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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ROB KOLSON CREATIVE

PRODUCTIONS, INC. Case No. 2:18-cv-06789-VAP-GJS 11

Plaintiff, 12

PROTECTIVE ORDER

v. 13

SCOTT STANDER,

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Defendant. 16

17 18 1. A. PURPOSES AND LIMITATIONS 19 Discovery in this action is likely to involve production of confidential, 20 proprietary or private information for which special protection from public 21 disclosure and from use for any purpose other than prosecuting this litigation may 22 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 23 enter the following Stipulated Protective Order. The parties acknowledge that this 24 Order does not confer blanket protections on all disclosures or responses to 25 discovery and that the protection it affords from public disclosure and use extends 26 only to the limited information or items that are entitled to confidential treatment 27 under the applicable legal principles. 1 B. GOOD CAUSE STATEMENT 2 Good cause appears in this case as both Scott Stander and The Stander Group, 3 Inc. (“TSG”) have already, or will be producing to Plaintiff certain documentary 4 information, including, but not limited to, income tax returns, bank statements, third 5 party contracts, the identity of persons/entities having a financial relationship with 6 TSG, payments to and from third parties, bank account information from Citibank, 7 N.A, among others. Some of this information has already been produced to Plaintiff 8 by Citibank, N.A. pursuant to a debtor exam subpoena, which should all be subject 9 to this Protective Order. The Protected Material shall include all of those documents 10 produced by, or to be produced by, TSG and other third parties including, but not 11 limited to, the following: 1) Plaintiff’s Schedule A to its debtor exam subpoena to 12 Citibank, N.A/, dated July 10, 2019, 2) Plaintiff’s Attachment 2 to its debtor exam 13 subpoena to TSG, dated July 18, 2019, 3) Plaintiff’s Attachment A to its debtor 14 exam subpoena to Rita L. McKenzie, dated September 11, 2019, 4) Plaintiff’s 15 Attachment A to its debtor exam subpoena to Synchrony Bank, dated September 11, 16 2019, 5) Plaintiff’s Attachment 1 to Plaintiff’s debtor exam to Craig J. Muench, 17 CPA, dated October 12, 2019, and 6) Plaintiff’s Attachment A to its debtor exam 18 subpoena to American Express. 19 Among other things, this action is likely to involve trade secrets, customer 20 and pricing lists and other valuable research, development, commercial, financial, 21 technical and/or proprietary information, confidential and privacy rights of third 22 party individuals, for which special protection from public disclosure and from use 23 for any purpose other than prosecution of this Action and derivative or related 24 actions is warranted. Such confidential and proprietary materials and information 25 consist of, among other things, confidential business or financial information, 26 information regarding confidential business practices, or other confidential research, 27 development, or commercial information (including information implicating privacy 1 which may be privileged or otherwise protected from disclosure under state or 2 federal statutes, court rules, case decisions, or common law. Accordingly, to 3 expedite the flow of information, to facilitate the prompt resolution of disputes over 4 confidentiality of discovery materials, to adequately protect information the parties 5 are entitled to keep confidential, to ensure that the parties are permitted reasonable 6 necessary uses of such material in any debtor exam proceedings, preparation for and 7 in the conduct of trial, to address their handling at the end of the litigation, and serve 8 the ends of justice, a protective order for such information is justified in this matter. 9 It is the intent of the parties that information will not be designated as confidential 10 for tactical reasons and that nothing be so designated without a good faith belief that 11 it has been maintained in a confidential, non-public manner, and there is good cause 12 why it should not be part of the public record of this case. 13 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 14 The parties further acknowledge, as set forth in Section 12.3, below, that this 15 Stipulated Protective Order does not entitle them to file confidential information 16 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 17 and the standards that will be applied when a party seeks permission from the court 18 to file material under seal. 19 There is a strong presumption that the public has a right of access to judicial 20 proceedings and records in civil cases. In connection with non-dispositive motions, 21 good cause must be shown to support a filing under seal. See Kamakana v. City and 22 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 23 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 24 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 25 require good cause showing), and a specific showing of good cause or compelling 26 reasons with proper evidentiary support and legal justification, must be made with 27 respect to Protected Material that a party seeks to file under seal. The parties’ mere 1 without the submission of competent evidence by declaration, establishing that the 2 material sought to be filed under seal qualifies as confidential, privileged, or 3 otherwise protectable—constitute good cause. 4 Further, if a party requests sealing related to a dispositive motion or trial, then 5 compelling reasons, not only good cause, for the sealing must be shown, and the 6 relief sought shall be narrowly tailored to serve the specific interest to be protected. 7 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 8 each item or type of information, document, or thing sought to be filed or introduced 9 under seal in connection with a dispositive motion or trial, the party seeking 10 protection must articulate compelling reasons, supported by specific facts and legal 11 justification, for the requested sealing order. Again, competent evidence supporting 12 the application to file documents under seal must be provided by declaration. 13 Any document that is not confidential, privileged, or otherwise protectable in 14 its entirety will not be filed under seal if the confidential portions can be redacted. 15 If documents can be redacted, then a redacted version for public viewing, omitting 16 only the confidential, privileged, or otherwise protectable portions of the document, 17 shall be filed. Any application that seeks to file documents under seal in their 18 entirety should include an explanation of why redaction is not feasible. 19 2. DEFINITIONS 20 2.1 Action: The pending federal lawsuit Rob Kolson Creative Productions, 21 Inc. v. Scott Stander – USDC Case No. 2:18-cv-06789-VAP-GJS, and derivative or 22 related cases, whether filed in district court, bankruptcy court, or state court, relating 23 to an effort to collect upon the underlying debt. 24 2.2 Challenging Party: a Party, or Non-Party, that challenges the 25 designation of information or items under this Order. 26 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 27 how it is generated, stored or maintained) or tangible things that qualify for 1 the Good Cause Statement. 2 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 3 their support staff). 4 2.5 Designating Party: a Party (“Scott Stander”), or Non-Party (“The 5 Stander Group, Inc.”) that designates information or items that it produces in 6 disclosures or in responses to discovery as “CONFIDENTIAL.” 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 20 party to this Action but are retained to represent or advise a party to this Action and 21 have appeared in this Action on behalf of that party or are affiliated with a law firm 22 that has appeared on behalf of that party, and includes support staff. 23 2.11 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 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 27 Discovery Material in this Action. 1 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 2 demonstrations, and organizing, storing, or retrieving data in any form or medium) 3 and their employees and subcontractors. 4 2.14 Protected Material: any Disclosure or Discovery Material that is 5 designated as “CONFIDENTIAL.” 6 2.15 Receiving Party: a Party that receives Disclosure or Discovery 7 Material from a Producing Party. 3. SCOPE 8 The protections conferred by this Stipulation and Order cover not only 9 Protected Material (as defined above), but also (1) any information copied or 10 extracted from Protected Material; (2) all copies, excerpts, summaries, or 11 compilations of Protected Material; and (3) any testimony, conversations, or 12 presentations by Parties or their Counsel that might reveal Protected Material. 13 Any use of Protected Material at trial shall be governed by the orders of the 14 trial judge. This Order does not govern the use of Protected Material at trial. 15 4. DURATION 16 The terms of this protective order apply through FINAL DISPOSITION of 17 the pending federal action (which is a post judgment proceeding to enforce a 18 Missouri federal court judgment in favor of Plaintiff and against Defendant Scott 19 Stander), including any information and documentation that may be produced in the 20 pending federal action, or other related actions as defined in Par. 2.1 above. 21 FINAL DISPOSITION of the action is defined as any final Order in the 22 pending federal action, or other related actions as defined in Par. 2.1 above, or the 23 conclusion of any appellate proceedings, or, if no appeal is taken, when the time for 24 filing of an appeal has run. 25

26 5. DESIGNATING PROTECTED MATERIAL 27 1 Each Party or Non-Party that designates information or items for protection under 2 this Order must take care to limit any such designation to specific material that 3 qualifies under the appropriate standards. The Designating Party must designate for 4 protection only those parts of material, documents, items or oral or written 5 communications that qualify so that other portions of the material, documents, items 6 or communications for which protection is not warranted are not swept unjustifiably 7 within the ambit of this Order. 8 Mass, indiscriminate or routinized designations are prohibited. Designations 9 that are shown to be clearly unjustified or that have been made for an improper 10 purpose (e.g., to unnecessarily encumber the case development process or to impose 11 unnecessary expenses and burdens on other parties) may expose the Designating 12 Party to sanctions. 13 If it comes to a Designating Party’s attention that information or items that it 14 designated for protection do not qualify for protection, that Designating Party must 15 promptly notify all other Parties that it is withdrawing the inapplicable designation. 16 5.2 Manner and Timing of Designations. Except as otherwise provided in 17 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 18 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 19 under this Order must be clearly so designated before the material is disclosed or 20 produced. 21 Designation in conformity with this Order requires: 22 (a) for information in documentary form (e.g., paper or electronic 23 documents, but excluding transcripts of depositions or other pretrial or trial 24 proceedings), that the Producing Party affix at a minimum, the legend 25 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 26 contains protected material. If only a portion of the material on a page qualifies for 27 protection, the Producing Party also must clearly identify the protected portion(s) 1 A Party or Non-Party that makes original documents available for inspection 2 need not designate them for protection until after the inspecting Party has indicated 3 which documents it would like copied and produced. During the inspection and 4 before the designation, all of the material made available for inspection shall be 5 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 6 documents it wants copied and produced, the Producing Party must determine which 7 documents, or portions thereof, qualify for protection under this Order. Then, 8 before producing the specified documents, the Producing Party must affix the 9 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 10 portion of the material on a page qualifies for protection, the Producing Party also 11 must clearly identify the protected portion(s) (e.g., by making appropriate markings 12 in the margins). 13 (b) for testimony given in depositions that the Designating Party identifies 14 the Disclosure or Discovery Material on the record, before the close of the 15 deposition all protected testimony. 16 (c) for information produced in some form other than documentary and 17 for any other tangible items, that the Producing Party affix in a prominent place on 18 the exterior of the container or containers in which the information is stored the 19 legend “CONFIDENTIAL.” If only a portion or portions of the information 20 warrants protection, the Producing Party, to the extent practicable, shall identify the 21 protected portion(s). 22 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 23 failure to designate qualified information or items does not, standing alone, waive 24 the Designating Party’s right to secure protection under this Order for such material. 25 Upon timely correction of a designation, the Receiving Party must make reasonable 26 efforts to assure that the material is treated in accordance with the provisions of this 27 Order. 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s 4 Scheduling Order. 5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37.1 et seq. 7 6.3 The burden of persuasion in any such challenge proceeding shall be on 8 the Designating Party. Frivolous challenges, and those made for an improper 9 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 10 parties) may expose the Challenging Party to sanctions. Unless the Designating 11 Party has waived or withdrawn the confidentiality designation, all parties shall 12 continue to afford the material in question the level of protection to which it is 13 entitled under the Producing Party’s designation until the Court rules on the 14 challenge. 15 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 or related actions for prosecuting, defending, challenging or attempting to 20 settle this Action or related actions. Such Protected Material may be disclosed only 21 to the categories of persons and under the conditions described in this Order. When 22 the Action has been terminated, a Receiving Party must comply with the provisions 23 of section 13 below (FINAL 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 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, as 4 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) of 7 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 Professional 14 Vendors to whom disclosure is reasonably necessary for this Action and who have 15 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (g) the author or recipient of a document containing the information or a 17 custodian or other person who otherwise possessed or knew the information; 18 (h) during their depositions, witnesses, and attorneys for witnesses, in the 19 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 20 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 21 not be permitted to keep any confidential information unless they sign the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 23 agreed by the Designating Party or ordered by the court. Pages of transcribed 24 deposition testimony or exhibits to depositions that reveal Protected Material may 25 be separately bound by the court reporter and may not be disclosed to anyone except 26 as permitted under this Stipulated Protective Order; and 27 (i) any mediator or settlement officer, and their supporting personnel, 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification 7 shall include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order 9 to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall include 11 a copy of this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with 15 the subpoena or court order shall not produce any information designated in this 16 action as “CONFIDENTIAL” before a determination by the court from which the 17 subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party shall bear the burden and expense of seeking 19 protection in that court of its confidential material and nothing in these provisions 20 should be construed as authorizing or encouraging a Receiving Party in this Action 21 to disobey a lawful directive from another court. 22 23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 24 PRODUCED IN THIS LITIGATION 25 (a) The terms of this Order are applicable to information produced by a 26 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 27 produced by Non-Parties in connection with this litigation is protected by the 1 construed as prohibiting a Non-Party from seeking additional protections. 2 (b) In the event that a Party is required, by a valid discovery request, to 3 produce a Non-Party’s confidential information in its possession, and the Party is 4 subject to an agreement with the Non-Party not to produce the Non-Party’s 5 confidential information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non-Party 7 that some or all of the information requested is subject to a confidentiality 8 agreement with a Non-Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated 10 Protective Order in this Action, the relevant discovery request(s), and a reasonably 11 specific description of the information requested; and 12 (3) make the information requested available for inspection by the 13 Non-Party, if requested. 14 (c) If the Non-Party fails to seek a protective order from this court within 15 14 days of receiving the notice and accompanying information, the Receiving Party 16 may produce the Non-Party’s confidential information responsive to the discovery 17 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 18 not produce any information in its possession or control that is subject to the 19 confidentiality agreement with the Non-Party before a determination by the court. 20 Absent a court order to the contrary, the Non-Party shall bear the burden and 21 expense of seeking protection in this court of its Protected Material. 22 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 23 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 24 Protected Material to any person or in any circumstance not authorized under this 25 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 26 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 27 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 1 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 9 procedure may be established in an e-discovery order that provides for production 10 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 11 (e), insofar as the parties reach an agreement on the effect of disclosure of a 12 communication or information covered by the attorney-client privilege or work 13 product protection, the parties may incorporate their agreement in the stipulated 14 protective order submitted 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 25 may 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 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 including, 22 || without limitation, contempt proceedings and/or monetary sanctions. 23 || ITIS SO ORDERED. 24 || DATED: November 13, 2019 25 26 Up 27 28 UNITED STATES MAGISTRATE JUDGE

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 ___________ [insert formal name of the case and the 9 number and initials assigned to it by the court]. I agree to comply with and to be 10 bound by all the terms of this Stipulated Protective Order and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and punishment 12 in the nature of contempt. I solemnly promise that I will not disclose in any manner 13 any information or item that is subject to this Stipulated Protective Order to any 14 person or entity 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 for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27