13 ||a portion or portions of the information warrants protection, the Producing Party, to □ 2 14 || the extent practicable, shall identify the protected portion(s). eee 15 C. Inadvertent Failure to Designate = 2 16 l. If timely corrected, an inadvertent failure to designate qualified 4! —17|| information or items does not, standing alone, waive the Designating Party’s right to 18 || secure protection under this Order for such material. Upon timely correction of a 19 || designation, the Receiving Party must make reasonable efforts to assure that the 20 || material is treated in accordance with the provisions of this Order. 21|| VW. CHALLENGING CONFIDENTIALITY DESIGNATIONS 22 A. Timing of Challenges 23 1. Any party or Non-Party may challenge a designation of confidentiality 24 || at any time that is consistent with the Court’s Scheduling Order. 25 B. Meet and Confer 26 1. The Challenging Party shall initiate the dispute resolution process under 27 || Local Rule 37.1 et seq. 28

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER

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1 C. The burden of persuasion in any such challenge proceeding shall be on 2 || the Designating Party. Frivolous challenges, and those made for an improper purpose 3 ||(e.g., to harass or impose unnecessary expenses and burdens on other parties) may 4 || expose the Challenging Party to sanctions. Unless the Designating Party has waived 5 ||or withdrawn the confidentiality designation, all parties shall continue to afford the 6 || material in question the level of protection to which it is entitled under the Producing 7 || Party’s designation until the Court rules on the challenge. 8 || VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 9 A. Basic Principles 10 1. A Receiving Party may use Protected Material that is disclosed or «| 11 produced by another Party or by a Non-Party in connection with this Action only for

, 12 || prosecuting, defending, or attempting to settle this Action. Such Protected Material SF 13 || may be disclosed only to the categories of persons and under the conditions described □ 2 14 |}1n this Order. When the Action has been terminated, a Receiving Party must comply eee | 15 || with the provisions of Section XIV below. 2 16 2. Protected Material must be stored and maintained by a Receiving Party ei 17 || at a location and in a secure manner that ensures that access is limited to the persons 18 || authorized under this Order. 19 B. — Disclosure of “CONFIDENTIAL” Information or Items 20 1. Unless otherwise ordered by the Court or permitted in writing by the 21 || Designating Party, a Receiving Party may disclose any information or item designated 22 || “CONFIDENTIAL” only to: 23 a. The Receiving Party’s Outside Counsel of Record in this Action, as well 24 ||as employees of said Outside Counsel of Record to whom it is reasonably necessary 25 || to disclose the information for this Action; 26 b. The officers, directors, and employees (including House Counsel) of the 27 || Receiving Party to whom disclosure 1s reasonably necessary for this Action; 28

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER

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1 C. Experts (as defined in this Order) of the Receiving Party to whom 2 disclosure is reasonably necessary for this Action and who have signed the 3 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 d. The Court and its personnel; 5 e. Court reporters and their staff; 6 f. Professional jury or trial consultants, mock jurors, and Professional 7 || Vendors to whom disclosure is reasonably necessary for this Action and who have 8 || signed the “Acknowledgment and Agreement to be Bound” attached as Exhibit A 9 || hereto; 10 g. The author or recipient of a document containing the information or a «| 11 || custodian or other person who otherwise possessed or knew the information; 12 h. During their depositions, witnesses, and attorneys for witnesses, in the SF 13 || Action to whom disclosure is reasonably necessary provided: (i) the deposing party □ 14 || requests that the witness sign the “Acknowledgment and Agreement to Be Bound;” se 15 || and (41) they will not be permitted to keep any confidential information unless they 16 || sign the “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by 4! 17||the Designating Party or ordered by the Court. Pages of transcribed deposition 18 || testimony or exhibits to depositions that reveal Protected Material may be separately 19 || bound by the court reporter and may not be disclosed to anyone except as permitted 20 || under this Stipulated Protective Order; and 21 i. Any mediator or settlement officer, and their supporting personnel, 22 ||mutually agreed upon by any of the parties engaged in settlement discussions or 23 || appointed by the Court. 24 C. Disclosure of “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” 25 || Information or Items. 26 1. Information designated as “CONFIDENTIAL-ATTORNEYS’ EYES 27 || ONLY” shall be disclosed only to the following persons: 28 a. Parties’ outside counsel and their direct staff, 10

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER

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1 b. Court reporters (including audio and video), 2 C. The Court, and 3 d. Designated experts and outside attorneys assisting in the preparation of 4 this case.

S| TX. PROTECTED MATERIAL SUBPOENAED OR ORDERED

6 || PRODUCED IN OTHER LITIGATION 7 A. If a Party is served with a subpoena or a court order issued in other 8 || litigation that compels disclosure of any information or items designated in this 9||Action as “CONFIDENTIAL,” or “CONFIDENTIAL-ATTORNEYS’ EYES 10 |} ONLY” that Party must: se! Il 1. Promptly notify in writing the Designating Party. Such notification shall

12 || include a copy of the subpoena or court order unless prohibited by law; SF 13 2. Promptly notify in writing the party who caused the subpoena or order □ 14 || to issue in the other litigation that some or all of the material covered by the subpoena eee 15 |lor order is subject to this Protective Order. Such notification shall include a copy of = 2 16 || this Stipulated Protective Order; and mal 17 3. Cooperate with respect to all reasonable procedures sought to be pursued 18 || by the Designating Party whose Protected Material may be affected. 19 B. Ifthe Designating Party timely seeks a protective order, the Party served 20 || with the subpoena or court order shall not produce any information designated in this 21 |}action as “CONFIDENTIAL” “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” 22 || before a determination by the Court from which the subpoena or order issued, unless 23 ||the Party has obtained the Designating Party’s permission. The Designating Party 24 || shall bear the burden and expense of seeking protection in that court of its confidential 25 ||material and nothing in these provisions should be construed as authorizing or 26 ||encouraging a Receiving Party in this Action to disobey a lawful directive from 27 || another court. 28 11

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER

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1X. 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 “CONFIDENTIAL- 5|| ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in 6 || connection with this litigation is protected by the remedies and relief provided by this 7 ||Order. Nothing in these provisions should be construed as prohibiting a Non-Party 8 || from seeking 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 «| □□ /||subject to an agreement with the Non-Party not to produce the Non-Party’s 12 || confidential information, then the Party shall: SF 13 1. Promptly notify in writing the Requesting Party and the Non-Party that □ 14 || some or all of the information requested is subject to a confidentiality agreement with eee 15|la Non-Party; = 2 16 2. Promptly provide the Non-Party with a copy of the Stipulated Protective ei 17 || Order in this Action, the relevant discovery request(s), and a reasonably specific 18 || description of the information requested; and 19 3. Make the information requested available for inspection by the Non- 20 || Party, if requested. 21 C. Ifthe 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. 12

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER

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1) XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 A. If a Receiving Party learns that, by inadvertence or otherwise, it has 3 || disclosed Protected Material to any person or in any circumstance not authorized 4|/under this Stipulated Protective Order, the Receiving Party must immediately (1) 5 || notify in writing the Designating Party of the unauthorized disclosures, (2) use its best 6 ||efforts to retrieve all unauthorized copies of the Protected Material, (3) inform the 7 || person or persons to whom unauthorized disclosures were made of all the terms of 8 || this Order, and (4) request such person or persons to execute the “Acknowledgment 9 ||and Agreement to be Bound” that is attached hereto as Exhibit A. 10), XI. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE se! Il PROTECTED MATERIAL

, 12 A. | When a Producing Party gives notice to Receiving Parties that certain SF 13 || inadvertently produced material is subject to a claim of privilege or other protection, □ 2 14||the obligations of the Receiving Parties are those set forth in Federal Rule of Civil eee 15||Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure = 2 16 || may be established in an e-discovery order that provides for production without prior ei 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 21 || to the Court provided the Court so allows. 22 || XH. MISCELLANEOUS 23 A. Right to Further Relief 24 1. Nothing in this Order abridges the right of any person to seek its 25 || modification by the Court in the future. 26 B. Right to Assert Other Objections 27 1. By stipulating to the entry of this Protective Order, no Party waives any 28 || right 1t otherwise would have to object to disclosing or producing any information or 13

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER

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1 |] item on any ground not addressed in this Stipulated Protective Order. Similarly, no 2 || Party waives any right to object on any ground to use in evidence of any of the 3 || material covered by this Protective Order. 4 C. Filing Protected Material 5 l. A Party that seeks to file under seal any Protected Material must comply 6 || with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant 7 || to a court order authorizing the sealing of the specific Protected Material at issue. If 8 ||a Party's request to file Protected Material under seal is denied by the Court, then the 9||Receiving Party may file the information in the public record unless otherwise 10 || instructed by the Court. =| 11 |/XIV. FINAL DISPOSITION

, 12 A. □ After the final disposition of this Action, as defined in Section V, within SF 13 || sixty (60) days of a written request by the Designating Party, each Receiving Party □ 14 || must return all Protected Material to the Producing Party or destroy such material. As eee | 15 |}used in this subdivision, “all Protected Material” includes all copies, abstracts, = 2 16 || compilations, summaries, and any other format reproducing or capturing any of the 4! —17||Protected Material. Whether the Protected Material is returned or destroyed, the 18 || Receiving Party must submit a written certification to the Producing Party (and, if not 19 || the same person or entity, to the Designating Party) by the 60 day deadline that (1) 20 || identifies (by category, where appropriate) all the Protected Material that was returned 21 ||or destroyed and (2) affirms that the Receiving Party has not retained any copies, 22 || abstracts, compilations, summaries or any other format reproducing or capturing any 23 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to 24 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 25 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 26 || reports, attorney work product, and consultant and expert work product, even if such 27 ||materials contain Protected Material. Any such archival copies that contain or 28 14

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER

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1 |] constitute Protected Material remain subject to this Protective Order as set forth in 2 || Section V. 3 B. — Any violation of this Order may be punished by any and all appropriate 4||measures including, without limitation, contempt proceedings and/or monetary 5 || sanctions. 6|/IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 Dated: 3.28.2022 /s/ James H. Bartolomei 9 James H. Bartolomei

DUNCAN FIRM, P.A.

10 1] Attorney for Plaintiff(s) ee 43|)Dated:___3.28.2022 \ VON noi Attorney(s) for Defendant(s) wi Ze 14

Z EE

Z5 ‘ 15 Natalya Vasyuk So MANNING & KASS, ELLROD, 16 RAMIREZ, TRESTER LLP A Al 17

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

18 19 . fe brerMlatl~ Dated: April 5, 2022 20 Honorable Jean P. Rosenbluth 7] U.S. Magistrate Judge 22 23 24 25

EXHIBIT A

26 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 27 28 15

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER

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1 I, [print or type full name], of 2 [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issue by 5 || the United States District Court for the Central District of California on [DATE] in 6 the case of Todd Bigelow v. Adventure Photo Tours, Inc. and Will Tyron et al, Case No. 2:21-cv-09788-SB-JPR. I agree to comply with and to be bound by all the terms 9 || of this Stipulated Protective Order and I understand and acknowledge that failure to

so comply could expose me to sanctions and punishment in the nature of contempt. I

. i 12 solemnly promise that I will not disclose in any manner any information or item that SF 13 |/is subject to this Stipulated Protective Order to any person or entity except in strict 2 . compliance with the provisions of this Order. 2 5 16 I further agree to submit to the jurisdiction of the United States District Court 4 a 17 || for the Central District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after

9 || termination of this action. I hereby appoint [print or type 21 || full name] of [print or type full address and telephone number] as my California agent for service of process in connection with this action

74 || or any proceedings related to enforcement of this Stipulated Protective Order. 25 26 Date: 27 2g || City and State where sworn and signed: 16

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER

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1 || Printed Name: 2 Signature: 10 5 11

4c) 15 #4 Bl yy 18 19 20 21 22 23 24 25 26 27 28 17

PROPOSED ORDER RE STIPULATED PROTECTIVE ORDER