Case 2:22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 1 of 16 Page ID #:91

1

2

3

4

5

6

7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

COLORTIME PICTURES, INC.,

11 Case No. 2:22-cv-01535-SVW-GJS Plaintiff, 12

v. STIPULATED PROTECTIVE 13

ORDER1

COLORTIME, LLC, a California 14 Limited Liability Company; DOES 1-10, Inclusive, 15 16 Defendants.

17 18 1. A. 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 prosecuting this litigation may 22 be 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 27 28 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Gail J. Standish’s Procedures. 117909882.1 Case 2:22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 2 of 16 Page ID #:92

1 only to the limited information or items that are entitled to confidential treatment 2 under the applicable legal principles. 3 B. GOOD CAUSE STATEMENT 4 This action is likely to involve trade secrets, customer and pricing lists and 5 other valuable research, development, commercial, financial, technical and/or 6 proprietary information for which special protection from public disclosure and 7 from use for any purpose other than prosecution of this action is warranted. Such 8 confidential and proprietary materials and information consist of, among other 9 things, confidential business or financial information, information regarding 10 confidential business practices, or other confidential research, development, or 11 commercial information (including information implicating privacy rights of third 12 parties), information otherwise generally unavailable to the public, or which may be 13 privileged or otherwise protected from disclosure under state or federal statutes, 14 court rules, case decisions, or common law. Accordingly, to expedite the flow of 15 information, to facilitate the prompt resolution of disputes over confidentiality of 16 discovery materials, to adequately protect information the parties are entitled to keep 17 confidential, to ensure that the parties are permitted reasonable necessary uses of 18 such material in preparation for and in the conduct of trial, to address their handling 19 at the end of the litigation, and serve the ends of justice, a protective order for such 20 information is justified in this matter. It is the intent of the parties that information 21 will not be designated as confidential for tactical reasons and that nothing be so 22 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 24 record 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 Protected Material under 28 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 2 Case 2:22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 3 of 16 Page ID #:93

1 standards that will be applied when a party seeks permission from the court to file 2 material 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, 5 good cause must be shown to support a filing under seal. See Kamakana v. City and 6 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 7 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 8 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 9 require good cause showing), and a specific showing of good cause or compelling 10 reasons with proper evidentiary support and legal justification, must be made with 11 respect to Protected Material that a party seeks to file under seal. The parties’ mere 12 designation of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY 13 CONFIDENTIAL—ATTORNEYS’ EYES ONLY does not—without the 14 submission of competent evidence by declaration, establishing that the material 15 sought to be filed under seal qualifies as confidential, privileged, or otherwise 16 protectable—constitute good cause. 17 Further, if a party requests sealing related to a dispositive motion or trial, then 18 compelling reasons, not only good cause, for the sealing must be shown, and the 19 relief sought shall be narrowly tailored to serve the specific interest to be protected. 20 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 21 each item or type of information, document, or thing sought to be filed or introduced 22 under seal in connection with a dispositive motion or trial, the party seeking 23 protection must articulate compelling reasons, supported by specific facts and legal 24 justification, for the requested sealing order. Again, competent evidence supporting 25 the application to file documents under seal must be provided by declaration. 26 Any document that is not confidential, privileged, or otherwise protectable in 27 its entirety will not be filed under seal if the portions of the Protected Material can 28 be redacted. If documents can be redacted, then a redacted version for public 3 Case 2:22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 4 of 16 Page ID #:94

1 viewing, omitting only the confidential, privileged, or otherwise protectable portions 2 of the document, shall be filed. Any application that seeks to file documents under 3 seal in their entirety should include an explanation of why redaction is not feasible. 4 2. DEFINITIONS 5 2.1 Action: this pending federal lawsuit. 6 2.2 Challenging Party: a Party or Non-Party that challenges the 7 designation of information or items under this Order. 8 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 9 how it is generated, stored or maintained) or tangible things that qualify for 10 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 11 the Good Cause Statement. 12 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 13 Information or Items: extremely confidential and/or sensitive “CONFIDENTIAL 14 Information or Items,” disclosure of which to another Party or Non-Party is likely to 15 cause harm or significant competitive disadvantage to the Producing Party. 16 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 17 their support staff). 18 2.6 Designating Party: a Party or Non-Party that designates information or 19 items that it produces in disclosures or in responses to discovery as 20 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 21 ONLY.” 22 2.7 Disclosure or Discovery Material: all items or information, regardless 23 of the medium or manner in which it is generated, stored, or maintained (including, 24 among other things, testimony, transcripts, and tangible things), that are produced or 25 generated in disclosures or responses to discovery in this matter. 26 2.8 Expert: a person with specialized knowledge or experience in a matter 27 pertinent to the litigation who has been retained by a Party or its counsel to serve as 28 an expert witness or as a consultant in this Action. 4 Case 2:22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 5 of 16 Page ID #:95

1 2.9 House Counsel: attorneys who are employees of a party to this Action. 2 House Counsel does not include Outside Counsel of Record or any other outside 3 counsel. 4 2.10 Non-Party: any natural person, partnership, corporation, association or 5 other legal entity not named as a Party to this action. 6 2.11 Outside Counsel of Record: attorneys who are not employees of a 7 party to this Action but are retained to represent or advise a party to this Action and 8 have appeared in this Action on behalf of that party or are affiliated with a law firm 9 that has appeared on behalf of that party, and includes support staff. 10 2.12 Party: any party to this Action, including all of its officers, directors, 11 employees, consultants, retained experts, and Outside Counsel of Record (and their 12 support staffs). 13 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 14 Discovery Material in this Action. 15 2.14 Professional Vendors: persons or entities that provide litigation 16 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 17 demonstrations, and organizing, storing, or retrieving data in any form or medium) 18 and their employees and subcontractors. 19 2.15 Protected Material: any Disclosure or Discovery Material that is 20 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 21 ATTORNEYS’ EYES ONLY.” 22 2.16 Receiving Party: a Party that receives Disclosure or Discovery 23 Material from a Producing Party. 3. SCOPE 24 The protections conferred by this Stipulation and Order cover not only 25 Protected Material (as defined above), but also (1) any information copied or 26 extracted from Protected Material; (2) all copies, excerpts, summaries, or 27 28 5 Case 2:22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 6 of 16 Page ID #:96

1 compilations of Protected Material; and (3) any testimony, conversations, or 2 presentations by Parties or their Counsel that might reveal Protected Material. 3 Any use of Protected Material at trial shall be governed by the orders of the 4 trial judge. This Order does not govern the use of Protected Material at trial. 5 4. DURATION 6 FINAL DISPOSITION of the action is defined as the conclusion of any 7 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 8 has run. Except as set forth below, the terms of this protective order apply through 9 FINAL DISPOSITION of the action. The parties may stipulate that they will be 10 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 11 but will have to file a separate action for enforcement of the agreement once all 12 proceedings in this case are complete. 13 Once a case proceeds to trial, information that was designated as 14 CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY 15 or maintained pursuant to this protective order used or introduced as an exhibit at 16 trial becomes public and will be presumptively available to all members of the 17 public, including the press, unless compelling reasons supported by specific factual 18 findings to proceed otherwise are made to the trial judge in advance of the trial. See 19 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 20 documents produced in discovery from “compelling reasons” standard when merits- 21 related documents are part of court record). Accordingly, for such materials, the 22 terms of this protective order do not extend beyond the commencement of the trial. 23 5. DESIGNATING PROTECTED MATERIAL 24 5.1 Exercise of Restraint and Care in Designating Material for Protection. 25 Each Party or Non-Party that designates information or items for protection under 26 this Order must take care to limit any such designation to specific material that 27 qualifies under the appropriate standards. The Designating Party must designate for 28 protection only those parts of material, documents, items or oral or written 6 Case 2:22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 7 of 16 Page ID #:97

1 communications that qualify so that other portions of the material, documents, items 2 or communications for which protection is not warranted are not swept unjustifiably 3 within the ambit of this Order. 4 Mass, indiscriminate or routinized designations are prohibited. Designations 5 that are shown to be clearly unjustified or that have been made for an improper 6 purpose (e.g., to unnecessarily encumber the case development process or to impose 7 unnecessary expenses and burdens on other parties) may expose the Designating 8 Party to sanctions. 9 If it comes to a Designating Party’s attention that information or items that it 10 designated for protection do not qualify for protection, that Designating Party must 11 promptly notify all other Parties that it is withdrawing the inapplicable designation. 12 5.2 Manner and Timing of Designations. Except as otherwise provided in 13 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 14 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 15 under this Order must be clearly so designated before the material is disclosed or 16 produced. 17 Designation in conformity with this Order requires: 18 (a) for information in documentary form (e.g., paper or electronic documents, 19 but excluding transcripts of depositions or other pretrial or trial proceedings), that 20 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 21 “CONFIDENTIAL legend”), or the legend “HIGHLY CONFIDENTIAL – 22 ATTORNEYS’ EYES ONLY” (hereinafter HIGHLY CONFIDENTIAL – 23 ATTORNEYS’ EYES ONLY legend”) to each page that contains protected 24 material. If only a portion of the material on a page qualifies for protection, the 25 Producing Party also must clearly identify the protected portion(s) (e.g., by making 26 appropriate markings in the margins). 27 A Party or Non-Party that makes original documents available for inspection 28 need not designate them for protection until after the inspecting Party has indicated 7 Case 2:22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 8 of 16 Page ID #:98

1 which documents it would like copied and produced. During the inspection and 2 before the designation, all of the material made available for inspection shall be 3 deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the 4 inspecting Party has identified the documents it wants copied and produced, the 5 Producing Party must determine which documents, or portions thereof, qualify for 6 protection under this Order. Then, before producing the specified documents, the 7 Producing Party must affix the appropriate legend to each page that contains 8 Protected Material. If only a portion of the material on a page qualifies for 9 protection, the Producing Party also must clearly identify the protected portion(s) 10 (e.g., by making appropriate markings in the margins). 11 (b) for testimony given in depositions, all such testimony shall be deemed 12 Confidential pursuant to the terms hereof at the start of each deposition. When the 13 transcript of any such deposition is first received, the Party receiving it shall notify 14 the other Party without delay and provide the testimony, and each Party shall have 15 three (3) court days thereafter to apply the appropriate confidentiality designation to 16 certain testimony appearing in the deposition record. As to any testimony not so 17 designated within three (3) court days after the second party receives the testimony, 18 it shall lose its confidential status and be deemed public. 19 (c) for information produced in some form other than documentary and 20 for any other tangible items, that the Producing Party affix in a prominent place on 21 the exterior of the container or containers in which the information is stored the 22 appropriate legend. If only a portion or portions of the information warrants 23 protection, the Producing Party, to the extent practicable, shall identify the protected 24 portion(s). 25 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 26 failure to designate qualified information or items does not, standing alone, waive 27 the Designating Party’s right to secure protection under this Order for such material. 28 Upon timely correction of a designation, the Receiving Party must make reasonable 8 Case 2:22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 9 of 16 Page ID #:99

1 efforts to assure that the material is treated in accordance with the provisions of this 2 Order. 3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 5 designation of confidentiality at any time that is consistent with the Court’s 6 Scheduling Order. 7 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 8 resolution process under Local Rule 37.1 et seq. 9 6.3 The burden of persuasion in any such challenge proceeding shall be on 10 the Designating Party. Frivolous challenges, and those made for an improper 11 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 12 parties) may expose the Challenging Party to sanctions. Unless the Designating 13 Party has waived or withdrawn the confidentiality designation, all parties shall 14 continue to afford the material in question the level of protection to which it is 15 entitled under the Producing Party’s designation until the Court rules on the 16 challenge. 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 20 Action only for prosecuting, defending or attempting to settle this Action. Such 21 Protected Material may be disclosed only to the categories of persons and under the 22 conditions described in this Order. When the Action has been terminated, a 23 Receiving Party must comply with the provisions of section 13 below 24 (FINAL DISPOSITION). 25 Protected Material must be stored and maintained by a Receiving Party at a 26 location and in a secure manner that ensures that access is limited to the persons 27 authorized under this Order. 28 9 Case 2:22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 10 of 16 Page ID #:100

1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 2 otherwise ordered by the court or permitted in writing by the Designating Party, a 3 Receiving Party may disclose any information or item designated 4 “CONFIDENTIAL” only to: 5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 6 well as employees of said Outside Counsel of Record to whom it is reasonably 7 necessary to disclose the information for this Action; 8 (b) the officers, directors, and employees (including House Counsel) of 9 the Receiving Party to whom disclosure is reasonably necessary for this Action; 10 (c) Experts (as defined in this Order) of the Receiving Party to whom 11 disclosure is reasonably necessary for this Action and who have signed the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (d) the court and its personnel; 14 (e) court reporters and their staff; 15 (f) professional jury or trial consultants, mock jurors, and Professional 16 Vendors to whom disclosure is reasonably necessary for this Action and who have 17 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (g) the author or recipient of a document containing the information or a 19 custodian or other person who otherwise possessed or knew the information; 20 (h) during their depositions, witnesses, and attorneys for witnesses, in the 21 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 22 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 23 not be permitted to keep any confidential information unless they sign the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 25 agreed by the Designating Party or ordered by the court. Pages of transcribed 26 deposition testimony or exhibits to depositions that reveal Protected Material may 27 be separately bound by the court reporter and may not be disclosed to anyone except 28 as permitted under this Stipulated Protective Order; and 10 Case 2:22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 11 of 16 Page ID #:101

1 (i) any mediator or settlement officer, and their supporting personnel, 2 mutually agreed upon by any of the parties engaged in settlement discussions. 3 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 4 ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in 5 writing by the Designating Party, a Receiving Party may disclose any information or 6 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to 7 only the individuals identified in Paragraphs 7.2 (a), (c)-(g), and (i) who are not 8 competitive decision-makers of a Party. 9 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 10 IN OTHER LITIGATION 11 If a Party is served with a subpoena or a court order issued in other litigation 12 that compels disclosure of any information or items designated in this Action as 13 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 14 ONLY” that Party must: 15 (a) promptly notify in writing the Designating Party. Such notification 16 shall include a copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the subpoena or order 18 to issue in the other litigation that some or all of the material covered by the 19 subpoena or order is subject to this Protective Order. Such notification shall include 20 a copy of this Stipulated Protective Order; and 21 (c) cooperate with respect to all reasonable procedures sought to be 22 pursued by the Designating Party whose Protected Material may be affected. If the 23 Designating Party timely seeks a protective order, the Party served with the 24 subpoena or court order shall not produce any information designated in this action 25 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 26 ONLY” before a determination by the court from which the subpoena or order 27 issued, unless the Party has obtained the Designating Party’s permission. 28 The Designating Party shall bear the burden and expense of seeking protection in 11 Case 2:22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 12 of 16 Page ID #:102

1 that court of its confidential material and nothing in these provisions should be 2 construed as authorizing or encouraging a Receiving Party in this Action to disobey 3 a lawful directive from another court. 4 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 5 PRODUCED IN THIS LITIGATION 6 (a) The terms of this Order are applicable to information produced by a Non- 7 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 8 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by 9 Non-Parties in connection with this litigation is protected by the remedies and relief 10 provided by this Order. Nothing in these provisions should be construed as 11 prohibiting a Non-Party from seeking additional protections. 12 (b) In the event that a Party is required, by a valid discovery request, to 13 produce a Non-Party’s “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 14 ATTORNEYS’ EYES ONLY” information in its possession, and the Party is 15 subject to an agreement with the Non-Party not to produce the Non-Party’s 16 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 17 ONLY” information, then the Party shall: 18 (1) promptly notify in writing the Requesting Party and the Non-Party 19 that some or all of the information requested is subject to a confidentiality 20 agreement with a Non-Party; 21 (2) promptly provide the Non-Party with a copy of the Stipulated 22 Protective Order in this Action, the relevant discovery request(s), and a reasonably 23 specific description of the information requested; and 24 (3) make the information requested available for inspection by the 25 Non-Party, if requested. 26 (c) If the Non-Party fails to seek a protective order from this court within 27 14 days of receiving the notice and accompanying information, the Receiving Party 28 may produce the Non-Party’s “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 12 Case 2:22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 13 of 16 Page ID #:103

1 – ATTORNEYS’ EYES ONLY” information responsive to the discovery request. 2 If the Non-Party timely seeks a protective order, the Receiving Party shall not 3 produce any information in its possession or control that is subject to the 4 confidentiality agreement with the Non-Party before a determination by the court. 5 Absent a court order to the contrary, the Non-Party shall bear the burden and 6 expense of seeking protection in this court of its Protected Material. 7 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 8 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 9 Protected Material to any person or in any circumstance not authorized under this 10 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 11 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 12 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 13 persons to whom unauthorized disclosures were made of all the terms of this Order, 14 and (d) request such person or persons to execute the “Acknowledgment and 15 Agreement to Be Bound” that is attached hereto as Exhibit A. 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 protection, 20 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 21 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 22 procedure may be established in an e-discovery order that provides for production 23 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 24 (e), insofar as the parties reach an agreement on the effect of disclosure of a 25 communication or information covered by the attorney-client privilege or work 26 product protection, the parties may incorporate their agreement in the stipulated 27 protective order submitted to the court. 28 13 Case 2:22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 14 of 16 Page ID #:104

1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 3 person to seek its modification by the Court in the future. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order, no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in this 7 Stipulated Protective Order. Similarly, no Party waives any right to object on any 8 ground to use in evidence of any of the material covered by this Protective Order. 9 12.3 Filing Protected Material. A Party that seeks to file under seal any 10 Protected Material must comply with Local Civil Rule 79-5. Protected Material 11 may only be filed under seal pursuant to a court order authorizing the sealing of the 12 specific Protected Material at issue. If a Party’s request to file Protected Material 13 under seal is denied by the court, then the Receiving Party may file the information 14 in the public record unless otherwise instructed by the court. 15 13. FINAL DISPOSITION 16 After the final disposition of this Action, as defined in paragraph 4, within 60 17 days of a written request by the Designating Party, each Receiving Party must return 18 all Protected Material to the Producing Party or destroy such material. As used in 19 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 20 summaries, and any other format reproducing or capturing any of the Protected 21 Material. Whether the Protected Material is returned or destroyed, the Receiving 22 Party must submit a written certification to the Producing Party (and, if not the same 23 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 24 (by category, where appropriate) all the Protected Material that was returned or 25 destroyed and (2) affirms that the Receiving Party has not retained any copies, 26 abstracts, compilations, summaries or any other format reproducing or capturing any 27 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 28 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 14 Case 4/22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 15o0f16 Page ID #:105

1 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 2 || reports, attorney work product, and consultant and expert work product, even if such 3 || materials contain Protected Material. Any such archival copies that contain or 4 || constitute Protected Material remain subject to this Protective Order as set forth in 5 || Section 4 (DURATION). 6 || 14. VIOLATION 7 || Any violation of this Order may be punished by appropriate measures including, 8 || without limitation, contempt proceedings and/or monetary sanctions. 9 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 11 12 || DATED: June 23, 2022 /s/ Paul N. Philips, Esq. 13 Attorneys for Plainift 14 15 |} DATED: June 23, 2022 /s/ Warren Bleeker, Esq. 16 Attorneys for Defendant 17 18 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19 20 || DATED: __ June 29, 2022 21 77 22 23 || United States Magistrate Judge 24 25 26 27 28 15

Case 2:22-cv-01535-SVW-GJS Document 22 Filed 06/29/22 Page 16 of 16 Page ID #:106

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on [date] in the case of ___________ COLORTIME PICTURES, INC. v. 8 COLORTIME, LLC, et al., Case No. 2:22-cv-01535-SVW-GJS . I agree to comply 9 with and to be bound by all the terms of this Stipulated Protective Order and I 10 understand and acknowledge that failure to so comply could expose me to sanctions 11 and punishment in the nature of contempt. I solemnly promise that I will not 12 disclose in any manner any information or item that is subject to this Stipulated 13 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 17 Order, 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 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________ 16