Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 1 of 19 Page ID #:618

1 James G. Sammataro (State Bar No. 204882) jsammataro@pryorcashman.com 2 Michael J. Niborski (State Bar No. 192111) 3 mniborski@pryorcashman.com Benjamin S. Akley (State Bar No. 278506) 4 bakley@pryorcashman.com 5

PRYOR CASHMAN LLP

6 1801 Century Park East, 24th Floor Los Angeles, California 90067 7 Telephone: (310) 683-6900 8 Facsimile: (310) 943-3397

9

10 UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

11

12 CLEVELAND CONSTANTINE ) Case No.: 2:21-cv-02840-AB-AFM BROWNE, an individual; THE ESTATE ) 13

OF WYCLIFFE JOHNSON; AND ) STIPULATED PROTECTIVE ORDER

14 STEELY & CLEVIE PRODUCTIONS, )

LTD. )

15 ) 16 Plaintiffs, ) ) 17 v. ) 18 ) RODNEY SEBASTIAN CLARK, an ) 19 individual, ET AL. ) 20 ) Defendants. ) 21 ) 22 ) ) 23

24 25 26 27 28 1 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 2 of 19 Page ID #:619

1 1. A. PURPOSES AND LIMITATION 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. 11 12 B. GOOD CAUSE STATEMENT 13 This action is likely to involve trade secrets, royalty and financial statements and 14 other valuable research, development, commercial, financial, technical and/or 15 proprietary information for which special protection from public disclosure and from 16 use for any purpose other than prosecution of this action is warranted. Such 17 confidential and proprietary materials and information consist of, among other things, 18 confidential business or financial information, information regarding confidential 19 business practices, or other confidential research, development, or commercial 20 information (including information implicating privacy rights of third parties), 21 information otherwise generally unavailable to the public, or which may be privileged 22 or otherwise protected from disclosure under state or federal statutes, court rules, case 23 decisions, or common law. Accordingly, to expedite the flow of information, to 24 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 25 to adequately protect information the parties are entitled to keep confidential, to ensure 26 that the parties are permitted reasonable necessary uses of such material in preparation 27 for and in the conduct of trial, to address their handling at the end of the litigation, and 28 2 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 3 of 19 Page ID #:620

1 serve the ends of justice, a protective order for such information is justified in this 2 matter. It is the intent of the parties that information will not be designated as 3 confidential for tactical reasons and that nothing be so designated without a good faith 4 belief that it has been maintained in a confidential, non-public manner, and there is 5 good cause why it should not be part of the public record of this case. 6 7 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 8 SEAL 9 The parties further acknowledge, as set forth in Section 12.3, below, that this 10 Stipulated Protective Order does not entitle them to file confidential information 11 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 12 and the standards that will be applied when a party seeks permission from the court 13 to file material under seal. 14 There is a strong presumption that the public has a right of access to judicial 15 proceedings and records in civil cases. In connection with non-dispositive motions, 16 good cause must be shown to support a filing under seal. See Kamakana v. City and 17 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 18 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 19 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 20 require good cause showing), and a specific showing of good cause or compelling 21 reasons with proper evidentiary support and legal justification, must be made with 22 respect to Protected Material that a party seeks to file under seal. The parties’ mere 23 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 24 without the submission of competent evidence by declaration, establishing that the 25 material sought to be filed under seal qualifies as confidential, privileged, or 26 otherwise protectable—constitute good cause. 27 Further, if a party requests sealing related to a dispositive motion or trial, then 28 3 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 4 of 19 Page ID #:621

1 compelling reasons, not only good cause, for the sealing must be shown, and the relief 2 sought shall be narrowly tailored to serve the specific interest to be protected. See 3 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 4 or type of information, document, or thing sought to be filed or introduced under seal 5 in connection with a dispositive motion or trial, the party seeking protection must 6 articulate compelling reasons, supported by specific facts and legal justification, for the 7 requested sealing order. Again, competent evidence supporting the application to file 8 documents under seal must be provided by declaration. 9 Any document that is not confidential, privileged, or otherwise protectable in its 10 entirety will not be filed under seal if the confidential portions can be redacted. If 11 documents can be redacted, then a redacted version for public viewing, omitting only 12 the confidential, privileged, or otherwise protectable portions of the document, shall be 13 filed. Any application that seeks to file documents under seal in their entirety should 14 include an explanation of why redaction is not feasible. 15 16 2. DEFINITIONS 17 2.1 Action: The above entitled action, Case No.: 2:21-cv-02840-AB-AFM 18 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 19 information or items under this Order. 20 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 21 how it is generated, stored or maintained) or tangible things that qualify for 22 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 23 the Good Cause Statement. 24 2.4 “Attorney’s Eyes Only” Information or Items: any Confidential Information 25 which the Producing party or third party reasonably believes to be so sensitive that it is 26 entitled to extraordinary protections afforded such information under this protective 27 order. 28 4 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 5 of 19 Page ID #:622

1 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 2 their support staff). 3 2.6 Designating Party: a Party or Non-Party that designates information or 4 items that it produces in disclosures or in responses to discovery as 5 “CONFIDENTIAL” or “ATTORNEY’S EYES ONLY.” 6 2.7 Disclosure or Discovery Material: all items or information, regardless of the 7 medium or manner in which it is generated, stored, or maintained (including, 8 among other things, testimony, transcripts, and tangible things), that are produced or 9 generated in disclosures or responses to discovery in this matter. 10 2.8 Expert: a person with specialized knowledge or experience in a matter 11 pertinent to the litigation who has been retained by a Party or its counsel to serve as 12 an expert witness or as a consultant in this Action. 13 2.9 House Counsel: attorneys who are employees of a party to this Action. 14 House Counsel does not include Outside Counsel of Record or any other outside 15 counsel. 16 2.10 Non-Party: any natural person, partnership, corporation, association or 17 other legal entity not named as a Party to this action. 18 2.11 Outside Counsel of Record: attorneys who are not employees of a 19 party to this Action but are retained to represent or advise a party to this Action and 20 have appeared in this Action on behalf of that party or are affiliated with a law firm 21 that has appeared on behalf of that party, and includes support staff. 22 2.12 Party: any party to this Action, including all of its officers, directors, 23 employees, consultants, retained experts, and Outside Counsel of Record (and their 24 support staffs). 25 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 26 Discovery Material in this Action. 27 2.14 Professional Vendors: persons or entities that provide litigation 28 5 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 6 of 19 Page ID #:623

1 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 2 demonstrations, and organizing, storing, or retrieving data in any form or medium) 3 and their employees and subcontractors. 4 2.15 Protected Material: any Disclosure or Discovery Material that is 5 designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” 6 2.16 Receiving Party: a Party that receives Disclosure or Discovery 7 Material from a Producing Party. 8 9 3. SCOPE 10 The protections conferred by this Stipulation and Order cover not only 11 Protected Material (as defined above), but also (1) any information copied or 12 extracted from Protected Material; (2) all copies, excerpts, summaries, or 13 compilations of Protected Material; and (3) any testimony, conversations, or 14 presentations by Parties or their Counsel that might reveal Protected Material. 15 Any use of Protected Material at trial shall be governed by the orders of the 16 trial judge. This Order does not govern the use of Protected Material at trial. 17 18 4. DURATION 19 Once a case proceeds to trial, information that was designated as 20 CONFIDENTIAL or ATTORNEY’S EYES ONLY or maintained pursuant to this 21 protective order used or introduced as an exhibit at trial becomes public and will be 22 presumptively available to all members of the public, including the press, unless 23 compelling reasons supported by specific factual findings to proceed otherwise are 24 made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 25 (distinguishing “good cause” showing for sealing documents produced in discovery 26 from “compelling reasons” standard when merits-related documents are part of court 27 28 6 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 7 of 19 Page ID #:624

1 record). Accordingly, the terms of this protective order do not extend beyond the 2 commencement of the trial. 3 4 5. DESIGNATING PROTECTED MATERIAL 5 5.1 Exercise of Restraint and Care in Designating Material for Protection. 6 Each Party or Non-Party that designates information or items for protection under 7 this Order must take care to limit any such designation to specific material that 8 qualifies under the appropriate standards. The Designating Party must designate for 9 protection only those parts of material, documents, items or oral or written 10 communications that qualify so that other portions of the material, documents, items 11 or communications for which protection is not warranted are not swept unjustifiably 12 within the ambit of this Order. 13 Mass, indiscriminate or routinized designations are prohibited. Designations 14 that are shown to be clearly unjustified or that have been made for an improper 15 purpose (e.g., to unnecessarily encumber the case development process or to impose 16 unnecessary expenses and burdens on other parties) may expose the Designating 17 Party to sanctions. 18 If it comes to a Designating Party’s attention that information or items that it 19 designated for protection do not qualify for protection, that Designating Party must 20 promptly notify all other Parties that it is withdrawing the inapplicable designation. 21 5.2 Manner and Timing of Designations. Except as otherwise provided in 22 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 23 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 24 under this Order must be clearly so designated before the material is disclosed or 25 produced. 26 Designation in conformity with this Order requires: 27 (a) for information in documentary form (e.g., paper or electronic 28 7 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 8 of 19 Page ID #:625

1 documents, but excluding transcripts of depositions or other pretrial or trial 2 proceedings), that the Producing Party affix at a minimum, the legend 3 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “ATTORNEYS’ 4 EYES ONLY” (hereinafter “ATTORNEYS’ EYES ONLY legend”), to each page that 5 contains protected material. If only a portion of the material on a page qualifies for 6 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 7 by making appropriate markings in the margins). 8 A Party or Non-Party that makes original documents available for inspection 9 need not designate them for protection until after the inspecting Party has indicated 10 which documents it would like copied and produced. During the inspection and 11 before the designation, all of the material made available for inspection shall be 12 deemed “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” After the inspecting 13 Party has identified the documents it wants copied and produced, the Producing Party 14 must determine which documents, or portions thereof, qualify for protection under this 15 Order. Then, before producing the specified documents, the Producing Party must affix 16 the “CONFIDENTIAL legend” or “ATTORNEYS’ EYES ONLY legend” to each 17 page that contains Protected Material. If only a portion of the material on a page 18 qualifies for protection, the Producing Party also must clearly identify the protected 19 portion(s) (e.g., by making appropriate markings in the margins). 20 (b) for testimony given in depositions that the Designating Party identifies 21 the Disclosure or Discovery Material on the record, before the close of the 22 deposition all protected testimony. 23 (c) for information produced in some form other than documentary and 24 for any other tangible items, that the Producing Party affix in a prominent place on 25 the exterior of the container or containers in which the information is stored the 26 27 28 8 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 9 of 19 Page ID #:626

1 legend “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” If only a portion or 2 portions of the information warrants protection, the Producing Party, to the extent 3 practicable, shall identify the protected portion(s). 4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 5 failure to designate qualified information or items does not, standing alone, waive 6 the Designating Party’s right to secure protection under this Order for such material. 7 Upon timely correction of a designation, the Receiving Party must make reasonable 8 efforts to assure that the material is treated in accordance with the provisions of this 9 Order. 10 11 6. CHALLENGING CONFIDENTIALITY OR ATTORNEYS’ EYES ONLY 12 DESIGNATIONS 13 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 14 designation of confidentiality or attorneys’ eyes only at any time that is consistent with 15 the Court’s Scheduling Order. 16 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 17 resolution process under Local Rule 37-1 et seq. 18 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 19 joint stipulation pursuant to Local Rule 37-2. 20 6.4 The burden of persuasion in any such challenge proceeding shall be on 21 the Designating Party. Frivolous challenges, and those made for an improper 22 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 23 parties) may expose the Challenging Party to sanctions. Unless the Designating 24 Party has waived or withdrawn the confidentiality or attorneys’ eyes only designation, 25 all parties shall continue to afford the material in question the level of protection to 26 which it is entitled under the Producing Party’s designation until the Court rules on the 27 challenge. 28 9 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 10 of 19 Page ID #:627

1 2 7. ACCESS TO AND USE OF PROTECTED MATERIAL 3 7.1 Basic Principles. A Receiving Party may use Protected Material that is 4 disclosed or produced by another Party or by a Non-Party in connection with this 5 Action only for prosecuting, defending or attempting to settle this Action. Such 6 Protected Material may be disclosed only to the categories of persons and under the 7 conditions described in this Order. When the Action has been terminated, a 8 Receiving Party must comply with the provisions of section 13 below (FINAL 9 DISPOSITION). 10 Protected Material must be stored and maintained by a Receiving Party at a 11 location and in a secure manner that ensures that access is limited to the persons 12 authorized under this Order. 13 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 14 ordered by the court or permitted in writing by the Designating Party, a Receiving 15 Party may disclose any information or item designated “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 17 well as employees of said Outside Counsel of Record to whom it is reasonably 18 necessary to disclose the information for this Action; 19 (b) the officers, directors, and employees (including House Counsel) of 20 the Receiving Party to whom disclosure is reasonably necessary for this Action; 21 (c) 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 (d) the court and its personnel; 25 (e) court reporters and their staff; 26 (f) professional jury or trial consultants, mock jurors, and Professional 27 Vendors to whom disclosure is reasonably necessary for this Action and who have 28 10 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 11 of 19 Page ID #:628

1 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 2 (g) the author or recipient of a document containing the information or a 3 custodian or other person who otherwise possessed or knew the information; 4 (h) during their depositions, witnesses, and attorneys for witnesses, in the 5 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 6 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 7 not be permitted to keep any confidential information unless they sign the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 9 agreed by the Designating Party or ordered by the court. Pages of transcribed 10 deposition testimony or exhibits to depositions that reveal Protected Material may 11 be separately bound by the court reporter and may not be disclosed to anyone except 12 as permitted under this Stipulated Protective Order; and 13 (i) any mediator or settlement officer, and their supporting personnel, 14 mutually agreed upon by any of the parties engaged in settlement discussions. 15 7.3 Disclosure of “ATTORNEYS’ EYES ONLY” Information or Items. Unless 16 otherwise ordered by the court or permitted in writing by the Designating Party, a 17 Receiving Party may disclose any information or item designated “ATTORNEYS’ 18 EYES ONLY” only to: 19 (a) Outside counsel of record working on this action on behalf of any 20 party to this action, together with the assistants, secretaries, paralegals and/or other 21 clerical personnel who are actively assisting such counsel in the preparation of this 22 action; 23 (b) Court stenographers, court reporters and their staff, outside deposition 24 video services and their staff, independent contractors and/or third parties engaged to 25 record, transfer and/or store video depositions, outside copy services, translators and 26 graphics or design services, retained or engaged by such outside counsel in connection 27 28 11 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 12 of 19 Page ID #:629

1 with their preparation of this action, and only to the extent necessary for such persons 2 to carry out their duties in connection with this action; 3 (c) Mock jurors, and jury or trial consulting services, retained or engaged 4 by such outside counsel in connection with their preparation of this action, and only to 5 the extent necessary for such persons to carry out their duties in connection with this 6 action, provided that such persons are furnished with a copy of this Protective Order 7 and execute a Declaration of Compliance in the form and substance as that attached 8 hereto as Exhibit A; 9 (d) Any settlement conference officer or mediator who attempts to 10 mediate this action (if any), together with their staff, provided any mediator is 11 furnished with a copy of this Protective Order and executes a Declaration of 12 Compliance in the form and substance as that attached hereto as Exhibit A; 13 (e) The Court and any person employed by the Court; 14 (f) Outside experts and consultants retained, consulted or employed by 15 any counsel or party to this action in connection with the preparation, trial or appeal of 16 this action, together with the employees and assistants thereof, provided that each is 17 furnished with a copy of this Protective Order and executes a Declaration of 18 Compliance in the form and substance as that attached hereto as Exhibit A. The 19 Parties agree that nothing in this provision requires the Parties to take any action that 20 would reveal the identity of such experts, other than through the normal course 21 provided under FRCP 26(a)(2); 22 (g) The author(s), sender(s), addressee(s) and copy recipient(s) of any 23 such material, or anyone identified as having authority to view the information 24 contained therein; and 25 (h) The person(s) mentioned in any such document or tangible material, 26 provided, however, that only that portion of the material that directly pertains to such 27 person(s) shall be disclosed to them. 28 12 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 13 of 19 Page ID #:630

1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification 7 shall include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order 9 to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall include 11 a copy of this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with 15 the subpoena or court order shall not produce any information designated in this 16 action as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a 17 determination by the court from which the subpoena or order issued, unless the Party 18 has obtained the Designating Party’s permission. The Designating Party shall bear the 19 burden and expense of seeking protection in that court of its confidential material and 20 nothing in these provisions should be construed as authorizing or encouraging a 21 Receiving Party in this Action to disobey a lawful directive from another court. 22 23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 24 IN THIS LITIGATION 25 (a) The terms of this Order are applicable to information produced by a 26 Non-Party in this Action and designated as “CONFIDENTIAL” or “ATTORNEYS’ 27 EYES ONLY.” Such information produced by Non-Parties in connection with this 28 13 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 14 of 19 Page ID #:631

1 litigation is protected by the remedies and relief provided by this Order. Nothing in 2 these provisions should be construed as prohibiting a Non-Party from seeking 3 additional protections. 4 (b) In the event that a Party is required, by a valid discovery request, to 5 produce a Non-Party’s confidential information in its possession, and the Party is 6 subject to an agreement with the Non-Party not to produce the Non-Party’s 7 confidential information, then the Party shall: 8 (1) promptly notify in writing the Requesting Party and the Non- 9 Party that some or all of the information requested is subject to a confidentiality 10 agreement with a Non-Party; 11 (2) promptly provide the Non-Party with a copy of the Stipulated 12 Protective Order in this Action, the relevant discovery request(s), and a reasonably 13 specific description of the information requested; and 14 (3) make the information requested available for inspection by the 15 Non-Party, if requested. 16 (c) If the Non-Party fails to seek a protective order from this court within 17 14 days of receiving the notice and accompanying information, the Receiving Party 18 may produce the Non-Party’s confidential information responsive to the discovery 19 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 20 not produce any information in its possession or control that is subject to the 21 confidentiality agreement with the Non-Party before a determination by the court. 22 Absent a court order to the contrary, the Non-Party shall bear the burden and 23 expense of seeking protection in this court of its Protected Material. 24 25 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 26 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 27 Protected Material to any person or in any circumstance not authorized under this 28 14 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 15 of 19 Page ID #:632

1 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 2 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 3 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 4 persons to whom unauthorized disclosures were made of all the terms of this Order, 5 and (d) request such person or persons to execute the “Acknowledgment and 6 Agreement to Be Bound” that is attached hereto as Exhibit A. 7 8 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 9 PROTECTED MATERIAL 10 When a Producing Party gives notice to Receiving Parties that certain 11 inadvertently produced material is subject to a claim of privilege or other protection, 12 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 13 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 14 procedure may be established in an e-discovery order that provides for production 15 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 16 (e), insofar as the parties reach an agreement on the effect of disclosure of a 17 communication or information covered by the attorney-client privilege or work 18 product protection, the parties may incorporate their agreement in the stipulated 19 protective order submitted to the court. 20 21 12. MISCELLANEOUS 22 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 23 person to seek its modification by the Court in the future. 24 12.2 Right to Assert Other Objections. By stipulating to the entry of this 25 Protective Order, no Party waives any right it otherwise would have to object to 26 disclosing or producing any information or item on any ground not addressed in this 27 Stipulated Protective Order. Similarly, no Party waives any right to object on any 28 15 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 16 of 19 Page ID #:633

1 ground to use in evidence of any of the material covered by this Protective Order. 2 12.3 Filing Protected Material. A Party that seeks to file under seal any 3 Protected Material must comply with Local Civil Rule 79-5. Protected Material 4 may only be filed under seal pursuant to a court order authorizing the sealing of the 5 specific Protected Material at issue. If a Party’s request to file Protected Material 6 under seal is denied by the court, then the Receiving Party may file the information 7 in the public record unless otherwise instructed by the court. 8 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 13 this 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 as set forth in 27 Section 4 (DURATION). 28 16 Case 2}21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 17of19 Page ID #:634

1 14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures including, 3 || without limitation, contempt proceedings and/or monetary sanctions. 5 SO STIPULATED. 6 Respectfully submitted, 7 || Dated: April 25, 2022 By: /s/ Scott Burroughs 8 “Scott Alan Burroughs, Esq. 9 Frank R. Trechsel, Esq. Benjamin F. Tookey, Esq. 10 Attorneys for Plaintiffs 11 12 Dated: April 25, 2022 By: /s/ Beniamin Akle 3 Benjamin Akley, Esq. 14 Attorney for Defendants

15 16 17 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 18 19 || DATED: 4/25/2022 20 21 (hey Mok 22 || HON. ALEXANDER F. MacKINNON 23 || United States Magistrate Judge 24 25 26 27 28 17

Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 18 of 19 Page ID #:635

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 Cleveland Constantine Browne, an individual; The Estate Of 9 Wycliffe Johnson; And Steely & Clevie Productions, LTD. v. Rodney Sebastian Clark, 10 an individual, et al., Case No.: 2:21-cv-02840-AB-AFM. I agree to comply with and to 11 be bound by all the terms of this Stipulated Protective Order and I understand and 12 acknowledge that failure to so comply could expose me to sanctions and punishment 13 in the nature of contempt. I solemnly promise that I will not disclose in any manner 14 any information or item that is subject to this Stipulated Protective Order to any 15 person or entity except in strict compliance with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court for the 17 Central District of California for enforcing the terms of this Stipulated Protective 18 Order, even if such enforcement proceedings occur after termination of this action. 19 I hereby appoint __________________________ [print or type full name] of 20 _______________________________________ [print or type full address and 21 telephone number] as my California agent for service of process in connection with 22 this action or any proceedings related to enforcement of this Stipulated Protective 23 Order. 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 Printed name: _______________________________ 27 Signature: _____________________________ 28 18 Case 2:21-cv-02840-AB-AFM Document 85 Filed 04/25/22 Page 19 of 19 Page ID #:636

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