Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 1 of 17 Page ID #:389

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 Consumer Financial Protection Bureau, ) Case No. 2:21-cv-07492-VAP-JDE ) 11 ) Plaintiff, ) STIPULATION AND PROPOSED 12 ) PROTECTIVE ORDER ) 13 v. ) ) 14 ) Daniel A. Rosen, Inc. d/b/a Credit ) 15 Repair Cloud & Daniel Rosen, ) ) 16 ) Defendants. ) 17

18 1. PURPOSES AND LIMITATIONS 19 Discovery in this action is likely to involve production of confidential, 20 proprietary or private information for which special protection from public 21 disclosure and from use for any purpose other than pursuing this litigation may be 22 warranted. Accordingly, the parties hereby stipulate to and petition the Court to 23 enter the following Stipulated Protective Order. The parties acknowledge that this 24 Order does not confer blanket protections on all disclosures or responses to 25 discovery and that the protection it affords from public disclosure and use extends 26 only to the limited information or items that are entitled to confidential treatment 27 under the applicable legal principles. The parties acknowledge the statutory 28 Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 2 of 17 Page ID #:390

1 obligations and regulatory permission of the Plaintiff, the Consumer Financial 2 Protection Bureau (“Bureau”) to share confidential information under this Order 3 with other federal and state agencies. 4 2. GOOD CAUSE STATEMENT 5 This action is likely to involve the exchange of non-publicly-available 6 documents and other information of a sensitive and confidential or proprietary 7 nature including consumer report information, consumer contracts, and business 8 software that may contain confidential and personally identifiable information1 9 (“PII”), including personal telephone numbers, personal addresses, and personal 10 email addresses, and credit score or credit report information. Special protection 11 from public disclosure is warranted for these documents and other information. 12 Such sensitive and confidential and proprietary documents and other 13 information consist of, among other things, confidential business or financial 14 information, information regarding consumers (including information implicating 15 privacy rights of third parties), information otherwise generally unavailable to the 16 public, or information that may be privileged or otherwise protected from 17 disclosure under state or federal statutes, court rules, case decisions, or common 18 law. Accordingly, to expedite the flow of information, facilitate the prompt 19 resolution of disputes over confidentiality of discovery materials, protect 20 21

22 1 Office of Management and Budget (OMB) Memorandum M-17-12, Preparing for and Responding to a Breach of Personally Identifiable Information, January 3, 2017(OMB M-17-12), 23 defines PII as “information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual. 24 Because there are many different types of information that can be used to distinguish or trace an individual’s identity, the term PII is necessarily broad. To determine whether information is PII, 25 the [entity or individual] . . . shall perform an assessment of the specific risk that an individual 26 can be identified using the information with other information that is linked or linkable to the individual. In performing this assessment, it is important to recognize that information that is not 27 PII can become PII whenever additional information becomes available—in any medium or from any source—that would make it possible to identify an individual.” 28 2 Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 3 of 17 Page ID #:391

1 information the Parties are entitled to keep confidential, ensure that the Parties are 2 permitted reasonable necessary uses of such material in preparation for and in the 3 conduct of trial, address their handling at the end of the litigation, and serve the 4 ends of justice, a protective order for such information is justified in this matter. It 5 is the intent of the Parties that a confidential designation will not be made for 6 tactical reasons and that nothing will be so designated without a good faith belief 7 that it has been maintained in a confidential, non-public manner, and that there is 8 good cause why it should not be part of the public record of this case. 9 3. ACKNOWLEDGMENT OF UNDER SEAL FILING 10

PROCEDURE

11 The parties further acknowledge, as set forth in Section 14.3, below, that this 12 Stipulated Protective Order does not entitle them to file confidential information 13 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 14 and the standards that will be applied when a party seeks permission from the court 15 to file material under seal. There is a strong presumption that the public has a right 16 of access to judicial proceedings and records in civil cases. In connection with non- 17 dispositive motions, good cause must be shown to support a filing under seal. See 18 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), 19 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar- 20 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even 21 stipulated protective orders require good cause showing), and a specific showing of 22 23 good cause or compelling reasons with proper evidentiary support and legal 24 justification, must be made with respect to Protected Material that a party seeks to 25 file under seal. The parties’ mere designation of Disclosure or Discovery Material 26 as CONFIDENTIAL does not— without the submission of competent evidence by 27 declaration, establishing that the material sought to be filed under seal qualifies as 28 confidential, privileged, or otherwise protectable—constitute good cause. 3 Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 4 of 17 Page ID #:392

1 Further, if a party requests sealing related to a dispositive motion or trial, 2 then compelling reasons, not only good cause, for the sealing must be shown, and 3 the relief sought shall be narrowly tailored to serve the specific interest to be 4 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 5 2010). For each item or type of information, document, or thing sought to be filed 6 or introduced under seal, the party seeking protection must articulate compelling 7 reasons, supported by specific facts and legal justification, for the requested sealing 8 order. Again, competent evidence supporting the application to file documents 9 under seal must be provided by declaration. 10 Any document that is not confidential, privileged, or otherwise protectable 11 in its entirety will not be filed under seal if the confidential portions can be 12 redacted. If documents can be redacted, then a redacted version for public viewing, 13 omitting only the confidential, privileged, or otherwise protectable portions of the 14 document, shall be filed. Any application that seeks to file documents under seal in 15 their entirety should include an explanation of why redaction is not feasible. 16 4. DEFINITIONS 17 4.1 Action: This case, Consumer Financial Protection Bureau v. Daniel 18 A. Rosen, Inc. d/b/a Credit Repair Cloud, et al., No. 2:21-cv-07492-VAP-JDE, 19 pending in the United States District Court for the Central District of California. 20 4.2 Challenging Party: a Party or Non-Party that challenges the 21 designation of information or items under this Order. 22 23 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 24 how it is generated, stored or maintained) or tangible things that qualify for 25 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 26 the Good Cause Statement. 27 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as 28 their support staff). 4 Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 5 of 17 Page ID #:393

1 4.5 Designating Party: a Party or Non-Party that designates information or 2 items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL.” 4 4.6 Disclosure or Discovery Material: all items or information, regardless 5 of the medium or manner in which it is generated, stored, or maintained (including, 6 among other things, testimony, transcripts, and tangible things), that are produced 7 or generated in disclosures or responses to discovery. 8 4.7 Expert: a person with specialized knowledge or experience in a matter 9 pertinent to the litigation who has been retained by a Party or its counsel to serve 10 as an expert witness or as a consultant in this Action. 11 4.8 Final Disposition: the later of (1) dismissal of all claims and defenses 12 in this action, with or without prejudice; and (2) final judgment herein after the 13 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of 14 this action, including the time limits for filing any motions or applications for 15 extension of time pursuant to applicable law. 16 4.9 House Counsel: attorneys who are employees of a party to this 17 Action. House Counsel does not include Outside Counsel of Record or any other 18 outside counsel. 19 4.10 Non-Party: any natural person, partnership, corporation, association or 20 other legal entity not named as a Party to this action. 21 4.11 Outside Counsel of Record: attorneys who are not employees of a 22 23 party to this Action but are retained to represent a party to this Action and have 24 appeared in this Action on behalf of that party or are affiliated with a law firm that 25 has appeared on behalf of that party, and includes support staff. 26 4.12 Party: any party to this Action, including all of its officers, directors, 27 employees, consultants, contractors, retained experts, and Outside Counsel of 28 Record (and their support staffs). 5 Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 6 of 17 Page ID #:394

1 4.13 Producing Party: a Party or Non-Party that produces Disclosure or 2 Discovery Material in this Action. 3 4.14 Professional Vendors: persons or entities that provide litigation 4 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 5 demonstrations, and organizing, storing, or retrieving data in any form or medium) 6 and their employees and subcontractors. 7 4.15 Protected Material: any Disclosure or Discovery Material that is 8 designated as “CONFIDENTIAL.” 9 4.16 Receiving Party: a Party that receives Disclosure or Discovery 10 Material from a Producing Party. 11 5. SCOPE 12 The protections conferred by this Stipulation and Order cover not only 13 Protected Material (as defined above), but also (1) any information copied or 14 extracted from Protected Material; (2) all copies, excerpts, summaries, or 15 compilations of Protected Material; and (3) any testimony, conversations, or 16 presentations by Parties or their Counsel that might reveal Protected Material. 17 Any use of Protected Material at trial shall be governed by the orders of the 18 trial judge and other applicable authorities. This Order does not govern the use of 19 Protected Material at trial. 20 6. DURATION 21 Once a case proceeds to trial, information that was designated as 22 23 CONFIDENTIAL or maintained pursuant to this protective order used or 24 introduced as an exhibit at trial becomes public and will be presumptively 25 available to all members of the public, including the press, unless compelling 26 reasons supported by specific factual findings to proceed otherwise are made to the 27 trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 28 (distinguishing “good cause” showing for sealing documents produced in 6 Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 7 of 17 Page ID #:395

1 discovery from “compelling reasons” standard when merits-related documents are 2 part of court record). However the confidentiality obligations imposed by this 3 Order shall remain in effect for the information that was designated as 4 CONFIDENTIAL or maintained pursuant to this protective order and was not used 5 or introduced as an exhibit at trial, until a Designating Party agrees otherwise in 6 writing or a court order otherwise directs. 7 7. DESIGNATING PROTECTED MATERIAL 8 7.1 Exercise of Restraint and Care in Designating Material for 9 Protection. Each Party or Non-Party that designates information or 10 items for protection under this Order must take care to limit any such designation 11 to specific material that qualifies under the appropriate standards. The Designating 12 Party must designate for protection only those parts of material, documents, items 13 or oral or written communications that qualify so that other portions of the 14 material, documents, items or communications for which protection is not 15 warranted are not swept unjustifiably within the ambit of this Order. 16 Mass, indiscriminate or routinized designations are prohibited. Designations 17 that are shown to be clearly unjustified or that have been made for an improper 18 purpose (e.g., to unnecessarily encumber the case development process or to 19 impose unnecessary expenses and burdens on other parties) may expose the 20 Designating Party to sanctions. 21 If it comes to a Designating Party’s attention that information or items that it 22 23 designated for protection do not qualify for protection, that Designating Party must 24 promptly notify all other Parties that it is withdrawing the inapplicable designation. 25 7.2 Manner and Timing of Designations. Except as otherwise provided in 26 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 27 that qualifies for protection under this Order must be clearly so designated before 28 the material is disclosed or produced. 7 Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 8 of 17 Page ID #:396

1 Designation in conformity with this Order requires: 2 (a) for information in documentary form (e.g., paper or electronic 3 documents, but excluding transcripts of depositions or other pretrial or trial 4 proceedings), that the Producing Party affix at a minimum, the legend 5 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 6 contains protected material. If only a portion of the material on a page qualifies for 7 protection, the Producing Party also must clearly identify the protected portion(s) 8 (e.g., by making appropriate markings in the margins). For information in non- 9 static documentary form (e.g., spreadsheets) for which the application of the 10 CONFIDENTIAL legend is impracticable, a slip or cover sheet with the 11 CONFIDENTIAL legend shall be provided. If only a portion or portions of the 12 material in such a document qualify for protection, the slip or cover sheet shall 13 clearly identify the protected portion(s) (e.g., by specifying the row and column 14 numbers in a spreadsheet). 15 A Party or Non-Party that makes original documents available for inspection 16 need not designate them for protection until after the inspecting Party has indicated 17 which documents it would like copied and produced. During the inspection and 18 before the designation, all of the material made available for inspection shall be 19 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 20 documents it wants copied and produced, the Producing Party must determine 21 which documents, or portions thereof, qualify for protection under this Order. 22 23 Then, before producing the specified documents, the Producing Party must affix 24 the “CONFIDENTIAL legend” to each page that contains Protected Material. If 25 only a portion of the material on a page qualifies for protection, the Producing 26 Party also must clearly identify the protected portion(s) (e.g., by making 27 appropriate markings in the margins). 28 (b) for testimony given in depositions that the Designating Party 8 Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 9 of 17 Page ID #:397

1 identifies the Disclosure or Discovery Material on the record, before the close of 2 the deposition all protected testimony. 3 (c) for information produced in some form other than documentary 4 and for any other tangible items, that the Producing Party affix in a prominent 5 place on the exterior of the container or containers in which the information is 6 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 7 information warrants protection, the Producing Party, to the extent practicable, 8 shall identify the protected portion(s). 9 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 10 failure to designate qualified information or items does not, standing alone, waive 11 the Designating Party’s right to secure protection under this Order for such 12 material. Upon timely correction of a designation, the Receiving Party must make 13 reasonable efforts to assure that the material is treated in accordance with the 14 provisions of this Order. 15 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 16 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 17 designation of confidentiality at any time that is consistent with the Court’s 18 Scheduling Order. 19 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 20 resolution process under Local Rule 37-1 et seq. 21 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 22 23 joint stipulation pursuant to Local Rule 37-2. 24 8.4 The burden of persuasion in any such challenge proceeding shall be 25 on the Designating Party. Frivolous challenges, and those made for an improper 26 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 27 parties) may expose the Challenging Party to sanctions. Unless the Designating 28 Party has waived or withdrawn the confidentiality designation, all parties shall 9 Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 10 of 17 Page ID #:398

1 continue to afford the material in question the level of protection to which it is 2 entitled under the Producing Party’s designation until the Court rules on the 3 challenge. 4 9. ACCESS TO AND USE OF PROTECTED MATERIAL 5 9.1 Basic Principles. A Receiving Party may use Protected Material that is 6 disclosed or produced by another Party or by a Non-Party in connection with this 7 Action only for prosecuting, defending or attempting to settle this Action unless 8 another use is authorized by this Order or required by federal statute or permitted 9 by regulation applicable to the Bureau. Such Protected Material may be disclosed 10 only to the categories of persons and under the conditions described in this Order 11 12 and as required by federal statute or permitted by regulation applicable to the 13 Bureau. When the Action has been terminated, a Receiving Party must comply 14 with the provisions of section 15 below (FINAL DISPOSITION). 15 Protected Material must be stored and maintained by a Receiving Party at a 16 location and in a secure manner that ensures that access is limited to the persons 17 authorized under this Order. 18 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 19 otherwise ordered by the court or permitted in writing by the Designating Party, a 20 Receiving Party may disclose any information or item designated 21 “CONFIDENTIAL” only to: 22 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 23 well as employees of said Outside Counsel of Record to whom it is reasonably 24 necessary to disclose the information for this Action; 25 (b) the officers, directors, employees and contractors (including House 26 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for 27 this Action; 28 10 Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 11 of 17 Page ID #:399

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” (Exhibit A); 9 (g) the author or recipient of a document containing the information or 10 a custodian or other person who otherwise possessed or knew the information; 11 (h) during their depositions, witnesses, and attorneys for witnesses, in 12 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 13 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 14 they will not be permitted to keep any confidential information unless they sign the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 16 agreed by the Designating Party or ordered by the court. Pages of transcribed 17 deposition testimony or exhibits to depositions that reveal Protected Material may 18 be separately bound by the court reporter and may not be disclosed to anyone 19 except as permitted under this Stipulated Protective Order; and 20 (i) any mediators or settlement officers and their supporting personnel, 21 mutually agreed upon by any of the parties engaged in settlement discussions. 22 23 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED

PRODUCED IN OTHER LITIGATION

24 25 If a Party is served with a subpoena or a court order or other legal process, 26 including discovery requests, issued in other litigation that compels disclosure of 27 any information or items designated in this Action as “CONFIDENTIAL,” that 28 Party must: 11 Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 12 of 17 Page ID #:400

1 (a) promptly notify in writing the Designating Party. Such notification 2 shall include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or 4 order or other legal process to issue in the other litigation that some or all of the 5 material covered by the subpoena or order or other legal process is subject to this 6 Protective Order. Such notification shall include a copy of this Stipulated 7 Protective Order; and 8 (c) cooperate with respect to all reasonable procedures sought to be 9 pursued by the Designating Party whose Protected Material may be affected. If the 10 Designating Party timely seeks a protective order, the Party served with the 11 subpoena or court order or other legal process shall not produce any information 12 designated in this action as “CONFIDENTIAL” before a determination by the 13 court from which the subpoena or order issued, unless the Party has obtained the 14 Designating Party’s permission. The Designating Party shall bear the burden and 15 expense of seeking protection in that court of its confidential material and nothing 16 in these provisions should be construed as authorizing or encouraging a Receiving 17 Party in this Action to disobey a lawful directive from another court. 18 19 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO

BE PRODUCED IN THIS LITIGATION

20

21 (a) The terms of this Order are applicable to information produced by 22 a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 23 information produced by Non-Parties in connection with this litigation is protected 24 by the remedies and relief provided by this Order. Nothing in these provisions 25 should be construed as prohibiting a Non-Party from seeking additional 26 protections. 27 28 12 Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 13 of 17 Page ID #:401

1 (b) In the event that a Party is required, by a valid discovery request, 2 to produce a Non-Party’s confidential information in its possession, and the Party 3 is subject to an agreement with the Non-Party not to produce the Non-Party’s 4 confidential information, then the Party shall: 5 (1) promptly notify in writing the Requesting Party and the Non-Party 6 that some or all of the information requested is subject to a confidentiality 7 agreement with a Non-Party; 8 (2) promptly provide the Non-Party with a copy of the Stipulated 9 Protective Order in this Action, the relevant discovery request(s), and a reasonably 10 specific description of the information requested; and 11 (3) make the information requested available for inspection by the 12 Non-Party, if requested. 13 (c) If the Non-Party fails to seek a protective order from this court 14 within 14 days of receiving the notice and accompanying information, the 15 Receiving Party may produce the Non-Party’s confidential information responsive 16 to the discovery request. If the Non-Party timely seeks a protective order, the 17 Receiving Party shall not produce any information in its possession or control that 18 is subject to the confidentiality agreement with the Non-Party before a 19 determination by the court. Absent a court order to the contrary, the Non-Party 20 shall bear the burden and expense of seeking protection in this court of its 21 Protected Material. 22 23 12. UNAUTHORIZED DISCLOSURE OF PROTECTED

MATERIAL

24 25 If a Receiving Party learns that, by inadvertence or otherwise, it has 26 disclosed Protected Material to any person or in any circumstance not authorized 27 under this Stipulated Protective Order, the Receiving Party must immediately (a) 28 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 13 Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 14 of 17 Page ID #:402

1 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 2 the person or persons to whom unauthorized disclosures were made of all the terms 3 of this Order, and (d) request such person or persons to execute the 4 “Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A. 5 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 6 OTHERWISE PROTECTED MATERIAL

7 When a Producing Party gives notice to Receiving Parties that certain 8 inadvertently produced material is subject to a claim of privilege or other 9 protection, the obligations of the Receiving Parties are those set forth in Federal 10 Rule of Civil Procedure 26(b)(5)(B). The production of privileged or work product 11 protected documents, whether inadvertent or otherwise, is not a waiver of the 12 privilege or protection from discovery in this case or in any other federal or state 13 proceeding. This Order shall be interpreted to provide the maximum protection 14 allowed by Federal Rule of Evidence 502(d). 15 Nothing contained herein is intended to or shall serve to limit a party’s right 16 to conduct a review of documents (including metadata) for relevance, 17 responsiveness and/or segregation of privileged and/or protected information 18 before production. 19 14. MISCELLANEOUS 20 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 21 person to seek its modification by the Court in the future. 22 23 14.2 Right to Assert Other Objections. By stipulating to the entry of this 24 Protective Order, no Party waives any right it otherwise would have to object to 25 disclosing or producing any information or item on any ground not addressed in 26 this Stipulated Protective Order. Similarly, no Party waives any right to object on 27 any ground to use in evidence of any of the material covered by this Protective 28 Order. 14 Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 15 of 17 Page ID #:403

1 14.3 Filing Protected Material. A Party that seeks to file under seal any 2 Protected Material must comply with Local Civil Rule 79-5. Protected Material 3 may only be filed under seal pursuant to a court order authorizing the sealing of the 4 specific Protected Material. If a Party’s request to file Protected Material under 5 seal is denied by the court, then the Receiving Party may file the information in the 6 public record unless otherwise instructed by the court. 7 15. FINAL DISPOSITION 8 The confidentiality obligations imposed by this Order shall remain in effect 9 until a Designating Party agrees otherwise in writing or a court order otherwise 10 directs. 11 After the final disposition of this Action, as defined in paragraph 6, within 12 60 days of a written request by the Designating Party, each Receiving Party must 13 return all Protected Material to the Producing Party or destroy such material, or 14 retain such material as required by federal recordkeeping requirements in a manner 15 that ensures the confidentiality of the material. As used in this subdivision, “all 16 Protected Material” includes all copies, abstracts, compilations, summaries, and 17 any other format reproducing or capturing any of the Protected Material except as 18 required to comply with federal recordkeeping requirements. Whether the 19 Protected Material is returned or destroyed, or retained pursuant to federal 20 recordkeeping requirements, the Receiving Party must submit a written 21 certification to the Producing Party (and, if not the same person or entity, to the 22 23 Designating Party) by the 60-day deadline that (1) identifies (by category, where 24 appropriate) all the Protected Material that was returned, destroyed, or retained 25 pursuant to federal recordkeeping requirements, and (2) affirms that the Receiving 26 Party has not retained any copies, abstracts, compilations, summaries or any other 27 format reproducing or capturing any of the Protected Material except as required 28 pursuant to federal recordkeeping requirements. Notwithstanding this provision, 15 Cisse 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 16o0f17 Page ID #:404

1 □□ Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, 2 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition 3 |/ and trial exhibits, expert reports, attorney work product, and consultant and expert 4 || work product, even if such materials contain Protected Material. Any such archival □ copies that contain or constitute Protected Material remain subject to this © |! Protective Order as set forth in Section 6 (DURATION). 16. VIOLATION 8 Any violation of this Order may be punished by appropriate measures 7 including, without limitation, contempt proceedings and/or monetary sanctions. 10 17. JURISDICTION 0 The Court shall retain jurisdiction after the resolution of this action to enforce or modify the terms of this order.

14 15 Pursuant to the Parties’ Stipulation, and for good cause shown, 16 IT IS SO ORDERED. 17 18 ||} DATED: May 31, 2022 19 20 / de a □ 21 J D. EARLY > ited States Magistrate Judge 23 24 25 26 27 28 16

Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 17 of 17 Page ID #:405

EXHIBIT A

1

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2

3 I, __________________________ [print or type full name], of 4 5 ____________________ [print or type full address], declare that I have read in its 6 entirety and understand the Protective Order that was issued by the United States 7 District Court for the Central District of California on May 31, 2022, the case of 8 Consumer Financial Protection Bureau v. Daniel A. Rosen, Inc. d/b/a Credit Repair 9 Cloud, et al., Case No. 2:21-cv-07492-VAP-JDE. I agree to comply with and to be 10 bound by all the terms of this Protective Order, and I understand and acknowledge 11 that failure to so comply could expose me to sanctions and punishment for 12 contempt. I solemnly promise that I will not disclose in any manner any information 13 or item that is subject to this Protective Order to any person or entity except in strict 14 compliance with this Order. 15 I further agree to submit to the jurisdiction of the United States District 16 Court for the Central District of California for the purpose of enforcing this Order, 17 even if such enforcement proceedings occur after termination of this action. 18 I hereby appoint ________ [print or type full name] of 19 ___________________ [print or type full address and telephone number] as my 20 California agent for service of process in connection with this action or any 21 proceedings related to enforcement of this Order. 22 Date: _______ 23 City and State where sworn and signed: 24 Printed name: ___________________ 25 Signature: 26

27 28 17