Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 1 of 18 Page ID #:853

1

2

3

4

5

6

7

8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

WESTERN DIVISION

11 12 COACHELLA MUSIC FESTIVAL, LLC CASE. 2:21-CV-09631-RGK-GJSX

AND GOLDENVOICE, LLC.,

13

PLAINTIFFS,

14 [PROPOSED] STIPULATED

V. PROTECTIVE ORDER1

15 16 LIVE NATION ENTERTAINMENT,

INC., BLUEHOST INC. D/B/A UNIFIED

17 LAYER, AND DOES 1-20, 18 19 DEFENDANTS. 20

21 22 23 24 25 26 27

28 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Gail J. Standish’s Procedures Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 2 of 18 Page ID #:854

1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, proprietary, 3 or private information for which special protection from public disclosure and from use for 4 any purpose other than prosecuting this litigation may be warranted. Accordingly, the 5 parties hereby stipulate to and petition the Court to enter the following Stipulated Protective 6 Order. The parties acknowledge that this Order does not confer blanket protections on all 7 disclosures or responses to discovery and that the protection it affords from public 8 disclosure and use extends only to the limited information or items that are entitled to 9 confidential treatment under the applicable legal principles. 10 B. GOOD CAUSE STATEMENT 11 This is an action for contributory trademark infringement, contributory false 12 designation of origin, and unfair competition. This action is likely to involve valuable 13 research, development, commercial, financial, technical and/or proprietary information for 14 which special protection from public disclosure and from use for any purpose other than 15 prosecution of this action is warranted. The parties assert that the disclosure of this 16 information could give their competitors an edge in future contract negotiations. Good 17 cause therefore exists to maintain this information as confidential. See Encyclopedia Brown 18 Productions, Ltd. v. Home Box Office, Inc., 26 F. Supp. 2d 606, 614 (S.D.N.Y. 1998) 19 (sealing confidential and otherwise undisclosed business information that “may provide 20 valuable insights into a company’s current business practices that a competitor would seek 21 to exploit”). 22 Moreover, Plaintiffs may seek as part of their damages the disgorgement of 23 Defendant’s profits and Defendant is seeking commercially sensitive information such as 24 financial and sales details from Plaintiffs. As a result, the parties anticipate production of 25 financial information and trade secrets not otherwise publicly available, including sales and 26 profit margins. Further, to show the amount of corrective advertising Plaintiffs seek and 27 the damage to their brand, they may produce information concerning their past and current 28 market share or customer base as well as their financial information. Because the public 2 Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 3 of 18 Page ID #:855

1 disclosure of this and other information may harm the parties’ business interest and 2 competitive standing, good cause exists to maintain as confidential information falling 3 within these categories. See, e.g., Hodges v. Apple Inc., Case No. 13-cv-01128, 2013 WL 4 6070408 (N.D. Cal. Nov. 18, 2013) (“Given the nature of Exhibit 4—a spreadsheet that 5 contains financial information—the Court is persuaded that there are compelling reasons 6 to file it under seal.”); SMD Software, Inc. v. EMove, Inc., Case No. 5:08-CV-403-FL, 2013 7 WL 1091054, at *3 (E.D.N.C. Mar. 15, 2013) (“Defendants urge that these documents 8 contain confidential information such as . . . relative market share . . . the court agrees that 9 they too contain confidential information, the publication of which may harm the parties' 10 business interests and competitive standing. This risk of harm outweighs the public's 11 interest in accessing the documents.”). The examples, types, and categories of information 12 described in this Stipulation are intended as examples and are not intended to limit 13 discovery in this matter or to limit the type or categories of information that may be 14 produced. 15 Accordingly, to expedite the flow of information, to facilitate the prompt resolution 16 of disputes over confidentiality of discovery materials, to adequately protect information 17 the parties are entitled to keep confidential, to ensure that the parties are permitted 18 reasonable necessary uses of such material in preparation for and in the conduct of trial, to 19 address their handling at the end of the litigation, and serve the ends of justice, a protective 20 order for such information is justified in this matter. It is the intent of the parties that 21 information will not be designated as confidential for tactical reasons and that nothing be 22 so designated without a good faith belief that it has been maintained in a confidential, 23 non-public manner, and there is good cause why it should not be part of the public record 24 of this case. 25 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 26 The parties further acknowledge, as set forth in Section 12.3, below, that this 27 Stipulated Protective Order does not entitle them to file confidential information under 28 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 3 Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 4 of 18 Page ID #:856

1 standards that will be applied when a Party seeks permission from the court to file material 2 under seal. 3 There is a strong presumption that the public has a right of access to judicial 4 proceedings and records in civil cases. In connection with non-dispositive motions, good 5 cause must be shown to support a filing under seal. See Kamakana v. City and County of 6 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 7 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 8 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 9 cause showing), and a specific showing of good cause or compelling reasons with proper 10 evidentiary support and legal justification, must be made with respect to Protected Material 11 that a Party seeks to file under seal. The parties’ mere designation of Disclosure or 12 Discovery Material as CONFIDENTIAL does not—without the submission of competent 13 evidence by declaration, establishing that the material sought to be filed under seal qualifies 14 as confidential, privileged, or otherwise protectable—constitute good cause. 15 Further, if a Party requests sealing related to a dispositive motion or trial, then 16 compelling reasons, not only good cause, for the sealing must be shown, and the relief 17 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos 18 v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of 19 information, document, or thing sought to be filed or introduced under seal in connection 20 with a dispositive motion or trial, the Party or Non-Party seeking protection must articulate 21 compelling reasons, supported by specific facts and legal justification, for the requested 22 sealing order. Again, competent evidence supporting the application to file documents 23 under seal must be provided by declaration. 24 Any document that is not confidential, privileged, or otherwise protectable in its 25 entirety will not be filed under seal if the confidential portions can be redacted. If 26 documents can be redacted, then a redacted version for public viewing, omitting only the 27 confidential, privileged, or otherwise protectable portions of the document, shall be filed. 28 4 Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 5 of 18 Page ID #:857

1 Any application that seeks to file documents under seal in their entirety should include an 2 explanation of why redaction is not feasible. 3 2. DEFINITIONS 4 2.1 Action: this pending federal lawsuit. 5 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 6 information or items under this Order. 7 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it 8 is generated, stored or maintained) or tangible things that qualify for protection under 9 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 10 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their 11 support staff). 12 2.6 Designating Party: a Party or Non-Party that designates information or items 13 that it produces in disclosures or in responses to discovery as Protected Material, as defined 14 below. 15 2.7 Disclosure or Discovery Material: all items or information, regardless of the 16 medium or manner in which it is generated, stored, or maintained (including, among other 17 things, testimony, transcripts, and tangible things), that are produced or generated in 18 disclosures or responses to discovery in this matter. 19 2.8 Expert(s): a person with specialized knowledge or experience in a matter 20 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 21 expert witness or as a consultant in this Action. No fewer than 10 days (or any other period 22 specifically designated by the Court) prior to the initial disclosure to a proposed expert of 23 any Protected Material, the Party proposing to use that expert shall submit in writing the 24 name of the proposed expert and his or her educational and employment history to the 25 Designating Party. If the Designating Party objects to the disclosure of the Protected 26 Material to the proposed expert, it shall notify the Party proposing the expert of that 27 objection and the grounds thereof prior to the initial disclosure and shall do so in a letter 28 pursuant to L.R. 37-1. If the dispute is not informally resolved among the parties, the 5 Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 6 of 18 Page ID #:858

1 Designating Party shall promptly seek relief from the Court pursuant to Judge Standish’s 2 discovery dispute procedures. The Court will either enter a ruling or will direct the Parties 3 to engage in motion practice pursuant to L.R. 37-2 or L.R. 7-5 et seq., at its discretion. If 4 an objection has been raised, no Protected Material will be shared with the proposed expert 5 until the Court resolves the Parties’ dispute or until the Parties resolve it among themselves 6 informally. 7 2.9 “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES ONLY” Information or 8 Items: shall mean extremely sensitive Confidential Information or Items, disclosure of 9 which to another Party or Non-Party would create a substantial risk of serious harm that 10 could not be avoided by less restrictive means. 11 2.10 House Counsel: attorneys in good standing of a state bar who are fulltime 12 employees of a corporate party to this Action. House Counsel does not include Outside 13 Counsel of Record or any other outside counsel. 14 2.11 Non-Party: any natural person, partnership, corporation, association, or other 15 legal entity not named as a Party to this action. 16 2.12 Outside Counsel of Record: attorneys who are not employees of a Party to this 17 Action but are retained to represent or advise a Party to this Action and have appeared in 18 this Action on behalf of that Party, including support staff who directly support an attorney 19 who has appeared on behalf of a Party to this Action and that are directly employed by the 20 attorney’s law firm (i.e., not a contractor, contract attorney, affiliate, or the like). 21 2.13 Party: any party to this Action, including all of its officers, directors, 22 employees, consultants, retained experts, and Outside Counsel of Record (and their support 23 staffs). 24 2.14 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 25 Material in this Action. 26 2.15 Professional Vendors: persons or entities that provide litigation support 27 services (e.g., photocopying, videotaping, translating, preparing exhibits or 28 6 Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 7 of 18 Page ID #:859

1 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 2 their employees and subcontractors. 3 2.16 Protected Material: any Disclosure or Discovery Material that is designated 4 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES ONLY.” 5 2.17 Receiving Party: a Party that receives Disclosure or Discovery Material from 6 a Producing Party. 7 8 3. SCOPE 9 The protections conferred by this Stipulation and Order cover not only Protected 10 Material (as defined above), but also (1) any information copied or extracted from 11 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 12 Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel 13 that might reveal Protected Material. 14 Any use of Protected Material at trial shall be governed by the orders of the trial 15 judge. This Order does not govern the use of Protected Material at trial. 16 17 4. DURATION 18 FINAL DISPOSITION of the action is defined as the conclusion of any appellate 19 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run. Except 20 as set forth below, the terms of this protective order apply through FINAL DISPOSITION 21 of the action. The parties may stipulate that they will be contractually bound by the terms 22 of this agreement beyond FINAL DISPOSITION, but will have to file a separate action for 23 enforcement of the agreement once all proceedings in this case are complete. 24 Once a case proceeds to trial, information that was designated as CONFIDENTIAL 25 or maintained pursuant to this protective order used or introduced as an exhibit at trial 26 becomes public and will be presumptively available to all members of the public, including 27 the press, unless compelling reasons supported by specific factual findings to proceed 28 otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 7 Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 8 of 18 Page ID #:860

1 1180-81 (distinguishing “good cause” showing for sealing documents produced in 2 discovery from “compelling reasons” standard when merits-related documents are part of 3 court record). Accordingly, for such materials, the terms of this protective order do not 4 extend beyond the commencement of the trial. 5 6 5. DESIGNATING PROTECTED MATERIAL 7 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 8 Party or Non-Party that designates information or items for protection under this Order 9 must take care to limit any such designation to specific material that qualifies under the 10 appropriate standards. The Designating Party must designate for protection only those parts 11 of material, documents, items or oral or written communications that qualify so that other 12 portions of the material, documents, items or communications for which protection is not 13 warranted are not swept unjustifiably within the ambit of this Order. 14 Mass, indiscriminate or routinized designations are prohibited. Designations that are 15 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 16 unnecessarily encumber the case development process or to impose unnecessary expenses 17 and burdens on other parties) may expose the Designating 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 this 22 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 23 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 24 must be clearly so designated before the material is disclosed or produced. 25 Designation in conformity with this Order requires: 26 (a) for information in documentary form (e.g., paper or electronic documents, but 27 excluding transcripts of depositions or other pretrial or trial proceedings), that the 28 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or 8 Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 9 of 18 Page ID #:861

1 “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES ONLY” (hereinafter 2 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 3 portion of the material on a page qualifies for protection, the Producing Party also must 4 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 5 margins). 6 A Party or Non-Party that makes original documents available for inspection need 7 not designate them for protection until after the inspecting Party has indicated which 8 documents it would like copied and produced. During the inspection and before the 9 designation, all of the material made available for inspection shall be deemed 10 “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES ONLY.” After the inspecting Party 11 has identified the documents it wants copied and produced, the Producing Party must 12 determine which documents, or portions thereof, qualify for protection under this Order. 13 Then, before producing the specified documents, the Producing Party must affix the 14 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a portion 15 of the material on a page qualifies for protection, the Producing Party also must clearly 16 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 17 (b) for testimony given in depositions that the Designating Party identifies the 18 Disclosure or Discovery Material on the record, before the close of the deposition all 19 protected testimony. 20 (c) for information produced in some form other than documentary and for any other 21 tangible items, that the Producing Party affix in a prominent place on the exterior of the 22 container or containers in which the information is stored the legend “CONFIDENTIAL” 23 or “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES ONLY.” If only a portion or 24 portions of the information warrants protection, the Producing Party, to the extent 25 practicable, shall identify the protected portion(s). 26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 27 to designate qualified information or items does not, standing alone, waive the Designating 28 Party’s right to secure protection under this Order for such material. Upon timely correction 9 Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 10 of 18 Page ID #:862

1 of a designation, the Receiving Party must make reasonable efforts to assure that the 2 material is treated in accordance with the provisions of this Order. 3 4 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 6 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 7 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 8 process under Local Rule 37-1 et seq. 9 6.3 The burden of persuasion in any such challenge proceeding shall be on the 10 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to 11 harass or impose unnecessary expenses and burdens on other parties) may expose the 12 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the 13 confidentiality designation, all parties shall continue to afford the material in question the 14 level of protection to which it is entitled under the Producing Party’s designation until the 15 Court rules on the challenge. 16 17 7. ACCESS TO AND USE OF PROTECTED MATERIAL 18 7.1 Basic Principles. A Receiving Party may use Protected Material that is 19 disclosed or produced by another Party or by a Non-Party in connection with this Action 20 only for prosecuting, defending or attempting to settle this Action. Such Protected Material 21 may be disclosed only to the categories of persons and under the conditions described in 22 this Order. When the Action has been terminated, a Receiving Party must comply with the 23 provisions of section 13 below (FINAL DISPOSITION). 24 Protected Material must be stored and maintained by a Receiving Party at a location 25 and in a secure manner that ensures that access is limited to the persons authorized under 26 this Order. 27 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 28 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 10 Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 11 of 18 Page ID #:863

1 may disclose any information or item designated “CONFIDENTIAL” only to: 2 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 3 employees of said Outside Counsel of Record to whom it is reasonably necessary to 4 disclose the information for this Action; 5 (b) the officers, directors, and employees (including House Counsel) of the 6 Receiving Party to whom disclosure is reasonably necessary for this Action; 7 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure 8 is reasonably necessary for this Action and who have signed the “Acknowledgment and 9 Agreement to Be Bound” (Exhibit A); 10 (d) the court and its personnel; 11 (e) court reporters and their staff; 12 (f) professional jury or trial consultants, mock jurors, and Professional Vendors 13 to whom disclosure is reasonably necessary for this Action and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (g) the author or recipient of a document containing the information or a custodian 16 or other person who otherwise possessed or knew the information; 17 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action 18 to whom disclosure is reasonably necessary provided: (1) the deposing Party requests that 19 the witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted 20 to keep any confidential information unless they sign the “Acknowledgment and 21 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or 22 ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions 23 that reveal Protected Material may be separately bound by the court reporter and may not 24 be disclosed to anyone except as permitted under this Stipulated Protective Order; and 25 (i) any mediator or settlement officer, and their supporting personnel, mutually 26 agreed upon by any of the parties engaged in settlement discussions and who have signed 27 the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 28 7.3 Disclosure of “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES ONLY” 11 Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 12 of 18 Page ID #:864

1 Information or Items. Unless otherwise ordered by the court or permitted in writing by the 2 Designating Party, a Receiving Party may disclose any information or item designated 3 “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES ONLY” only to: 4 (a) the Receiving Party’s Outside Counsel of Record in this Action, provided that, 5 if any such Outside Counsel of Record withdraws from this action, he or she shall return 6 to the Designating Party any Protected Material designated as 7 “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES ONLY” without providing that 8 material to his or her client, and he or she shall provide a written certification that all copies 9 of that material have been destroyed; 10 (b) Experts (as defined in this Order) of the Receiving Party to whom disclosure 11 is reasonably necessary for this Action and who have signed the “Acknowledgment and 12 Agreement to Be Bound” (Exhibit A); 13 (c) the court and its personnel; 14 (d) court reporters and their staff; 15 (e) professional jury or trial consultants, mock jurors, and Professional Vendors 16 to whom disclosure is reasonably necessary for this Action and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (f) the author or recipient of a document containing the information or a custodian 19 or other person who otherwise possessed or knew the information; and 20 (g) any mediator or settlement officer, and their supporting personnel, mutually 21 agreed upon by any of the parties engaged in settlement discussions and who have signed 22 the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 23 24 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 25 OTHER LITIGATION 26 If a Party is served with a subpoena or a court order issued in other litigation that 27 compels disclosure of any information or items designated in this Action as 28 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES ONLY,” 12 Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 13 of 18 Page ID #:865

1 that Party must: 2 (a) promptly notify in writing the Designating Party. Such notification shall 3 include a copy of the subpoena or court order; 4 (b) promptly notify in writing the Party who caused the subpoena or order to issue 5 in the other litigation that some or all of the material covered by the subpoena or order is 6 subject to this 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 pursued by 9 the Designating Party whose Protected Material may be affected. 10 If the Designating Party timely seeks a protective order, the Party served with the 11 subpoena or court order shall not produce any information designated in this action as 12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES ONLY” 13 before a determination by the court from which the subpoena or order issued, unless the 14 Party has obtained the Designating Party’s permission. The Designating Party shall bear 15 the burden and expense of seeking protection in that court of its confidential material and 16 nothing 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 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 20 THIS LITIGATION 21 (a) The terms of this Order are applicable to information produced by a Non-Party 22 in this Action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL– 23 ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in connection 24 with this litigation is protected by the remedies and relief provided by this Order. Nothing 25 in these provisions should be construed as prohibiting a Non-Party from seeking additional 26 protections. 27 (b) In the event that a Party is required, by a valid discovery request, to produce 28 a Non-Party’s confidential information in its possession, and the Party is subject to an 13 Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 14 of 18 Page ID #:866

1 agreement with the Non-Party not to produce the Non-Party’s confidential information, 2 then the Party shall: 3 (1) promptly notify in writing the Requesting Party and the Non-Party that 4 some or all of the information requested is subject to a confidentiality agreement 5 with a Non-Party; 6 (2) promptly provide the Non-Party with a copy of the Stipulated 7 Protective Order in this Action, the relevant discovery request(s), and a reasonably 8 specific description of the information requested; and 9 (3) make the information requested available for inspection by the Non- 10 Party, if requested. 11 (c) If the Non-Party fails to seek a protective order from this court within 14 days 12 of receiving the notice and accompanying information, the Receiving Party may produce 13 the Non-Party’s confidential information responsive to the discovery request. If the Non- 14 Party timely seeks a protective order, the Receiving Party shall not produce any 15 information in its possession or control that is subject to the confidentiality agreement with 16 the Non-Party before a determination by the court. Absent a court order to the contrary, the 17 Non-Party shall bear the burden and expense of seeking protection in this court of its 18 Protected Material. 19 20 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 22 Protected Material to any person or in any circumstance not authorized under this 23 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the 24 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 25 unauthorized copies of the Protected Material, (c) inform the person or persons to whom 26 unauthorized disclosures were made of all the terms of this Order, and (d) request such 27 person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is 28 attached hereto as Exhibit A. 14 Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 15 of 18 Page ID #:867

1 2 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 3 PROTECTED MATERIAL 4 When a Producing Party gives notice to Receiving Parties that certain inadvertently 5 produced material is subject to a claim of privilege or other protection, the obligations of 6 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 7 This provision is not intended to modify whatever procedure may be established in an e- 8 discovery order that provides for production without prior privilege review. Pursuant to 9 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the 10 effect of disclosure of a communication or information covered by the attorney-client 11 privilege or work product protection, the parties may incorporate their agreement in the 12 stipulated protective order submitted to the court. 13 14 12. EXCEPTION FOR PUBLIC INFORMATION 15 Nothing in this Stipulation shall be deemed in any way to restrict the use of 16 documents or information which are lawfully obtained or publicly available to a Party 17 independent of discovery in this Action, whether or not the same material has been obtained 18 during the course of discovery in the Action and whether or not such documents or 19 information have been designated hereunder. Prior to the disclosure of any produced 20 material, the party seeking to disclose the material shall provide the other Party adequate 21 notice to permit court intervention to prevent such use or disclosure. A Party claiming that 22 produced material was either lawfully obtained or publicly available shall bear the burden 23 of proving independent acquisition prior to any disclosure. 24 25 13. MISCELLANEOUS 26 13.1 Right to Further Relief. Nothing in this Order abridges the right of any person 27 to seek its modification by the Court in the future. 28 15 Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 16 of 18 Page ID #:868

1 13.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 2 Order, no Party waives any right it otherwise would have to object to disclosing or 3 producing any information or item on any ground not addressed in this Stipulated 4 Protective Order. Similarly, no Party waives any right to object on any ground to use in 5 evidence of any of the material covered by this Protective Order. 6 13.3 Filing Protected Material. A Party that seeks to file under seal any Protected 7 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed 8 under seal pursuant to a court order authorizing the sealing of the specific Protected 9 Material at issue. If a Party’s request to file Protected Material under seal is denied by the 10 court, then the Receiving Party may file the information in the public record unless 11 otherwise instructed by the court. 12 13 14. FINAL DISPOSITION 14 Within 60 days after the final disposition of this Action, as defined in paragraph 4, 15 each Receiving Party must return all Protected Material to the Producing Party or destroy 16 such material. As used in this subdivision, “all Protected Material” includes all copies, 17 abstracts, compilations, summaries, and any other format reproducing or capturing any of 18 the Protected Material. Whether the Protected Material is returned or destroyed, the 19 Receiving Party must submit a written certification to the Producing Party (and, if not the 20 same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 21 (by category, where appropriate) all the Protected Material that was returned or destroyed 22 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 23 compilations, summaries or any other format reproducing or capturing any of the Protected 24 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of 25 all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 26 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 27 consultant and expert work product, even if such materials contain Protected Material. Any 28 such archival copies that contain or constitute Protected Material remain subject to this 16 Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page17of18 Page ID #:869

1 || Protective Order as set forth in Section 4 (DURATION). 3|)15. MIOQLATION 4 || Any violation of this Order may be punished by appropriate measures including, without 5 || limitation, contempt proceedings and/or monetary sanctions. 7\lIT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 9||DATED: June 8, 2022 Tucker Ellis LLP 10 By: _ /s/Steven FE. Lauridsen il David J. Steele Howard A. Kroll 12 Steven E. Lauridsen B Attorneys for Plaintiffs Coachella Music Festival, LLC 14 And Goldenvoice, LLC 15 16 || DATED: June 8, 2022 Kilpatrick Townsend & Stockton LLP 17 By: _ /s/Kollin J. Zimmermann 18 Christoper T. Varas Larry W. McFarland 19 Kollin J. Zimmermann 20 Attorneys for Defendant 51 Live Nation Entertainment, Inc.

22

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

23 24 23 ||DATED: June 9, 2022 6 HON-’GAIL J. STANDISH United States Magistrate Judge 27 28

17

Case 2:21-cv-09631-RGK-GJS Document 69 Filed 06/09/22 Page 18 of 18 Page ID #:870

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 that I 6 have read in its entirety and understand the Stipulated Protective Order that was issued by 7 the United States District Court for the Central District of California on [date] in the case 8 of Coachella Music Festival, LLC, et al. v. Live Nation Entertainment, Inc., et al., No. 9 2:17-cv-09631-RGK-GJSx. I agree to comply with and to be bound by all the terms of this 10 Stipulated Protective Order and I understand and acknowledge that failure to so comply 11 could expose me to sanctions and punishment in the nature of contempt. I solemnly promise 12 that I will not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance with the 14 provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective Order, 17 even if such enforcement proceedings occur after termination of this action. I hereby 18 appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and telephone 20 number] as my California agent for service of process in connection with this action or any 21 proceedings related to enforcement of this Stipulated Protective Order. 22 Date: ______________________________________ 23

24 City and State where sworn and signed: _________________________________

25 Printed name: _______________________________ 26 Signature: __________________________________ 27

28 18