1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 WIXEN MUSIC PUBLISHING, INC., Case No. 2:20-cv-10515-JVS-AFM 11 Plaintiff, 12 v. STIPULATED PROTECTIVE 13 ORDER1 TRILLER, INC., a Delaware 14 corporation; and TRILLER, LLC, a 15 limited liability company, 16 Defendant. 17 18 19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, 21 proprietary or private information for which special protection from public 22 disclosure and from use for any purpose other than prosecuting this litigation may 23 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 24 enter the following Stipulated Protective Order. The parties acknowledge that this 25 Order does not confer blanket protections on all disclosures or responses to 26 discovery and that the protection it affords from public disclosure and use extends 27 1 This Stipulated Protective Order is based substantially on the model protective 28 order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures. 1 only to the limited information or items that are entitled to confidential treatment 2 under the applicable legal principles. 3 B. GOOD CAUSE STATEMENT 4 This action is likely to involve trade secrets, user / consumer data, revenue 5 information, and other valuable research, development, commercial, financial, 6 technical and/or proprietary information for which special protection from public 7 disclosure and from use for any purpose other than prosecution of this action is 8 warranted. Such confidential and proprietary materials and information consist of, 9 among other things, confidential business or financial information, information 10 regarding confidential business practices, or other confidential research, 11 development, or commercial information (including information implicating privacy 12 rights of third parties), information otherwise generally unavailable to the public, or 13 which may be privileged or otherwise protected from disclosure under state or 14 federal statutes, court rules, case decisions, or common law. Accordingly, to 15 expedite the flow of information, to facilitate the prompt resolution of disputes over 16 confidentiality of discovery materials, to adequately protect information the parties 17 are entitled to keep confidential, to ensure that the parties are permitted reasonable 18 necessary uses of such material in preparation for and in the conduct of trial, to 19 address their handling at the end of the litigation, and serve the ends of justice, a 20 protective order for such information is justified in this matter. It is the intent of the 21 parties that information will not be designated as confidential for tactical reasons 22 and that nothing be so designated without a good faith belief that it has been 23 maintained in a confidential, non-public manner, and there is good cause why it 24 should not be part of the public record of this case. 25 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 26 SEAL 27 The parties further acknowledge, as set forth in Section 12.3, below, that this 28 Stipulated Protective Order does not entitle them to file confidential information 1 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 2 and the standards that will be applied when a party seeks permission from the court 3 to file material under seal. 4 There is a strong presumption that the public has a right of access to judicial 5 proceedings and records in civil cases. In connection with non-dispositive motions, 6 good cause must be shown to support a filing under seal. See Kamakana v. City and 7 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 8 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 9 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 10 good cause showing), and a specific showing of good cause or compelling reasons 11 with proper evidentiary support and legal justification, must be made with respect to 12 Protected Material that a party seeks to file under seal. The parties’ mere designation 13 of Disclosure or Discovery Material as CONFIDENTIAL does not— without the 14 submission of competent evidence by declaration, establishing that the material 15 sought to be filed under seal qualifies as confidential, privileged, or otherwise 16 protectable—constitute good cause. 17 Further, if a party requests sealing related to a dispositive motion or trial, then 18 compelling reasons, not only good cause, for the sealing must be shown, and the 19 relief sought shall be narrowly tailored to serve the specific interest to be protected. 20 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For 21 each item or type of information, document, or thing sought to be filed or introduced 22 under seal in connection with a dispositive motion or trial, the party seeking 23 protection must articulate compelling reasons, supported by specific facts and legal 24 justification, for the requested sealing order. Again, competent evidence supporting 25 the application to file documents under seal must be provided by declaration. 26 Any document that is not confidential, privileged, or otherwise protectable in 27 its entirety will not be filed under seal if the confidential portions can be redacted. 28 If documents can be redacted, then a redacted version for public viewing, omitting 1 only the confidential, privileged, or otherwise protectable portions of the document, 2 shall be filed. Any application that seeks to file documents under seal in their 3 entirety should include an explanation of why redaction is not feasible. 4 2. DEFINITIONS 5 2.1 Action: Wixen Music Publishing, Inc. v. Triller, Inc., No. 2:20-cv- 6 10515-JVS-AFM, pending in the United States District Court for the Central District 7 of California. 8 2.2 Challenging Party: a Party or Non-Party that challenges the designation 9 of information or items under this Order. 10 2.3 11 (a) “CONFIDENTIAL” Information or Items: information 12 (regardless of how it is generated, stored or maintained) or tangible things that 13 qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified 14 above in the Good Cause Statement. 15 (b) “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 16 Information or Items: information that qualifies as “CONFIDENTIAL” information 17 under 2.3(a) above, that also constitutes information that is extremely confidential 18 and/or sensitive in nature, the disclosure of which to another Party or Non-Party 19 would create a substantial risk of serious harm and/or irreparable injury that could 20 not be avoided by less restrictive means. 21 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 22 their support staff). 23 2.5 Designating Party: a Party or Non-Party that designates information or 24 items that it produces in disclosures or in responses to discovery as 25 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 26 2.6 Disclosure or Discovery Material: all items or information, regardless 27 of the medium or manner in which it is generated, stored, or maintained (including, 28 1 among other things, testimony, transcripts, and tangible things), that are produced or 2 generated in disclosures or responses to discovery in this matter. 3 2.7 Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as 5 an expert witness or as a consultant in this Action. 6 2.8 House Counsel: attorneys who are employees of a party to this Action. 7 House Counsel does not include Outside Counsel of Record or any other outside 8 counsel. 9 2.9 Non-Party: any natural person, partnership, corporation, association or 10 other legal entity not named as a Party to this action. 11 2.10 Outside Counsel of Record: attorneys who are not employees of a party 12 to this Action but are retained to represent or advise a party to this Action and have 13 appeared in this Action on behalf of that party or are affiliated with a law firm that 14 has appeared on behalf of that party, and includes support staff. 15 2.11 Party: any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 2.13 Professional Vendors: persons or entities that provide litigation support 21 services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 and their employees and subcontractors. 24 2.14 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 26 ONLY.” 27 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 28 from a Producing Party. 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or 4 extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9 4. DURATION 10 Once a case proceeds to trial, information that was designated as 11 CONFIDENTIAL, CONFIDENTIAL – ATTORNEYS’ EYES ONLY, or 12 maintained pursuant to this protective order used or introduced as an exhibit at trial 13 becomes public and will be presumptively available to all members of the public, 14 including the press, unless compelling reasons supported by specific factual findings 15 to proceed otherwise are made to the trial judge in advance of the trial. See 16 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 17 documents produced in discovery from “compelling reasons” standard when merits- 18 related documents are part of court record). Accordingly, the terms of this protective 19 order do not extend beyond the commencement of the trial. 20 5. DESIGNATING PROTECTED MATERIAL 21 5.1 Exercise of Restraint and Care in Designating Material for Protection. 22 Each Party or Non-Party that designates information or items for protection under 23 this Order must take care to limit any such designation to specific material that 24 qualifies under the appropriate standards. The Designating Party must designate for 25 protection only those parts of material, documents, items or oral or written 26 communications that qualify so that other portions of the material, documents, items 27 or communications for which protection is not warranted are not swept unjustifiably 28 within the ambit of this Order. 1 Mass, indiscriminate or routinized designations are prohibited. Designations 2 that are shown to be clearly unjustified or that have been made for an improper 3 purpose (e.g., to unnecessarily encumber the case development process or to impose 4 unnecessary expenses and burdens on other parties) may expose the Designating 5 Party to sanctions. 6 If it comes to a Designating Party’s attention that information or items that it 7 designated for protection do not qualify for protection, that Designating Party must 8 promptly notify all other Parties that it is withdrawing the inapplicable designation. 9 5.2 Manner and Timing of Designations. Except as otherwise provided in 10 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 11 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 12 under this Order must be clearly so designated before the material is disclosed or 13 produced. 14 Designation in conformity with this Order requires: 15 (a) for information in documentary form (e.g., paper or electronic 16 documents, but excluding transcripts of depositions or other pretrial or trial 17 proceedings), that the Producing Party affix at a minimum, the legend 18 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or 19 “CONFIDENTIAL – AEO” (hereinafter “CONFIDENTIAL – AEO legend”), to 20 each page that contains protected material. If only a portion of the material on a 21 page qualifies for protection, the Producing Party also must clearly identify the 22 protected portion(s) (e.g., by making appropriate markings in the margins). 23 A Party or Non-Party that makes original documents available for inspection 24 need not designate them for protection until after the inspecting Party has indicated 25 which documents it would like copied and produced. During the inspection and 26 before the designation, all of the material made available for inspection shall be 27 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 28 documents it wants copied and produced, the Producing Party must determine which 1 documents, or portions thereof, qualify for protection under this Order. Then, before 2 producing the specified documents, the Producing Party must affix the 3 “CONFIDENTIAL legend” or “CONFIDENTIAL – AEO legend” to each page that 4 contains Protected Material. If only a portion of the material on a page qualifies for 5 protection, the Producing Party also must clearly identify the protected portion(s) 6 (e.g., by making appropriate markings in the margins). 7 (b) for testimony given in deposition, all deposition transcripts will 8 be treated as if CONFIDENTIAL – ATTORNEYS’ EYES ONLY for a period of 9 thirty (30) days after the transcript is available from the court reporter, unless all 10 Parties agree on the record at the deposition that the deposition is not confidential. 11 Counsel for any Party may designate the deposition transcript, or portions thereof, 12 as CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS’ EYES ONLY during 13 the deposition or during the thirty (30) day period after the transcript is available. 14 Any material marked CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS’ 15 EYES ONLY attached to a deposition does not lose its protected status just because 16 it is attached as an exhibit to the deposition. 17 (c) for information produced in some form other than documentary 18 and for any other tangible items, that the Producing Party affix in a prominent place 19 on the exterior of the container or containers in which the information is stored the 20 legend “CONFIDENTIAL” or “CONFIDENTIAL – AEO.” If only a portion or 21 portions of the information warrants protection, the Producing Party, to the extent 22 practicable, shall identify the protected portion(s). 23 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 24 failure to designate qualified information or items does not, standing alone, waive 25 the Designating Party’s right to secure protection under this Order for such material. 26 Upon timely correction of a designation, the Receiving Party must make reasonable 27 efforts to assure that the material is treated in accordance with the provisions of this 28 Order. 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s 4 Scheduling Order. 5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37-1 et seq. 7 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 8 joint stipulation pursuant to Local Rule 37-2. 9 6.4 The burden of persuasion in any such challenge proceeding shall be on 10 the Designating Party. Frivolous challenges, and those made for an improper 11 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 12 parties) may expose the Challenging Party to sanctions. Unless the Designating 13 Party has waived or withdrawn the confidentiality designation, all parties shall 14 continue to afford the material in question the level of protection to which it is 15 entitled under the Producing Party’s designation until the Court rules on the 16 challenge. 17 7. ACCESS TO AND USE OF PROTECTED MATERIAL 18 7.1 Basic Principles. A Receiving Party may use Protected Material that is 19 disclosed or produced by another Party or by a Non-Party in connection with this 20 Action only for prosecuting, defending or attempting to settle this Action. Such 21 Protected Material may be disclosed only to the categories of persons and under the 22 conditions described in this Order. When the Action has been terminated, a 23 Receiving Party must comply with the provisions of section 13 below (FINAL 24 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. Unless 2 otherwise ordered by the court or permitted in writing by the Designating Party, a 3 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, 6 as 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 16 Professional Vendors to whom disclosure is reasonably necessary for this Action 17 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 18 A); 19 (g) the author or recipient of a document containing the information 20 or a custodian or other person who otherwise possessed or knew the information; 21 (h) during their depositions, witnesses, and attorneys for witnesses, 22 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing 23 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 24 they will not be permitted to keep any confidential information unless they sign the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 26 agreed by the Designating Party or ordered by the court. Pages of transcribed 27 deposition testimony or exhibits to depositions that reveal Protected Material may 28 1 be separately bound by the court reporter and may not be disclosed to anyone except 2 as permitted under this Stipulated Protective Order; and 3 (i) any mediator or settlement officer, and their supporting 4 personnel, mutually agreed upon by any of the parties engaged in settlement 5 discussions. 6 7.3 Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 7 Information or Items. Unless otherwise ordered by the court or permitted in writing 8 by the Designating Party, a Receiving Party may disclose any information or item 9 designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: 10 (a) the Receiving Party’s Outside Counsel of Record in this Action, 11 as well as employees of said Outside Counsel of Record to whom it is reasonably 12 necessary to disclose the information for this Action; 13 (b) Experts (as defined in this Order) of the Receiving Party to whom 14 disclosure is reasonably necessary for this Action and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (c) the court and its personnel; 17 (d) court reporters and their staff; 18 (e) professional jury or trial consultants, mock jurors, and 19 Professional Vendors to whom disclosure is reasonably necessary for this Action 20 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 21 A); 22 (f) the author or recipient of a document containing the information 23 or a custodian or other person who otherwise possessed or knew the information; 24 (g) during their depositions, witnesses, and attorneys for witnesses, 25 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing 26 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 27 they will not be permitted to keep any confidential information unless they sign the 28 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 1 agreed by the Designating Party or ordered by the court. Pages of transcribed 2 deposition testimony or exhibits to depositions that reveal Protected Material may 3 be separately bound by the court reporter and may not be disclosed to anyone except 4 as permitted under this Stipulated Protective Order; and 5 (h) any mediator or settlement officer, and their supporting 6 personnel, mutually agreed upon by any of the parties engaged in settlement 7 discussions. 8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 9 IN OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation 11 that compels disclosure of any information or items designated in this Action as 12 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that 13 Party must: 14 (a) promptly notify in writing the Designating Party. Such 15 notification shall include a copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or 17 order to issue in the other litigation that some or all of the material covered by the 18 subpoena or order is subject to this Protective Order. Such notification shall include 19 a copy of this Stipulated Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be 21 pursued by the Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served with 23 the subpoena or court order shall not produce any information designated in this 24 action as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 25 ONLY” before a determination by the court from which the subpoena or order 26 issued, unless the Party has obtained the Designating Party’s permission. The 27 Designating Party shall bear the burden and expense of seeking protection in that 28 court of its confidential material and nothing in these provisions should be construed 1 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 2 directive from another court. 3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 4 PRODUCED IN THIS LITIGATION 5 (a) The terms of this Order are applicable to information produced 6 by a Non-Party in this Action and designated as “CONFIDENTIAL” or 7 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced 8 by Non-Parties in connection with this litigation is protected by the remedies and 9 relief provided by this Order. Nothing in these provisions should be construed as 10 prohibiting a Non-Party from seeking additional protections. 11 (b) In the event that a Party is required, by a valid discovery request, 12 to produce a Non-Party’s confidential information in its possession, and the Party is 13 subject to an agreement with the Non-Party not to produce the Non-Party’s 14 confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the 16 Non-Party that some or all of the information requested is subject to a confidentiality 17 agreement with a Non-Party; 18 (2) promptly provide the Non-Party with a copy of the 19 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 20 reasonably specific description of the information requested; and 21 (3) make the information requested available for inspection by 22 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 Receiving 25 Party may produce the Non-Party’s confidential information responsive to the 26 discovery request. If the Non-Party timely seeks a protective order, the Receiving 27 Party shall not produce any information in its possession or control that is subject to 28 the confidentiality agreement with the Non-Party before a determination by the 1 court. Absent a court order to the contrary, the Non-Party shall bear the burden and 2 expense of seeking protection in this court of its Protected Material. 3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 Protected Material to any person or in any circumstance not authorized under this 6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 7 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 8 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 9 or persons to whom unauthorized disclosures were made of all the terms of this 10 Order, and (d) request such person or persons to execute the “Acknowledgment and 11 Agreement to Be Bound” that is attached hereto as Exhibit A. 12 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain 15 inadvertently produced material is subject to a claim of privilege or other protection, 16 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 17 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 18 may be established in an e-discovery order that provides for production without prior 19 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as 20 the parties reach an agreement on the effect of disclosure of a communication or 21 information covered by the attorney-client privilege or work product protection, the 22 parties may incorporate their agreement in the stipulated protective order submitted 23 to the court. 24 12. MISCELLANEOUS 25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 26 person to seek its modification by the Court in the future. 27 12.2 Right to Assert Other Objections. By stipulating to the entry of this 28 Protective Order, no Party waives any right it otherwise would have to object to 1 disclosing or producing any information or item on any ground not addressed in this 2 Stipulated Protective Order. Similarly, no Party waives any right to object on any 3 ground to use in evidence of any of the material covered by this Protective Order. 4 12.3 Filing Protected Material. A Party that seeks to file under seal any 5 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 6 only be filed under seal pursuant to a court order authorizing the sealing of the 7 specific Protected Material at issue. If a Party’s request to file Protected Material 8 under seal is denied by the court, then the Receiving Party may file the information 9 in the public record unless otherwise instructed by the court. 10 13. FINAL DISPOSITION 11 After the final disposition of this Action, as defined in paragraph 4, within 60 12 days of a written request by the Designating Party, each Receiving Party must return 13 all Protected Material to the Producing Party or destroy such material. As used in 14 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 15 summaries, and any other format reproducing or capturing any of the Protected 16 Material. Whether the Protected Material is returned or destroyed, the Receiving 17 Party must submit a written certification to the Producing Party (and, if not the same 18 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 19 (by category, where appropriate) all the Protected Material that was returned or 20 destroyed and (2) affirms that the Receiving Party has not retained any copies, 21 abstracts, compilations, summaries or any other format reproducing or capturing any 22 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 23 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 24 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 25 reports, attorney work product, and consultant and expert work product, even if such 26 materials contain Protected Material. Any such archival copies that contain or 27 constitute Protected Material remain subject to this Protective Order as set forth in 28 Section 4 (DURATION). 1 14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures 3 including, without limitation, contempt proceedings and/or monetary sanctions. 4 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 7 DATED: September 10, 2021 8 /s/ Andrew S. Mackay 9 Daniel J. Schacht (Bar No. 259717) 10 dschacht@donahue.com Andrew S. Mackay (Bar No. 197074) 11 amackay@donahue.com 12 Kathleen B. Friend (Bar No. 214593) kfriend@donahue.com 13 Charles J. McCurdy (Bar No. 315744) 14 cmccurdy@donahue.com

DONAHUE FITZGERALD LLP

15 Attorneys at Law 16 1999 Harrison Street, 26th Floor Oakland, CA 94612-3520 17 Telephone: (510) 451-3300 18 Facsimile: (510) 451-1527

19 Attorneys for Plaintiff Wixen Music Publishing, Inc. 20 21 DATED: September 10, 2021 22

23 /s/ Allison L. Stillman Joseph R. Wetzel (Bar No. 238008) 24

LATHAM & WATKINS LLP

25 Joseph R. Wetzel (Bar No. 238008) joe.wetzel@lw.com 26 Andrew M. Gass (Bar No. 259694) 27 andrew.gass@lw.com Ivana Dukanovic (Bar No. 312937) 28 1) ivana.dukanovic@lw.com 7 | 505 Montgomery Street, Suite 2000 San Francisco, California 94111-6538 3 | Telephone: +1.415.391.0600 4 || Facsimile: +1.415.395.8095 5 | Allison L. Stillman (pro hac vice) 6 | alli.stillman@lw.com 1271 Avenue of the Americas 7 | New York, New York 10020 g | Telephone: +1.212.906.1747 Facsimile: +1.212.751.4864 19 || Allison S. Blanco (Bar No. 287554) allison.blanco@|lw.com 11 | 650 Town Center Drive 12 | Costa Mesa, California 92626-1925 Telephone: +1.714.540.1235 | Facsimile: +1.714.755.8290 14 | Attorneys for Defendant Triller, Inc. 15 16 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 17 18 | DATED: 9/10/2021 19 20 : 21 22 |} HON. ALEXANDER F. MacKINNON 23 | United States Magistrate Judge 24 25 26 27 28

1 ATTESTATION 2 Pursuant to Local Rule 5-4.3.4(a)(2), I hereby attest that all other signatories 3 listed, and on whose behalf the filing is submitted, concur in the filing’s content 4 and have authorized this filing. 5 Dated: September 10, 2021 LATHAM & WATKINS LLP 6 7 By: /s/ Allison L. Stillman Allison L. Stillman 8

9 10 11 12 13 14 15 16 17 18 19 20 21 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], declare under penalty of 5 perjury that I have read in its entirety and understand the Stipulated Protective Order 6 that was issued by the United States District Court for the Central District of 7 California on [date] in the case of ____________ [insert formal name of the case 8 and the number and initials assigned to it by the court]. I agree to comply with 9 and to be bound by all the terms of this Stipulated Protective Order and I understand 10 and 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 in 12 any manner any information or item that is subject to this Stipulated Protective Order 13 to any person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for 15 the Central District of California for enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of 17 this action. 18 I hereby appoint ___________________________________ [print or type full 19 name] of _____________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: _____________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _____________________________ 26 27 Signature: ________________________________ 28