Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 1 of 19 Page ID #:404

Robert M. Cohen (SBN 40134) Jared M. Katz (SBN 173388) 1 bob@bobcohenesq.com jkatz@mullenlaw.com 2 LAW OFFICES OF ROBERT M. MULLEN & HENGZELL L.L.P. 3 COHEN 112 East Victoria Street 301 North Canon Drive, Suite 300 Santa Barbara, CA 93101 4 Beverly Hills CA 90210 Telephone: (805) 966-1501 5 Telephone: (310) 277-1127 Facsimile: (805) 966-9204

6 Jason E. Luckasevic Gregory J. Scandaglia (pro hac vice) 7 jluckasevic@gpwlaw.com gscandaglia@scandagliaryan.com GOLDBERG, PERSKY & WHITE, Therese L. Tully (pro hac vice) 8 P.C. ttully@scandagliaryan.com 9 11 Stanwix Street, Suite 1800 Joseph R. Swee (pro hac vice) 10 Pittsburgh, PA 15222 jswee@scandagliaryan.com Telephone:(412) 471-3980 SCANDAGLIA RYAN LLP 11 Admitted Pro Hac Vice 55 East Monroe Street, Suite 3440 12 Chicago, IL 60603 William T. Gibbs Telephone: (312) 580-2020 13 wtg@corboydemetrio.com Facsimile: (312) 782-3806 14 CORBOY & DEMETRIO 33 North Dearborn Street, 21st Floor Attorneys for Defendant H. Ty Warner 15 Chicago, IL 60602 16 Telephone: (312) 346-3191 17 Admitted Pro Hac Vice

18 Attorneys for Plaintiff Kathryn Zimmie 19 20 UNITED STATES DISTRICT COURT 21 CENTRAL DISTRICT OF CALIFORNIA 22 KATHRYN ZIMMIE, Case No.: 2:21-cv-07853-AFM 23 Plaintiff,

STIPULATED PROTECTIVE

24 v.

ORDER

25

H. TY WARNER,

26 Judge: Hon. Alexander F. MacKinnon Defendant. 27

28 1 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 2 of 19 Page ID #:405

1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. 11 12 B. GOOD CAUSE STATEMENT 13 This action is likely to involve confidential or private personal information, 14 trade secrets, customer and pricing lists and other valuable research, development, 15 commercial, financial, technical and/or proprietary information for which special 16 protection from public disclosure and from use for any purpose other than 17 prosecution of this action is warranted. Such confidential and proprietary materials 18 and information consist of, among other things: confidential personal 19 information, including but not limited to medical information, tax information, and 20 personal identity information; confidential business or financial information; 21 information regarding confidential business practices, or other confidential 22 research, development, or commercial information (including information 23 implicating privacy rights of third parties); and information otherwise generally 24 unavailable to the public, or which may be privileged or otherwise protected from 25 disclosure under state or federal statutes, court rules, case decisions, or common 26 law. Accordingly, to expedite the flow of information, to facilitate the prompt 27 resolution of disputes over confidentiality of discovery materials, to adequately 28 2 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 3 of 19 Page ID #:406

1 protect information the parties are entitled to keep confidential, to ensure that the 2 parties are permitted reasonable necessary uses of such material in preparation for 3 and in the conduct of trial, to address their handling at the end of the litigation, and 4 serve the ends of justice, a protective order for such information is justified in this 5 matter. It is the intent of the parties that information will not be designated as 6 confidential for tactical reasons and that nothing be so designated without a good 7 faith belief that it has been maintained in a confidential, non-public manner, and 8 there is good cause why it should not be part of the public record of this case. 9 10 C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER 11 SEAL 12 The parties further acknowledge, as set forth in Section 12.3, below, that 13 this Stipulated Protective Order does not entitle them to file confidential 14 information under seal; Local Civil Rule 79-5 sets forth the procedures that must 15 be followed and the standards that will be applied when a party seeks permission 16 from the court to file material under seal. 17 There is a strong presumption that the public has a right of access to judicial 18 proceedings and records in civil cases. In connection with non-dispositive motions, 19 good cause must be shown to support a filing under seal. See Kamakana v. City and 20 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 21 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 22 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 23 require good cause showing), and a specific showing of good cause or compelling 24 reasons with proper evidentiary support and legal justification, must be made with 25 respect to Protected Material that a party seeks to file under seal. The parties’ mere 26 designation of Disclosure or Discovery Material as CONFIDENTIAL or 27 ATTORNEYS’ EYES ONLY does not—without the submission of competent 28 3 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 4 of 19 Page ID #:407

1 evidence by declaration, establishing that the material sought to be filed under seal 2 qualifies as confidential, privileged, or otherwise protectable—constitute good 3 cause. 4 Further, if a party requests sealing related to a dispositive motion or trial, 5 then compelling reasons, not only good cause, for the sealing must be shown, and 6 the relief sought shall be narrowly tailored to serve the specific interest to be 7 protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 8 2010). For each item or type of information, document, or thing sought to be filed 9 or introduced under seal in connection with a dispositive motion or trial, the party 10 seeking protection must articulate compelling reasons, supported by specific facts 11 and legal justification, for the requested sealing order. Again, competent evidence 12 supporting the application to file documents under seal must be provided by 13 declaration. 14 Any document that is not confidential, privileged, or otherwise protectable 15 in its entirety will not be filed under seal if the confidential portions can be redacted. 16 If documents can be redacted, then a redacted version for public viewing, omitting 17 only the confidential, privileged, or otherwise protectable portions of the document, 18 shall be filed. Any application that seeks to file documents under seal in their 19 entirety should include an explanation of why redaction is not feasible. 20 21 2. DEFINITIONS 22 2.1 Action: Zimmie v. Warner, Case No. 2:21-cv-07853-AFM. 23 2.2 Challenging Party: a Party or Non-Party that challenges the 24 designation of information or items under this Order. 25 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 26 how it is generated, stored or maintained) or tangible things that qualify for 27 28 4 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 5 of 19 Page ID #:408

1 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 2 the Good Cause Statement. 3 2.4 “ATTORNEYS’ EYES ONLY” Information or Items: 4 CONFIDENTIAL Information or Items that is of such a highly sensitive or 5 competitive nature that disclosure to those permitted to receive CONFIDENTIAL 6 Information or Items but not ATTORNEYS’ EYES ONLY Information or Items 7 would be likely to substantially invade the privacy rights of, cause competitive 8 harm to, or otherwise injure the producing party. 9 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 10 their support staff). 11 2.6 Designating Party: a Party or Non-Party that designates information 12 or items that it produces in disclosures or in responses to discovery as 13 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” 14 2.7 Disclosure or Discovery Material: all items or information, regardless 15 of the medium or manner in which it is generated, stored, or maintained (including, 16 among other things, testimony, transcripts, and tangible things) that are produced 17 or generated in disclosures or responses to discovery in this matter. 18 2.8 Expert: a person with specialized knowledge or experience in a matter 19 pertinent to the litigation who has been retained by a Party or its counsel to serve 20 as an expert witness or as a consultant in this Action. 21 2.9 House Counsel: attorneys who are employees of a party to this Action. 22 House Counsel does not include Outside Counsel of Record or any other outside 23 counsel. 24 2.10 Non-Party: any natural person, partnership, corporation, association 25 or other legal entity not named as a Party to this action. 26 2.11 Outside Counsel of Record: attorneys who are not employees of a 27 party to this Action but are retained to represent or advise a party to this Action and 28 5 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 6 of 19 Page ID #:409

1 have appeared in this Action on behalf of that party or are affiliated with a law firm 2 that has appeared on behalf of that party, and includes support staff. 3 2.12 Party: any party to this Action, including all of its officers, directors, 4 employees, consultants, retained experts, and Outside Counsel of Record (and their 5 support staffs). 6 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 7 Discovery Material in this Action. 8 2.14 Professional Vendors: persons or entities that provide litigation 9 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 10 demonstrations, and organizing, storing, or retrieving data in any form or medium) 11 and their employees and subcontractors. 12 2.15 Protected Material: any Disclosure or Discovery Material that is 13 designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” 14 2.16 Receiving Party: a Party that receives Disclosure or Discovery 15 Material from a Producing Party. 16 2.17 Notice of Designation: a notice that is provided by the Designating 17 Party within twenty-one (21) days of a deposition listing the portions of the 18 deposition transcript that must be maintained as “CONFIDENTIAL.” 19 20 3. SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or 23 extracted from Protected Material; (2) all copies, excerpts, summaries or 24 compilations of Protected Material; and (3) any testimony, conversations, or 25 presentations by Parties or their Counsel that might reveal Protected Material. 26 Any use of Protected Material at trial shall be governed by the orders of the 27 trial judge. This Order does not govern the use of Protected Material at trial. 28 6 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 7 of 19 Page ID #:410

1 4. DURATION 2 Once a case proceeds to trial, information that was 3 designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY or was 4 maintained pursuant to this protective order used or introduced as an exhibit at trial 5 becomes public and will be presumptively available to all members of the public, 6 including the press, unless compelling reasons supported by specific factual 7 findings to proceed otherwise are made to the trial judge in advance of the trial. See 8 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 9 documents produced in discovery from “compelling reasons” standard when 10 merits-related documents are part of court record). Accordingly, the terms of this 11 protective order do not extend beyond the commencement of the trial. 12 13 5. DESIGNATING PROTECTED MATERIAL 14 5.1 Exercise of Restraint and Care in Designating Material for Protection. 15 Each Party or Non-Party that designates information or items for protection 16 under this Order must take care to limit any such designation to specific material 17 that qualifies under the appropriate standards. The Designating Party must 18 designate for protection only those parts of material, documents, items or oral or 19 written communications that qualify so that other portions of the material, 20 documents, items or communications for which protection is not warranted are not 21 swept unjustifiably within the ambit of this Order. 22 Mass, indiscriminate or routinized designations are prohibited. Designations 23 that are shown to be clearly unjustified or that have been made for an improper 24 purpose (e.g., to unnecessarily encumber the case development process or to 25 impose unnecessary expenses and burdens on other parties) may expose the 26 Designating Party to sanctions. 27 28 7 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 8 of 19 Page ID #:411

1 If it comes to a Designating Party’s attention that information or items that 2 it designated for protection do not qualify for protection, that Designating Party 3 must promptly notify all other Parties that it is withdrawing the inapplicable 4 designation. 5 5.2 Manner and Timing of Designations. Except as otherwise provided in 6 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 7 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 8 under this Order must be clearly so designated before the material is disclosed or 9 produced. 10 Designation in conformity with this Order requires: 11 (a) for information in documentary form (e.g., paper or electronic 12 documents, but excluding transcripts of depositions or other pretrial or trial 13 proceedings), that the Producing Party affix at a minimum the legend 14 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” (hereinafter 15 “CONFIDENTIAL or ATTORNEYS’ EYES ONLY legend”), to each page that 16 contains protected material. If only a portion of the material on a page qualifies for 17 protection, the Producing Party also must clearly identify the protected portion(s) 18 (e.g., by making appropriate markings in the margins). 19 A Party or Non-Party that makes original documents available for inspection 20 need not designate them for protection until after the inspecting Party has indicated 21 which documents it would like copied and produced. During the inspection and 22 before the designation, all of the material made available for inspection shall be 23 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 24 documents it wants copied and produced, the Producing Party must determine 25 which documents, or portions thereof, qualify for protection under this Order. 26 Then, before producing the specified documents, the Producing Party must 27 affix the “CONFIDENTIAL or ATTORNEYS’ EYES ONLY legend” to each page 28 8 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 9 of 19 Page ID #:412

1 that contains Protected Material. If only a portion of the material on a page qualifies 2 for protection, the Producing Party also must clearly identify the protected 3 portion(s) (e.g., by making appropriate markings in the margins). 4 (b) for testimony given in depositions, unless all Parties agree otherwise on 5 the record at the time the deposition testimony is taken, 6 (1) for ATTORNEYS’ EYES ONLY Information or Items, the 7 Designating Party must identify all protected testimony on the record, before the 8 close of the deposition; 9 (2) all deposition testimony shall be treated as “CONFIDENTIAL” 10 for a period of twenty-one (21) days after the deposition. No later than the twenty- 11 first (21st) day after the deposition, a Designating Party may serve a Notice of 12 Designation to all Parties of record and the court reporter as to the specific pages 13 of the transcript that are designated “CONFIDENTIAL,” and thereafter only those 14 portions identified pursuant to Section 5.2(b)(1) or in the Notice of Designation 15 shall be protected by this Order. 16 The court reporter shall provide a final copy of the transcript that reflects 17 any designations of pages of the transcript as “CONFIDENTIAL” or 18 “ATTORNEYS’ EYES ONLY” in the lower left hand corner of each designated 19 page 20 (c) for information produced in some form other than documentary and for 21 any other tangible items, that the Producing Party affix in a prominent place on the 22 exterior of the container or containers in which the information is stored the legend 23 “CONFIDENTIAL” or “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 26 protected portion(s). 27 28 9 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 10 of 19 Page ID #:413

1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 failure to designate qualified information or items does not, standing alone, waive 3 the Designating Party’s right to secure protection under this Order for such 4 material. Upon timely correction of a designation, the Receiving Party must make 5 reasonable efforts to assure that the material is treated in accordance with the 6 provisions of this Order. 7 8 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 10 designation of confidentiality at any time that is consistent with the Court’s 11 Scheduling Order. 12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 13 resolution process under Local Rule 37-1 et seq. 14 6.3 Joint Stipulation: Any challenge submitted to the Court shall be via a 15 joint stipulation pursuant to Local Rule 37-2. 16 6.4 The burden of persuasion in any such challenge proceeding shall be 17 on the Designating Party. Frivolous challenges, and those made for an improper 18 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 19 parties) may expose the Challenging Party to sanctions. Unless the Designating 20 Party has waived or withdrawn the confidentiality designation, all parties shall 21 continue to afford the material in question the level of protection to which it is 22 entitled under the Producing Party’s designation until the Court rules on the 23 challenge. 24 25 7. ACCESS TO AND USE OF PROTECTED MATERIAL 26 7.1 Basic Principles. A Receiving Party may use Protected Material that 27 is disclosed or produced by another Party or by a Non-Party in connection with this 28 10 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 11 of 19 Page ID #:414

1 Action only for prosecuting, defending or attempting to settle this Action, including 2 any appeal thereof. Such Protected Material may be disclosed only to the categories 3 of persons and under the conditions described in this Order. When the Action 4 has been terminated, a Receiving Party must comply with the provisions of section 5 13 below (FINAL DISPOSITION). 6 Protected Material must be stored and maintained by a Receiving Party at a 7 location and in a secure manner that ensures that access is limited to the persons 8 authorized under this Order. 9 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 10 otherwise ordered by the court or permitted in writing by the Designating Party, a 11 Receiving Party may disclose any information or item designated 12 “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 14 as employees of said Outside Counsel of Record to whom it is reasonably necessary 15 to disclose the information for this Action; 16 (b) the officers, directors, and employees (including House Counsel) of the 17 Receiving Party to whom disclosure is reasonably necessary for this Action; 18 (c) Experts (as defined in this Order) of the Receiving Party to whom 19 disclosure is reasonably necessary for this Action and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (d) the court and its personnel; 22 (e) court reporters, court recorders, and their staff; 23 (f) professional jury or trial consultants, mock jurors, and Professional 24 Vendors to whom disclosure is reasonably necessary for this Action and who have 25 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (g) the author or recipient of a document containing the information or a 27 custodian or other person who otherwise possessed or knew the information; 28 11 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 12 of 19 Page ID #:415

1 (h) 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 A hereto; and (2) they 4 will 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. and 7 (i) any mediator or settlement officer, and their supporting personnel, 8 mutually agreed upon by any of the parties engaged in settlement discussions. 9 7.3 Disclosure of “ATTORNEYS’ EYES ONLY” Information or Items. 10 Unless otherwise ordered by the court or permitted in writing by the 11 Designating Party, a Receiving Party may disclose any information or item 12 designated “ATTORNEYS’ EYES ONLY” only to those listed in Section 7.2(a), 13 (c), (d), (e), (f), (g), and (h) as well as House Counsel. 14 With respect to documents and things marked ATTORNEYS’ EYES 15 ONLY, in which not all of the information in the document is ATTORNEYS’ 16 EYES ONLY, the Designating Party, upon request from the Receiving Party, is 17 required, to the extent reasonably possible, to provide to the Receiving Party a copy 18 of the document with the ATTORNEYS’ EYES ONLY Information or Items 19 redacted. If warranted under the applicable provisions of this Order, the 20 Designating Party may mark the redacted copy as CONFIDENTIAL. If the 21 redacted copy is so marked, it may only be used and viewed in accordance with the 22 terms and provisions of this Order. 23 24 25 26 27 28 12 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 13 of 19 Page ID #:416

1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” that Party must: 6 (a) promptly, and in no event more than five (5) court days after receiving 7 the subpoena or court order, notify in writing the Designating Party. Such 8 notification shall include a copy of the subpoena or court order; 9 (b) promptly notify in writing the party who caused the subpoena or order 10 to issue in the other litigation that some or all of the material covered by the 11 subpoena or order is subject to this Protective Order. Such notification shall include 12 a copy of this Stipulated Protective Order; and 13 (c) cooperate with respect to all reasonable procedures sought to be 14 pursued by the Designating Party whose Protected Material may be affected. 15 If the Designating Party timely seeks a protective order, the Party served 16 with the subpoena or court order shall not produce any information designated in 17 this action as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a 18 determination by the court from which the subpoena or order issued, unless the 19 Party has obtained the Designating Party’s permission. The Designating Party shall 20 bear the burden and expense of seeking protection in that court of its confidential 21 material and nothing in these provisions should be construed as authorizing or 22 encouraging a Receiving Party in this Action to disobey a lawful directive from 23 another court. 24 25 26 27 28 13 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 14 of 19 Page ID #:417

1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non- 4 Party in this Action and designated as “CONFIDENTIAL” or “ATTORNEYS’ 5 EYES ONLY.” Such information produced by Non-Parties in connection with this 6 litigation is protected by the remedies and relief provided by this Order. The 7 Parties, in conducting discovery from Non-Parties, shall attach a copy of this Order 8 to the subpoena or discovery served upon the Non-Parties from who discovery is 9 requested. Nothing in these provisions should be construed as prohibiting a Non- 10 Party from seeking additional protections. 11 (b) In the event that a Party is required, by a valid discovery request, to 12 produce a Non-Party’s confidential information in its possession, and the Party is 13 subject to an agreement with the Non-Party not to produce the Non-Party’s 14 confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the Non-Party 16 that some or all of the information requested is subject to a confidentiality 17 agreement with a Non-Party; 18 (2) promptly provide the Non-Party with a copy of the Stipulated 19 Protective Order in this Action, the relevant discovery request(s), and a reasonably 20 specific description of the information requested; and 21 (3) make the information requested available for inspection by the 22 Non-Party, if requested. 23 (c) If the Non-Party fails to seek a protective order from this court within 14 24 days of receiving the notice and accompanying information, the Receiving Party 25 may produce the Non-Party’s confidential information responsive to the discovery 26 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 27 not produce any information in its possession or control that is subject to the 28 14 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 15 of 19 Page ID #:418

1 confidentiality agreement with the Non-Party before a determination by the court. 2 Absent a court order to the contrary, the Non-Party shall bear the burden and 3 expense of seeking protection in this court of its Protected Material. 4 5 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 6 If a Receiving Party learns that, by inadvertence or otherwise, it has 7 disclosed Protected Material to any person or in any circumstance not authorized 8 under this Stipulated Protective Order, the Receiving Party must immediately (a) 9 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 10 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 11 the person or persons to whom unauthorized disclosures were made of all the terms 12 of this Order, and (d) request such person or persons to execute the 13 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 14 A. 15 16 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 17 PROTECTED MATERIAL 18 When a Producing Party gives notice to Receiving Parties that certain 19 inadvertently produced material is subject to a claim of privilege or other 20 protection, the obligations of the Receiving Parties are those set forth in Federal 21 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 22 whatever procedure may be established in an e-discovery order that provides for 23 production without prior privilege review. Pursuant to Federal Rule of Evidence 24 502(d) and (e), the Parties have reached an agreement on the effect of disclosure of 25 a communication or information covered by the attorney-client privilege or work 26 product protection, and the Parties hereby incorporate their agreement in the 27 28 15 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 16 of 19 Page ID #:419

1 stipulated protective order submitted to the court pursuant to Rule 502(d) and this 2 Order. 3 4 12. MISCELLANEOUS 5 12.1 Right to Further Relief. Nothing in this Order abridges the right of 6 any person to seek its modification by the Court in the future. 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 10 this Stipulated Protective Order. Similarly, no Party waives any right to object on 11 any ground to use in evidence of any of the material covered by this Protective 12 Order. 13 12.3 Filing Protected Material. A Party that seeks to file under seal any 14 Protected Material must comply with Local Civil Rule 79-5. Protected Material 15 may only be filed under seal pursuant to a court order authorizing the sealing of the 16 specific Protected Material at issue. If a Party’s request to file Protected Material 17 under seal is denied by the court, then the Receiving Party may file the information 18 in the public record unless otherwise instructed by the court. 19 20 13. FINAL DISPOSITION 21 After the final disposition of this Action, as defined in paragraph 4, within 22 60 days of a written request by the Designating Party, each Receiving Party must 23 return all Protected Material to the Producing Party or destroy such material. As 24 used in this subdivision, “all Protected Material” includes all copies, abstracts, 25 compilations, summaries, and any other format reproducing or capturing any of the 26 Protected Material. Whether the Protected Material is returned or destroyed, the 27 Receiving Party must submit a written certification to the Producing Party (and, if 28 16 Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 17 of 19 Page ID #:420

1 not the same person or entity, to the Designating Party) by the 60 day deadline that 2 (1) identifies (by category, where appropriate) all the Protected Material that was 3 returned or destroyed and (2) affirms that the Receiving Party has not retained any 4 copies, abstracts, compilations, summaries or any other format reproducing or 5 capturing any of the Protected Material. Notwithstanding this provision, Counsel 6 are entitled to retain an archival copy of all pleadings, motion papers, trial, 7 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 8 and trial exhibits, expert reports, attorney work product, and consultant and expert 9 work product, even if such materials contain Protected Material. Any such 10 archival copies that contain or constitute Protected Material remain subject to this 11 Protective Order as set forth in Section 4 (DURATION). 12 13 14. VIOLATION 14 Any violation of this Order may be punished by appropriate measures 15 including, without limitation, contempt proceedings and/or monetary sanctions. 16 17 18 19 20 21 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 22 23 DATED: June 9, 2022 24 25 /s/ William T. Gibbs 26 Attorneys for Plaintiff 27 28 17 ase 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 18o0f19 Page ID #:42

1 □□ DATED: June 9, 2022 3 ||/s/ Therese L. Tully 4 || Attorneys for Defendant 6 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED 8 ||DATED: 6/14/2022 10 I (Wy 12 13 |} HON. ALEXANDER F. MacKINNON 14 || United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18

Case 2:21-cv-07853-AFM Document 65 Filed 06/14/22 Page 19 of 19 Page ID #:422

1 EXHIBIT A 2 ACKOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 4 I, ________________________________ [print or type full name], of 5 _____________________________ [print or type full address], declare under 6 penalty of perjury that I have read in its entirety and understand the Stipulated 7 Protective Order that was issued by the United States District Court for the Central 8 District of California on _____________ [print or type date] in the case of Kathryn 9 Zimmie v. H. Ty Warner, Case No. 2:21-cv-07853-AFM. I agree to comply with 10 and to be bound by all the terms of this Stipulated Protective Order and I understand 11 and acknowledge that failure to so comply could expose me to sanctions and 12 punishment in the nature of contempt. I solemnly promise that I will not disclose 13 in any manner any information or item that is subject to this Stipulated Protective 14 Order to any person or entity except in strict compliance with the provisions of this 15 Order. I further agree to submit to the jurisdiction of the United States District 16 Court for the Central District of California for enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of 18 this action. I hereby 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 21 or any proceedings related to enforcement of this Stipulated Protective Order. 22 Date: ________________________________ 23 City and State where sworn and signed: __________________________________ 24 25 Printed name: _____________________________ 26 27 Signature: ________________________________ 28 19