Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 1 of 21 Page ID #:324

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 12 MICHELLE STERIOFF, individually Case No. 2:22-cv-09230-GW-GJS 13 and on behalf of all others similarly situated,

STIPULATED PROTECTIVE

14 ORDER1 Plaintiff, 15 v. 16 Honorable George H. Wu

LIVE NATION ENTERTAINMENT,

17 INC., and TICKETMASTER LLC, Honorable Gail J. Standish

18 Defendants. 19

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28 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Gail J. Standish’s Procedures. Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 2 of 21 Page ID #:325

1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this Action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This Action is likely to involve the production and exchange of confidential, 13 sensitive information that could cause business, competitive, and personal harm if 14 disclosed publicly or, without restrictions, between the parties. This Action is also 15 likely to involve trade secrets, operating plans, market analyses, nonpublic contracts, 16 negotiating positions and business negotiation strategies, and financial information 17 that if it were to become public could provide confidential, competitively sensitive 18 information to the market and competitors and could put the producing party at a 19 competitive disadvantage. Accordingly, to expedite the flow of information, to 20 facilitate the prompt resolution of disputes over confidentiality of discovery 21 materials, to adequately protect information the parties are entitled to keep 22 confidential, to ensure that the parties are permitted reasonable necessary uses of 23 such material in preparation for and in the conduct of trial, to address their handling 24 at the end of the litigation, and serve the ends of justice, a protective order for such 25 information is justified in this matter. It is the intent of the parties that information 26 will not be designated as confidential for tactical reasons and that nothing be so 27 designated without a good faith belief that it has been maintained in a confidential, 28 2 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 3 of 21 Page ID #:326

1 non-public manner, and there is good cause why it should not be part of the public 2 record of this case. 3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 4 SEAL 5 The parties further acknowledge, as set forth in Section 12.3, below, that this 6 Stipulated Protective Order does not entitle them to file confidential information 7 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 8 and the standards that will be applied when a party seeks permission from the court 9 to file material under seal. 10 There is a strong presumption that the public has a right of access to judicial 11 proceedings and records in civil cases. In connection with non-dispositive motions, 12 good cause must be shown to support a filing under seal. See Kamakana v. City and 13 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 14 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 15 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 16 good cause showing), and a specific showing of good cause or compelling reasons 17 with proper evidentiary support and legal justification, must be made with respect to 18 Protected Material that a party seeks to file under seal. The parties’ mere designation 19 of Disclosure or Discovery Material as “CONFIDENTIAL” or “HIGHLY 20 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” does not—without the 21 submission of competent evidence by declaration, establishing that the material 22 sought to be filed under seal qualifies as confidential, privileged, or otherwise 23 protectable—constitute good cause. 24 Further, if a party requests sealing related to a dispositive motion or trial, then 25 compelling reasons, not only good cause, for the sealing must be shown, and the 26 relief sought shall be narrowly tailored to serve the specific interest to be protected. 27 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 28 each item or type of information, document, or thing sought to be filed or introduced 3 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 4 of 21 Page ID #:327

1 under seal in connection with a dispositive motion or trial, the party seeking 2 protection must articulate compelling reasons, supported by specific facts and legal 3 justification, for the requested sealing order. Again, competent evidence supporting 4 the application to file documents under seal must be provided by declaration. 5 Any document that is not confidential, privileged, or otherwise protectable in 6 its entirety will not be filed under seal if the confidential portions can be redacted. 7 If documents can be redacted, then a redacted version for public viewing, omitting 8 only the confidential, privileged, or otherwise protectable portions of the document, 9 shall be filed. Any application that seeks to file documents under seal in their 10 entirety should include an explanation of why redaction is not feasible. 11 2. DEFINITIONS 12 2.1 Action: Michelle Sterioff v. Live Nation Entertainment, Inc., et al., 13 Case No. 2:22-cv-09230-GW-GJS (C.D. Cal.). 14 2.2 Challenging Party: a Party or Non-Party that challenges the designation 15 of information or items under this Order. 16 2.3 “CONFIDENTIAL” Information or Items: trade secrets or other 17 confidential research, development, or commercially sensitive information 18 (regardless of how it is generated, stored, or maintained) pursuant to Federal Rule of 19 Civil Procedure 26(c), or any document, transcript, or other material containing such 20 information that has not been published or otherwise made publicly available. 21 Materials designated “CONFIDENTIAL” shall be treated as Confidential 22 Information, subject to the provisions set forth in this Order. 23 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 24 their support staff). 25 2.5 Designating Party: a Party or Non-Party that designates information or 26 items that it produces in disclosures or in responses to discovery as 27 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 28 ONLY.” 4 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 5 of 21 Page ID #:328

1 2.6 Disclosure or Discovery Material: all items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced or 4 generated in disclosures or responses to discovery in this matter. 5 2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 6 Information or Items: extremely sensitive Confidential Information, the disclosure 7 of which to another Party or Non-Party would create a substantial risk of serious and 8 irremediable harm to the Producing Party or its clients. Materials designated 9 “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY” shall be treated as 10 Highly Confidential Information, subject to the provisions set forth in this Order. 11 2.8 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 2.9 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 2.10 Non-Party: any natural person, partnership, corporation, association or 18 other legal entity not named as a Party to this Action. 19 2.11 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 2.12 Party: any party to this Action, including all of its officers, directors, 24 employees, consultants, retained experts, and Outside Counsel of Record (and their 25 support staffs). 26 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 27 Discovery Material in this Action. 28 5 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 6 of 21 Page ID #:329

1 2.14 Professional Vendors: persons or entities that provide litigation support 2 services (e.g., photocopying, videotaping, translating, preparing exhibits or 3 demonstrations, and organizing, storing, or retrieving data in any form or medium) 4 and their employees and subcontractors. 5 2.15 Protected Material: any Disclosure or Discovery Material that is 6 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 7 ATTORNEYS’ EYES ONLY.” 8 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 9 from a Producing Party. 10 3. SCOPE 11 The protections conferred by this Stipulation and Order cover not only 12 Protected Material (as defined above), but also (1) any information copied or 13 extracted from Protected Material; (2) all copies, excerpts, summaries, or 14 compilations of Protected Material; and (3) any testimony, conversations, or 15 presentations by Parties or their Counsel that might reveal Protected Material. 16 Any use of Protected Material at trial shall be governed by the orders of the 17 trial judge. This Order does not govern the use of Protected Material at trial. 18 4. DURATION 19 FINAL DISPOSITION of the Action is defined as the conclusion of any 20 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 21 has run. Except as set forth below, the terms of this protective order apply through 22 FINAL DISPOSITION of the Action. The parties stipulate—and the Court so orders 23 —that the parties will be contractually bound by the terms of this agreement beyond 24 FINAL DISPOSITION, but will file a separate Action for enforcement of the 25 agreement once all proceedings in this case are complete. 26 Once a case proceeds to trial, information that was designated as 27 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 28 ONLY” or maintained pursuant to this protective order used or introduced as an 6 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 7 of 21 Page ID #:330

1 exhibit at trial becomes public and will be presumptively available to all members 2 of the public, including the press, unless compelling reasons supported by specific 3 factual findings to proceed otherwise are made to the trial judge in advance of the 4 trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for 5 sealing documents produced in discovery from “compelling reasons” standard when 6 merits-related documents are part of court record). Accordingly, for such materials, 7 the terms of this protective order do not extend beyond the commencement of the 8 trial. 9 5. DESIGNATING PROTECTED MATERIAL 10 5.1 Exercise of Restraint and Care in Designating Material for Protection. 11 Each Party or Non-Party that designates information or items for protection under 12 this Order must take care to limit any such designation to specific material that 13 qualifies under the appropriate standards. The Designating Party must designate for 14 protection only those parts of material, documents, items, or oral or written 15 communications that qualify so that other portions of the material, documents, items, 16 or communications for which protection is not warranted are not swept unjustifiably 17 within the ambit of this Order. 18 Mass, indiscriminate, or routinized designations are prohibited. Designations 19 that are shown to be clearly unjustified or that have been made for an improper 20 purpose (e.g., to unnecessarily encumber the case development process or to impose 21 unnecessary expenses and burdens on other parties) may expose the Designating 22 Party to sanctions. 23 If it comes to a Designating Party’s attention that information or items that it 24 designated for protection do not qualify for protection, that Designating Party must 25 promptly notify all other Parties that it is withdrawing the inapplicable designation. 26 5.2 Manner and Timing of Designations. Except as otherwise provided in 27 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise 28 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 7 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 8 of 21 Page ID #:331

1 under this Order must be clearly so designated before the material is disclosed or 2 produced. 3 Designation in conformity with this Order requires that: 4 (a) for information in documentary form (e.g., paper or electronic 5 documents, but excluding transcripts of depositions or other pretrial or trial 6 proceedings), the Producing Party must affix, at a minimum, the legend 7 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 8 ONLY” on each page that contains protected material. If only a portion of the 9 material on a page qualifies for protection, the Producing Party also must clearly 10 identify the protected portion(s) (e.g., by making appropriate markings in the 11 margins). Material produced in native format (including but not limited to material 12 produced in Excel) containing Protected Information shall be designated by 13 (i) producing a TIFF (or similar electronic) placeholder image corresponding to the 14 native material that includes the “CONFIDENTIAL” or “HIGHLY 15 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend and (ii) including 16 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 17 ONLY” in the file name of the native material, where practicable. 18 A Party or Non-Party that makes original documents available for inspection 19 need not designate them for protection until after the inspecting Party has indicated 20 which documents it would like copied and produced. During the inspection and 21 before the designation, all of the material made available for inspection shall be 22 deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 23 EYES ONLY.” After the inspecting Party has identified the documents it wants 24 copied and produced, the Producing Party must determine which documents, or 25 portions thereof, qualify for protection under this Order. Then, before producing the 26 specified documents, the Producing Party must affix the legend “CONFIDENTIAL” 27 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that 28 contains Protected Material. If only a portion of the material on a page qualifies for 8 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 9 of 21 Page ID #:332

1 protection, the Producing Party also must clearly identify the protected portion(s) 2 (e.g., by making appropriate markings in the margins). 3 (b) for testimony given in depositions the entire deposition transcript 4 shall be treated as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 5 until thirty (30) days after receipt of the final deposition transcript by counsel for 6 witness, unless otherwise agreed at the deposition an on the record. At the deposition 7 and on the record, or in writing before the thirty (30) days have expired, the witness, 8 his or her current or former employer, or their counsel may designate portions of the 9 deposition transcript as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 10 ATTORNEYS’ EYES ONLY.” The notice shall be sent to any person known to 11 have a copy of the transcript and shall reference this Order and identify the pages 12 and lines so designated. 13 (c) for information produced in some form other than documentary 14 and for any other tangible items, the Producing Party must affix in a prominent place 15 on the exterior of the container or containers in which the information is stored the 16 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 17 EYES ONLY.” If only a portion or portions of the information warrants protection, 18 the Producing Party, to the extent practicable, shall identify the protected portion(s). 19 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 20 failure to designate qualified information or items does not, standing alone, waive 21 the Designating Party’s right to secure protection under this Order for such material. 22 Upon timely correction of a designation, the Receiving Party must make reasonable 23 efforts to assure that the material is treated in accordance with the provisions of this 24 Order. In particular, the Receiving Party must replace the inadvertently non- 25 designated material with the newly designated material and make reasonable efforts 26 to destroy the originally non-designated material. 27 28 9 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 10 of 21 Page ID #:333

1 6. CHALLENGING CONFIDENTIALITY OR PRIVILEGE 2 DESIGNATIONS 3 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 4 designation of confidentiality or privilege at any time that is consistent with the 5 Court’s Scheduling Order. 6 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 7 resolution process under Local Rule 37.1 et seq. 8 6.3 The burden of persuasion in any such challenge proceeding shall be on 9 the Designating Party. Frivolous challenges, and those made for an improper 10 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 11 parties) may expose the Challenging Party to sanctions. Unless the Designating 12 Party has waived or withdrawn the confidentiality or privilege designation, all 13 parties shall continue to afford the material in question the level of protection to 14 which it is entitled under the Producing Party’s designation until the Court rules on 15 the challenge. 16 7. ACCESS TO AND USE OF PROTECTED MATERIAL 17 7.1 Basic Principles. A Receiving Party may use Protected Material that is 18 disclosed or produced by another Party or by a Non-Party in connection with this 19 Action only for prosecuting, defending, or attempting to settle this Action. Such 20 Protected Material may be disclosed only to the categories of persons and under the 21 conditions described in this Order. When the Action has been terminated, a 22 Receiving Party must comply with the provisions of Section 13 below (FINAL 23 DISPOSITION). 24 Protected Material must be stored and maintained by a Receiving Party at a 25 location and in a secure manner that ensures that access is limited to the persons 26 authorized under this Order. 27 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 28 otherwise ordered by the court or permitted in writing by the Designating Party, a 10 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 11 of 21 Page ID #:334

1 Receiving Party may disclose any information or item designated 2 “CONFIDENTIAL” only to: 3 (a) the Receiving Party’s Outside Counsel of Record in this Action, 4 as well as employees of said Outside Counsel of Record to whom it is reasonably 5 necessary to disclose the information for this Action; 6 (b) the officers, directors, and employees (including House Counsel) 7 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 8 (c) Experts (as defined in this Order) of the Receiving Party to whom 9 disclosure is reasonably necessary for this Action and who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (d) the court and its personnel; 12 (e) court reporters and their staff; 13 (f) professional jury or trial consultants, mock jurors, and 14 Professional Vendors to whom disclosure is reasonably necessary for this Action 15 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 16 A); 17 (g) the author or recipient of a document containing the information 18 or who is identified on the face of such document as a recipient of the document 19 through means other than the discovery process in this Action; 20 (h) during their depositions, witnesses, and attorneys for witnesses, 21 in the Action to whom disclosure is reasonably necessary, provided that: (1) the 22 deposing party requests that the witness sign the “Acknowledgment and Agreement 23 to Be Bound” (Exhibit A); and (2) witnesses will not be permitted to keep any 24 confidential information unless they sign the “Acknowledgment and Agreement to 25 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered 26 by the court. Pages of transcribed deposition testimony or exhibits to depositions 27 that reveal Protected Material may be separately bound by the court reporter and 28 11 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 12 of 21 Page ID #:335

1 may not be disclosed to anyone except as permitted under this Stipulated Protective 2 Order; 3 (i) any mediator or settlement officer, and their supporting 4 personnel, mutually agreed upon by any of the parties engaged in settlement 5 discussions, who has signed the “Acknowledgment and Agreement to Be Bound” 6 (Exhibit A); and 7 (j) the Parties’ insurers, including the insurers’ support staff and 8 service organizations, who have signed the “Acknowledgment and Agreement to Be 9 Bound” (Exhibit A). 10 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 11 ONLY” Information or Items. Unless otherwise ordered by the court or permitted 12 in writing by the Designating Party, a Receiving Party may disclose any information 13 or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 14 only to: 15 (a) up to three (3) in-house counsel for the parties who either have 16 responsibility for making decisions dealing directly with the litigation of the Action, 17 or who are assisting outside counsel in the litigation of the Action and have executed 18 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (b) any individual specified in Paragraphs 7.2(a), (c), (d), (e), (f), (g), 20 or (i). 21 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 22 PRODUCED IN OTHER LITIGATION 23 If a Party is served with a subpoena or a court order issued in other litigation 24 that compels disclosure of any information or items designated in this Action as 25 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 26 ONLY,” that Party must: 27 28 12 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 13 of 21 Page ID #:336

1 (a) promptly notify in writing the Designating Party. Such 2 notification shall include a copy of the subpoena or court order to the extent 3 permitted by law; 4 (b) promptly notify in writing the party who caused the subpoena or 5 order to issue in the other litigation that some or all of the material covered by the 6 subpoena or order is subject to this Protective Order. Such notification shall include 7 a copy of this Stipulated Protective Order; and 8 (c) cooperate with respect to all reasonable procedures sought to be 9 pursued by the Designating Party whose Protected Material may be affected. 10 If the Designating Party timely seeks a protective order, the Party served with 11 the subpoena or court order shall not produce any information designated in this 12 Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 13 EYES ONLY” before a determination by the court from which the subpoena or order 14 issued, unless the Party has obtained the Designating Party’s permission. The 15 Designating Party shall bear the burden and expense of seeking protection in that 16 court of its confidential material and nothing in these provisions should be construed 17 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 18 directive from another court. 19 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 20 PRODUCED IN THIS LITIGATION 21 (a) The terms of this Order are applicable to information produced 22 by a Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 23 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by 24 Non-Parties in connection with this litigation is protected by the remedies and relief 25 provided by this Order. Nothing in these provisions should be construed as 26 prohibiting a Non-Party from seeking additional protections. 27 (b) In the event that a Party is required, by a valid discovery request, 28 to produce a Non-Party’s confidential information in its possession, and the Party is 13 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 14 of 21 Page ID #:337

1 subject to an agreement with the Non-Party not to produce the Non-Party’s 2 confidential information, then the Party shall: 3 (1) promptly notify in writing the Requesting Party and the 4 Non-Party that some or all of the information requested is subject to a confidentiality 5 agreement with a Non-Party; 6 (2) promptly provide the Non-Party with a copy of the 7 Stipulated Protective Order in this Action, the relevant discovery request(s) to the 8 extent permitted by law, and a reasonably specific description of the information 9 requested; and 10 (3) make the information requested available for inspection by 11 the Non-Party, if requested. 12 (c) If the Non-Party fails to seek a protective order from this Court 13 within 14 days of receiving the notice and accompanying information, the Receiving 14 Party may produce the Non-Party’s confidential information responsive to the 15 discovery request. If the Non-Party timely seeks a protective order, the Receiving 16 Party shall not produce any information in its possession or control that is subject to 17 the confidentiality agreement with the Non-Party before a determination by the 18 Court. Absent a court order to the contrary, the Non-Party shall bear the burden and 19 expense of seeking protection in this Court of its Protected Material. 20 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 22 Protected Material to any person or in any circumstance not authorized under this 23 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 24 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 25 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 26 or persons to whom unauthorized disclosures were made of all the terms of this 27 Order, and (d) request such person or persons to execute the “Acknowledgment and 28 Agreement to Be Bound” that is attached hereto as Exhibit A. 14 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 15 of 21 Page ID #:338

1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 11.1 No Waiver of Privilege or Clawback Rights. The production of 4 documents by a Designating Party shall, to the maximum extent permitted by law, 5 be governed by Federal Rule of Civil Procedure 26(b)(5) and Federal Rule of 6 Evidence 502 regarding the inadvertent production of material protected by the 7 attorney-client privilege, the work-product doctrine, or any other privilege or 8 protection from disclosure recognized under applicable law. A Party’s inadvertent 9 disclosure in connection with this Action of information that the Designating Party 10 believes is protected by the attorney-client privilege, the work product doctrine, or 11 any other privilege or immunity from discovery shall not constitute a waiver with 12 respect to such privilege or immunity in this or any other Action. 13 11.2 Notification by the Disclosing Party. In the event of an inadvertent 14 disclosure of information that the Designating Party believes is protected by the 15 attorney-client privilege, the work product doctrine, or any other privilege or 16 immunity from discovery, the Designating Party may provide notice in writing to 17 the Receiving Party advising of the inadvertent disclosure, requesting return of the 18 information, and asserting the basis of the clawback request. Upon such notice, the 19 Receiving Party shall make no further use of the information, shall immediately 20 segregate the information in a manner that will prevent any further disclosure or 21 dissemination, and shall take reasonable steps to retrieve the information to the 22 extent it was disclosed or disseminated prior to receipt of the notice. Within ten (10) 23 business days of receiving the notice of inadvertent disclosure, the Receiving Party 24 shall take reasonable steps to return all information in its possession, custody, or 25 control that the Designating Party believes is protected, or shall provide written 26 confirmation that such information has been deleted. The Receiving Party’s 27 reasonable steps shall not require the return or destruction of information that is 28 stored on backup storage media made in accordance with regular data backup 15 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 16 of 21 Page ID #:339

1 procedures for disaster recovery purposes. Backup storage media will not be 2 restored for purposes of returning or certifying destruction of information, but such 3 retained information shall continue to be treated in accordance with this Order. 4 11.3 Notification by the Receiving Party. In the event a Receiving Party 5 receives information that appears on its face to be subject to the attorney-client 6 privilege, the work-product doctrine, or any other privilege or immunity from 7 discovery, the Receiving Party shall refrain from reviewing the information any 8 more than is essential to ascertain that the information is privileged, and shall 9 immediately notify the Designating Party in writing that he or she possesses 10 information that appears on its face to be privileged. The Designating Party shall 11 then have ten (10) business days after receiving the notice to request the return of 12 the information. If the Designating Party requests return of the information, the 13 Receiving Party shall immediately return the information to the Designating Party 14 and destroy any other copies, and confirm the return and destruction of the materials 15 in writing. 16 11.4 Challenge Process. For the avoidance of doubt, nothing in this Section 17 (11) shall preclude a Receiving Party from challenging a confidentiality or privilege 18 designation under Section 6 (Challenging Confidentiality or Privilege Designations). 19 12. MISCELLANEOUS 20 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 21 person to seek its modification by the Court in the future. 22 12.2 Right to Assert Other Objections. By stipulating to the entry of this 23 Protective Order, no Party waives any right it otherwise would have to object to 24 disclosing or producing any information or item on any ground not addressed in this 25 Stipulated Protective Order. Similarly, no Party waives any right to object on any 26 ground to use in evidence of any of the material covered by this Protective Order. 27 12.3 Filing Protected Material. A Party that seeks to file under seal any 28 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 16 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 17 of 21 Page ID #:340

1 only be filed under seal pursuant to a court order authorizing the sealing of the 2 specific Protected Material at issue. If a Party’s request to file Protected Material 3 under seal is denied by the court, then the Receiving Party may file the information 4 in the public record unless otherwise instructed by the court. 5 13. FINAL DISPOSITION 6 After the final disposition of this Action, as defined in Section 4 7 (DURATION), within 60 days, each Receiving Party must return all Protected 8 Material to the Producing Party or destroy such material. As used in this subdivision, 9 “all Protected Material” includes all copies, abstracts, compilations, summaries, and 10 any other format reproducing or capturing any of the Protected Material. Whether 11 the Protected Material is returned or destroyed, the Receiving Party must submit a 12 written certification to the Producing Party (and, if not the same person or entity, to 13 the Designating Party) by the 60 day deadline that (1) identifies (by category, where 14 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 15 that the Receiving Party has not retained any copies, abstracts, compilations, 16 summaries or any other format reproducing or capturing any of the Protected 17 Material. Notwithstanding this provision, Counsel are entitled to retain an archival 18 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 19 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 20 work product, and consultant and expert work product, even if such materials contain 21 Protected Material. Furthermore, Counsel shall not be required to return or destroy 22 information that is stored on backup storage media made in accordance with regular 23 data backup procedures for disaster recovery purposes. Any archival copies or 24 backup storage media that contain or constitute Protected Material remain subject to 25 this Protective Order as set forth in Section 4 (DURATION). 26 14. VIOLATION 27 Any violation of this Order may be punished by appropriate measures 28 including, without limitation, contempt proceedings and/or monetary sanctions. 17 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 18 of 21 Page ID #:341

1 15. MODIFICATIONS 2 This Order may be amended and superseded by any subsequent order of the 3 Court—on the Court’s own motion, upon the stipulation of the Parties, or on other 4 grounds that are appropriate under applicable law. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 18 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 19 of 21 Page ID #:342

l IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 3 Dated: February 27, 2023 LATHAM & WATKINS LLP

4 By: /s/ Timothy L. O’Mara 5 Timothy L. O’Mara (Bar No. 212731) 6 505 Montgomery Street, Suite 2000 San Francisco, California 94111-6538 7 Telephone: +1.415.391.0600 Facsimile: +1.415.395.8095 8 Email: tim.o’mara@lw.com 9 Attorneys for Defendants Ticketmaster L.L.C. and Live Nation Entertainment, Inc. 10 11 | Dated: February 27, 2023 FARUQI & FARUQI, LLP 12 13 By: /s/ Lisa T. Omoto Lisa T. Omoto (Bar No. 303830) 14 1901 Avenue of the Stars, Suite 1060 15 Los Angeles, California 90067 Telephone: wee) 256-2884 16 Facsimile: (424) 256-2885 lomoto@faruqilaw.com 18 WALSH P.L.L.C. 19 Bonner C. Walsh (pro hac vice) 1561 Long Haul Road 20 Grangevi e, Idaho 83530 Telephone: Oi) 359-2827 21 Facsimile: ( 66) 503-8206 3 bonner@walshpllc.com 43 Attorneys for Plaintiff Michelle Sterioff 04 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 25 | DATED: March 6, 2023 ST 27

HON. GAIL J. STANDISH

28 | United States Magistrate Judge

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Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 20 of 21 Page ID #:343

1 2 ATTESTATION 3 I am the ECF user whose identification and password are being used to file 4 the foregoing [Proposed] Stipulated Protective Order. Pursuant to Civil Local Rule 5 5-4.3.4(a)(2)(i), I, Timothy L. O’Mara, attest that all other signatories listed, and on 6 whose behalf the filing is submitted, concur in the filing’s content and have 7 authorized such filing. 8 9 Dated: February 27, 2023 /s/ Timothy L. O’Mara 10 Timothy L. O’Mara

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20 Case 2:22-cv-09230-GW-GJS Document 35 Filed 03/06/23 Page 21 of 21 Page ID #:344

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of Michelle Sterioff v. Live Nation Entertainment, Inc. et al., 9 2:22-cv-09230-GW-GJS (C.D. Cal.). I agree to comply with and to be bound by all 10 the terms of this Stipulated Protective Order, and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any information 13 or item that is subject to this Stipulated Protective Order to any person or entity 14 except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of 18 this action. I hereby appoint __________________________ [print or type full 19 name] of _______________________________________ [print or type full address 20 and telephone number] as my California agent for service of process in connection 21 with this action or any proceedings related to enforcement of this Stipulated 22 Protective Order. 23 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 Printed name: _______________________________ 27 Signature: _________________________________ 28 21