Case 2:20-cv-10515-JVS-AFM Document 201 Filed 08/12/22 Page 1 of 22 Page ID #:9941

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7 UNITED STATES DISTRICT COURT

8 CENTRAL DISTRICT OF CALIFORNIA

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10 WIXEN MUSIC PUBLISHING, INC., Case No. 2:20-cv-10515-JVS-AFM

11 Plaintiff,

12 v. AMENDED STIPULATED

13 PROTECTIVE ORDER1 TRILLER, INC., a Delaware 14 corporation; and TRILLER, LLC, a 15 limited liability company,

16 Defendant.

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19 1. A. PURPOSES AND LIMITATIONS

20 Discovery in this action is likely to involve production of confidential,

21 proprietary or private information for which special protection from public

22 disclosure and from use for any purpose other than prosecuting this litigation may

23 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

24 enter the following Stipulated Protective Order. The parties acknowledge that this

25 Order does not confer blanket protections on all disclosures or responses to

26 discovery and that the protection it affords from public disclosure and use extends

27 1 This Stipulated Protective Order is based substantially on the model protective 28 order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures.

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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, user / consumer data, revenue

5 information, and other valuable research, development, commercial, financial,

6 technical and/or proprietary information for which special protection from public

7 disclosure and from use for any purpose other than prosecution of this action is

8 warranted. Such confidential and proprietary materials and information consist of,

9 among other things, confidential business or financial information, information

10 regarding confidential business practices, or other confidential research,

11 development, or commercial information (including information implicating privacy

12 rights of third parties), information otherwise generally unavailable to the public, or

13 which may be privileged or otherwise protected from disclosure under state or

14 federal statutes, court rules, case decisions, or common law. Accordingly, to

15 expedite the flow of information, to facilitate the prompt resolution of disputes over

16 confidentiality of discovery materials, to adequately protect information the parties

17 are entitled to keep confidential, to ensure that the parties are permitted reasonable

18 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

20 protective order for such information is justified in this matter. It is the intent of the

21 parties that information will not be designated as confidential for tactical reasons

22 and that nothing be so designated without a good faith belief that it has been

23 maintained in a confidential, non-public manner, and there is good cause why it

24 should not be part of the public record of this case.

25 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

26 SEAL

27 The parties further acknowledge, as set forth in Section 12.3, below, that this

28 Stipulated Protective Order does not entitle them to file confidential information

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1 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

2 and the standards that will be applied when a party seeks permission from the court

3 to file material under seal.

4 There is a strong presumption that the public has a right of access to judicial

5 proceedings and records in civil cases. In connection with non-dispositive motions,

6 good cause must be shown to support a filing under seal. See Kamakana v. City and

7 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

8 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

9 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require

10 good cause showing), and a specific showing of good cause or compelling reasons

11 with proper evidentiary support and legal justification, must be made with respect to

12 Protected Material that a party seeks to file under seal. The parties’ mere designation

13 of Disclosure or Discovery Material as CONFIDENTIAL 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 confidential portions can be redacted.

28 If documents can be redacted, then a redacted version for public viewing, omitting

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1 only the confidential, privileged, or otherwise protectable portions of the document,

2 shall be filed. Any application that seeks to file documents under seal in their

3 entirety should include an explanation of why redaction is not feasible.

4 2. DEFINITIONS

5 2.1 Action: Wixen Music Publishing, Inc. v. Triller, Inc., No. 2:20-cv-

6 10515-JVS-AFM, pending in the United States District Court of the Central District

7 of California.

8 2.2 Challenging Party: a Party or Non-Party that challenges the designation

9 of information or items under this Order.

10 2.3

11 (a) “CONFIDENTIAL” Information or Items: information

12 (regardless of how it is generated, stored or maintained) or tangible things that

13 qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified

14 above in the Good Cause Statement.

15 (b) “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

16 Information or Items: information that qualifies as “CONFIDENTIAL” information

17 under 2.3 above, that also constitutes information that is extremely confidential

18 and/or sensitive in nature, the disclosure of which to another Party or Non-Party

19 would create a substantial risk of serious harm and/or irreparable injury that could

20 not be avoided by less restrictive means.

21 (c) “ CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY”

22 Information or Items: information that qualifies as “CONFIDENTIAL” and

23 “CONFIDENTIAL – ATTORNEY’S EYES ONLY” information under 2.3(a) and

24 (b) above, and that also constitutes highly sensitive, competitive information of one

25 or more third parties, the disclosure of which to a Party or Non-Party would create a

26 substantial risk of serious harm and/or irreparable injury to the third party or parties

27 that could not be avoided by less restrictive means.

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1 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

2 their support staff).

3 2.5 Designating Party: a Party or Non-Party that designates information or

4 items that it produces in disclosures or in responses to discovery as

5 “CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or

6 “CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY.”

7 2.6 Disclosure or Discovery Material: all items or information, regardless

8 of the medium or manner in which it is generated, stored, or maintained (including,

9 among other things, testimony, transcripts, and tangible things), that are produced or

10 generated in disclosures or responses to discovery in this matter.

11 2.7 Expert: a person with specialized knowledge or experience in a matter

12 pertinent to the litigation who has been retained by a Party or its counsel to serve as

13 an expert witness or as a consultant in this Action.

14 2.8 House Counsel: attorneys who are employees of a party to this Action.

15 House Counsel does not include Outside Counsel of Record or any other outside

16 counsel.

17 2.9 Non-Party: any natural person, partnership, corporation, association or

18 other legal entity not named as a Party to this action.

19 2.10 Outside Counsel of Record: attorneys who are not employees of a party

20 to this Action but are retained to represent or advise a party to this Action and have

21 appeared in this Action on behalf of that party or are affiliated with a law firm that

22 has appeared on behalf of that party, and includes support staff.

23 2.11 Outside Trial Counsel: attorneys and those affiliated with the law firms

24 of Donahue Fitzgerald LLP, counsel of record for Plaintiff, and Latham & Watkins

25 LLP, counsel of record for Defendant.

26 2.12 Party: any party to this Action, including all of its officers, directors,

27 employees, consultants, retained experts, and Outside Counsel of Record (and their

28 support staffs).

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1 2.13 Producing Party: a Party or Non-Party that produces Disclosure or

2 Discovery Material in this Action.

3 2.14 Professional Vendors: persons or entities that provide litigation support

4 services (e.g., photocopying, videotaping, translating, preparing exhibits or

5 demonstrations, and organizing, storing, or retrieving data in any form or medium)

6 and their employees and subcontractors.

7 2.15 Protected Material: any Disclosure or Discovery Material that is

8 designated as “CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES

9 ONLY,” or “CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY.”

10 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material

11 from a Producing Party.

12 3. SCOPE

13 The protections conferred by this Stipulation and Order cover not only

14 Protected Material (as defined above), but also (1) any information copied or

15 extracted from Protected Material; (2) all copies, excerpts, summaries, or

16 compilations of Protected Material; and (3) any testimony, conversations, or

17 presentations by Parties or their Counsel that might reveal Protected Material.

18 Any use of Protected Material at trial shall be governed by the orders of the

19 trial judge. This Order does not govern the use of Protected Material at trial.

20 4. DURATION

21 Once a case proceeds to trial, information that was designated as

22 CONFIDENTIAL, CONFIDENTIAL – ATTORNEYS’ EYES ONLY,

23 CONIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY, or maintained pursuant

24 to this protective order used or introduced as an exhibit at trial becomes public and

25 will be presumptively available to all members of the public, including the press,

26 unless compelling reasons supported by specific factual findings to proceed

27 otherwise are made to the trial judge in advance of the trial. See Kamakana, 447

28 F.3d at 1180-81 (distinguishing “good cause” showing for sealing documents

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1 produced in discovery from “compelling reasons” standard when merits-related

2 documents are part of court record). Accordingly, the terms of this protective order

3 do not extend beyond the commencement of the trial.

4 5. DESIGNATING PROTECTED MATERIAL

5 5.1 Exercise of Restraint and Care in Designating Material for Protection.

6 Each Party or Non-Party that designates information or items for protection under

7 this Order must take care to limit any such designation to specific material that

8 qualifies under the appropriate standards. The Designating Party must designate for

9 protection only those parts of material, documents, items or oral or written

10 communications that qualify so that other portions of the material, documents, items

11 or communications for which protection is not warranted are not swept unjustifiably

12 within the ambit of this Order.

13 Mass, indiscriminate or routinized designations are prohibited. Designations

14 that are shown to be clearly unjustified or that have been made for an improper

15 purpose (e.g., to unnecessarily encumber the case development process or to impose

16 unnecessary expenses and burdens on other parties) may expose the Designating

17 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

22 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

23 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

24 under this Order must be clearly so designated before the material is disclosed or

25 produced.

26 Designation in conformity with this Order requires:

27 (a) for information in documentary form (e.g., paper or electronic

28 documents, but excluding transcripts of depositions or other pretrial or trial

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1 proceedings), that the Producing Party affix at a minimum, the legend

2 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), “CONFIDENTIAL

3 – AEO” (hereinafter “CONFIDENTIAL – AEO legend”), or “CONFIDENTIAL –

4 OCEO” (hereinafter “CONFIDENTIAL – OCEO legend”) to each page that

5 contains protected material. If only a portion of the material on a page qualifies for

6 protection, the Producing Party also must clearly identify the protected portion(s)

7 (e.g., by making appropriate markings in the margins).

8 A Party or Non-Party that makes original documents available for inspection

9 need not designate them for protection until after the inspecting Party has indicated

10 which documents it would like copied and produced. During the inspection and

11 before the designation, all of the material made available for inspection shall be

12 deemed “CONFIDENTIAL.” After the inspecting Party has identified the

13 documents it wants copied and produced, the Producing Party must determine which

14 documents, or portions thereof, qualify for protection under this Order. Then, before

15 producing the specified documents, the Producing Party must affix the

16 “CONFIDENTIAL legend,” “CONFIDENTIAL – AEO legend,” or

17 “CONFIDENTIAL – OCEO legend” to each page that contains Protected Material.

18 If only a portion of the material on a page qualifies for protection, the Producing

19 Party also must clearly identify the protected portion(s) (e.g., by making appropriate

20 markings in the margins).

21 (b) for testimony given in deposition, all deposition transcripts will

22 be treated as CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY for a

23 period of thirty (30) days after the transcript is available from the court reporter,

24 unless all Parties agree on the record at the deposition that the deposition is not

25 confidential. Counsel for any Party may designate the deposition transcript, or

26 portions thereof, as CONFIDENTIAL, CONFIDENTIAL – ATTORNEYS’ EYES

27 ONLY, or CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY during the

28 deposition or during the thirty (30) day period after the transcript is available. Any

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1 material marked CONFIDENTIAL, CONFIDENTIAL – ATTORNEYS’ EYES

2 ONLY, or CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY attached to

3 a deposition does not lose its protected status just because it is attached as an exhibit

4 to the deposition.

5 (c) For information produced in some form other than documentary

6 and for any other tangible items, that the Producing Party affix in a prominent place

7 on the exterior of the container or containers in which the information is stored the

8 legend “CONFIDENTIAL,” “CONFIDENTIAL – AEO,” or “CONFIDENTIAL –

9 OCEO.” If only a portion or portions of the information warrants protection, the

10 Producing Party, to the extent practicable, shall identify the protected portion(s).

11 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

12 failure to designate qualified information or items does not, standing alone, waive

13 the Designating Party’s right to secure protection under this Order for such material.

14 Upon timely correction of a designation, the Receiving Party must make reasonable

15 efforts to assure that the material is treated in accordance with the provisions of this

16 Order.

17 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

18 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

19 designation of confidentiality at any time that is consistent with the Court’s

20 Scheduling Order.

21 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

22 resolution process under Local Rule 37-1 et seq.

23 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a

24 joint stipulation pursuant to Local Rule 37-2.

25 6.4 The burden of persuasion in any such challenge proceeding shall be on

26 the Designating Party. Frivolous challenges, and those made for an improper

27 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

28 parties) may expose the Challenging Party to sanctions. Unless the Designating

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1 Party has waived or withdrawn the confidentiality designation, all parties shall

2 continue to afford the material in question the level of protection to which it is

3 entitled under the Producing Party’s designation until the Court rules on the

4 challenge.

5 7. ACCESS TO AND USE OF PROTECTED MATERIAL

6 7.1 Basic Principles. A Receiving Party may use Protected Material that is

7 disclosed or produced by another Party or by a Non-Party in connection with this

8 Action only for prosecuting, defending or attempting to settle this Action. Such

9 Protected Material may be disclosed only to the categories of persons and under the

10 conditions described in this Order. When the Action has been terminated, a

11 Receiving Party must comply with the provisions of section 13 below (FINAL

12 DISPOSITION).

13 Protected Material must be stored and maintained by a Receiving Party at a

14 location and in a secure manner that ensures that access is limited to the persons

15 authorized under this Order.

16 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

17 otherwise ordered by the court or permitted in writing by the Designating Party, a

18 Receiving Party may disclose any information or item designated

19 “CONFIDENTIAL” only to:

20 (a) the Receiving Party’s Outside Counsel of Record in this Action,

21 as well as employees of said Outside Counsel of Record to whom it is reasonably

22 necessary to disclose the information for this Action;

23 (b) the officers, directors, and employees (including House Counsel)

24 of the Receiving Party to whom disclosure is reasonably necessary for this Action;

25 (c) Experts (as defined in this Order) of the Receiving Party to whom

26 disclosure is reasonably necessary for this Action and who have signed the

27 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

28 (d) the court and its personnel;

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1 (e) court reporters and their staff;

2 (f) professional jury or trial consultants, mock jurors, and

3 Professional Vendors to whom disclosure is reasonably necessary for this Action

4 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

5 A);

6 (g) the author or recipient of a document containing the information

7 or a custodian or other person who otherwise possessed or knew the information;

8 (h) during their depositions, witnesses, and attorneys for witnesses,

9 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing

10 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)

11 they will not be permitted to keep any confidential information unless they sign the

12 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

13 agreed by the Designating Party or ordered by the court. Pages of transcribed

14 deposition testimony or exhibits to depositions that reveal Protected Material may

15 be separately bound by the court reporter and may not be disclosed to anyone except

16 as permitted under this Stipulated Protective Order; and

17 (i) any mediator or settlement officer, and their supporting

18 personnel, mutually agreed upon by any of the parties engaged in settlement

19 discussions.

20 7.3 Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

21 Information or Items. Unless otherwise ordered by the court or permitted in writing

22 by the Designating Party, a Receiving Party may disclose any information or item

23 designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

24 (a) the Receiving Party’s Outside Counsel of Record in this Action,

25 as well as employees of said Outside Counsel of Record to whom it is reasonably

26 necessary to disclose the information for this Action;

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1 (b) Experts (as defined in this Order) of the Receiving Party to whom

2 disclosure is reasonably necessary for this Action and who have signed the

3 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

4 (c) the court and its personnel;

5 (d) court reporters and their staff;

6 (e) professional jury or trial consultants, mock jurors, and

7 Professional Vendors to whom disclosure is reasonably necessary for this Action

8 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

9 A);

10 (f) the author or recipient of a document containing the information

11 or a custodian or other person who otherwise possessed or knew the information;

12 (g) during their depositions, witnesses, and attorneys for witnesses,

13 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing

14 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)

15 they will not be permitted to keep any confidential information unless they sign the

16 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

17 agreed by the Designating Party or ordered by the court. Pages of transcribed

18 deposition testimony or exhibits to depositions that reveal Protected Material may

19 be separately bound by the court reporter and may not be disclosed to anyone except

20 as permitted under this Stipulated Protective Order; and

21 (h) any mediator or settlement officer, and their supporting

22 personnel, mutually agreed upon by any of the parties engaged in settlement

23 discussions.

24 7.4 Disclosure of “CONFIDENTIAL – OUTSIDE COUNSEL’S EYES

25 ONLY” Information. Unless otherwise ordered by the Court or permitted in writing

26 by the Designating Party, a Receiving Party may disclose any “CONFIDENTIAL –

27 OUTSIDE COUNSEL’S EYES ONLY” only to:

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1 a) The Receiving Party’s Outside Trial Counsel in this Action, as well

2 as employees of said Outside Trial Counsel to whom it is reasonably necessary to

3 disclose the information for this Action;

4 b) Experts (as defined in this Order) of the Receiving Party to whom

5 disclosure is reasonably necessary for this Action and who have signed the

6 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

7 c) The Court and its personnel;

8 d) Court reporters and their staff;

9 e) Professional jury or trial consultants, mock jurors, and Professional

10 Vendors to whom disclosure is reasonably necessary for this Action and who have

11 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

12 f) The author or recipient of a document containing the information or

13 a custodian or other person who otherwise already possessed or knew the

14 information prior to its disclosure by the Receiving Party;

15 g) During their depositions, witnesses, and attorneys for witnesses, in

16 the Action to whom disclosure is reasonably necessary provided the deposing party

17 requests that the witness sign the form attached as Exhibit A hereto, unless otherwise

18 agreed by the Designating Party or ordered by the court. Pages of transcribed

19 deposition testimony or exhibits to depositions that reveal Protected Material may

20 be separately bound by the court reporter and may not be disclosed to anyone except

21 as permitted under this Stipulated Protective Order; and

22 h) Any mediator or settlement officer, and their supporting personnel,

23 mutually agreed upon by any of the parties engaged in settlement discussions.

24 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

25 IN OTHER LITIGATION

26 If a Party is served with a subpoena or a court order issued in other litigation

27 that compels disclosure of any information or items designated in this Action as

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1 “CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or

2 “CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY” that Party must:

3 (a) promptly notify in writing the Designating Party. Such

4 notification shall include a copy of the subpoena or court order;

5 (b) promptly notify in writing the party who caused the subpoena or

6 order to issue in the other litigation that some or all of the material covered by the

7 subpoena or order is subject to this Protective Order. Such notification shall include

8 a copy of this Stipulated Protective Order; and

9 (c) cooperate with respect to all reasonable procedures sought to be

10 pursued by the Designating Party whose Protected Material may be affected.

11 If the Designating Party timely seeks a protective order, the Party served with

12 the subpoena or court order shall not produce any information designated in this

13 action as “CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES

14 ONLY,” or “CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY” before a

15 determination by the court from which the subpoena or order issued, unless the Party

16 has obtained the Designating Party’s permission. The Designating Party shall bear

17 the burden and expense of seeking protection in that court of its confidential material

18 and nothing in these provisions should be construed as authorizing or encouraging a

19 Receiving Party in this Action to disobey a lawful directive from another court.

20 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

21 PRODUCED IN THIS LITIGATION

22 (a) The terms of this Order are applicable to information produced

23 by a Non-Party in this Action and designated as “CONFIDENTIAL,”

24 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL –

25 OUTSIDE COUNSEL’S EYES ONLY” Such information produced by Non-Parties

26 in connection with this litigation is protected by the remedies and relief provided by

27 this Order. Nothing in these provisions should be construed as prohibiting a Non-

28 Party from seeking additional protections.

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1 (b) In the event that a Party is required, by a valid discovery request,

2 to produce a Non-Party’s confidential information in its possession, and the Party is

3 subject to an agreement with the Non-Party not to produce the Non-Party’s

4 confidential information, then the Party shall:

5 (1) promptly notify in writing the Requesting Party and the

6 Non-Party that some or all of the information requested is subject to a confidentiality

7 agreement with a Non-Party;

8 (2) promptly provide the Non-Party with a copy of the

9 Stipulated Protective Order in this Action, the relevant discovery request(s), and a

10 reasonably specific description of the information requested; and

11 (3) make the information requested available for inspection by

12 the Non-Party, if requested.

13 (c) If the Non-Party fails to seek a protective order from this court

14 within 14 days of receiving the notice and accompanying information, the Receiving

15 Party may produce the Non-Party’s confidential information responsive to the

16 discovery request. If the Non-Party timely seeks a protective order, the Receiving

17 Party shall not produce any information in its possession or control that is subject to

18 the confidentiality agreement with the Non-Party before a determination by the

19 court. Absent a court order to the contrary, the Non-Party shall bear the burden and

20 expense of seeking protection in this court of its Protected Material.

21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

23 Protected Material to any person or in any circumstance not authorized under this

24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

25 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

26 to retrieve all unauthorized copies of the Protected Material, (c) inform the person

27 or persons to whom unauthorized disclosures were made of all the terms of this

28

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1 Order, and (d) request such person or persons to execute the “Acknowledgment and

2 Agreement to Be Bound” that is attached hereto as Exhibit A.

3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

4 PROTECTED MATERIAL

5 When a Producing Party gives notice to Receiving Parties that certain

6 inadvertently produced material is subject to a claim of privilege or other protection,

7 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

8 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

9 may be established in an e-discovery order that provides for production without prior

10 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as

11 the parties reach an agreement on the effect of disclosure of a communication or

12 information covered by the attorney-client privilege or work product protection, the

13 parties may incorporate their agreement in the stipulated protective order submitted

14 to the court.

15 12. MISCELLANEOUS

16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

17 person to seek its modification by the Court in the future.

18 12.2 Right to Assert Other Objections. By stipulating to the entry of this

19 Protective Order, no Party waives any right it otherwise would have to object to

20 disclosing or producing any information or item on any ground not addressed in this

21 Stipulated Protective Order. Similarly, no Party waives any right to object on any

22 ground to use in evidence of any of the material covered by this Protective Order.

23 12.3 Filing Protected Material. A Party that seeks to file under seal any

24 Protected Material must comply with Local Civil Rule 79-5. Protected Material may

25 only be filed under seal pursuant to a court order authorizing the sealing of the

26 specific Protected Material at issue. If a Party’s request to file Protected Material

27 under seal is denied by the court, then the Receiving Party may file the information

28 in the public record unless otherwise instructed by the court.

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1 13. FINAL DISPOSITION

2 After the final disposition of this Action, as defined in paragraph 4, within 60

3 days of a written request by the Designating Party, each Receiving Party must return

4 all Protected Material to the Producing Party or destroy such material. As used in

5 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

6 summaries, and any other format reproducing or capturing any of the Protected

7 Material. Whether the Protected Material is returned or destroyed, the Receiving

8 Party must submit a written certification to the Producing Party (and, if not the same

9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

10 (by category, where appropriate) all the Protected Material that was returned or

11 destroyed and (2) affirms that the Receiving Party has not retained any copies,

12 abstracts, compilations, summaries or any other format reproducing or capturing any

13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to

14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

16 reports, attorney work product, and consultant and expert work product, even if such

17 materials contain Protected Material. Any such archival copies that contain or

18 constitute Protected Material remain subject to this Protective Order as set forth in

19 Section 4 (DURATION).

20 14. VIOLATION

21 Any violation of this Order may be punished by appropriate measures

22 including, without limitation, contempt proceedings and/or monetary sanctions.

23 ///

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17 Case 2:20-cv-10515-JVS-AFM Document 201 Filed 08/12/22 Page 18 of 22 Page ID #:9958

1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2 DATED: August 11, 2022 /s/Mario M. Choi 3 Daniel J. Schacht (Bar No. 259717) 4 dschacht@donahue.com Andrew S. MacKay (Bar No. 197074) 5 amackay@donahue.com 6 Mario M. Choi (Bar No. 243409) mchoi@donahue.com 7 Padmini Cheruvu (Bar No. 301292) 8 pcheruvu@donahue.com

Anna-Patrice M. Harris (Bar No. 309022) 9 apharris@donahue.com 10 DONAHUE FITZGERALD LLP

Attorneys at Law 11 1999 Harrison Street, 26th Floor 12 Oakland, CA 94612-3520

Telephone: (510) 451-3300 13 Facsimile: (510) 451-1527 14 Attorneys for Plaintiff Wixen Music Publishing, Inc.

15

16 DATED: August 11, 2022

/s/Rachel Horn 17 Joseph R. Wetzel (Bar No. 238008) 18 joe.wetzel@lw.com

Andrew M. Gass (Bar No. 259694) 19 andrew.gass@lw.com 20 Ivana Dukanovic (Bar No. 312937)

ivana.dukanovic@lw.com 21

LATHAM & WATKINS LLP

22 505 Montgomery Street, Suite 2000

San Francisco, California 94111-6538 23 Telephone: (415) 391-0600 24 Facsimile: (415) 395-8095

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18 Case 2:20-cv-10515-JVS-AFM Document 201 Filed 08/12/22 Page of22 Page ID #:9959

1 | Allison L. Stillman (pro hac vice) > | alli.stillman@lw.com

LATHAM & WATKINS LLP

3 | 1271 Avenue of the Americas 4 || New York, New York 10020 Telephone: (212) 906-1747 5 | Facsimile: (212) 751-4864 Allison S. Blanco (Bar No. 287554) 7 allison.blanco@lw.com g | LATHAM & WATKINS LLP 650 Town Center Drive ? | Costa Mesa, California 92626-1925 19 | Telephone: (714)540-1235 4 Facsimile: (714) 755-8290

12 | Rachel S. Horn (Bar No. 335737) rachel.horn@lw.com '3.| LATHAM & WATKINS LLP 14 | 140 Scott Drive Menlo Park, California 94025 15 | Telephone: (650) 328-4600 16 | Facsimile: (650) 463-2600 M7 Attorneys for Defendant Triller, Inc. 18 19 20 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 21 2) DATED: 8/12/2022 23 24 . » (bly Mock 26 37 HON. ALEXANDER F. MacKINNON United States Magistrate Judge 28

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20 Case 2:20-cv-10515-JVS-AFM Document 201 Filed 08/12/22 Page 21 of 22 Page ID #:9961

1 ATTESTION

2

3 Pursuant to Local Rule 5-4.3.3(a)(2)(i), I, Mario M. Choi, attest that, on the

4 signature page of this document, the other signatory listed, and on whose behalf the

5 filing is submitted, concur in the filing’s content, and has authorized the filing.

6 Dated: August 11, 2022 By: /s/ Mario M. Choi 7 Mario M. Choi 8

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21 Case 2:20-cv-10515-JVS-AFM Document 201 Filed 08/12/22 Page 22 of 22 Page ID #:9962

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

5 perjury that I have read in its entirety and understand the Stipulated Protective Order

6 that was issued by the United States District Court for the Central District of

7 California on [date] in the case of ____________ [insert formal name of the case

8 and the number and initials assigned to it by the court]. I agree to comply with

9 and to be bound by all the terms of this Stipulated Protective Order and I understand

10 and acknowledge that failure to so comply could expose me to sanctions and

11 punishment in the nature of contempt. I solemnly promise that I will not disclose in

12 any manner any information or item that is subject to this Stipulated Protective Order

13 to any person or entity except in strict compliance with the provisions of this Order.

14 I further agree to submit to the jurisdiction of the United States District Court for

15 the Central District of California for enforcing the terms of this Stipulated

16 Protective Order, even if such enforcement proceedings occur after termination of

17 this action.

18 I hereby appoint ___________________________________ [print or type full

19 name] of _____________________________ [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 Printed name: _____________________________

26

27 Signature: ________________________________

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22