Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 1 of 15 Page ID #:368

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11

12 Beauty Business Builder, LLC, a Delaware) Case No. 2:22-cv-03352-RSWL-GJS limited liability company, ) 13 ) (Assigned to the Honorable Ronald S.W. Plaintiff, ) Lew) 14 ) v. ) PROTECTIVE ORDER 15 ) Skin Gym, Inc., a California corporation;) 16 J.C. Penney Co., Inc. a Delaware) corporation; Ulta Salon, Cosmetics &) 17 Fragrance, Inc., a Delaware corporation;) Bloomingdale’s, LLC, an Ohio limited) 18 liability company; Bloomingdales.com,) LLC, an Ohio limited liability company;) 19 Sephora USA, Inc., a Michigan corporation;) Urban Outfitters, Inc. a Pennsylvania) 20 corporation d/b/a Anthropologie; Planet) Beauty, Inc., a California corporation; Bliss) 21 Beauty Center, LLC, a California Limited) liability company, ) 22 ) Defendants. ) 23 ) ) 24 AND RELATED COUNTERCLAIM. ) ) 25 ) AND RELATED THIRD PARTY) Action Filed: May 17, 2022 26 COMPLAINT. ) Pre-Trial Conf.: August 8, 2023 ) Trial Date: September 5, 2023 27 28 Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 2 of 15 Page ID #:369

1 On stipulation of the Parties, the Court enters a Protective Order in this matter as 2 follows: 3 1. PURPOSES AND LIMITATIONS 4 Discovery in this action is likely to involve production of confidential, 5 proprietary, or private information for which special protection from public disclosure 6 and from use for any purpose other than prosecuting this litigation may be warranted. 7 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 8 Stipulated Protective Order. The parties acknowledge that this Order does not confer 9 blanket protections on all disclosures or responses to discovery and that the protection 10 it affords from public disclosure and use extends only to the limited information or 11 items that are entitled to confidential treatment under the applicable legal principles. 12 The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 13 Protective Order does not entitle them to file confidential information under seal; Civil 14 Local Rule 79-5 sets forth the procedures that must be followed and the standards that 15 will be applied when a party seeks permission from the Court to file material under seal. 16 GOOD CAUSE STATEMENT 17 This action is likely to involve trade secrets and other valuable proprietary 18 information for which special protection from public disclosure and from use for any 19 purpose other than prosecution of this action is warranted. Such confidential and 20 proprietary materials and information consist of, among other things, customer and 21 pricing lists, customer communications, sales summaries, pricing, internal business 22 strategies, documents revealing costs, financial projections, vendors, marketing plans, 23 expansion plans, employee information, and other confidential business or financial 24 information, or information regarding confidential business practices, the disclosure of 25 which could give a competitor an unfair business advantage. The confidential 26 information at issue is generally unavailable to the public and may be privileged or 27 otherwise protected from disclosure under state or federal statutes, court rules, case 28 decisions, or common law. -1- Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 3 of 15 Page ID #:370

1 Accordingly, to expedite the flow of information, to facilitate the prompt 2 resolution of disputes over confidentiality of discovery materials, to adequately protect 3 information the parties are entitled to keep confidential, to ensure that the parties are 4 permitted reasonable necessary uses of such material in preparation for and in the 5 conduct of trial, to address their handling at the end of the litigation, and serve the ends 6 of justice, a protective order for such information is justified in this matter. It is the 7 intent of the parties that information will not be designated as confidential for tactical 8 reasons and that nothing be so designated without a good faith belief that it has been 9 maintained in a confidential, non-public manner, and there is good cause why it should 10 not be part of the public record of this case. 11 2. DEFINITIONS 12 2.1 Action: the above-captioned action pending in this Court, including any 13 related discovery, pretrial, trial, post-trial, or appellate proceedings. 14 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 15 information or items under this Order. 16 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 17 it is generated, stored or maintained) or tangible things that qualify for protection under 18 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 19 Statement. 20 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 21 support staff). 22 2.5 Designating Party: a Party or Non-Party that designates information or 23 items that it produces in disclosures or in responses to discovery as 24 “CONFIDENTIAL.” 25 2.6 Disclosure or Discovery Material: all items or information, regardless of 26 the medium or manner in which it is generated, stored, or maintained (including, among 27 other things, testimony, transcripts, and tangible things), that are produced or generated 28 in disclosures or responses to discovery in this matter. -2- Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 4 of 15 Page ID #:371

1 2.7 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 3 expert witness or as a consultant in this Action. 4 2.8 “HIGHLY CONFIDENTIAL” or “ATTORNEY EYES ONLY” 5 Information or Items: information (regardless of how it is generated, stored or 6 maintained) or tangible things that qualify for protection under Federal Rule of Civil 7 Procedure 26(c), and as specified above in the Good Cause Statement for which 8 disclosures to another party is likely to result in harm to the Designating Party. 9 2.9 House Counsel: attorneys who are employees or independent contractors 10 of a Party to this Action. House Counsel does not include Outside Counsel of Record. 11 2.10 Non-Party: any natural person, partnership, corporation, association, or 12 other legal entity not named as a Party to this Action. 13 2.11 Outside Counsel of Record: attorneys who are retained to represent or 14 advise a Party to this Action and have appeared in this Action on behalf of that Party or 15 are affiliated with a law firm that has appeared on behalf of that Party, including support 16 staff. 17 2.12 Party: any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 2.14 Professional Vendors: persons or entities that provide litigation support 23 services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 25 their employees and subcontractors. 26 2.15 Protected Material: any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “ATTORNEY 28 EYES ONLY.” -3- Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 5 of 15 Page ID #:372

1 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 2 from a Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only Protected 5 Material (as defined above), but also (1) any information copied or extracted from 6 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 7 Material; and (3) any testimony, conversations, or presentations by Parties or their 8 Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial shall be governed by the orders of the trial 10 judge. This Order does not govern the use of Protected Material at trial. 11 4. DURATION 12 Once the Action proceeds to trial, all of the Court-filed information to be 13 introduced that was previously designated as Protected Material pursuant to this Order 14 becomes public and will be presumptively available to all members of the public, 15 including the press, unless compelling reasons supported by specific factual findings to 16 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v. 17 City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing 18 “good cause” showing for sealing documents produced in discovery from “compelling 19 reasons” standard when merits-related documents are part of court record). 20 Accordingly, as to Protected Material made part of the Court record, the terms of this 21 Order do not extend beyond the commencement of the trial. However, as to Protected 22 Material not made part of the Court record, this Order shall continue to be binding after 23 the conclusion of this Action. 24 5. DESIGNATING PROTECTED MATERIAL 25 5.1 Exercise of Restraint and Care in Designating Material for Protection. 26 Each Party or Non-Party that designates information or items for protection under this 27 Order must take care to limit any such designation to specific material that qualifies 28 under the appropriate standards. The Designating Party must designate for protection -4- Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 6 of 15 Page ID #:373

1 only those parts of material, documents, items, or oral or written communications that 2 qualify so that other portions of the material, documents, items, or communications for 3 which protection is not warranted are not swept unjustifiably within the ambit of this 4 Order. 5 Mass, indiscriminate, or routinized designations are prohibited. Designations that 6 are shown to be clearly unjustified or that have been made for an improper purpose 7 (e.g., to unnecessarily encumber the case development process or to impose 8 unnecessary expenses and burdens on other parties) may expose the Designating Party 9 to sanctions. 10 If it comes to a Designating Party’s attention that information or items that it 11 designated for protection do not qualify for protection, that Designating Party must 12 promptly notify all other Parties that it is withdrawing the inapplicable designation. 13 5.2 Manner and Timing of Designations. Except as otherwise provided in this 14 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 15 or ordered, Disclosure or Discovery Material that qualifies for protection under this 16 Order must be clearly so designated before the material is disclosed or produced. 17 Designation in conformity with this Order requires: 18 (a) for information in documentary form (e.g., paper or electronic 19 documents, but excluding transcripts of depositions or other pretrial or trial 20 proceedings), that the Producing Party affix, at a minimum, the legend 21 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “ATTORNEY EYES ONLY” 22 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected material. 23 If only a portion or portions of the material on a page qualifies for protection, the 24 Producing Party also must clearly identify the protected portion(s) (e.g., by making 25 appropriate markings in the margins). 26 A Party or Non-Party that makes original documents available for 27 inspection need not designate them for protection until after the inspecting Party has 28 indicated which documents it would like copied and produced. During the inspection -5- Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 7 of 15 Page ID #:374

1 and before the designation, all of the material made available for inspection shall be 2 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it 3 wants copied and produced, the Producing Party must determine which documents, or 4 portions thereof, qualify for protection under this Order. Then, before producing the 5 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to 6 each page that contains Protected Material. If only a portion or portions of the material 7 on a page qualifies for protection, the Producing Party also must clearly identify the 8 protected portion(s) (e.g., by making appropriate markings in the margins). 9 (b) for testimony given in depositions that the Designating Party identify 10 the Disclosure or Discovery Material on the record, before the close of the deposition. 11 (c) for information produced in some form other than documentary and for 12 any other tangible items, that the Producing Party affix in a prominent place on the 13 exterior of the container or containers in which the information is stored the 14 “CONFIDENTIAL legend.” If only a portion or portions of the information warrants 15 protection, the Producing Party, to the extent practicable, shall identify the protected 16 portion(s). 17 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 18 failure to designate qualified information or items does not, standing alone, waive the 19 Designating Party’s right to secure protection under this Order for such material. Upon 20 timely correction of a designation, the Receiving Party must make reasonable efforts to 21 assure that the material is treated in accordance with the provisions of this Order. 22 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 24 designation of confidentiality at any time that is consistent with the Court’s Scheduling 25 Order. 26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 27 resolution process under Local Rule 37-1, et seq. Any discovery motion must strictly 28 comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3. -6- Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 8 of 15 Page ID #:375

1 6.3 Burden. The burden of persuasion in any such challenge proceeding shall 2 be on the Designating Party. Frivolous challenges, and those made for an improper 3 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) 4 may expose the Challenging Party to sanctions. Frivolous designations, if not waived 5 or withdrawn upon being challenged, may expose the Designating Party to sanctions. 6 Unless the Designating Party has waived or withdrawn the confidentiality designation, 7 all parties shall continue to afford the material in question the level of protection to 8 which it is entitled under the Producing Party’s designation until the Court rules on the 9 challenge. 10 7. ACCESS TO AND USE OF PROTECTED MATERIAL 11 7.1 Basic Principles. A Receiving Party may use Protected Material that is 12 disclosed or produced by another Party or by a Non-Party in connection with this Action 13 only for prosecuting, defending, or attempting to settle this Action. Such Protected 14 Material may be disclosed only to the categories of persons and under the conditions 15 described in this Order. When the Action has been terminated, a Receiving Party must 16 comply with the provisions of Section 13 below (FINAL DISPOSITION). Protected 17 Material must be stored and maintained by a Receiving Party at a location and in a 18 secure manner that ensures that access is limited to the persons authorized under this 19 Order. 20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 21 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party 22 may disclose any information or item designated “CONFIDENTIAL” only to: 23 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 24 as employees of said Outside Counsel of Record to whom it is reasonably necessary to 25 disclose the information for this Action; 26 (b) the officers, directors, and employees (including House Counsel) of the 27 Receiving Party to whom disclosure is reasonably necessary for this Action; 28 (c) Experts (as defined in this Order) of the Receiving Party to whom -7- Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 9 of 15 Page ID #:376

1 disclosure is reasonably necessary for this Action and who have signed the 2 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (d) the Court and its personnel; 4 (e) court reporters and their staff; 5 (f) professional jury or trial consultants, mock jurors, and Professional 6 Vendors to whom disclosure is reasonably necessary for this Action and who have 7 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (g) the author or recipient of a document containing the information or a 9 custodian or other person who otherwise possessed or knew the information; 10 (h) during their depositions, witnesses, and attorneys for witnesses, in the 11 Action to whom disclosure is reasonably necessary, provided that they will not be 12 permitted to keep any confidential information unless they sign the “Acknowledgment 13 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 14 Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits to 15 depositions that reveal Protected Material may be separately bound by the court reporter 16 and may not be disclosed to anyone except as permitted under this Stipulated Protective 17 Order; and 18 (i) any mediator or settlement officer, and their supporting personnel, 19 mutually agreed upon by any of the parties engaged in settlement discussions. 20 7.3 Disclosure of “HIGHLY CONFIDENTIAL” or “ATTORNEY EYES 21 ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in 22 writing by the Designating Party, a Receiving Party may disclose any information or 23 item designated “HIGHLY CONFIDENTIAL” or “ATTORNEY EYES ONLY” only 24 to: 25 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 26 as employees of said Outside Counsel of Record to whom it is reasonably necessary to 27 disclose the information for this Action. 28 (b) Experts (as defined in this Order) of the Receiving Party to whom -8- Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 10 of 15 Page ID #:377

1 disclosure is reasonably necessary for this Action and who have signed the 2 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (c) the Court and its personnel; 4 (d) court reporters and their staff; 5 (e) professional jury or trial consultants, mock jurors, and Professional 6 Vendors to whom disclosure is reasonably necessary for this Action and who have 7 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (f) the author or recipient of a document containing the information or a 9 custodian or other person who otherwise possessed or knew the information; and 10 (g) any mediator or settlement officer, and their supporting personnel, 11 mutually agreed upon by any of the parties engaged in settlement discussions. 12 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 13 IN OTHER LITIGATION 14 If a Party is served with a subpoena or a court order issued in other litigation that 15 compels disclosure of any information or items designated in this Action as Protected 16 Material, that Party must: 17 (a) promptly notify in writing the Designating Party. Such notification 18 shall include a copy of the subpoena or court order; 19 (b) promptly notify in writing the party who caused the subpoena or order 20 to issue in the other litigation that some or all of the material covered by the subpoena 21 or order is subject to this Order. Such notification shall include a copy of this Order; 22 and 23 (c) cooperate with respect to all reasonable procedures sought to be 24 pursued by the Designating Party whose Protected Material may be affected. If the 25 Designating Party seeks a protective order from this Court within 14 days of receiving 26 the notice and accompanying information, the Party served with the subpoena or court 27 order shall not produce any information designated in this action as Protected Material 28 before a determination by the court from which the subpoena or order issued, unless the -9- Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 11 of 15 Page ID #:378

1 Party has obtained the Designating Party’s permission. The Designating Party shall bear 2 the burden and expense of seeking protection in that court of its Protected Material and 3 nothing in these provisions should be construed as authorizing or encouraging a 4 Receiving Party in this Action to disobey a lawful directive from another court. If the 5 Designating Party does not timely seek a protective order, the Party served with the 6 subpoena or court order may produce responsive information designated in this action 7 as Protected Material as required by the subpoena or court order. 8 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 9 PRODUCED IN THIS LITIGATION 10 (a) The terms of this Order are applicable to information produced by a Non- 11 Party in this Action and designated as Protected Material. Such information produced 12 by Non-Parties in connection with this Action is protected by the remedies and relief 13 provided by this Order. Nothing in these provisions should be construed as prohibiting 14 a Non-Party from seeking additional protections. 15 (b) In the event that a Party is required, by a valid discovery request, to produce 16 a Non-Party’s confidential information in its possession, and the Party is subject to an 17 agreement with the Non-Party not to produce the Non-Party’s confidential information, 18 then the Party shall: 19 (1) promptly notify in writing the Requesting Party and the Non-Party that 20 some or all of the information requested is subject to a confidentiality agreement with 21 a Non-Party; 22 (2) promptly provide the Non-Party with a copy of the Protective Order in 23 this Action, the relevant discovery request(s), and a reasonably specific description of 24 the information requested; and 25 (3) make the information requested available for inspection by the Non- 26 Party, if requested. 27 (c) If the Non-Party fails to seek a protective order from this Court within 14 days 28 of receiving the notice and accompanying information, the Receiving Party may -10- Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 12 of 15 Page ID #:379

1 produce the Non-Party’s confidential information responsive to the discovery request. 2 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 3 any information in its possession or control that is subject to the confidentiality 4 agreement with the Non-Party before a determination by the Court. Absent a court order 5 to the contrary, the Non-Party shall bear the burden and expense of seeking protection 6 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 Order, 10 the Receiving Party must immediately (a) notify in writing the Designating Party of the 11 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of 12 the Protected Material, (c) inform the person or persons to whom unauthorized 13 disclosures were made of all the terms of this Order, and (d) request such person or 14 persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached 15 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 procedure 22 may be established in an e-discovery order that provides for production without prior 23 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 24 Parties reach an agreement on the effect of disclosure of a communication or 25 information covered by the attorney-client privilege or work product protection, the 26 Parties may incorporate their agreement in the stipulated protective order submitted to 27 the Court. 28 /// -11- Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 13 of 15 Page ID #:380

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 Order, 5 no Party waives any right it otherwise would have to object to disclosing or producing 6 any information or item on any ground not addressed in this Order. Similarly, no Party 7 waives any right to object on any ground to use in evidence of any of the material 8 covered by this Order. 9 12.3 Filing Protected Material. A Party that seeks to file under seal any 10 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 11 only be filed under seal pursuant to a court order authorizing the sealing of the specific 12 Protected Material at issue; good cause must be shown in the request to file under seal. 13 If a Party’s request to file Protected Material under seal is denied by the Court, then the 14 Receiving Party may file the information in the public record unless otherwise 15 instructed by the Court. 16 13. FINAL DISPOSITION 17 After the final disposition of this Action, within 60 days of a written request by 18 the Designating Party, each Receiving Party must return all Protected Material to the 19 Producing Party or destroy such material. As used in this subdivision, “all Protected 20 Material” includes all copies, abstracts, compilations, summaries, and any other format 21 reproducing or capturing any of the Protected Material. Whether the Protected Material 22 is returned or destroyed, the Receiving Party must submit a written certification to the 23 Producing Party (and, if not the same person or entity, to the Designating Party) by the 24 60 day deadline that (1) identifies (by category, where appropriate) all the Protected 25 Material that was returned or destroyed and (2) affirms that the Receiving Party has not 26 retained any copies, abstracts, compilations, summaries or any other format 27 reproducing or capturing any of the Protected Material. Notwithstanding this provision, 28 counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, -12- Case 2tP2-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page14o0f15 Page ID #:381

1}| deposition, and hearing transcripts, legal memoranda, correspondence, deposition and 2}| trial exhibits, expert reports, attorney work product, and consultant and expert work 3}! product, even if such materials contain Protected Material. Any such archival copies 4}| that contain or constitute Protected Material remain subject to this Order as set forth in 5|| Section 4 (DURATION). 6|| 14. Any violation of this Order may be punished by any and all appropriate measures 7}| including, without limitation, contempt proceedings and/or monetary sanctions. 8 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 10}| DATED: — October 25, 2022 | TT 11 Honorable‘Gail J. Standish 12 United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -13-

Case 2:22-cv-03352-RSWL-GJS Document 61 Filed 10/25/22 Page 15 of 15 Page ID #:382

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 that 5 I have read in its entirety and understand the foregoing Protective Order issued by the 6 United States District Court for the Central District of California in the case of Beauty 7 Business Builder, LLC v. Skin Gym, Inc., et al., Case No. 2:22-cv-03352-RSWL-GJS 8 (“the Action”). I agree to comply with and to be bound by all the terms of the Protective 9 Order and I understand and acknowledge that failure to so comply could expose me to 10 sanctions and punishment in the nature of contempt. I solemnly promise that I will not 11 disclose in any manner any information or item that is subject to the Protective Order 12 to any person or entity except in strict compliance with the provisions of the Protective 13 Order. 14 I further agree to submit to the jurisdiction of the United States District Court for 15 the Central District of California for the purpose of enforcing the terms of the Protective 16 Order, even if such enforcement proceedings occur after termination of the Action. I 17 hereby appoint ____________________________ [print or type full name] of 18 ___________________________________________________ [print or type full 19 address and telephone number] as my California agent for service of process in 20 connection with the Action or any proceedings related to enforcement of the Protective 21 Order. 22 Date: 23 City and State where sworn and signed: 24 Printed name: 25 Signature: 26 27 28 -14-