1 Richard S. Busch (SBN 319881) E-Mail: rbusch@kingballow.com 2 KING & BALLOW 1999 Avenue of the Stars, Suite 1100 3 Century City, CA 90067 Telephone: (424) 253-1255 4 Facsimile: (888) 688-0482 NOTE: CHANGES MADE BY THE COURT Attorneys for Plaintiff 5

6

7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

11 ARTEM STOLIAROV p/k/a ARTY, Case No.: 2:19-cv-3934-PSG (JPRx) an individual, 12 Hon. Philip S. Gutierrez PLAINTIFF, Hon. Jean P. Rosenbluth 13 vs. [DISCOVERY MATTER] 14

STIPULATED PROTECTIVE

15 MARSHMELLO CREATIVE, LLC, a ORDER Delaware Limited Liability Company; 16 CHRISTOPHER COMSTOCK p/k/a MARSHMELLO, an individual; Am. Compl. Filed: Aug. 9, 2019 17 JOYTIME COLLECTIVE LLC, a Discovery Cutoff: Jan. 13, 2021 Delaware Limited Liability Company; Final Pretrial Conf.: Apr. 19, 2021 18 DANIEL CAMPBELL SMITH, an Trial Date: Apr. 27, 2021 individual; STEVEN MCCUTCHEON 19 p/k/a STEVE MAC, an individual; MARSHMELLO MUSIC LLC, a 20 Delaware Limited Liability Company; ROKSTONE MUSIC LIMITED, a 21 United Kingdom Private Limited Company; WWKD LIMITED, a 22 United Kingdom Private Limited Company; KOBALT MUSIC 23 PUBLISHING AMERICA, INC., a Delaware Corporation; POLYGRAM 24 PUBLISHING, INC. d/b/a

UNIVERSAL POLYGRAM

25 INTERNATIONAL PUBLISHING, a Delaware Corporation, 26

DEFENDANTS.

27 1 Plaintiff Artem Stoliarov p/k/a Arty (“Plaintiff”) and Defendants Marshmello 2 Creative, LLC; the artist p/k/a Marshmello; Joytime Collective LLC; Marshmello 3 Music LLC; Daniel Campbell Smith; Steven McCutcheon; Rokstone Music 4 Limited; WWKD Limited; Polygram Publishing, Inc.; and Kobalt Music Publishing 5 America, Inc. (collectively, “Defendants”) hereby stipulate to the following 6 Stipulated Protective Order (“Protective Order” or “Order”) limiting the disclosure 7 and use of certain discovered information, as set forth herein. 8 1. GENERAL PROVISIONS 9 1.1. PURPOSES AND LIMITATIONS 10 Discovery in this action is likely to involve production of confidential, 11 proprietary, or private information for which special protection from public 12 disclosure and from use for any purpose outside of this litigation may be warranted. 13 Accordingly, to facilitate the exchange of information and documents that may be 14 subject to confidentiality limitations on disclosure under federal laws, state laws, 15 and/or privacy rights, the Parties hereby stipulate to, and petition the Court to enter, 16 this Protective Order. 17 1.2 GOOD CAUSE STATEMENT 18 This action is likely to involve trade secrets, customer and pricing lists, and 19 other valuable research, development, commercial, financial, technical, and/or 20 proprietary information for which special protection from public disclosure and 21 from use for any purpose other than prosecution of this action may be warranted. 22 Such confidential and proprietary materials and information may consist of, among 23 other things, confidential business or financial information, information regarding 24 confidential business practices, or other confidential research, development, or 25 commercial information (including information implicating privacy rights of third 26 parties), information otherwise generally unavailable to the public, or which may 27 be privileged or otherwise protected from disclosure under state or federal statutes, 1 court rules, case decisions, or common law. Accordingly, to expedite the flow of 2 information, to facilitate the prompt resolution of disputes over confidentiality of 3 discovery materials, to adequately protect information the Parties are entitled to 4 keep confidential, to ensure that the Parties are permitted reasonable necessary uses 5 of such material in preparation for trial, to address their handling at the end of the 6 litigation, and serve the ends of justice, a protective order for such information is 7 justified in this matter. It is the intent of the Parties that information will not be 8 designated as confidential for tactical reasons and that nothing be so designated 9 without a good faith belief that it has been maintained in a confidential, non-public 10 manner, and there is good cause why it should not be part of the public record of 11 this case. 12 1.3 ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 13 The Parties further acknowledge, as set forth in Section 12.3, below, that this 14 Stipulated Protective Order does not entitle them to file confidential information 15 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 16 and the standards that will be applied when a Party seeks permission from the Court 17 to file material under seal. 18 There is a strong presumption that the public has a right of access to judicial 19 proceedings and records in civil cases. In connection with non-dispositive motions, 20 good cause must be shown to support a filing under seal. See Kamakana v. City and 21 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 22 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002) (even stipulated protective orders 23 require good cause showing), and a specific showing of good cause or compelling 24 reasons with proper evidentiary support and legal justification, must be made with 25 respect to Protected Material that a Party seeks to file under seal. The Parties’ mere 26 designation of Disclosure or Discovery Material as “CONFIDENTIAL” or 27 “HIGHLY CONFIDENTIAL – COUNSEL’S EYES ONLY” does not — without 1 the submission of competent evidence by declaration, establishing that the material 2 sought to be filed under seal qualifies as confidential, privileged, or otherwise 3 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, the Party seeking protection must articulate compelling reasons, 10 supported by specific facts and legal justification, for the requested sealing order. 11 Again, competent evidence supporting the application to file documents under seal 12 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 above-captioned lawsuit. 21 2.2 Challenging Party: a Party that challenges the designation of 22 information or items as confidential under this Order. 23 2.3 Confidential Information or Items: information (regardless of how it is 24 generated, stored, or maintained) or tangible things that qualify for protection under 25 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 26 Statement. 27 1 2.4 Counsel: Outside Counsel of Record and In-House Counsel (as well as 2 their support staff, employees, and Professional Vendors). 3 2.5 Designating Party: a Party or Non-Party that designates as 4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – COUNSEL’S EYES 5 ONLY” any information, documents, or items that it produces in disclosures or 6 discovery in this Action. 7 2.6 Disclosure or Discovery Material: all items or information, regardless 8 of the medium or manner in which they are generated, stored, or maintained 9 (including, among other things, testimony, transcripts, and tangible things), that are 10 produced or generated in disclosures or discovery in this Action. 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 a testifying expert witness and/or a non-testifying consultant in this Action. 14 2.8 In-House Counsel: attorneys who are employees of a Party to this 15 Action. In-House Counsel does not include Outside Counsel of Record or any other 16 outside counsel. 17 2.9 Non-Party: any natural person, partnership, corporation, association, 18 or 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 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, including support staff, employees, and 23 Professional Vendors. 24 2.11 Party: any named party to this Action, including all of its officers, 25 directors, employees, representatives, retained experts and consultants, affiliates, 26 Counsel, and Professional Vendors. 27 1 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 2 Discovery Material in this Action. 3 2.13 Professional Vendors: persons or entities that provide litigation 4 support or administrative services (e.g., photocopying, videotaping, translating, 5 preparing exhibits or demonstrations, and organizing, storing, or retrieving data in 6 any form or medium), and their employees and subcontractors. 7 2.14 Protected Material: any Disclosure or Discovery Material that is 8 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – COUNSEL’S 9 EYES ONLY” pursuant to this Protective Order. Protected Material is 10 “CONFIDENTIAL” if it is information that is non-public, proprietary, 11 commercially sensitive, and/or subject to third-party privacy or confidentiality 12 restrictions. Protected Material is “HIGHLY CONFIDENTIAL – COUNSEL’S 13 EYES ONLY” if it is information that qualifies as “CONFIDENTIAL,” is 14 extremely confidential and sensitive, and would, if disclosed to another party, create 15 risk of competitive injury. The “HIGHLY CONFIDENTIAL – COUNSEL’S EYES 16 ONLY” designation is intended to be used sparingly. 17 2.15 Receiving Party: a Party that receives Disclosure or Discovery 18 Material from a Producing Party. 19 2.16 Source Code Material: Disclosure or Discovery Material that contains 20 or substantively relates to computer source code and/or live data (that is, data as it 21 exists residing in a database or databases) and documents containing source code or 22 algorithms and data upon which the source code is based. 23 3. SCOPE 24 The protections conferred by this Protective Order cover not only Protected 25 Material, but also (1) any information copied or extracted from Protected Material; 26 (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) 27 1 any testimony, conversations, or presentations by Parties or their Counsel that might 2 reveal or contain Protected Material. 3 This Order does not contemplate the production of Source Code Material. 4 The Parties do not contemplate the production of Source Code Material in this 5 Action. In the event a Party requests that another Party make available Source Code 6 Material, the Requesting Party shall notify all Parties before engaging the Producing 7 Party in negotiations regarding a separate source code protective order and all 8 Parties will collectively negotiate a protective order governing the production of 9 Source Code Material. No Party is required to produce or make available for 10 inspection any Source Code Material until the Court has entered a separate 11 protective order governing the treatment of Source Code Material. 12 4. USE OF PROTECTED MATERIAL AT TRIAL 13 This Protective Order does not govern the use of Disclosure or Discovery 14 Material at the trial of this Action. A Party seeking to maintain the confidentiality 15 or nondisclosure of Disclosure or Discovery Material at trial must move for 16 appropriate relief from the Court. 17 5. DESIGNATING PROTECTED MATERIAL 18 5.1 Manner and Timing of Designations. Except as otherwise provided in 19 this Order (see, e.g., second paragraph of section 5.1(a) below), or as otherwise 20 stipulated or ordered, Disclosure or Discovery Material that is designated as 21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – COUNSEL’S EYES 22 ONLY” that qualifies for protection under this Order must be clearly so designated 23 before the material is disclosed or produced. 24 Designation in conformity with this Order requires: 25 (a) for information in documentary form (e.g., paper or electronic 26 documents, but excluding transcripts of depositions or other pretrial or trial 27 proceedings) that the Producing Party affix, at a minimum, the legend 1 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – COUNSEL’S EYES 2 ONLY” (hereinafter the “CONFIDENTIALITY LEGEND”) to each page that 3 contains Protected Material. 4 A Party or Non-Party that makes original documents available for inspection 5 need not designate them for protection until after the inspecting Party has indicated 6 which documents it would like copied and produced. During the inspection and 7 before the designation, all of the material made available for inspection shall be 8 deemed “HIGHLY CONFIDENTIAL – COUNSEL’S EYES ONLY.” After the 9 inspecting Party has identified the documents it wants copied and produced, the 10 Producing Party must determine which documents, or portions thereof, qualify for 11 protection under this Order. Then, before producing the specified documents, the 12 Producing Party must affix the CONFIDENTIALITY LEGEND to each page that 13 contains Protected Material. If only a portion of the material on a page qualifies for 14 protection, the Producing Party also must clearly identify the protected portion(s) 15 (e.g., by making appropriate markings in the margins). 16 (b) for deposition testimony in which a witness identifies Disclosure 17 or Discovery Material on the record, before the close of the deposition all protected 18 testimony. Alternatively, within thirty (30) days of receipt of the final certified 19 transcript of any deposition, any Party or Non-Party may request that the original 20 and all copies of the deposition transcript, in whole or in part, be marked 21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – COUNSEL’S EYES 22 ONLY.” Until thirty (30) days after the receipt of the final certified transcript of 23 any deposition, the transcript of that deposition will be subject to the protections 24 granted to “HIGHLY CONFIDENTIAL – COUNSEL’S EYES ONLY” material. 25 In the event a deposition is videotaped, the original and all copies of the videotape 26 shall be marked by the video technician to indicate that the contents of the videotape 27 are subject to this Order, substantially along the lines of “This videotape contains 1 confidential testimony used in this Action and is not to be viewed or the contents 2 thereof to be displayed or revealed except pursuant to the terms of the operative 3 Protective Order in this Action or pursuant to written stipulation of the Parties.” 4 (c) for information produced in some form other than documentary 5 form and for any other tangible items, that the Producing Party affix in a prominent 6 place on the exterior of the container or containers in which the information is stored 7 the CONFIDENTIALITY LEGEND. 8 (d) for electronic information produced in native format or another 9 format that does not permit designation of pages, that the Producing Party include 10 the CONFIDENTIALITY LEGEND in the associated metadata, if possible, and on 11 the placeholder page, or in the file name, if appropriate. 12 5.2 Inadvertent Failures to Designate. Inadvertent failure to timely 13 designate material as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 14 COUNSEL’S EYES ONLY” shall not constitute a waiver of the Producing Party’s 15 ability to designate Confidential Information or Items as Protected Material at a 16 later time. Any Party that inadvertently or unintentionally produces Confidential 17 Information or Items without designating them as Protected Material may request 18 destruction of that Protected Material by notifying the recipient(s) as soon as 19 reasonably possible after the Producing Party becomes aware of the inadvertent or 20 unintentional disclosure, and providing replacement Protected Material that is 21 properly designated. The recipient(s) shall then destroy all copies of the 22 inadvertently or unintentionally produced Protected Material and any documents, 23 information, or material derived therefrom or based thereon. Upon correction of a 24 designation, the Receiving Party must make reasonable efforts to ensure that the 25 Protected Material is treated in accordance with the provisions of this Order. 26 5.3 Changes to Designations. A Party may, at any time, (1) designate any 27 Disclosure or Discovery Material that was previously produced (by a Party or Non- 1 Party) without a confidentiality designation; (2) re-designate as “HIGHLY 2 CONFIDENTIAL – COUNSEL’S EYES ONLY” any Disclosure or Discovery 3 Material that was previously designated as “CONFIDENTIAL;” or (3) re-designate 4 as “CONFIDENTIAL” any Disclosure or Discovery Material that was previously 5 designated as “HIGHLY CONFIDENTIAL – COUNSEL’S EYES ONLY.” Any 6 designation or re-designation pursuant to this paragraph shall be accomplished by 7 providing written notice to all Parties identifying (by Bates number or other 8 individually identifiable information) the Disclosure or Discovery Material to be 9 designated or re-designated. Any Party may object to the designation or re- 10 designation of Disclosure or Discovery Material pursuant to the procedures set forth 11 herein regarding the challenging of designations. 12 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 6.1 Timing of Challenges. Any Party may challenge a designation of 14 confidentiality at any time that is consistent with the Court’s Scheduling Order. 15 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 16 resolution process under Local Rule 37-1 et seq. and any other local court rules 17 applicable to this Action. 18 6.3 The burden of persuasion in any such challenge proceeding shall be on 19 the Designating Party. Frivolous challenges, and those made for an improper 20 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 21 Parties) may expose the Challenging Party to sanctions. Unless the Designating 22 Party has waived or withdrawn the confidentiality designation, all Parties shall 23 continue to afford to the Confidential Items or Material in question the level of 24 protection to which they are entitled under the Producing Party’s designation until 25 the Court rules on the challenge. 26 27 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party only to prepare for, 4 conduct, participate in the conduct of, prosecute, defend, or attempt to settle this 5 Action, and not for any business or other purpose whatsoever. Protected Material 6 may be disclosed only to the categories of persons and under the conditions 7 described in this Order. 8 Protected Material must be stored and maintained by a Receiving Party at a 9 location and in a secure manner that reasonably ensures that access is limited to the 10 persons authorized under this Order. 11 7.2 Disclosure of Protected Material Designated as “CONFIDENTIAL”. 12 Unless otherwise ordered by the Court or permitted in writing by the Designating 13 Party, a Receiving Party may disclose Protected Material only to: 14 (a) the Receiving Party’s Counsel, as well as employees, staff, and 15 Professional Vendors of said Counsel to whom it is reasonably necessary to disclose 16 the Protected Material; 17 (b) the Parties (including officers, directors, and employees acting as 18 representatives of the Parties) to this lawsuit; 19 (c) the officers, directors, employees, and representatives (including 20 In-House Counsel and in-house legal staff) of the Receiving Party to whom 21 it is reasonably necessary to disclose the Protected Material; 22 (d) Experts retained by the Receiving Party in connection with the 23 Action, as well as their employees and staff to whom it is reasonably necessary to 24 disclose the Protected Material; 25 (e) the Court and its employees and staff; 26 (f) court reporters, videographers, and their employees and staff; 27 1 (g) professional jury or trial consultants, mock jurors, and Professional 2 Vendors to whom it is reasonably necessary to disclose the Protected Material, 3 provided that each such Non-Party signs the Acknowledgment and Agreement to 4 Be Bound attached hereto as Exhibit A, thereby confirming his, her, or its 5 agreement to be bound by this Protective Order; 6 (h) any person who, prior to the filing of this Action, had access to the 7 Protected Material, or who is currently or was previously an officer, director, 8 partner, member, employee, or agent of an entity that, prior to the filing of this 9 Action, had access to the Protected Material; 10 (i) Non-Parties to whom the Receiving Party believes it is reasonably 11 necessary to disclose the Protected Material, provided that each such Non-Party 12 signs the Acknowledgment and Agreement to Be Bound attached hereto as 13 Exhibit A, thereby confirming his, her, or its agreement to be bound by this 14 Protective Order; 15 (j) actual trial or deposition witnesses in this Action during the course 16 of questioning at the witnesses’ deposition or at trial; and 17 (k) mediators, settlement conference judges, or referees assigned by 18 the Court or retained by the Parties to mediate or referee the Action or any disputes 19 between the Parties. 20 7.3 Disclosure of Protected Material Designated as “HIGHLY 21 CONFIDENTIAL – COUNSEL’S EYES ONLY”. Unless otherwise ordered by the 22 Court or permitted in writing by the Designating Party, a Receiving Party may 23 disclose Protected Material designated as “HIGHLY CONFIDENTIAL – 24 COUNSEL’S EYES ONLY” only to: 25 (a) the Receiving Party’s Counsel, as well as employees, staff, and 26 Professional Vendors of said Counsel to whom it is reasonably necessary to disclose 27 the Protected Material; 1 (b) the In-House Counsel and in-house legal staff of the Receiving 2 Party to whom it is reasonably necessary to disclose the Protected Material; 3 (c) Experts retained by the Receiving Party in connection with the 4 Action, as well as their employees and staff to whom it is reasonably necessary to 5 disclose the Protected Material; 6 (d) the Court and its employees and staff; 7 (e) professional jury or trial consultants, mock jurors, and Professional 8 Vendors to whom it is reasonably necessary to disclose the Protected Material, 9 provided that each such Non-Party signs the Acknowledgment and Agreement to 10 Be Bound attached hereto as Exhibit A, thereby confirming his, her, or its 11 agreement to be bound by this Protective Order; and 12 (f) mediators, settlement conference judges, or referees assigned by the 13 Court or retained by the Parties to mediate or referee the Action or any disputes 14 between the Parties. 15 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED TO BE 16 PRODUCED IN OTHER LITIGATIONS 17 If a Party is served with a subpoena or a court order issued in another 18 litigation or legal proceeding that requires disclosure of any information or items 19 designated in this Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 20 – COUNSEL’S EYES ONLY,” that Party must: 21 (a) promptly notify the Designating Party in writing of the subpoena or court 22 order and provide the same unless prohibited by law; 23 (b) promptly notify the party who caused the subpoena or order to issue in 24 the other litigation or legal proceeding in writing that some or all of the material 25 covered by the subpoena or order is subject to this Protective Order, and provide a 26 copy of this Protective Order; and 27 1 (c) cooperate with respect to all reasonable procedures sought to be pursued 2 by the Designating Party whose Protected Material may be affected or required to 3 be produced. 4 If the Designating Party timely seeks a protective order, the Party served with 5 the subpoena or court order shall not produce any information designated in this 6 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – COUNSEL’S 7 EYES ONLY,” before a determination by the court from which the subpoena or 8 order issued, unless the Party has obtained the Designating Party’s permission. The 9 Designating Party shall bear the burden and expense of seeking protection of its 10 confidential material in the other litigation or legal proceeding. Nothing in these 11 provisions shall be construed as authorizing or encouraging a Receiving Party in 12 this Action to disobey a lawful directive from another court. 13 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 14 PRODUCED IN THIS LITIGATION 15 (a) The terms of this Order are applicable to Confidential Information and 16 Items produced in this Action by a Non-Party and designated as “CONFIDENTIAL” 17 or “HIGHLY CONFIDENTIAL – COUNSEL’S EYES ONLY.” Any Protected 18 Material produced by Non-Parties in connection with this Action is protected by the 19 remedies and relief provided by this Order. Nothing in these provisions should be 20 construed as prohibiting a Non-Party from seeking additional protections. 21 (b) In the event that a Party is required, by a valid discovery request, to 22 produce a Non-Party’s confidential information in its possession, and the Party is 23 subject to an agreement with the Non-Party not to produce the Non-Party’s 24 confidential information, then the Party shall: 25 (1) promptly notify in writing the Requesting Party and the Non-Party 26 that some or all of the information requested is subject to a confidentiality 27 agreement with a Non-Party; 1 (2) promptly provide the Non-Party with a copy of the Protective Order 2 in this Action, the relevant discovery request(s), and a reasonably specific 3 description of the information requested; and 4 (3) make the information requested available for inspection by the 5 Non-Party, if requested. 6 (c) If the Non-Party fails to seek a protective order from this court within 7 21 days of receiving the notice and accompanying information, the Receiving Party 8 may produce the Non-Party’s confidential information responsive to the discovery 9 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 10 not produce any information in its possession or control that is subject to the 11 confidentiality agreement with the Non-Party before a determination by the court. 12 Absent a court order to the contrary, the Non-Party shall bear the burden and 13 expense of seeking protection in this court of its Protected Material. 14 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 16 Protected Material to any person or in any circumstance not authorized under this 17 Protective Order, the Receiving Party must immediately (a) notify the Designating 18 Party of the unauthorized disclosures in writing, (b) use its best efforts to retrieve 19 all unauthorized copies of the Protected Material, and (c) inform the person or 20 persons to whom unauthorized disclosures were made of all the terms of this Order 21 and request that such person or persons execute the Acknowledgment and 22 Agreement to Be Bound attached hereto as Exhibit A. 23 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHER- 24 WISE PROTECTED MATERIAL 25 (a) When a Producing Party gives notice to Receiving Parties that certain 26 inadvertently produced Protected Material is subject to a claim of privilege or other 27 protection, the obligations of the Receiving Parties are those set forth in Federal 1 Rule of Civil Procedure 26(b)(5)(B), as modified below (deletions struck through; 2 additions underlined): 3 (b) Information Produced. If information produced in discovery is subject to 4 a claim of privilege or of protection as trial-preparation material, the Party or Non- 5 Party making the claim may notify any Party that received the information of the 6 claim and the basis for it. After being notified, a Party must promptly return, 7 sequester, or destroy the specified information and any copies it has; must not use 8 or disclose the information until the claim is resolved; must take reasonable steps 9 to retrieve and return or destroy the information if the Party disclosed it before being 10 notified; and after return or destruction may promptly present the information any 11 challenge to the privilege claim to the Court under seal pursuant to Local Rule 12 37-1 for a determination of the claim. The Producing Party must preserve the 13 information until the claim is resolved. 14 (c) Pursuant to Federal Rules of Evidence 502(d) and (e), the Parties have 15 reached an agreement on the effect of disclosure in this Action of communications, 16 documents, or information protected by the attorney-client privilege or attorney 17 work-product doctrine, as follows: The Parties anticipate that significant volumes 18 of documents and information will be produced in discovery in this action, and that 19 there is a risk that, despite the exercise of reasonable care, the Parties may 20 inadvertently produce privileged or protected communications, documents, or 21 information. Under this Order, the inadvertent disclosure of documents, 22 communications, or information protected by the attorney-client privilege, the 23 attorney work-product doctrine, or any other applicable privilege or protection does 24 not constitute a waiver of any such privilege or protection. 25 12. MISCELLANEOUS PROVISIONS 26 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 27 Party to seek to modify this Order, or to seek any other relief from the Court. 1 Nothing in this Protective Order shall preclude any Party from asserting in good 2 faith that certain Protected Material requires additional protections. The Parties 3 shall meet and confer to agree upon the terms of such additional protections. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order, no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or items on any ground not addressed in 7 this Protective Order. Similarly, no Party waives any right to object on any ground 8 to the use in evidence of any of the information or items covered by this Protective 9 Order. 10 12.3 Filing Protected Material Under Seal. The Parties will comply with 11 Local Rule 79-5 regarding the filing and use of Protected Material. Consistent with 12 this Order, before filing with the Court any transcript, exhibit, pleading, brief, or 13 other document containing information designated as Protected Material, the Parties 14 will seek approval of the Court for filing such Protected Material under seal. If the 15 Party filing the Protected Material is not the same as the Designating Party, the 16 Party filing the Protected Material must promptly comply with the requirements of 17 Local Rule 79-5.2.2(b). 18 12.4 Additional Provisions. 19 (a) This Protective Order shall continue to be binding after the 20 conclusion of this Action and all subsequent proceedings arising from this Action, 21 except that a Party may seek the written permission of the Designating Party, or 22 may move the Court, for relief from the provisions of this Protective Order. To the 23 extent permitted by law, the Court shall retain jurisdiction to enforce, modify, or 24 reconsider this Protective Order, even after the Action has concluded. 25 (b) After this Protective Order has been signed by counsel for the 26 Parties, it shall be presented to the Court for entry. Once fully-executed, and prior 27 to approval by the Court, this Protective Order shall be binding on the Parties and 1 any non-parties from whom either Party seeks the production of documents or 2 information; provided, however, that the Parties and any non-parties to which this 3 Protective Order applies shall be bound by any modifications that the Court may 4 make to the Protective Order subsequent to its full execution. 5 (c) The Parties and all signatories to the Acknowledgment and 6 Agreement to Be Bound attached hereto as Exhibit A agree to be bound by this 7 Protective Order. 8 (d) Each of the Parties has cooperated in the drafting and 9 preparation of this Protective Order. The language of this Protective Order shall be 10 construed as a whole according to its fair meaning and not strictly for or against any 11 of the Parties hereto, regardless of the Party’s (or Party’s counsel’s) role in drafting 12 the same. 13 13. FINAL DISPOSITION 14 After the final disposition of this Action, within 60 days of a written request 15 by the Producing Party, each Receiving Party must return to the Producing Party or 16 destroy all Protected Material produced by that Producing Party, including, without 17 limitation, all copies, abstracts, compilations, summaries, images, and other 18 reproduced or captured formats of the Protected Material. Regardless of whether 19 the Protected Material is returned or destroyed, upon written request by the 20 Producing Party, each Receiving Party must submit a written certification to the 21 Producing Party by the 60-day deadline affirming that the Protected Material has 22 been returned or destroyed, and confirming that the Receiving Party has not, to its 23 knowledge, retained any copies, abstracts, compilations, summaries, images, or 24 other reproduced or captured formats of any of the Protected Material. 25 Notwithstanding this provision, Counsel are entitled to retain (1) an archival copy 26 of all pleadings and motion papers; trial, deposition, and hearing transcripts; legal 27 memoranda and analyses; correspondence; deposition and trial exhibits; expert 1 reports; attorney work-product and communications, consultant and expert work- 2 product, and proprietary files and documents, even if such materials contain 3 Protected Material; and (2) any copies of Protected Material created by the routine 4 operation of backup procedures for a Party’s or a Party’s Counsel’s information 5 storage systems. Any such archival copies that contain or constitute Protected 6 Material remain subject to this Protective Order, even after the Action has been 7 concluded. 8 14. VIOLATIONS 9 Any violation of this Order may be punished by appropriate measures 10 including, without limitation, contempt proceedings and/or monetary sanctions. 11 12 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 13 14 Dated: June 9, 2020 MANATT, PHELPS & PHILLIPS, LLP

15

16 By: /s/ Emil Petrossian Emil Petrossian 17 Attorneys for Defendants

MARSHMELLO CREATIVE, LLC; THE

18 ARTIST P/K/A MARSHMELLO;

JOYTIME COLLECTIVE, LLC; DANIEL

19 CAMPBELL SMITH; STEVEN

MCCUTCHEON; MARSHMELLO

20 MUSIC LLC; ROKSTONE MUSIC

LIMITED; WWKD LIMITED; KOBALT

21 MUSIC PUBLISHING AMERICA, INC.; and POLYGRAM PUBLISHING, INC. 22 23 Dated: June 9, 2020 KING & BALLOW

24 By: /s/ Richard S. Busch 25 Richard S. Busch Attorneys for Plaintiff 26 ARTEM STOLIAROV p/k/a ARTY 27 1 LOCAL RULE 5-4.3.4(a)(2)(i) CERTIFICATION 2 The filer of this document attests that all other signatories listed above on 3 whose behalf this filing is submitted concur in the filing’s content and have 4 authorized the filing.

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 For good cause shown, the Court hereby approves and adopts the foregoing 3 ||Stipulated Protective Order. 4 5 IT IS SO ORDERED. 6 fo Prcablate- 7 ||Dated: July 7, 2020 8 United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20

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 ___________ [insert 8 formal name of the case and the number and initials assigned to it by the court]. I 9 agree to comply with and to be bound by all the terms of this Stipulated Protective 10 Order and I understand and acknowledge that failure to so comply could expose 11 me to sanctions and punishment in the nature of contempt. I solemnly promise that 12 I will not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance with 14 the provisions of this Order. I further agree to submit to the jurisdiction of the 15 United States District Court for the Central District of California for enforcing the 16 terms of this Stipulated Protective Order, even if such enforcement proceedings 17 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 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 Signature: __________________________________ 27 Date: ______________________________________