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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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11 DECKERS OUTDOOR Case No. 2:19-CV-06203-VAP-GJS CORPORATION, a Delaware 12 Corporation, Hon. Virginia A. Philips 13 Plaintiff,

14 vs. STIPULATED PROTECTIVE ORDER 15 TARGET CORPORATION, a Minnesota Corporation; and DOES 1- 16 10, inclusive, 17 Defendants. Case Filed: July 18, 2019 18 19

20 21 1. PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, 23 proprietary, or private information for which special protection from public disclosure 24 and from use for any purpose other than prosecuting this litigation may be warranted. 25 Accordingly, the parties hereby stipulate to and petition the Court to enter the 26 following Stipulated Protective Order. The parties acknowledge that this Order does 27 not confer blanket protections on all disclosures or responses to discovery and that the 28 protection it affords from public disclosure and use extends only to the limited 1 information or items that are entitled to confidential treatment under the applicable 2 legal principles. 3 A. GOOD CAUSE STATEMENT 4 This action is likely to involve trade secrets, customer and pricing lists and 5 other valuable research, development, commercial, financial, technical and/or 6 proprietary information for which special protection from public disclosure and from 7 use for any purpose other than prosecution of this action is warranted. Such 8 confidential and proprietary materials and information consist of, among other things, 9 confidential business or financial information, information regarding confidential 10 business practices, or other confidential research, development, or commercial 11 information (including information implicating privacy rights of third parties), 12 information otherwise generally unavailable to the public, or which may be privileged 13 or otherwise protected from disclosure under state or federal statutes, court rules, case 14 decisions, or common law. Accordingly, to expedite the flow of information, to 15 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 16 to adequately protect information the parties are entitled to keep confidential, to 17 ensure that the parties are permitted reasonable necessary uses of such material in 18 preparation for and in the conduct of trial, to address their handling at the end of the 19 litigation, and serve the ends of justice, a protective order for such information is 20 justified in this matter. It is the intent of the parties that information will not be 21 designated as confidential for tactical reasons and that nothing be so designated 22 without a good faith belief that it has been maintained in a confidential, non-public 23 manner, and there is good cause why it should not be part of the public record of this 24 case. 25 B. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 26 The parties further acknowledge, as set forth in Section 12.3, below, that this 27 Stipulated Protective Order does not entitle them to file confidential information under 28 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 1 standards that will be applied when a party seeks permission from the court to file 2 material under seal. 3 There is a strong presumption that the public has a right of access to judicial 4 proceedings and records in civil cases. In connection with non-dispositive motions, 5 good cause must be shown to support a filing under seal. See Kamakana v. City and 6 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 7 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 8 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 9 cause showing), and a specific showing of good cause or compelling reasons with 10 proper evidentiary support and legal justification, must be made with respect to 11 Protected Material that a party seeks to file under seal. The parties’ mere designation 12 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 13 submission of competent evidence by declaration, establishing that the material sought 14 to be filed under seal qualifies as confidential, privileged, or otherwise protectable— 15 constitute good cause. 16 Further, if a party requests sealing related to a dispositive motion or trial, then 17 compelling reasons, not only good cause, for the sealing must be shown, and the relief 18 sought shall be narrowly tailored to serve the specific interest to be protected. See 19 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 20 or type of information, document, or thing sought to be filed or introduced under seal 21 in connection with a dispositive motion or trial, the party seeking protection must 22 articulate compelling reasons, supported by specific facts and legal justification, for the 23 requested sealing order. Again, competent evidence supporting the application to file 24 documents under seal must be provided by declaration. 25 Any document that is not confidential, privileged, or otherwise protectable in its 26 entirety will not be filed under seal if the confidential portions can be redacted. If 27 documents can be redacted, then a redacted version for public viewing, omitting only 28 the confidential, privileged, or otherwise protectable portions of the document, shall be 1 filed. Any application that seeks to file documents under seal in their entirety should 2 include an explanation of why redaction is not feasible. 3 2. 2. DEFINITIONS 4 2.1 Action: this pending federal lawsuit. 5 2.2 Challenging Party: a Party or Non-Party that challenges the designation 6 of information or items under this Order. 7 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 8 how it is generated, stored or maintained) or tangible things that qualify for protection 9 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 10 Cause Statement. 11 2.4 “HIGHLY CONFIDENTIAL” Information or Items: Information that 12 contains or discloses information that the Designating Party, in good faith, believes to 13 be extremely commercially sensitive or would provide a competitive advantage to 14 competitors or compromise or jeopardize the Designating Party’s business interests if 15 disclosed. 16 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their 17 support staff). 18 2.6 Designating Party: a Party or Non-Party that designates information or 19 items that it produces in disclosures or in responses to discovery as 20 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 21 2.7 Disclosure or Discovery Material: all items or information, regardless of 22 the medium or manner in which it is generated, stored, or maintained (including, 23 among other things, testimony, transcripts, and tangible things), that are produced or 24 generated in disclosures or responses to discovery in this matter. 25 2.8 Expert: a person with specialized knowledge or experience in a matter 26 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 27 expert witness or as a consultant in this Action. 28 1 2.9 House Counsel: attorneys who are employees of a party to this Action. 2 House Counsel does not include Outside Counsel of Record or any other outside 3 counsel. 4 2.10 Non-Party: any natural person, partnership, corporation, association, or 5 other legal entity not named as a Party to this action. 6 2.11 Outside Counsel of Record: attorneys who are not employees of a party 7 to this Action but are retained to represent or advise a party to this Action and have 8 appeared in this Action on behalf of that party or are affiliated with a law firm which 9 has appeared on behalf of that party, and includes support staff. 10 2.12 Party: any party to this Action, including all of its officers, directors, 11 employees, consultants, retained experts, and Outside Counsel of Record (and their 12 support staffs). 13 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 14 Discovery Material in this Action. 15 2.14 Professional Vendors: persons or entities that provide litigation support 16 services (e.g., photocopying, videotaping, translating, preparing exhibits or 17 demonstrations, and organizing, storing, or retrieving data in any form or medium) 18 and their employees and subcontractors. 19 2.15 Protected Material: any Disclosure or Discovery Material that is 20 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 21 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 22 from a Producing Party. 23 3. SCOPE 24 The protections conferred by this Stipulation and Order cover not only 25 Protected Material (as defined above), but also (1) any information copied or extracted 26 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 27 Protected Material; and (3) any testimony, conversations, or presentations by Parties 28 or their Counsel that might reveal Protected Material. 1 Any use of Protected Material at trial shall be governed by the orders of the trial 2 judge. This Order does not govern the use of Protected Material at trial. 3 4. DURATION 4 FINAL DISPOSITION of the action is defined as the conclusion of any 5 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 6 has run. Except as set forth below, the terms of this protective order apply through 7 FINAL DISPOSITION of the action. The parties may stipulate that the they will be 8 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 9 but will have to file a separate action for enforcement of the agreement once all 10 proceedings in this case are complete. 11 Once a case proceeds to trial, information that was designated as 12 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 13 as an exhibit at trial becomes public and will be presumptively available to all 14 members of the public, including the press, unless compelling reasons supported by 15 specific factual findings to proceed otherwise are made to the trial judge in advance of 16 the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing 17 for sealing documents produced in discovery from “compelling reasons” standard 18 when merits-related documents are part of court record). Accordingly, for such 19 materials, the terms of this protective order do not extend beyond the commencement 20 of the trial. 21 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. 23 Each Party or Non-Party that designates information or items for protection 24 under this Order must take care to limit any such designation to specific material that 25 qualifies under the appropriate standards. The Designating Party must designate for 26 protection only those parts of material, documents, items, or oral or written 27 communications that qualify so that other portions of the material, documents, items, 28 1 or communications for which protection is not warranted are not swept unjustifiably 2 within the ambit of this Order. 3 Mass, indiscriminate, or routinized designations are prohibited. Designations 4 that are shown to be clearly unjustified or that have been made for an improper 5 purpose (e.g., to unnecessarily encumber the case development process or to impose 6 unnecessary expenses and burdens on other parties) may expose the Designating Party 7 to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it 9 designated for protection do not qualify for protection, that Designating Party must 10 promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 5.2 Manner and Timing of Designations. 12 Except as otherwise provided in this Order (see, e.g., second paragraph of 13 section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery 14 Material that qualifies for protection under this Order must be clearly so designated 15 before the material is disclosed or produced. 16 Designation in conformity with this Order requires: 17 (a) for information in documentary form (e.g., paper or electronic 18 documents, but excluding transcripts of depositions or other pretrial or trial 19 proceedings), that the Producing Party affix at a minimum, the legend 20 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” (hereinafter “Confidentiality 21 Legend”), to each page that contains protected material. If only a portion or portions of 22 the material on a page qualifies for protection, the Producing Party also must clearly 23 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 24 A Party or Non-Party that makes original documents available for inspection 25 need not designate them for protection until after the inspecting Party has indicated 26 which documents it would like copied and produced. During the inspection and before 27 the designation, all of the material made available for inspection shall be deemed 28 “HIGHLY CONFIDENTIAL.” After the inspecting Party has identified the 1 documents it wants copied and produced, the Producing Party must determine which 2 documents, or portions thereof, qualify for protection under this Order. Then, before 3 producing the specified documents, the Producing Party must affix the appropriate 4 Confidentiality Legend to each page that contains Protected Material. If only a portion 5 or portions of the material on a page qualifies for protection, the Producing Party also 6 must clearly identify the protected portion(s) (e.g., by making appropriate markings in 7 the margins). 8 (b) for testimony given in depositions that the Designating Party 9 identify the Disclosure or Discovery Material. Failure of counsel to designate 10 testimony or exhibits at a deposition, however, shall not waive the protected status of 11 the testimony or exhibits. All deposition testimony and exhibits shall automatically be 12 designated as Protected Material subject to the obligation for counsel to de-designate 13 portions of deposition testimony and exhibits promptly upon receipt of official 14 deposition transcripts and exhibits. Counsel may agree on the record during the 15 deposition that the testimony shall be considered and treated as “HIGHLY 16 CONFIDENTIAL” prior to the prompt de-designation of non-Confidential Material. 17 (c) for information produced in some form other than documentary and 18 for any other tangible items, that the Producing Party affix in a prominent place on the 19 exterior of the container or containers in which the information is stored the 20 appropriate Confidentiality Legend. If only a portion or portions of the information 21 warrants protection, the Producing Party, to the extent practicable, shall identify the 22 protected portion(s). 23 5.3 Inadvertent Failures to Designate. 24 If timely corrected, an inadvertent failure to designate qualified information or 25 items does not, standing alone, waive the Designating Party’s right to secure 26 protection under this Order for such material. Upon timely correction of a 27 designation, the Receiving Party must make reasonable efforts to assure that the 28 material is treated in accordance with the provisions of this Order. 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. 3 Any Party or Non-Party may challenge a designation of confidentiality at any 4 time that is consistent with the Court’s Scheduling Order and, as necessary, all 5 relevant authority governing ex parte motion practice. 6 6.2 Meet and Confer. 7 The Challenging Party shall initiate the dispute resolution process under Local 8 Rule 37.1 et seq., except as required under the circumstances and in good faith 9 application of all relevant authority governing ex parte motion practice. 10 6.3 The burden of persuasion in any such challenge proceeding shall be on 11 the Designating Party. Frivolous challenges, and those made for an improper purpose 12 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 13 expose the Challenging Party to sanctions. Unless the Designating Party has waived or 14 withdrawn the confidentiality designation, all parties shall continue to afford the 15 material in question the level of protection to which it is entitled under the Producing 16 Party’s designation until the Court rules on the challenge. 17 7. ACCESS TO AND USE OF PROTECTED MATERIAL 18 7.1 Basic Principles. 19 A Receiving Party may use Protected Material that is disclosed or produced by 20 another Party or by a Non-Party in connection with this Action only for prosecuting, 21 defending, or attempting to settle this Action. Such Protected Material may be 22 disclosed only to the categories of persons and under the conditions described in this 23 Order. When the Action has been terminated, a Receiving Party must comply with the 24 provisions of section 13 below (FINAL DISPOSITION). 25 Protected Material must be stored and maintained by a Receiving Party at a 26 location and in a secure manner that ensures that access is limited to the persons 27 authorized under this Order. 28 1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. 2 Unless otherwise ordered by the court or permitted in writing by the 3 Designating Party, a Receiving Party may disclose any information or item designated 4 “CONFIDENTIAL” only to: 5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 6 well as employees of said Outside Counsel of Record to whom it is reasonably 7 necessary to disclose the information for this Action; 8 (b) the officers, directors, and employees (including House Counsel) 9 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 10 (c) Experts (as defined in this Order) of the Receiving Party to whom 11 disclosure is reasonably necessary for this Action and who have signed the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (d) the court and its personnel; 14 (e) court reporters and their staff; 15 (f) professional jury or trial consultants, mock jurors, and Professional 16 Vendors to whom disclosure is reasonably necessary for this Action and who have 17 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (g) the author or recipient of a document containing the information or 19 a custodian or other person who otherwise possessed or knew the information; 20 (h) during their depositions, witnesses and attorneys for witnesses, in 21 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 22 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they 23 will not be permitted to keep any confidential information unless they sign the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 25 by the Designating Party or ordered by the court. Pages of transcribed deposition 26 testimony or exhibits to depositions that reveal Protected Material may be separately 27 bound by the court reporter and may not be disclosed to anyone except as permitted 28 under this Stipulated Protective Order; and 1 (i) any mediator or settlement officer, and their supporting personnel, 2 mutually agreed upon by any of the parties engaged in settlement discussions. 3 7.3 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. 4 Unless otherwise ordered by the court or permitted in writing by the 5 Designating Party, a Receiving Party may disclose any information or item designated 6 “HIGHLY CONFIDENTIAL” only to: 7 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 8 well as employees of said Outside Counsel of Record to whom it is reasonably 9 necessary to disclose the information for this Action; 10 (b) House Counsel of the Receiving Party to whom disclosure is 11 reasonably necessary for this Action; 12 (c) Experts (as defined in this Order) of the Receiving Party to whom 13 disclosure is reasonably necessary for this Action and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (d) the court and its personnel; 16 (e) court reporters and their staff; 17 (f) professional jury or trial consultants, mock jurors, and Professional 18 Vendors to whom disclosure is reasonably necessary for this Action and who have 19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (g) the author or recipient of a document containing the information or 21 a custodian or other person who otherwise possessed or knew the information; 22 (h) during their depositions, witnesses and attorneys for witnesses, in 23 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 24 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they 25 will not be permitted to keep any confidential information unless they sign the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 27 by the Designating Party or ordered by the court. Pages of transcribed deposition 28 testimony or exhibits to depositions that reveal Protected Material may be separately 1 bound by the court reporter and may not be disclosed to anyone except as permitted 2 under this Stipulated Protective Order; and 3 (i) any mediator or settlement officer, and their supporting personnel, 4 mutually agreed upon by any of the parties engaged in settlement discussions. 5 7.4 Disclosure of Protected Material to Certain Experts. 6 If a Party wants to disclose another Party’s or a Non-Party’s Protected Material 7 to an Expert (as defined in this Order) that is an employee, shareholder, officer, 8 director, and/or consultant (excluding any consultant retained by a Party relating to or 9 for purposes of this dispute) of a Party, disclosure shall be allowed only if the Party 10 desiring such disclosure obtains the Designating Party’s consent or a court order. The 11 following procedure shall apply to obtaining consent for such disclosure: 12 (a) Notice of the name, address, telephone number and title or position 13 of such expert, a curriculum vitae for the expert, notice of the relevant professional or 14 employment-related relationship with a Party, a list of all other cases in which, during 15 the previous four years, the expert testified as an expert at trial or by deposition, and a 16 signed copy of the “Acknowledgment and Agreement to Be Bound” (Exhibit A), shall 17 be served in writing by e-mail on counsel of record for the Designating Party for such 18 Party’s consent to disclosure of Protected Material to such expert. 19 (b) Consent to the disclosure shall not be unreasonably withheld, and 20 shall be granted or denied, by e-mail to all counsel of record in this action, within 21 seven (7) days of receipt of the notice by e-mail. A failure to respond within that 22 seven-day period shall operate as consent. 23 (c) If any objection to disclosing Protected Material to such an 24 identified expert is made within that seven-day period, and that objection cannot be 25 resolved by agreement between the Party seeking disclosure and the Designating 26 Party, the Party seeking disclosure of the Protected material may move the Court for 27 an order allowing such disclosure, in accordance with the procedures set forth in C.D. 28 CAL. LOCAL RULES 37-1 through 37-4. 1 (d) The parties further agree that an expert whose identity is disclosed 2 pursuant to this paragraph cannot be deposed regarding any subject related to this 3 litigation, unless the expert has been designated as a testifying expert by the retaining 4 party, and then in a manner consistent with the Federal Rules of Civil Procedure 5 governing expert discovery. 6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 7 IN OTHER LITIGATION 8 If a Party is served with a subpoena or a court order issued in other litigation 9 that compels disclosure of any Protected Material, that Party must: 10 (a) promptly notify in writing the Designating Party. Such notification 11 shall include a copy of the subpoena or court order; 12 (b) promptly notify in writing the party who caused the subpoena or 13 order to issue in the other litigation that some or all of the material covered by the 14 subpoena or order is subject to this Protective Order. Such notification shall include a 15 copy of this Stipulated Protective Order; and 16 (c) cooperate with respect to all reasonable procedures sought to be 17 pursued by the Designating Party whose Protected Material may be affected. 18 If the Designating Party timely seeks a protective order, the Party served with 19 the subpoena or court order shall not produce any Protected Material before a 20 determination by the court from which the subpoena or order issued, unless the Party 21 has obtained the Designating Party’s permission. The Designating Party shall bear the 22 burden and expense of seeking protection in that court of its confidential material and 23 nothing in these provisions should be construed as authorizing or encouraging a 24 Receiving Party in this Action to disobey a lawful directive from another court. 25 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 26 PRODUCED IN THIS LITIGATION 27 (a) The terms of this Order are applicable to information produced by a Non- 28 Party in this Action and designated as Protected Material. Such information produced 1 by Non-Parties in connection with this litigation is protected by the remedies and 2 relief provided by this Order. Nothing in these provisions should be construed as 3 prohibiting a Non-Party from seeking additional protections. 4 (b) In the event that a Party is required, by a valid discovery request, to 5 produce a Non-Party’s confidential information in its possession, and the Party is 6 subject to an agreement with the Non-Party not to produce the Non-Party’s 7 confidential information, then the Party shall: 8 (1) notify in a reasonably timely manner and in writing the Requesting 9 Party and the Non-Party that some or all of the information requested is subject to a 10 confidentiality agreement with a Non-Party; 11 (2) promptly provide the Non-Party with a copy of the Stipulated 12 Protective Order in this Action, the relevant discovery request(s), and a reasonably 13 specific description of the information requested; and 14 (3) make the information requested available for inspection by the 15 Non-Party, if requested. 16 (c) If the Non-Party fails to seek a protective order from this court within 14 17 days of receiving the notice and accompanying information, the Receiving Party may 18 produce the Non-Party’s confidential information responsive to the discovery request. 19 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 20 any information in its possession or control that is subject to the confidentiality 21 agreement with the Non-Party before a determination by the court. Absent a court 22 order to the contrary, the Non-Party shall bear the burden and expense of seeking 23 protection in this court of its confidential information. 24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 26 Protected Material to any person or in any circumstance not authorized under this 27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 28 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 1 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 2 persons to whom unauthorized disclosures were made of all the terms of this Order, 3 and (d) request such person or persons to execute the “Acknowledgment and 4 Agreement to Be Bound” that is attached hereto as Exhibit A. 5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 6 PROTECTED MATERIAL 7 When a Producing Party gives notice to Receiving Parties that certain 8 inadvertently produced material is subject to a claim of privilege or other protection, 9 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 10 Procedure 26(b)(5)(B). The production of privileged or work-product protected 11 material, whether inadvertent or otherwise, is not a waiver of the privilege or 12 protection from discovery in this case or in any other federal or state proceeding. This 13 Order shall be interpreted to provide the maximum protection allowed by Federal Rule 14 of Evidence 502(d). Nothing contained herein is intended to or shall serve to limit a 15 party's right to conduct a review of documents, ESI or information (including 16 metadata) for relevance, responsiveness and/or segregation of privileged and/or 17 protected information before production. 18 12. MISCELLANEOUS 19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 20 person to seek its modification by the Court in the future. 21 12.2 Right to Assert Other Objections. By stipulating to the entry of this 22 Protective Order no Party waives any right it otherwise would have to object to 23 disclosing or producing any information or item on any ground not addressed in this 24 Stipulated Protective Order. Similarly, no Party waives any right to object on any 25 ground to use in evidence of any of the material covered by this Protective Order. 26 12.3 Filing Protected Material. A Party that seeks to file under seal any 27 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 28 only be filed under seal pursuant to a court order authorizing the sealing of the 1 specific Protected Material at issue. If a Party's request to file Protected Material 2 under seal is denied by the court, then the Receiving Party may file the information in 3 the public record unless otherwise instructed by the court. 4 13. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 4, within 60 6 days of a written request by the Designating Party, each Receiving Party must return 7 all Protected Material to the Producing Party or destroy such material. As used in this 8 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 9 summaries, and any other format reproducing or capturing any of the Protected 10 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 11 must submit a written certification to the Producing Party (and, if not the same person 12 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 13 category, where appropriate) all the Protected Material that was returned or destroyed 14 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 15 compilations, summaries or any other format reproducing or capturing any of the 16 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 17 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 18 legal memoranda, correspondence, deposition and trial exhibits, expert reports, 19 attorney work product, and consultant and expert work product, even if such materials 20 contain Protected Material. Any such archival copies that contain or constitute 21 Protected Material remain subject to this Protective Order as set forth in Section 4 22 (DURATION). 23 14. Any violation of this Order may be punished by any and all appropriate 24 measures including, without limitation, contempt proceedings and/or monetary 25 sanctions. 26 27 28 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 || DATED: July 14, 2020 By: /s/ Mark S. Zhai Brent H. Blakely 4 Mark S. Zhai 5 BLAKELY LAW GROUP Attorneys for Plaintiff 6 Deckers Oildoor Corporation 7 8 || DATED: July 14, 2020 By: /s/ James R Steffen James R. Steffen 9 Peter M. Routhier Amanda Semaan 10 FAEGRE DRINKER BIDDLE & 1 REATH LLP Attorneys for Defendant 12 Target Corporation 13 14 15 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 16 17 ||DATED: Julv 14. 2020 18 19 20

GAIL J. STANDISH

21 |) UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 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 the 7 Central District of California on __________ [date] in the case of Deckers Outdoor 8 Corporation v. Target Corporation et al.; Case No. 2:19-CV-06203-VAP-GJS. 9 I agree to comply with and to be bound by all the terms of this Stipulated 10 Protective Order and I understand and acknowledge that failure to so comply could 11 expose me to sanctions and punishment in the nature of contempt. I solemnly promise 12 that 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 the 14 provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint _______________________________ 19 [print or type full name] of ___________________________________ [print or type 20 full address and telephone number] as my California agent for service of process in 21 connection with this action or any proceedings related to enforcement of this 22 Stipulated Protective Order. 23 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 Printed name: _______________________________ 27 Signature: __________________________________ 28