CCaassee 22::2211--ccvv--0088775544--VVAAPP--PPDD DDooccuummeenntt 2243 FFilieledd 0055//1187//2222 PPaaggee 11 ooff 1177 PPaaggee IIDD ##::19007

1 2 3 4 5 6

UNITED STATES DISTRICT COURT

7

CENTRAL DISTRICT OF CALIFORNIA

8 9

LINDA MATLOW

Case No. 2:21-cv-08754-VAP-PD 10 Plaintiff, 11 v. STIPULATED PROTECTIVE

ORDER1

12 HIVE MEDIA GROUP, LLC, et al., 13 Defendant. 14 15 1. A. PURPOSES AND LIMITATIONS 16 Discovery in this action is likely to involve production of confidential, 17 proprietary, or private information for which special protection from public 18 disclosure and from use for any purpose other than prosecuting this litigation may be 19 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter 20 the following Stipulated Protective Order. The parties acknowledge that this Order 21 does not confer blanket protections on all disclosures or responses to discovery and 22 that the protection it affords from public disclosure and use extends only to the 23 limited information or items that are entitled to confidential treatment under the 24 applicable legal principles. 25 26 27 1 This Stipulated Protective Order is substantially based on the model protective 28 order provided under Magistrate Judge Patricia Donahue’s Procedures. 14220525.2 CCaassee 22::2211--ccvv--0088775544--VVAAPP--PPDD DDooccuummeenntt 2243 FFilieledd 0055//1187//2222 PPaaggee 22 ooff 1177 PPaaggee IIDD ##::19018

1 B. GOOD CAUSE STATEMENT 2 This action is likely to involve valuable research, development, commercial, 3 financial, technical and/or proprietary information for which special protection from 4 public disclosure and from use for any purpose other than prosecution of this action 5 is warranted. Such confidential and proprietary materials and information consist of, 6 among other things: confidential business or financial informationincluding revenue 7 statements, pricing, payments, and invoices; corporate organization documents; 8 information regarding confidential business practices including internal policies and 9 practices; drafts, notes, reports, instructions, disclosuresandother writings; contracts 10 with third parties; other confidential research, development, or commercial 11 information (including information implicating privacy rights of third parties); 12 information otherwise generally unavailable to the public; orinformationwhich may 13 be privileged or otherwise protected from disclosure under state or federal statutes, 14 court rules, case decisions, or common law. 15 Accordingly, to expedite the flow of information, to facilitate the prompt 16 resolution of disputes over confidentiality of discovery materials, to adequately 17 protect information the parties are entitled to keep confidential, to ensure that the 18 parties are permitted reasonable necessary uses of such material in preparation for 19 and in the conduct of trial, to address their handling at the end of the litigation, and 20 serve the ends of justice, a protective order for such information is justified in this 21 matter. It is the intent of the parties that information will not be designated as 22 confidential for tactical reasons and that nothing be so designated without a good 23 faith belief that it has been maintained in a confidential, non-public manner, and 24 there is good cause why it should not be part of the public record of this case. This 25 also includes (1) any information copied or extracted from the Confidential 26 information; (2) copies, excerpts, summaries or compilations of Confidential 27 information; and (3) any testimony, conversations, or presentations that are 28 reasonably likely to reveal Confidential information. 2 14220525.2 CCaassee 22::2211--ccvv--0088775544--VVAAPP--PPDD DDooccuummeenntt 2243 FFilieledd 0055//1187//2222 PPaaggee 33 ooff 1177 PPaaggee IIDD ##::19029

1 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 2 The parties further acknowledge, as set forth in Section 12.3, below, that this 3 Stipulated Protective Order does not entitle them to file confidential information 4 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 5 the standards that will be applied when a party seeks permission from the court to 6 file material under seal. 7 There is a strong presumption that the public has a right of access to judicial 8 proceedings and records in civil cases. In connection with non-dispositive motions, 9 good cause must be shown to support a filing under seal. See Kamakana v. City and 10 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 11 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 12 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 13 good cause showing), and a specific showing of good cause or compelling reasons 14 with proper evidentiary support and legal justification, must be made with respect to 15 Protected Material that a party seeks to file under seal. The parties’ mere designation 16 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 17 submission of competent evidence by declaration, establishing that the material 18 sought to be filed under seal qualifies as confidential, privileged, or otherwise 19 protectable—constitute good cause. 20 Further, if a party requests sealing related to a dispositive motion or trial, then 21 compelling reasons, not only good cause, for the sealing must be shown, and the 22 relief sought shall be narrowly tailored to serve the specific interest to be protected. 23 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each 24 item or type of information, document, or thing sought to be filed or introduced under 25 seal in connection with a dispositive motion or trial, the party seeking protection 26 must articulate compelling reasons, supported by specific facts and legal 27 justification, for the requested sealing order. Again, competent evidence supporting 28 the application to file documents under seal must be provided by declaration. 3 14220525.2 CCaassee 22::2211--ccvv--0088775544--VVAAPP--PPDD DDooccuummeenntt 2243 FFilieledd 0055//1187//2222 PPaaggee 44 ooff 1177 PPaaggee IIDD ##::19130

1 Any document that is not confidential, privileged, or otherwise protectable in 2 its entirety will not be filed under seal if the confidential portions can be redacted. If 3 documents can be redacted, then a redacted version for public viewing, omitting only 4 the confidential, privileged, or otherwise protectable portions of the document, shall 5 be filed. Any application that seeks to file documents under seal in their entirety 6 should include an explanation of why redaction is not feasible. 7 2. DEFINITIONS 8 2.1 Action: this pending federal law suit, Case No. 2:21-cv-08754- 9 VAP-PD 10 2.2 Challenging Party: a Party or Non-Party that challenges 11 the designation of information or items under this Order. 12 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 13 how it is generated, stored or maintained) or tangible things that qualify for 14 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the 15 Good Cause Statement. This also includes (1) any information copied or extracted 16 from the Confidential information; (2) copies, excerpts, summaries or compilations 17 of Confidential information; and (3) any testimony, conversations, or presentations 18 that are reasonably likely to reveal Confidential information. References to 19 “CONFIDENTIAL” information or items in this Protective Order shall also include 20 information or items designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ 21 EYES ONLY,” unless stated otherwise. 22 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 23 their support staff). 24 2.5 Designating Party: a Party or Non-Party that designates information or 25 items that it produces in disclosures or in responses to discovery as 26 “CONFIDENTIAL.” 27 2.6 Disclosure or Discovery Material: all items or information, regardless 28 of the medium or manner in which it is generated, stored, or maintained (including, 4 14220525.2 CCaassee 22::2211--ccvv--0088775544--VVAAPP--PPDD DDooccuummeenntt 2243 FFilieledd 0055//1187//2222 PPaaggee 55 ooff 1177 PPaaggee IIDD ##::19141

1 among other things, testimony, transcripts, and tangible things), that are produced or 2 generated in disclosures or responses to discovery in thismatter. 3 2.7 Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as 5 an expert witness or as a consultant in this Action. 6 2.8 House Counsel: attorneys who are employees of a party to this Action. 7 House Counsel does not include Outside Counsel of Record or any other outside 8 counsel. 9 2.9 Non-Party: any natural person, partnership, corporation, association, or 10 other legal entity not named as a Party to thisaction. 11 2.10 Outside Counsel of Record: attorneys who are not employees of a party 12 to this Action but are retained to represent or advise a party to this Action and have 13 appeared in this Action on behalf of that party or are affiliated with a law firm which 14 has appeared on behalf of that party, and includes support staff. 15 2.11 Party: any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 2.13 Professional Vendors: persons or entities that provide litigation support 21 services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 and their employees and subcontractors. 24 2.14 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL.” 26 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 27 from a Producing Party. 28 5 14220525.2 CCaassee 22::2211--ccvv--0088775544--VVAAPP--PPDD DDooccuummeenntt 2243 FFilieledd 0055//1187//2222 PPaaggee 66 ooff 1177 PPaaggee IIDD ##::19152

1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or 4 extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9 4. DURATION 10 FINAL DISPOSITION of the action is defined as the conclusion of any 11 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 12 has run. Except as set forth below, the terms of this protective order apply through 13 FINAL DISPOSITION of the action. The parties may stipulate that they will be 14 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 15 but will have to file a separate action for enforcement of the agreement once all 16 proceedings in this case are complete. 17 Once a case proceeds to trial, information that was designated as 18 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 19 as an exhibit at trial becomes public and will be presumptively available to all 20 members of the public, including the press, unless compelling reasons supported by 21 specific factual findings to proceed otherwise are made to the trial judge in advance 22 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 23 showing for sealing documents produced in discovery from “compelling reasons” 24 standard when merits-related documents are part of court record). Accordingly, for 25 such materials, the terms of this protective order do not extend beyond the 26 commencement of the trial. 27 28 6 14220525.2 CCaassee 22::2211--ccvv--0088775544--VVAAPP--PPDD DDooccuummeenntt 2243 FFilieledd 0055//1187//2222 PPaaggee 77 ooff 1177 PPaaggee IIDD ##::19163

1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection under 4 this Order must take care to limit any such designation to specific material that 5 qualifies under the appropriate standards. The Designating Party must designate for 6 protection only those parts of material, documents, items, or oral or written 7 communications that qualify so that other portions of the material, documents, items, 8 or communications for which protection is not warranted are not swept unjustifiably 9 within the ambit of this Order. 10 Mass, indiscriminate, or routinized designations are prohibited. Designations 11 that are shown to be clearly unjustified or that have been made for an improper 12 purpose (e.g., to unnecessarily encumber the case development process or to impose 13 unnecessary expenses and burdens on other parties) may expose the Designating 14 Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party must 17 promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 5.2 Manner and Timing of Designations. Except as otherwise provided in 19 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 20 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 21 under this Order must be clearly so designated before the material is disclosed or 22 produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic 25 documents, but excluding transcripts of depositions or other pretrial or trial 26 proceedings), that the Producing Party affix at a minimum, the legend 27 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 28 ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains 7 14220525.2 CCaassee 22::2211--ccvv--0088775544--VVAAPP--PPDD DDooccuummeenntt 2243 FFilieledd 0055//1187//2222 PPaaggee 88 ooff 1177 PPaaggee IIDD ##::19174

1 protected material. If only a portion of the material on a page qualifies for protection, 2 the Producing Party also must clearly identify the protected portion(s) (e.g., by 3 making appropriate markings in themargins). 4 A Party or Non-Party that makes original documents available for inspection 5 need not designate them for protection until after the inspecting Party has indicated 6 which documents it would like copied and produced. During the inspection and 7 before the designation, all of the material made available for inspection shall be 8 deemed “CONFIDENTIAL” (not “HIGHLY CONFIDENTIAL – ATTORNEYS’ 9 EYES ONLY”). After the inspecting Party has identified the documents it wants 10 copied and produced, the Producing Party must determine which documents, or 11 portions thereof, qualify for protection under this Order. Then, before producing the 12 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 13 to each page that contains Protected Material. If only a portion of the material on a 14 page qualifies for protection, the Producing Party also must clearly identify the 15 protected portion(s) (e.g., by making appropriate markings in the margins). 16 (b) for testimony given in depositions that the Designating Party identifies 17 the Disclosure or Discovery Material on the record, before the close of the deposition 18 all protected testimony. Any Party also may designate information disclosed at a 19 deposition as “CONFIDENTIAL” (or “HIGHLY CONFIDENTIAL – 20 ATTORNEYS’ EYES ONLY”) by notifying all Parties in writing, not later than 30 21 days after receipt of the transcript, of the specific pages and lines of the transcript that 22 should be treated thereafter as “CONFIDENTIAL.” All deposition transcripts shall 23 be treated as “CONFIDENTIAL” (not “HIGHLY CONFIDENTIAL – 24 ATTORNEYS’ EYES ONLY”) for a period of 30 days after initial receipt of the 25 transcript. 26 (c) for information produced in some form other than documentary and for 27 any other tangible items, that the Producing Party affix in a prominent place on the 28 exterior of the container or containers in which the information is stored the 8 14220525.2 CCaassee 22::2211--ccvv--0088775544--VVAAPP--PPDD DDooccuummeenntt 2243 FFilieledd 0055//1187//2222 PPaaggee 99 ooff 1177 PPaaggee IIDD ##::19185

1 “CONFIDENTIAL legend.” If only a portion or portions of the information warrants 2 protection, the Producing Party, to the extent practicable, shall identify the protected 3 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 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 12 designation of confidentiality at any time that is consistent with the Court’s 13 Scheduling Order. 14 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 15 resolution process under Local Rule 37.1 et seq. 16 6.3 The burden of persuasion in any such challenge proceeding shall be on 17 the Designating Party. Frivolous challenges, and those made for an improper purpose 18 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 19 expose the Challenging Party to sanctions. Unless the Designating Party has waived 20 or withdrawn the confidentiality designation, all parties shall continue to afford the 21 material in question the level of protection to which it is entitled under the Producing 22 Party’s designation until the Court rules on the challenge. 23 7. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1 Basic Principles. A Receiving Party may use Protected Material that is 25 disclosed or produced by another Party or by a Non-Party in connection with this 26 Action only for prosecuting, defending, or attempting to settle this Action. Such 27 Protected Material may be disclosed only to the categories of persons and under the 28 9 14220525.2 CCaassee 22::2211--ccvv--0088775544--VVAAPP--PPDD DDooccuummeenntt 2243 FFilieledd 0055//1187//2222 PPaaggee 1100 ooff 1177 PPaaggee IIDD ##::19196

1 conditions described in this Order. When the Action has been terminated, a 2 Receiving Party must comply with the provisions of section 13 below (FINAL 3 DISPOSITION). 4 Protected Material must be stored and maintained by a Receiving Party at a 5 location and in a secure manner that ensures that access is limited to the persons 6 authorized under this Order. 7 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 8 otherwise ordered by the court or permitted in writing by the Designating Party, a 9 Receiving Party may disclose any information or item designated 10 “CONFIDENTIAL” only to: 11 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 12 as employees of said Outside Counsel of Record to whom it is reasonably necessary 13 to disclose the information for thisAction; 14 (b) the officers, directors, and employees (including House Counsel) of the 15 Receiving Party to whom disclosure is reasonably necessary for thisAction; 16 (c) Experts (as defined in this Order) of the Receiving Party to whom 17 disclosure is reasonably necessary for this Action and who have signed the 18 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (d) the court and its personnel; 20 (e) court reporters and their staff; 21 (f) professional jury or trial consultants and mock jurors to whom 22 disclosure is reasonably necessary for this Action and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (ExhibitA); 24 (g) Professional Vendors to whom disclosure is reasonably necessary for 25 this Action; 26 (h) the author or recipient of a document containing the information or a 27 custodian or other person who otherwise possessed or knew theinformation; 28 10 14220525.2 CCaassee 22::2211--ccvv--0088775544--VVAAPP--PPDD DDooccuummeenntt 2234 FFiilleedd 0055//1178//2222 PPaaggee 1111 ooff 1177 PPaaggee IIDD ##::110107

1 (i) during their depositions, witnesses, and attorneys for witnesses, in the 2 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 3 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 4 not be permitted to keep any confidential information unless they sign the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 6 agreed by the Designating Party or ordered by the court. Pages of transcribed 7 deposition testimony or exhibits to depositions that reveal Protected Material may 8 be separately bound by the court reporter and may not be disclosed to anyone except 9 as permitted under this Stipulated Protective Order; and 10 (j) any mediator or settlement officer, and their supporting personnel, 11 mutually agreed upon by any of the parties engaged in settlementdiscussions. 12 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 13 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 14 writing by the Designating Party, a Receiving Party may disclose any information or 15 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only 16 to the persons listed in Paragraphs 7.2(a), (c), (d), (e), (f), (g), (h), and (j) above and 17 House Counsel of the Receiving Party. 18 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 19 IN OTHER LITIGATION 20 If a Party is served with a subpoena or a court order issued in other litigation 21 that compels disclosure of any information or items designated in this Action as 22 “CONFIDENTIAL,” that Party must: 23 (a) promptly notify in writing the Designating Party. Such notification shall 24 include a copy of the subpoena or courtorder; 25 (b) promptly notify in writing the party who caused the subpoena or order 26 to issue in the other litigation that some or all of the material covered by the subpoena 27 or order is subject to this Protective Order. Such notification shall include a copy of 28 this Stipulated Protective Order; and 11 14220525.2 CCaassee 22::2211--ccvv--0088775544--VVAAPP--PPDD DDooccuummeenntt 2234 FFiilleedd 0055//1178//2222 PPaaggee 1122 ooff 1177 PPaaggee IIDD ##::110118

1 (c) cooperate with respect to all reasonable procedures sought to be pursued 2 by the Designating Party whose Protected Material may beaffected. 3 If the Designating Party timely seeks a protective order, the Party served 4 with the subpoena or court order shall not produce any information designated in this 5 action as “CONFIDENTIAL” before a determination by the court from which the 6 subpoena or order issued, unless the Party has obtained the Designating Party’s 7 permission. The Designating Party shall bear the burden and expense of seeking 8 protection in that court of its confidential material and nothing in these provisions 9 should be construed as authorizing or encouraging a Receiving Party in this Action 10 to disobey a lawful directive from another court. 11 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT 12 TO BE PRODUCED IN THIS LITIGATION 13 (a) The terms of this Order are applicable to information produced by a 14 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 15 produced by Non-Parties in connection with this litigation is protected by the 16 remedies and relief provided by this Order. Nothing in these provisions should be 17 construed as prohibiting a Non-Party from seeking additionalprotections. 18 (b) In the event that a Party is required, by a valid discovery request, to 19 produce a Non-Party’s confidential information in its possession, and the Party is 20 subject to an agreement with the Non-Party not to produce the Non-Party’s 21 confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non-Party 23 that some or all of the information requested is subject to a confidentiality agreement 24 with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated 26 Protective Order in this Action, the relevant discovery request(s), and a reasonably 27 specific description of the information requested; and 28 12 14220525.2 CCaassee 22::2211--ccvv--0088775544--VVAAPP--PPDD DDooccuummeenntt 2234 FFiilleedd 0055//1178//2222 PPaaggee 1133 ooff 1177 PPaaggee IIDD ##::110129

1 (3) make the information requested available for inspection by the 2 Non-Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this court within 4 14 days of receiving the notice and accompanying information, the Receiving Party 5 may produce the Non-Party’s confidential information responsive to the discovery 6 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 7 not produce any information in its possession or control that is subject to the 8 confidentiality agreement with the Non-Party before a determination by the court. 9 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 10 of seeking protection in this court of its ProtectedMaterial. 11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 13 Protected Material to any person or in any circumstance not authorized under this 14 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 15 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 16 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 17 persons to whom unauthorized disclosures were made of all the terms of this Order, 18 and (d) request such person or persons to execute the “Acknowledgment and 19 Agreement to Be Bound” that is attached hereto as Exhibit A. 20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 21 PROTECTED MATERIAL 22 When a Producing Party gives notice to Receiving Parties that certain 23 inadvertently produced material is subject to a claim of privilege or other protection, 24 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 25 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 26 may be established in an e-discovery order that provides for production without prior 27 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), the disclosure 28 or production of documents protected by the attorney-client privilege or work- 13 14220525.2 CCaassee 22::2211--ccvv--0088775544--VVAAPP--PPDD DDooccuummeenntt 2234 FFiilleedd 0055//1178//2222 PPaaggee 1144 ooff 1177 PPaaggee IIDD ##::110230

1 product protection, whether inadvertent or not, will not constitute a waiver of the 2 privilege or protection by the disclosing Party in either the litigation pending before 3 the Court, or any other federal or state proceeding. 4 12. MISCELLANEOUS 5 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 6 person to seek its modification by the Court in thefuture. 7 12.2 Right to Assert Other Objections. By stipulating to the entry of this 8 Protective Order, no Party waives any right it otherwise would have to object to 9 disclosing or producing any information or item on any ground not addressed in this 10 Stipulated Protective Order. Similarly, no Party waives any right to object on any 11 ground to use in evidence of any of the material covered by this ProtectiveOrder. 12 12.3 Filing Protected Material. A Party that seeks to file under seal any 13 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 14 only be filed under seal pursuant to a court order authorizing the sealing of the 15 specific Protected Material at issue. If a Party’s request to file Protected Material 16 under seal is denied by the court, then the Receiving Party may file the information 17 in the public record unless otherwise instructed by thecourt. 18 12.4 Prior or Public Knowledge. This Protective Order shall not apply to 19 information that, prior to disclosure, is public knowledge, and the restrictions 20 contained in this Protective Order shall not apply to information that is, or after 21 disclosure becomes, public; was in the possession of the Party to whom disclosure is 22 made prior to disclosure; or is public knowledge other than by an act or omission of 23 the party to whom such disclosure is made; or that is legitimately and independently 24 acquired from a source not subject to this Protective Order. 25 13. FINAL DISPOSITION 26 After the final disposition of this Action, as defined in paragraph 4, within 60 27 days of a written request by the Designating Party, each Receiving Party must return 28 all Protected Material to the Producing Party or destroy such material. As used in 14 14220525.2 Case :21-cv-08754-VAP-PD Document 23 Filed 05/18/22 Page15o0f17 Page ID#:104

1 || this subdivision, “all Protected Material’ includes all copies, abstracts, compilations, 2 || summaries, and any other format reproducing or capturing any of the Protected 3 || Material. Whether the Protected Material is returned or destroyed, the Receiving 4 || Party must submit a written certification to the Producing Party (and, if not the same 5 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 6 || (by category, where appropriate) all the Protected Material that was returned or 7 || destroyed and (2) affirms that the Receiving Party has not retained any copies, g || abstracts, compilations, summaries or any other format reproducing or capturing any 9 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to 10 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 11 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 12 || reports, attorney work product, and consultant and expert work product, even if such 13 || materials contain Protected Material. Any such archival copies that contain or 14 || constitute Protected Material remain subject to this Protective Order as set forth in 15 || Section 4 (DURATION). 16 || 14. Any violation of this Order may be punished by appropriate measures 17 || including, without limitation, contempt proceedings and/or monetary sanctions. 18 19 || □□ □□ SO STIPULATED, THROUGH COUNSEL OF RECORD. 20 21 || DATED:__ May 16, 2022 22 23 /s/Scott Alan Burroughs 54 Scott Alan Burroughs Trevor W. Barrett 25 || Frank R. Trechsel 06 DONIGER / BURROUGHS Attorneys for Plaintiff 27 28 15 14220525.2

Case :21-cv-08754-VAP-PD Document 24 Filed 05/18/22 Page 160f17 Page ID#:122 2 || DATED: May 16, 2022 4 /s/Emily F. Evitt Emily F. Evitt > || Gabriella N. Ismaj 6 || MITCHELL, SILBERBERG & KNUPP LLP ; Attorneys for Defendant

g Attestation Regarding Signatures I, Emily F. Evitt, attest that all signatories listed, and on whose behalf the filing 9 || is submitted, concur in this filing’s content and have authorized the filing. 10 /s/Emily F. Evitt Emily F. Evitt 11 12 13 14 || FOR GOOD CAUSE SHOWN, IT IS SO is ORDERED. 16 7 DATED: May 18, 2022

18 Piaticcca Donati 9 Patricia Donahue 20 || United States Magistrate Judge 21 22 23 24 25 26 27 28 16 14220525.2

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1 EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2 3 I, ___________________________________ [print or type full name], of 4 ____________________________________ [print or type full address], declare 5 under penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the United States District Court for the Central 7 District of California in the case of Matlow v. Hive Media Group, LLC, Case No. 8 2:21-cv-08754 VAP-PDx. 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 10 to so comply could expose me to sanctions and punishment in the nature of 11 contempt. I solemnly promise that I will not disclose in any manner any information 12 or item that is subject to this Stipulated Protective Order to any person or entity 13 except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for 15 the Central District of California for enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of 17 this action. I hereby appoint ________________________ [print or type full 18 name] of _________ [print or type full address and telephone number] as my 19 California agent for service of process in connection with this action or any 20 proceedings related to enforcement of this Stipulated Protective Order. 21 22 Date: __________________________ 23 City and State where sworn and signed: _____________________________ 24 25 Printedname: ____________________________________ 26 27 Signature: ________________________________ 28 17 14220525.2