1 Steven J. Nataupsky (SBN 155,913) steven.nataupsky@knobbe.com 2 Joseph R. Re (SBN 134,479) joe.re@knobbe.com 3 Lynda J. Zadra-Symes (SBN 156,511) 4 lynda.zadrasymes@knobbe.com Marko R. Zoretic (SBN 233,952) 5 marko.zoretic@knobbe.com Jason A. Champion (SBN 259,207) 6 jason.champion@knobbe.com

KNOBBE, MARTENS, OLSON & BEAR, LLP

7 2040 Main Street, Fourteenth Floor 8 Irvine, CA 92614 Phone: (949) 760-0404 9 Facsimile: (949) 760-9502

10 Brian C. Horne (SBN 205,621) 11 brian.horne@knobbe.com

KNOBBE, MARTENS, OLSON & BEAR, LLP

12 1925 Century Park East, Suite 600 Los Angeles, CA 90067 13 Telephone: (310) 551-3450 Facsimile: (310) 601-1263 14

Attorneys for Plaintiff 15

MONSTER ENERGY COMPANY

Attorneys for Defendant on next page 16 17

IN THE UNITED STATES DISTRICT COURT

18

FOR THE CENTRAL DISTRICT OF CALIFORNIA

19

EASTERN DIVISION

20 ) Case No. 5:19-cv-01297-JGB-SP MONSTER ENERGY COMPANY, a ) 21 Delaware corporation, ) STIPULATED PROTECTIVE 22 Plaintiff, ) ORDER )

) 23 v. ) ) 24 INTEGRATED SUPPLY NETWORK, ) Hon. Jesus Bernal LLC, a Florida limited liability 25 company, ) ) Hon. Sheri Pym 26 Defendant. ) ) 27 ) ) 1

DOUGLAS C. SMITH (SBN 160013)

2 dsmith@smitlaw.com

SMITH LAW OFFICES, LLP

3 4204 Riverwalk Parkway, Suite 250 4 Riverside, California 92505 Telephone: (951)509-1355 5 Facsimile: (951)509-1356 6

CHRISTOPHER W. MADEL (MN #230297)

7 cmadel@madellaw.com

JENNIFER M. ROBBINS (MN #387745)

8 jrobbins@madellaw.com 9 CASSANDRA B. MERRICK (MN #396372) cmerrick@madellaw.com 10 MADEL PA 800 Hennepin Avenue 11 800 Pence Building Minneapolis, MN 55403 12 Telephone: (612) 605-0630 13 Facsimile: (612) 326-9990

14 Attorneys for Defendant

INTEGRATED SUPPLY NETWORK, LLC

15

16 17 18 19 20 21 22 23 24 25 26 27 1 1. PURPOSES AND LIMITATIONS 2 Plaintiff Monster Energy Company (“Monster”)1 and Defendant Integrated 3 Supply Network, LLC (“ISN”), recognizing that each may have materials 4 containing trade secret or other confidential research, technical, cost, price, sales, 5 marketing, or other commercial information, as is contemplated by Federal Rule 6 of Civil Procedure 26(c), have agreed to the terms of the Stipulated Protective 7 Order (“Order”) as set forth below, which is in substantially the same form as the 8 Stipulated Protective Order (Dkt. No. 41) entered in the related matter between 9 the parties, Monster Energy Company v. Integrated Supply Network, LLC, Case 10 No. 5:17-CV-00548-CBM-RAO. The purpose of this Order is to protect the 11 confidentiality of such materials as much as practical during the litigation. 12 The parties acknowledge that this Order does not confer blanket protections 13 on all disclosures or responses to discovery and that the protection it affords from 14 public disclosure and use extends only to the limited information or items that are 15 entitled to confidential treatment under the applicable legal principles. 16 2. GOOD CAUSE STATEMENT 17 This action is likely to involve trade secrets, customer and pricing lists and 18 other valuable research, development, commercial, financial, technical and/or 19 proprietary information for which special protection from public disclosure and 20 from use for any purpose other than prosecution of this action is warranted. Such 21 confidential and proprietary materials and information consist of, among other 22 things, confidential business or financial information, information regarding 23 confidential business practices, or other confidential research, development, or 24 commercial information (including information implicating privacy rights of

25 1 As with each joint document submitted by the parties, ISN objects to MEC’s insistence on positioning itself in this litigation by referring to itself as “Monster” 26 when a federal jury has found it has no rights in that word and when, in the substantially same Stipulated Protective Order in the prior litigation between the 27 parties, MEC indeed referred to itself as “MEC.” (See Case No. 5:17-cv-00548- 1 third parties), information otherwise generally unavailable to the public, or which 2 may be privileged or otherwise protected from disclosure under state or federal 3 statutes, court rules, case decisions, or common law. Accordingly, to expedite 4 the flow of information, to facilitate the prompt resolution of disputes over 5 confidentiality of discovery materials, to adequately protect information the 6 parties are entitled to keep confidential, to ensure that the parties are permitted 7 reasonable necessary uses of such material in preparation for and in the conduct 8 of trial, to address their handling at the end of the litigation, and serve the ends of 9 justice, a protective order for such information is justified in this matter. It is the 10 intent of the parties that information will not be designated as confidential for 11 tactical reasons and that nothing be so designated without a good faith belief that 12 it has been maintained in a confidential, non-public manner, and there is good 13 cause why it should not be part of the public record of this case. 14 3. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER 15 SEAL 16 The parties further acknowledge, as set forth in Section 14.3, below, that 17 this Stipulated Protective Order does not entitle them to file confidential 18 information under seal. Local Civil Rule 79-5 sets forth the procedures that must 19 be followed and the standards that will be applied when a party seeks permission 20 from the court to file material under seal. 21 In accordance with Local Rule 79-5, if any papers to be filed with the Court 22 contain information and/or documents that have been designated as confidential, 23 the proposed filing shall be accompanied by an application to file papers or the 24 portion thereof containing the designated information or documents (if such 25 portion is segregable) under seal. The parties further acknowledge that Local 26 Rule 79-5.2.2(b) sets forth the procedures to be followed when filing papers 27 containing confidential information or documents designated by another party 1 4. DEFINITIONS 2 4.1 Action: this pending federal law suit. 3 4.2 Challenging Party: a Party or Non-Party that challenges the 4 designation of information or items under this Order. 5 4.3 “CONFIDENTIAL” Information or Items: information (regardless 6 of how it is generated, stored or maintained) or tangible things that qualify for 7 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 8 the Good Cause Statement. 9 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as 10 their support staff). 11 4.5 Designating Party: a Party or Non-Party that designates information 12 or items that it produces in disclosures or in responses to discovery as 13 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 14 ONLY.” 15 4.6 Disclosure or Discovery Material: all items or information, 16 regardless of the medium or manner in which it is generated, stored, or maintained 17 (including, among other things, testimony, transcripts, and tangible things), that 18 are produced or generated in disclosures or responses to discovery in this matter, 19 or otherwise produced or generated in the course of this litigation, including 20 without limitation production documents, electronically stored information, 21 things, answers to interrogatories, responses to requests for admissions, and 22 depositions, as well as testimony adduced at trial or a hearing or any matters in 23 evidence. 24 4.7 Expert: a person with specialized knowledge or experience in a 25 matter pertinent to the litigation who has been retained by a Party or its counsel 26 to serve as an expert witness or as a consultant in this Action. 27 4.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 1 maintained) or tangible things that qualify for protection under Federal Rule of 2 Civil Procedure 26(c), and as specified above in the Good Cause Statement, that 3 is extremely sensitive information the disclosure of which to another party or non- 4 party would likely harm the competitive position of the party producing the 5 information. Examples of information that could be considered HIGHLY 6 CONFIDENTIAL – ATTORNEYS’ EYES ONLY include sales volumes, sales 7 units, cost of goods sold, price structures, discounts, business costs, profits, 8 margins, technical documents, marketing strategies, competitive business plans, 9 and the identity of customers. 10 4.9 House Counsel: attorneys who are employees of a party to this 11 Action. House Counsel does not include Outside Counsel of Record or any other 12 outside counsel. 13 4.10 Non-Party: any natural person, partnership, corporation, association, 14 or other legal entity not named as a Party to this action. 15 4.11 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 17 and have appeared in this Action on behalf of that party or are affiliated with a 18 law firm which has appeared on behalf of that party, and includes support staff. 19 4.12 Party: any party to this Action, including all of its officers, directors, 20 employees, consultants, retained experts, and Outside Counsel of Record (and 21 their support staffs). 22 4.13 Producing Party: a Party or Non-Party that produces Disclosure or 23 Discovery Material in this Action. 24 4.14 Professional Vendors: persons or entities that provide litigation 25 support services (e.g., photocopying, videotaping, translating, preparing exhibits 26 or demonstrations, computer database preparation, document coding, and 27 organizing, storing, or retrieving data in any form or medium) and their 1 4.15 Protected Material: any Disclosure or Discovery Material that is 2 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 3 ATTORNEYS’ EYES ONLY.” 4 4.16 Receiving Party: a Party that receives Disclosure or Discovery 5 Material from a Producing Party. 6 5. SCOPE 7 The protections conferred by this Stipulation and Order cover not only 8 Protected Material (as defined above), but also (1) any information copied or 9 extracted from Protected Material; (2) all copies, excerpts, summaries, or 10 compilations of Protected Material; and (3) any testimony, conversations, or 11 presentations by Parties or their Counsel that might reveal Protected Material. 12 However, the protections conferred by this Stipulation and Order do not 13 cover the following information: (a) any information that is in the public domain 14 at the time of disclosure to a Receiving Party or becomes part of the public domain 15 after its disclosure to a Receiving Party as a result of publication not involving a 16 violation of this Order, including becoming part of the public record through trial 17 or otherwise; and (b) any information known to the Receiving Party prior to the 18 disclosure or obtained by the Receiving Party after the disclosure from a source 19 who obtained the information lawfully under no obligation of confidentiality to 20 the Designating Party. 21 Any use of Protected Material at trial shall be governed by the orders of the 22 trial judge. This Order does not govern the use of Protected Material at trial. 23 6. DURATION 24 Once a case proceeds to trial, information that was designated as 25 CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 26 ONLY, or otherwise maintained pursuant to this Stipulated Protective Order, that 27 is used or introduced as an exhibit at trial becomes public and will be 1 compelling reasons supported by specific factual findings to proceed otherwise 2 are made to the trial judge in advance of the trial. See Kamakana v. City and 3 County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing 4 “good cause” showing for sealing documents produced in discovery from 5 “compelling reasons” standard when merits-related documents are part of court 6 record). Accordingly, the terms of this Stipulated Protective Order do not extend 7 beyond the commencement of the trial with respect to such information. 8 7. DESIGNATING PROTECTED MATERIAL 9 7.1 Exercise of Restraint and Care in Designating Material for 10 Protection. Each Party or Non-Party that designates information or items for 11 protection under this Order must take care to limit any such designation to specific 12 material that qualifies under the appropriate standards. 13 Mass, indiscriminate, or routinized designations are prohibited. 14 Designations that are shown to be clearly unjustified or that have been made for 15 an improper purpose (e.g., to unnecessarily encumber the case development 16 process or to impose unnecessary expenses and burdens on other parties) may 17 expose the Designating Party to sanctions. 18 If it comes to a Designating Party’s attention that information or items that 19 it designated for protection do not qualify for protection, the Designating Party 20 must promptly notify all other Parties that it is withdrawing the inapplicable 21 designation. 22 7.2 Manner and Timing of Designations. Except as otherwise provided 23 in this Order, or as otherwise stipulated or ordered, Disclosure or Discovery 24 Material that qualifies for protection under this Order must be clearly so 25 designated at the time the material is disclosed or produced. 26 Designation in conformity with this Order requires: 27 (a) For information in documentary form (e.g., paper or electronic 1 proceedings), that the Producing Party affix at a minimum, the legend 2 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 3 ONLY” (hereinafter “CONFIDENTIALITY legend”), to each page that contains 4 protected material. 5 A Party or Non-Party that makes original documents available for 6 inspection need not designate them for protection until after the inspecting Party 7 has indicated which documents it would like copied and produced. During the 8 inspection and before the designation, all of the material made available for 9 inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ 10 EYES ONLY.” After the inspecting Party has identified the documents it wants 11 copied and produced, the Producing Party must determine which documents, or 12 portions thereof, qualify for protection under this Order. Then, before producing 13 the specified documents, the Producing Party must affix the 14 “CONFIDENTIALITY legend” to each page that contains Protected Material. 15 (b) For a deposition transcript, the Producing Party shall 16 designate the transcript as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 17 – ATTORNEYS’ EYES ONLY” by requesting such treatment thereof either on 18 the record at the time of the deposition or by written notice to all counsel of record 19 after service of the final deposition transcript. If confidential treatment of a 20 transcript is requested by a party by written notice after completion of a 21 deposition, such written notice shall be provided to all counsel of record within 22 fourteen (14) days after completion and service of the final transcript. Such 23 written notice shall specifically identify by page and line number all portions of 24 the transcript that should be treated as “CONFIDENTIAL” or “HIGHLY 25 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in accordance with this 26 Stipulated Protective Order. All counsel receiving such notice shall be 27 responsible for marking the copies of the designated transcript or portion thereof 1 shall not disseminate a deposition transcript or the contents thereof beyond the 2 persons designated in Paragraph 9.3 below for a period of fourteen (14) days after 3 completion and service of the final transcript, except that portions of the transcript 4 may be filed under seal with the Court in connection with these proceedings. 5 Documents or things used as exhibits at a deposition that a party desires to be 6 subject to this Stipulated Protective Order shall be separately stamped or marked 7 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 8 ONLY.” The disclosing party will have the right to exclude from attendance at a 9 deposition, during such time as the Confidential Information is to be disclosed, 10 any person other than the deponent, counsel, the court reporter, the videographer, 11 designated experts and any person(s) agreed upon by counsel for the disclosing 12 party. 13 (c) For information produced in some form other than 14 documentary (including, without limitation, electronically stored information 15 produced in native format) and for any other tangible items, that the Producing 16 Party affix in a prominent place on the media or exterior of the container or 17 containers in which the information is stored the legend “CONFIDENTIAL” or 18 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion 19 or portions of the information warrants protection, the Producing Party, to the 20 extent practicable, shall identify the protected portion(s). 21 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 22 failure to designate qualified information or items does not, standing alone, waive 23 the Designating Party’s right to secure protection under this Order for such 24 material. Upon timely correction of a designation, the Receiving Party must make 25 reasonable efforts to assure that the material is treated in accordance with the 26 provisions of this Order. 27 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 1 designation of confidentiality at any time that is consistent with the Court’s 2 Scheduling Order. 3 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 4 resolution process under Local Rule 37.1 et seq. 5 8.3 The burden of persuasion in any such challenge proceeding shall be 6 on the Designating Party. Frivolous challenges, and those made for an improper 7 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 8 parties) may expose the Challenging Party to sanctions. Unless the Designating 9 Party has waived or withdrawn the confidentiality designation, all parties shall 10 continue to afford the material in question the level of protection to which it is 11 entitled under the Producing Party’s designation until the Court rules on the 12 challenge. 13 9. ACCESS TO AND USE OF PROTECTED MATERIAL 14 9.1 Basic Principles. A Receiving Party may use Protected Material that 15 is disclosed or produced by another Party or by a Non-Party in connection with 16 this Action only for prosecuting, defending, or attempting to settle this Action. 17 Such Protected Material may be disclosed only to the categories of persons and 18 under the conditions described in this Order. When the Action has been 19 terminated, a Receiving Party must comply with the provisions of section 15 20 below (FINAL DISPOSITION). 21 Protected Material must be stored and maintained by a Receiving Party at 22 a location and in a secure manner that ensures that access is limited to the persons 23 authorized under this Order. 24 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 25 otherwise ordered by the court or permitted in writing by the Designating Party, 26 a Receiving Party may disclose any information or item designated 27 “CONFIDENTIAL” only to: 1 Action and other attorneys from Outside Counsel of Record’s law firm, as well 2 as employees of said Outside Counsel of Record to whom it is reasonably 3 necessary to disclose the information for this Action; 4 (b) the officers, directors, and employees (including House 5 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for 6 this Action and who have signed the “Acknowledgment and Agreement to Be 7 Bound” (Exhibit A); 8 (c) Experts (as defined in this Order) of the Receiving Party to 9 whom disclosure is reasonably necessary for this Action and who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (d) the court and its personnel; 12 (e) court reporters, videographers and their staff; 13 (f) professional jury or trial consultants, mock jurors, and 14 Professional Vendors to whom disclosure is reasonably necessary for this Action 15 and who have signed the “Acknowledgment and Agreement to Be Bound” 16 (Exhibit A); 17 (g) the author or recipient of a document containing the 18 information or a custodian or other person who otherwise possessed or knew the 19 information; 20 (h) during their depositions, witnesses, and attorneys for 21 witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) 22 the deposing party requests that the witness sign the form attached as Exhibit A 23 hereto; and (2) they will not be permitted to keep any confidential information 24 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit 25 A), unless otherwise agreed by the Designating Party or ordered by the court. 26 Pages of transcribed deposition testimony or exhibits to depositions that reveal 27 Protected Material may be separately bound by the court reporter and may not be 1 and 2 (i) any mediator or settlement officer, and their supporting 3 personnel, mutually agreed upon by any of the parties engaged in settlement 4 discussions. 5 9.3 Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 6 Information or Items. Unless otherwise ordered by the court or permitted in 7 writing by the Designating Party, a Receiving Party may disclose any information 8 or item designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: 9 (a) the Receiving Party’s Outside Counsel of Record in this 10 Action and other attorneys from Outside Counsel of Record’s law firm, as well 11 as employees of said Outside Counsel of Record to whom it is reasonably 12 necessary to disclose the information for this Action; 13 (b) No more than three (3) House Counsel of the Receiving Party, 14 that has previously been identified to the other side in writing, to (1) whom 15 disclosure is reasonably necessary for this Action, (2) who have no involvement 16 in competitive decision-making, and (3) who have signed the “Acknowledgement 17 and Agreement to Be Bound” (exhibit A); 18 (c) Experts (as defined in this Order) of the Receiving Party to 19 whom disclosure is reasonably necessary for this Action and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (d) the court and its personnel; 22 (e) court reporters, videographers and their staff; 23 (f) professional jury or trial consultants, mock jurors, and 24 Professional Vendors to whom disclosure is reasonably necessary for this Action 25 and who have signed the “Acknowledgment and Agreement to Be Bound” 26 (Exhibit A); 27 (g) the author or recipient of a document containing the 1 information; and 2 (h) any mediator or settlement officer, and their supporting 3 personnel, mutually agreed upon by any of the parties engaged in settlement 4 discussions. 5 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 6 PRODUCED IN OTHER LITIGATION 7 If a Party is served with a subpoena or a court order issued in another 8 litigation that compels disclosure of any information or items designated in this 9 Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 10 ATTORNEYS’ EYES ONLY,” that Party must: 11 (a) promptly notify in writing the Designating Party. Such 12 notification shall include a copy of the subpoena or court order; 13 (b) promptly notify in writing the party who caused the subpoena 14 or order to issue in the other litigation that some or all of the material covered by 15 the subpoena or order is subject to this Stipulated Protective Order. Such 16 notification shall include a copy of this Stipulated Protective Order; and 17 (c) cooperate with respect to all reasonable procedures sought to 18 be pursued by the Designating Party whose Protected Material may be affected. 19 If the Designating Party timely seeks a protective order, the Party served 20 with the subpoena or court order shall not produce any information designated in 21 this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 22 ATTORNEYS’ EYES ONLY” before a determination by the court from which 23 the subpoena or order issued, unless the Party has obtained the Designating 24 Party’s permission. The Designating Party shall bear the burden and expense of 25 seeking protection in that court of its Protected Material and nothing in these 26 provisions should be construed as authorizing or encouraging a Receiving Party 27 in this Action to disobey a lawful directive from another court. 1 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information 4 produced by a Non-Party in this Action and designated as “CONFIDENTIAL” or 5 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such 6 information produced by Non-Parties in connection with this litigation is 7 protected by the remedies and relief provided by this Order. Nothing in these 8 provisions should be construed as prohibiting a Non-Party from seeking 9 additional protections. 10 (b) In the event that a Party is required, by a valid discovery 11 request, to produce a Non-Party’s confidential information in its possession, and 12 the Party is subject to an agreement with the Non-Party not to produce the Non- 13 Party’s confidential information, then the Party shall: 14 (1) promptly notify in writing the Requesting Party and the 15 Non-Party that some or all of the information requested is subject to a 16 confidentiality agreement with a Non-Party; 17 (2) promptly provide the Non-Party with a copy of the 18 Stipulated Protective Order in this Action, the relevant discovery 19 request(s), and a reasonably specific description of the information 20 requested; and 21 (3) make the information requested available for inspection 22 by the Non-Party, if requested. 23 (c) If the Non-Party fails to seek a protective order from this court 24 within 14 days of receiving the notice and accompanying information, the 25 Receiving Party may produce the Non-Party’s confidential information 26 responsive to the discovery request. If the Non-Party timely seeks a protective 27 order, the Receiving Party shall not produce any information in its possession or 1 a determination by the court. Absent a court order to the contrary, the Non-Party 2 shall bear the burden and expense of seeking protection in this court of its 3 Protected Material. 4 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has 6 disclosed Protected Material to any person or in any circumstance not authorized 7 under this Stipulated Protective Order, the Receiving Party must immediately: 8 (a) notify in writing the Designating Party of the unauthorized disclosures; 9 (b) use its best efforts to retrieve all unauthorized copies of the Protected 10 Material; 11 (c) inform the person or persons to whom unauthorized disclosures were 12 made of all the terms of this Order; and 13 (d) request such person or persons to execute the “Acknowledgment and 14 Agreement to Be Bound” that is attached hereto as Exhibit A. 15 13. INADVERTENT PRODUCTION OF PRIVILEGED, 16 CONFIDENTIAL OR OTHERWISE PROTECTED MATERIAL 17 The production of privileged or work-product protected documents, 18 electronically stored information or information, whether inadvertent or 19 otherwise, is not a waiver of the privilege or protection from discovery in this 20 case or in any other federal or state proceeding. This Order shall be interpreted 21 to provide the maximum protection allowed by Federal Rule of Evidence 502. 22 Nothing contained herein is intended to or shall serve to limit a Party’s right 23 to conduct a review of documents, ESI or information (including metadata) for 24 relevance, responsiveness, and/or segregation of privileged and/or protected 25 information before production. 26 If a Party through inadvertence produces or provides Disclosure or 27 Discovery Material which it believes is subject to a claim of an applicable 1 Parties that the Disclosure or Discovery Material is subject to a claim of privilege 2 and request that it be returned to the Producing Party. If a Producing Party or 3 Non-Party requests the return, pursuant to this paragraph, of any Disclosure or 4 Discovery Material, the Receiving Party or Parties shall not use or disclose, and 5 shall immediately return to the Producing Party all copies of such Disclosure or 6 Discovery Material or confirm that all copies have been destroyed. Return of the 7 Disclosure or Discovery Material by the Receiving Party shall not constitute an 8 admission or concession, or permit any inference, that the returned Disclosure or 9 Discovery Material is, in fact, properly subject to a claim of privilege nor shall it 10 foreclose any Party from moving the court for an order that such Disclosure or 11 Discovery Material has been improperly designated for reasons other than a 12 waiver caused by the inadvertent production. 13 The inadvertent or unintentional disclosure by a Party or Non-Party of 14 Disclosure or Discovery Material which it believes should have been designated 15 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 16 ONLY,” regardless of whether it was so designated at the time of disclosure, shall 17 not be deemed a waiver in whole or in part of the Party’s or Non-Party’s claim of 18 confidentiality, either as to the specific information disclosed or as to any other 19 information relating thereto or on the same or related subject matter, provided that 20 the Party or Non-Party notifies the Receiving Party as soon as reasonably 21 practicable after discovery of the inadvertent or unintentional failure to designate 22 but in no event more than 14 business days. If a Party or Non-Party inadvertently 23 or unintentionally produces or discloses Protected Material without designating it 24 as such, the Party or Non-Party may give written notice to the Receiving Party or 25 Parties that the Disclosure or Discovery Material is designated 26 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 27 ONLY,” and should be treated in accordance with the provisions of this Stipulated 1 Discovery Material as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 2 ATTORNEYS’ EYES ONLY,” from the date such notice is received. Disclosure 3 of such Disclosure or Discovery Material, prior to receipt of such notice, to 4 persons not authorized to receive Protected Material shall not be deemed a 5 violation of this Stipulated Protective Order; however, those persons to whom 6 disclosure was made are to be advised that the Protected Material disclosed is 7 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 8 ONLY,” and must be treated in accordance with this Stipulated Protective Order. 9 14. MISCELLANEOUS 10 14.1 Right to Further Relief. Nothing in this Order abridges the right of 11 any person to seek its modification by the Court in the future. 12 14.2 Right to Assert Other Objections. By stipulating to the entry of this 13 Stipulated Protective Order, no Party waives any right it otherwise would have to 14 object to disclosing or producing any information or item on any ground not 15 addressed in this Stipulated Protective Order. Similarly, no Party waives any 16 right to object on any ground to use in evidence of any of the Disclosure or 17 Discovery Material covered by this Stipulated Protective Order. 18 14.3 Filing Protected Material. A Party that seeks to file under seal any 19 Protected Material must comply with Local Civil Rule 79-5. Protected Material 20 may only be filed under seal pursuant to a court order authorizing the sealing of 21 the specific Protected Material at issue. If a Party’s request to file Protected 22 Material under seal is denied by the court, then the Receiving Party may file the 23 information in the public record unless otherwise instructed by the court. 24 14.4 Related Proceeding. In order to promote efficiency in this case, the 25 Parties stipulate and agree that they may use Disclosure or Discovery Material 26 that Monster and/or ISN produced in Monster Energy Company v. Integrated 27 Supply Network, LLC, Trademark Trial and Appeal Board Proceeding No. 1 Network, LLC, Case No. 5:17-CV-00548-CBM-RAO (“Case 1”). The parties 2 agree that the Disclosure or Discovery Material produced by Monster and/or ISN 3 in the Opposition and Case 1 will be subject to this Stipulated Protective Order. 4 The parties further agree that any Protected Material from the Opposition and 5 Case 1 will be afforded the same level of confidentiality protection as originally 6 designated (i.e. through the confidentiality designation marked on the documents 7 or in correspondence between the parties). For avoidance of doubt, any 8 Disclosure or Discovery Material marked “TRADE 9 SECRET/COMMERCIALLY SENSITIVE” in the Opposition shall be treated as 10 if designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 11 under the terms of this Stipulated Protective Order. 12 15. FINAL DISPOSITION 13 After the final disposition of this Action, within 60 days of a written request 14 by the Designating Party, each Receiving Party must return all Protected Material 15 to the Producing Party or destroy such material. As used in this subdivision, “all 16 Protected Material” includes all copies, abstracts, compilations, summaries, and 17 any other format reproducing or capturing any of the Protected Material. Whether 18 the Protected Material is returned or destroyed, the Receiving Party must submit 19 a written certification to the Producing Party (and, if not the same person or entity, 20 to the Designating Party) by the 60 day deadline that states all Protected Material 21 was returned or destroyed and affirms that the Receiving Party has not retained 22 any copies, abstracts, compilations, summaries or any other format reproducing 23 or capturing any of the Protected Material. Notwithstanding this provision, 24 Counsel are entitled to retain an archival copy of all pleadings, motion papers, 25 trial, deposition, and hearing transcripts, legal memoranda, correspondence, 26 deposition and trial exhibits, expert reports, attorney work product, and consultant 27 and expert work product, even if such materials contain Protected Material. Any 1 to this Stipulated Protective Order. 2 16. VIOLATION 3 Any violation of this Order may be punished by appropriate measures 4 including, without limitation, contempt proceedings and/or monetary sanctions. 5 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: 7

KNOBBE, MARTENS, OLSON & BEAR, LLP

8 9 10 Dated: August 19, 2020 By: /s/ Marko R. Zoretic 11 Steven J. Nataupsky Joseph R. Re 12 Lynda J. Zadra-Symes 13 Brian C. Horne Marko R. Zoretic Cassandra B. Merrick 14 Jason A. Champion 15 Attorneys for Plaintiff, 16

MONSTER ENERGY COMPANY

17

18 MADEL PA

19

20 Dated: August 19, 2020 By: /s/ Cassandra B. Merrick (with permission) Christopher W. Madel 21 Jennifer M. Robbins 22 Cassandra B. Merrick

23 Attorneys for Defendant, 24 INTEGRATED SUPPLY NETWORK, LLC 25 IT IS SO ORDERED. 26 Dated: August 24, 2020 27 Honorable Sheri Pym 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of 7 California in the case of Monster Energy Company v. Integrated Supply Network, 8 LLC, Case No. 5:19-CV-01297-JGB-SP. I agree to comply with and to be bound 9 by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and 11 punishment in the nature of contempt. I solemnly promise that I will not disclose 12 in any manner any information or item that is subject to this Stipulated Protective 13 Order to any person or entity except in strict compliance with the provisions of 14 this Order. I further agree to submit to the jurisdiction of the United States District 15 Court for the Central District of California for enforcing the terms of this 16 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 _______________________________________ 19 [print or type full address and telephone number] as my California agent for 20 service of process in connection with this action or any proceedings related to 21 enforcement of this Stipulated Protective Order. 22 Date: ______________________________________ 23 City and State or Nation where sworn and signed:________________________ 24 Printed name: _______________________________ 25 Signature: __________________________________ 26 27