1 | Michael D. Adams (State Bar No. 185835) madams @rutan.com Meredith L. Williams (State Bar No. 292888) mwilliams @rutan.com 3 | Sarah Gilmartin (State Bar No. 324665) seilmartin @rutan com 4|RUTAN & TUCKER, LLP 611 Anton Boulevard, Suite 1400 5 | Costa Mesa, California 92626-1931 Telephone: 714-641-5100 6|Facsimile: 714-546-9035 7 | Attorneys for Plaintiff 1661 INC. D/B/A GOAT 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 | 1661 INC. D/B/A/ GOAT, Case No. 2:20-cv-01144-CJC-RAO 13 Plaintiff, Assigned to: Judge Cormac J. Camey Referred to: Magistrate Judge Rozelle A 14 Vs. Oliver 15 | CLEAR SKY ASSETS INC., STIPULATED PROTECTIVE

ORDER

16 Defendant. 17 18 Plaintiff and Counterdefendant 1661 Inc. dba GOAT (“Plaintiff’ or “GOAT’’) 19 | and Defendant and Counterclaimant Clear Sky Assets, Inc. (““Defendant” or “Clear 20 | Sky’”’) (collectively with GOAT, the “Parties’’), hereby jointly stipulate and request 21 | that this court enter the following Stipulated Protective Order (“Order”) governing 22 | the production and use of confidential information: 23 24 A. PURPOSES AND LIMITATIONS 25 Discovery in this action is likely to involve production of confidential, 26 | proprietary or private information for which special protection from public 27 | disclosure and from use for any purpose other than prosecuting this litigation may 28 | be warranted. Accordingly, the parties hereby stipulate to and petition the Court to n & Tucker, LLP

] | enter the following Stipulated Protective Order. The parties acknowledge that this 2 | Order does not confer blanket protections on all disclosures or responses to 3 | discovery and that the protection it affords from public disclosure and use extends 4 | only to the limited information or items that are entitled to confidential treatment 5 | under the applicable legal principles. 6 B. GOOD CAUSE STATEMENT 7 This action is likely to involve customer and pricing lists and other valuable 8 | research, development, commercial, financial, and/or proprietary information for 9 | which special protection from public disclosure and from use for any purpose other 10 | than prosecution of this action is warranted. Such confidential and proprietary 11 | materials and information consist of, among other things, confidential business or 12 | financial information, information regarding confidential business practices, 13 | information regarding purchase and sale prices of materials by suppliers, 14 | manufacturers, importers or distributors, information regarding business practices, 15 | information regarding the creation, purchase or sale of consumer products, or other 16 | confidential research, development, or commercial information (including 17 | information implicating privacy rights of third parties), information otherwise 18 | generally unavailable to the public, or which may be privileged or otherwise 19 | protected from disclosure under state or federal statutes, court rules, case decisions, 20 | or common law. Accordingly, to expedite the flow of information, to facilitate the 21 | prompt resolution of disputes over confidentiality of discovery materials, to 22 | adequately protect information the parties are entitled to keep confidential, to ensure 23 | that the parties are permitted reasonable necessary uses of such material in 24 | preparation for and in the conduct of trial, to address their handling at the end of the 25 | litigation, and serve the ends of justice, a protective order for such information is 26 | justified in this matter. It is the intent of the parties that information will not be 27 | designated as confidential for tactical reasons and that nothing be so designated 28 | without a good faith belief that it has been maintained in a confidential, non-public n & Tucker, LLP

1 | manner, and there is good cause why it should not be part of the public record of this 2 || 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 16 | require good cause showing), and a specific showing of good cause or compelling 17 | reasons with proper evidentiary support and legal justification, must be made with 18 | respect to Protected Material that a party seeks to file under seal. The parties’ mere 19 | designation of Disclosure or Discovery Material as “CONFIDENTIAL” or 20 | “ATTORNEYS’ EYES ONLY” does not— without the submission of competent 21 | evidence by declaration, establishing that the material sought to be filed under seal 22 | qualifies as confidential, privileged, or otherwise protectable—constitute good 23 || 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 n & Tucker, LLP

] | 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, 8 | omitting only the confidential, privileged, or otherwise protectable portions of the 9 | document, shall be filed. Any application that seeks to file documents under seal in 10 | their entirety should include an explanation of why redaction is not feasible. 11

DEFINITIONS

13 2.1 Action: this pending federal lawsuit. 14 2.2 Challenging Party: a Party or Non-Party that challenges the 15 | designation of information or items under this Order. 16 2.3. “CONFIDENTIAL” Information or Items: information (regardless of 17 | how it is generated, stored or maintained) or tangible things that qualify for 18 | protection under Federal Rule of Civil Procedure 26(c), and as specified above in 19 | the Good Cause Statement. 20 24 “ATTORNEYS’ EYES ONLY” Information or Items: information 21 | (regardless of how it is generated, stored or maintained) or tangible things that 22 | qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified 23 | above in the Good Cause Statement that, due to the inherent competitive advantage 24 | maintained by one or both parties is only viewable by counsel for the parties and 25 | other persons specified below. 26 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 27 | their support staff). 28 2.6 Designating Party: a Party or Non-Party that designates information or n & Tucker, LLP

] | items that it produces in disclosures or in responses to discovery as 2 | “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” 3 2.7 Disclosure or Discovery Material: all items or information, regardless 4 | of the medium or manner in which it is generated, stored, or maintained (including, 5 | among other things, testimony, transcripts, and tangible things), that are produced or 6 | generated in disclosures or responses to discovery in this matter. 7 2.8 Expert: a person with specialized knowledge or experience in a matter 8 | pertinent to the litigation who has been retained by a Party or its counsel to serve as 9 | an expert witness or as a consultant in this Action. 10 2.9 House Counsel: attorneys who are employed as in-house counsel of a 11 | party to this Action. House Counsel does not include Outside Counsel of Record or 12 | any other outside counsel. 13 2.10 Non-Party: any natural person, partnership, corporation, association or 14 | other legal entity not named as a Party to this action. 15 2.11 Outside Counsel of Record: attorneys who are not employees of a 16 | party to this Action but are retained to represent or advise a party to this Action and 17 | have appeared in this Action on behalf of that party or are affiliated with a law firm 18 | that has appeared on behalf of that party, and includes support staff. 19 2.12 Party: any party to this Action, including all of its officers, directors, 20 | employees, consultants, retained experts, and Outside Counsel of Record (and their 21 | support staffs). 22 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 23 | Discovery Material in this Action. 24 2.14 Professional Vendors: persons or entities that provide litigation 25 | support services (e.g., photocopying, videotaping, translating, preparing exhibits or 26 | demonstrations, and organizing, storing, or retrieving data in any form or medium) 27 | and their employees and subcontractors. 28 2.15 Protected Material: any Disclosure or Discovery Material that is n & Tucker, LLP

] | designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” 2 2.16 Receiving Party: a Party that receives Disclosure or Discovery 3 | Material from a Producing Party. 5 3. SCOPE 6 The protections conferred by this Stipulation and Order cover not only 7 | Protected Material (as defined above), but also (1) any information copied or 8 | extracted from Protected Material; (2) all copies, excerpts, summaries, or 9 | compilations of Protected Material; and (3) any testimony, conversations, or 10 | presentations by Parties or their Counsel that might reveal Protected Material. 11 Any use of Protected Material at trial shall be governed by the orders of the 12 | trial judge. This Order does not govern the use of Protected Material at trial. 13 4. DURATION 15 Once a case proceeds to trial, information that was designated as 16 | CONFIDENTIAL, ATTORNEYS’ EYES ONLY, or maintained pursuant to this 17 | protective order used or introduced as an exhibit at trial becomes public and will be 18 | presumptively available to all members of the public, including the press, unless 19 | compelling reasons supported by specific factual findings to proceed otherwise are 20 | made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 21 | (distinguishing “good cause” showing for sealing documents produced in discovery 22 | from “compelling reasons” standard when merits-related documents are part of court 23 | record). Accordingly, the terms of this protective order do not extend beyond the 24 | commencement of the trial for materials used or introduced as an exhibit at trial. 25 For all other materials that are designated as CONFIDENTIAL or 26 | ATTORNEYS’ EYES ONLY, but not used or introduced as an exhibit at trial, the 27 | confidentiality obligations imposed by this order shall remain in effect even after 28 | final disposition of this litigation until a Designating Party agrees otherwise in n & Tucker, LLP

] | writing or a court order otherwise directs. Final disposition shall be deemed to be 2 | the later of (1) dismissal of all claims and defenses in this Action, with or without 3 | prejudice; and (2) final judgment herein after the completion and exhaustion of all 4 | appeals, rehearings, remands, trials, or reviews of this Action, including the time 5 | limits for filing any motions or applications for extension of time pursuant to 6 | applicable law. After final disposition of this action, a Designating Party may make 7 | a written request that a Receiving Party destroy all copies of the Designating Party’s 8 | materials designated pursuant to this protective order that have not become part of 9 | the public record through use at trial or other hearing. The Receiving Party will do 10 | so and provide confirmation within sixty (60) days that it has done so. 11

DESIGNATING PROTECTED MATERIAL

13 5.1 Exercise of Restraint and Care in Designating Material for Protection. 14 | Each Party or Non-Party that designates information or items for protection under 15 | this Order must take care to limit any such designation to specific material that 16 | qualifies under the appropriate standards. The Designating Party must designate for 17 | protection only those parts of material, documents, items or oral or written 18 | communications that qualify so that other portions of the material, documents, items 19 | or communications for which protection is not warranted are not swept unjustifiably 20 | within the ambit of this Order. 21 Mass, indiscriminate or routinized designations are prohibited. Designations 22 | that are shown to be clearly unjustified or that have been made for an improper 23 | purpose (e.g., to unnecessarily encumber the case development process or to impose 24 | unnecessary expenses and burdens on other parties) may expose the Designating 25 | Party to sanctions. 26 If it comes to a Designating Party’s attention that information or items that it 27 | designated for protection do not qualify for protection, that Designating Party must 28 | promptly notify all other Parties that it is withdrawing the inapplicable designation. n & Tucker, LLP

] | Provided, however, that a good faith disagreement regarding qualification for 2 | protection shall not constitute “coming to a Designating Party’s attention” for 3 | purposes of this provision. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in 5 | this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 6 | stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 7 | under this Order must be clearly so designated before the material is disclosed or 8 | produced. 9 Designation in conformity with this Order requires: 10 (a) for information in documentary form (e.g., paper or electronic 11 | documents, but excluding transcripts of depositions or other pretrial or trial 12 | proceedings), that the Producing Party affix at a minimum, the legend 13 | “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”’) or the legend 14 | “ATTORNEYS EYES ONLY” (hereinafter “ATTORNEYS EYES ONLY legend’), 15 | to each page that contains protected material. If only a portion of the material on a 16 | page qualifies for protection, the Producing Party also must clearly identify the 17 | protected portion(s) (e.g., by making appropriate markings in the margins). 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 “ATTORNEYS’ EYES ONLY.” After the 23 | inspecting Party has identified the documents it wants copied and produced, the 24 | Producing Party must determine which documents, or portions thereof, qualify for 25 | protection under this Order. Then, before producing the specified documents, the 26 | Producing Party must affix the “CONFIDENTIAL legend” or the “ATTORNEYS’ 27 | EYES ONLY legend” to each page that contains Protected Material. If only a 28 | portion of the material on a page qualifies for protection, the Producing Party also n & Tucker, LLP

1 | must clearly identify the protected portion(s) (e.g., by making appropriate markings 2 | in the margins). 3 (b) for testimony given in depositions, the Designating Party must 4 | identify that the transcript contains Disclosure or Discovery Material on the record. 5 | Further, within ten (10) days of receiving the final transcript of the deposition, the 6 | Designating Party must identify the specific page and line numbers in the deposition 7 | transcript containing Disclosure or Discovery Material. 8 (c) for information produced in some form other than documentary 9 | and for any other tangible items, that the Producing Party affix in a prominent place 10 | on the exterior of the container or containers in which the information is stored the 11 | legend “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” If only a portion or 12 | portions of the information warrants protection, the Producing Party, to the extent 13 | practicable, shall identify the protected portion(s). 14 5.3. Inadvertent Failures to Designate. If notice is given within a 15 | reasonable time of a Designating Party’s discovery of an inadvertent failure to 16 | designate qualified information or items, such inadvertent failure to designate 17 | qualified information or items does not, standing alone, waive the Designating 18 | Party’s right to secure protection under this Order for such material. Upon receiving 19 | such notice of a designation, the Receiving Party must make reasonable efforts to 20 | assure that the material is treated in accordance with the provisions of this Order. 21 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 25 | Scheduling Order. 26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 27 | resolution process under Local Rule 37.1 et seq. 28 6.3. The burden of persuasion in any such challenge proceeding shall be on n & Tucker, LLP

] | the Designating Party. Frivolous challenges, and those made for an improper 2 | purpose (e.g., to harass or impose unnecessary expenses and burdens on other 3 | parties) may expose the Challenging Party to sanctions. Unless the Designating 4 | Party has waived or withdrawn the confidentiality designation, all parties shall 5 | continue to afford the material in question the level of protection to which it is 6 | entitled under the Producing Party’s designation until the Court rules on the 7 | challenge. 9|7. ACCESS TO AND USE OF PROTECTED MATERIAL 10 7.1 Basic Principles. A Receiving Party may use Protected Material that is 11 | disclosed or produced by another Party or by a Non-Party in connection with this 12 | Action only for prosecuting, defending or attempting to settle this Action. Such 13 | Protected Material may be disclosed only to the categories of persons and under the 14 | conditions described in this Order. When the Action has been terminated, a 15 | Receiving Party must comply with the provisions of section 13 below (FINAL 16 | DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a 18 | location and in a secure manner that ensures that access is limited to the persons 19 | authorized under this Order. 20 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless 21 | otherwise ordered by the court or permitted in writing by the Designating Party, a 22 | Receiving Party may disclose any information or item designated 23 | “CONFIDENTIAL” only to: 24 (a) the Receiving Party’s Outside Counsel of Record in this Action, 25 | as well as employees of said Outside Counsel of Record to whom it is reasonably 26 || necessary to disclose the information for this Action; 27 (b) _ the officers, directors, and employees (including House Counsel) 28 | of the Receiving Party to whom disclosure is reasonably necessary for this Action; n & Tucker, LLP

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

1 | and House Counsel to whom disclosure is reasonably necessary for this Action; 2 (b) Experts (as defined in this Order) of the Receiving Party to 3 | whom disclosure is reasonably necessary for this Action and who have signed the 4 | “Acknowledgment and Agreement to Be Bound” (Exhibit A); 5 (c) the court and its personnel; 6 (d) court reporters and their staff; 7 (e) professional jury or trial consultants, mock jurors, and 8 | Professional Vendors to whom disclosure is reasonably necessary for this Action 9 | and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 10] A); 11 (f) the author or recipient of a document containing the information 12 | or a custodian or other person who otherwise possessed or knew the information; 13 (g) any mediator or settlement officer, and their supporting 14 | personnel, mutually agreed upon by any of the parties engaged in settlement 15 | discussions. 16 17/8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 18 PRODUCED IN OTHER LITIGATION 19 If a Party is served with a subpoena or a court order issued in other litigation 20 | that compels disclosure of any information or items designated in this Action as 21 | “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” that Party must: 22 (a) promptly notify in writing the Designating Party. Such 23 | notification shall include a copy of the subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena or 25 | order to issue in the other litigation that some or all of the material covered by the 26 | subpoena or order is subject to this Protective Order. Such notification shall include 27 | a copy of this Stipulated Protective Order; and 28 (c) | cooperate with respect to all reasonable procedures sought to be n & Tucker, LLP

] | pursued by the Designating Party whose Protected Material may be affected. 2 If the Designating Party timely seeks a protective order, the Party served with 3 | the subpoena or court order shall not produce any information designated in this 4 | action as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a 5 | determination by the court from which the subpoena or order issued, unless the 6 | Party has obtained the Designating Party’s permission. The Designating Party shall 7 | bear the burden and expense of seeking protection in that court of its confidential 8 | material and nothing in these provisions should be construed as authorizing or 9 | encouraging a Receiving Party in this Action to disobey a lawful directive from 10 | another court. 11 ]9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 13 PRODUCED IN THIS LITIGATION 14 (a) The terms of this Order are applicable to information produced 15 | by a Non-Party in this Action and designated as “CONFIDENTIAL” or 16 | “ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in 17 | connection with this litigation is protected by the remedies and relief provided by 18 | this Order. Nothing in these provisions should be construed as prohibiting a Non- 19 | Party from seeking additional protections. 20 (b) In the event that a Party is required, by a valid discovery request, 21 | to produce a Non-Party’s confidential information in its possession, and the Party is 22 | subject to an agreement with the Non-Party not to produce the Non-Party’s 23 | confidential information, then the Party shall: 24 (1) promptly notify in writing the Requesting Party and the 25 | Non-Party that some or all of the information requested is subject to a 26 | confidentiality agreement with a Non-Party; 27 (2) promptly provide the Non-Party with a copy of the 28 | Stipulated Protective Order in this Action, the relevant discovery request(s), and a n & Tucker, LLP

] | reasonably specific description of the information requested; and 2 (3) make the information requested available for inspection by 3 | the Non-Party, if requested. 4 (c) Ifthe Non-Party fails to seek a protective order from this court 5 | within 14 days of receiving the notice and accompanying information, the Receiving 6 | Party may produce the Non-Party’s confidential information responsive to the 7 | discovery request. If the Non-Party timely seeks a protective order, the Receiving 8 | Party shall not produce any information in its possession or control that is subject to 9 | the confidentiality agreement with the Non-Party before a determination by the 10 | court. Absent a court order to the contrary, the Non-Party shall bear the burden and 11 | expense of seeking protection in this court of its Protected Material. 12 13}10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 14 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 15 | Protected Material to any person or in any circumstance not authorized under this 16 | Stipulated Protective Order, the Receiving Party must immediately (a) notify in 17 | writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 18 | to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 19 | persons to whom unauthorized disclosures were made of all the terms of this Order, 20 | and (d) request such person or persons to execute the “Acknowledgment and 21 | Agreement to Be Bound” that is attached hereto as Exhibit A. 22 23}11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 24 PROTECTED MATERIAL 25 When a Producing Party gives notice to Receiving Parties that certain 26 | inadvertently produced material is subject to a claim of privilege or other protection, 27 | or when a Receiving Party reasonably suspects that it has received privileged 28 | documents or information that the Producing Party inadvertently produced, the n & Tucker, LLP

1 | obligations of the Receiving Parties are those set forth in Federal Rule of Civil 2 | Procedure 26(b)(5)(B) and California Rule of Professional Conduct, Rule 4.4, i.e. 3 | that the Receiving Party will refrain from using or examining the material any 4 further and shall promptly notify the Producing Party of the potential inadvertent 5 | disclosure, and — on notification or confirmation from the Producing Party that the 6 | material was privileged and inadvertently disclosed — shall promptly return, 7 | sequester, or destroy the specified information and any copies it has and take 8 | reasonable steps to retrieve the information if the Receiving Party disclosed it before 9 | being notified. The parties will work together to resolve any disputes as to whether 10 | materials at issue are protected by privilege, with guidance from the Court as 11 | necessary. 12 Pursuant to Federal Rule of Evidence 502(d) and (e), the Parties agree that the 13 | inadvertent or unintentional production of privileged material shall not be deemed a 14 | waiver in whole or in part of a party’s claim of privilege. The Parties agree that 15 | prompt notice or confirmation of an inadvertent disclosure constitutes reasonable 16 | steps to rectify the error pursuant to Federal Rule of Evidence 502(b). This 17 | provision is not intended to modify whatever procedure may be established in an e- 18 | discovery order that provides for production without prior privilege review. 19 20}12. MISCELLANEOUS 21 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 22 | person to seek its modification by the Court in the future. 23 12.2 Right to Assert Other Objections. By stipulating to the entry of this 24 | Protective Order, no Party waives any right it otherwise would have to object to 25 | disclosing or producing any information or item on any ground not addressed in this 26 | Stipulated Protective Order. Similarly, no Party waives any right to object on any 27 | ground to use in evidence of any of the material covered by this Protective Order. 28 12.3. Filing Protected Material. A Party that seeks to file under seal any n & Tucker, LLP

1 | Protected Material must comply with Local Civil Rule 79-5. Protected Material 2 | may only be filed under seal pursuant to a court order authorizing the sealing of the 3 | specific Protected Material at issue. If a Party’s request to file Protected Material 4 | under seal is denied by the court, then the Receiving Party may file the information 5 | in the public record unless otherwise instructed by the court. 7113. FINAL DISPOSITION 8 After the final disposition of this Action, as defined in paragraph 4, within 60 9 | days of a written request by the Designating Party, each Receiving Party must return 10 all Protected Material to the Producing Party or destroy such material. As used in 11 | this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 12 | summaries, and any other format reproducing or capturing any of the Protected 13 | Material. Whether the Protected Material is returned or destroyed, the Receiving 14 | Party must submit a written certification to the Producing Party (and, if not the same 15 | person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 16 | (by category, where appropriate) all the Protected Material that was returned or 17 | destroyed and (2) affirms that the Receiving Party has not retained any copies, 18 | abstracts, compilations, summaries or any other format reproducing or capturing any 19 | of the Protected Material. Notwithstanding this provision, Counsel are entitled to 20 | retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 21 | transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 22 | reports, attorney work product, and consultant and expert work product, even if such 23 | materials contain Protected Material. Any such archival copies that contain or 24 | constitute Protected Material remain subject to this Protective Order as set forth in 25 | Section 4 (DURATION). 26 // 27 // 28 // Tucker, LLP

1/14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures 3 | including, without limitation, contempt proceedings and/or monetary sanctions. 5 | IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 DATED: June 12, 2020

8 _/s/ Meredith Williams Meredith Williams ? Attorneys for Plaintiff 10 | 1661 Inc., d/b/a GOAT 11 12|DATED: June 12, 2020 13 “ys /s/ William Thomson 14 | William Thomson 1s Attorneys for Defendant Clear Sky Assets, Inc. 16 7 L.R. 5-4.3.4 Attestation Regarding Signature 18 The electronic filer attests that all other signatories listed and on whose behalf 19 | the filing is submitted concur in the filing’s content and have authorized the filing. 20 Dated: June 15, 2020 By: /s/ Meredith Williams 21 Meredith Williams 22 23 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 24 DATED: June 15, 2020 25 . 26 | __W!____

HON. ROZELLA A. OLIVER

27 | United States Magistrate Judge 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], of 4 [print or type full address], 5 | declare under penalty of perjury that I have read in its entirety and understand the 6 | Stipulated Protective Order that was issued by the United States District Court for 7 | the Central District of California on [date] in the case of 166/ 8 | Inc. v. Clear Sky Assets, Inc., case no. 2:20-cv-01144-CJC-RAO. I agree to comply 9 | with and to be bound by all the terms of this Stipulated Protective Order and I 10 | understand and acknowledge that failure to so comply could expose me to sanctions 11 | and punishment in the nature of contempt. I solemnly promise that I will not 12 | disclose in any manner any information or item that is subject to this Stipulated 13 | Protective Order to any person or entity except in strict compliance with the 14 | provisions of this Order. I further agree to submit to the jurisdiction of the United 15 | States District Court for the Central District of California for enforcing the terms of 16 | this Stipulated Protective Order, even if such enforcement proceedings occur after 17 | termination of this action. I hereby appoint 18 | [print or type full name] of [print or type full 19 | address and telephone number] as my California agent for service of process in 20 | connection with this action or any proceedings related to enforcement of this 21 | Stipulated Protective Order. 22 23 | Date: 24 | City and State where sworn and signed: 25 26 | Printed name: 27 | Signature: 28 Tucker, LLP