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

11 C.R. LAURENCE CO., INC., Case No. 21-cv-01334-JWH (RAOx)

12 Plaintiff,

STIPULATED PROTECTIVE ORDER1

13 v.

14 FRAMELESS HARDWARE COMPANY LLC, et al. 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 1 1. PURPOSES AND LIMITATIONS 2 Discovery in this Action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted (“Protected Material”). Accordingly, the Parties hereby stipulate to 6 and petition the Court to enter the following Stipulated Protective Order. The 7 Parties acknowledge that this Order does not confer blanket protections on all 8 disclosures or responses to discovery and that the protection it affords from public 9 disclosure and use extends only to the limited information or items that are entitled 10 to confidential treatment under the applicable legal principles. 11 2. GOOD CAUSE STATEMENT 12 This Action is likely to involve trade secrets, customer and pricing lists and 13 other valuable research, development, commercial, financial, technical and/or 14 proprietary information for which special protection from public disclosure and 15 from use for any purpose other than prosecution of this Action is warranted. Such 16 confidential and proprietary materials and information consist of, among other 17 things, confidential business or financial information, information regarding 18 confidential business practices, or other confidential research, development, or 19 commercial information (including information implicating privacy rights of third 20 parties), information otherwise generally unavailable to the public, or which may be 21 privileged or otherwise protected from disclosure under state or federal statutes, 22 court rules, case decisions, or common law. Accordingly, to expedite the flow of 23 information, to facilitate the prompt resolution of disputes over confidentiality of 24 discovery materials, to adequately protect information the Parties are entitled to 25 keep confidential, to ensure that the Parties are permitted reasonable necessary uses 26 of such material in preparation for and in the conduct of trial, to address their 27 handling at the end of the litigation, and serve the ends of justice, a protective order 1 information will not be designated as confidential for tactical reasons and that 2 nothing be so designated without a good faith belief that it has been maintained in a 3 confidential, non-public manner, and there is good cause why it should not be part 4 of the public record of this case. 5 3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 6 The Parties further acknowledge, as set forth in Section 15.3, below, that this 7 Stipulated Protective Order does not entitle them to file confidential information 8 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 9 and the standards that will be applied when a party seeks permission from the court 10 to file material under seal. 11 There is a strong presumption that the public has a right of access to judicial 12 proceedings and records in civil cases. In connection with non-dispositive motions, 13 good cause must be shown to support a filing under seal. See Kamakana v. City and 14 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors 15 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, 16 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 17 require good cause showing), and a specific showing of good cause or compelling 18 reasons with proper evidentiary support and legal justification, must be made with 19 respect to Protected Material that a party seeks to file under seal. The Parties’ mere 20 designation of Disclosure or Discovery Material as CONFIDENTIAL or as 21 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY does not—without the 22 submission of competent evidence by declaration, establishing that the material 23 sought to be filed under seal qualifies as confidential, privileged, or otherwise 24 protectable—constitute good cause. 25 Further, if a party requests sealing related to a dispositive motion or trial, then 26 compelling reasons, not only good cause, for the sealing must be shown, and the 27 relief sought shall be narrowly tailored to serve the specific interest to be protected. 1 each item or type of information, document, or thing sought to be filed or introduced 2 under seal in connection with a dispositive motion or trial, the party seeking 3 protection must articulate compelling reasons, supported by specific facts and legal 4 justification, for the requested sealing order. Again, competent evidence supporting 5 the application to file documents under seal must be provided by declaration. 6 Any document that is not confidential, privileged, or otherwise protectable in 7 its entirety will not be filed under seal if the confidential portions can be redacted. 8 If documents can be redacted, then a redacted version for public viewing, omitting 9 only the confidential, privileged, or otherwise protectable portions of the document 10 shall be filed. Any application that seeks to file documents under seal in their 11 entirety should include an explanation of why redaction is not feasible. 12 4. DEFINITIONS 13 4.1 Action: this pending federal lawsuit, captioned C.R. Laurence Co., Inc. 14 v. Frameless Hardware Company LLC, et al., Case No. 21-cv-01334 JWH (RAOx). 15 4.2 Challenging Party: a Party or Non-Party that challenges the 16 designation of information or items under this Order. 17 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 18 how it is generated, stored or maintained) or tangible things that qualify for 19 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 20 the Good Cause Statement. 21 4.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 22 Information or Items: information (regardless of how it is generated, stored or 23 maintained) or tangible things that qualifies or qualify for protection under Federal 24 Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement, 25 and that is or are deserving of a stricter designation because it contains or they 26 contain extremely sensitive CONFIDENTIAL information that, if disclosed to 27 another Party or Non-Party, would create a substantial risk of harm that cannot be 1 4.5 Counsel: Outside Counsel of Record and House Counsel (as well as 2 their support staff). 3 4.6 Designating Party: a Party or Non-Party that designates information or 4 items that it produces in disclosures or in responses to discovery as 5 “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 6 ONLY.” 7 4.7 Disclosure or Discovery Material: all items or information, regardless 8 of the medium or manner in which it is generated, stored, or maintained (including, 9 among other things, testimony, transcripts, and tangible things) that are produced or 10 generated in disclosures or responses to discovery in this matter. 11 4.8 Expert: a person with specialized knowledge or experience in a matter 12 pertinent to the litigation who has been retained by a Party or its counsel to serve as 13 an expert witness or as a consultant in this Action. 14 4.9 House Counsel: attorneys who are employees of a party to this Action. 15 House Counsel does not include Outside Counsel of Record or any other outside 16 counsel. 17 4.10 Non-Party: any natural person, partnership, corporation, association or 18 other legal entity not named as a Party to this Action. 19 4.11 Outside Counsel of Record: attorneys who are not employees of a 20 party to this Action but are retained to represent or advise a party to this Action and 21 have appeared in this Action on behalf of that party or are affiliated with a law firm 22 that has appeared on behalf of that party, and includes support staff. 23 4.12 Party: any party to this Action, including all of its officers, directors, 24 employees, consultants, retained Experts, and Outside Counsel of Record (and their 25 support staffs). The parties to this Action are collectively referred to as the 26 “Parties”. 27 4.13 Producing Party: a Party or Non-Party that produces Disclosure or 1 4.14 Professional Vendors: persons or entities that provide litigation 2 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 3 demonstrations, and organizing, storing, or retrieving data in any form or medium) 4 and their employees and subcontractors. 5 4.15 Protected Material: any Disclosure or Discovery Material that is 6 designated as “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL – 7 ATTORNEYS’ EYES ONLY.” 8 4.16 Receiving Party: a Party that receives Disclosure or Discovery 9 Material from a Producing Party. 10 5. SCOPE 11 The protections conferred by this Stipulation and Order cover not only 12 Protected Material (as defined above), but also (1) any information copied or 13 extracted from Protected Material; (2) all copies, excerpts, summaries, or 14 compilations of Protected Material; and (3) any testimony, conversations, or 15 presentations by Parties or their Counsel that might reveal Protected Material. 16 Any use of Protected Material at trial shall be governed by the orders of the 17 trial judge. This Order does not govern the use of Protected Material at trial. 18 6. DURATION 19 Once a case proceeds to trial, information that was designated as 20 CONFIDENTIAL or as HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 21 ONLY or maintained pursuant to this protective order used or introduced as an 22 exhibit at trial becomes public and will be presumptively available to all members of 23 the public, including the press, unless compelling reasons supported by specific 24 factual findings to proceed otherwise are made to the trial judge in advance of the 25 trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for 26 sealing documents produced in discovery from “compelling reasons” standard when 27 merits-related documents are part of court record). Accordingly, the terms of this 1 ATTORNEYS’ EYES ONLY Information or Items used or introduced as an exhibit 2 at the trial. 3 7. DESIGNATING PROTECTED MATERIAL 4 7.1 Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or Non-Party that designates information or items for protection under 6 this Order must take care to limit any such designation to specific material that 7 qualifies under the appropriate standards. The Designating Party must designate for 8 protection only those parts of material, documents, items or oral or written 9 communications that qualify so that other portions of the material, documents, items 10 or communications for which protection is not warranted are not swept unjustifiably 11 within the ambit of this Order. 12 Mass, indiscriminate or routinized designations are prohibited. Designations 13 that are shown to be clearly unjustified or that have been made for an improper 14 purpose (e.g., to unnecessarily encumber the case development process or to impose 15 unnecessary expenses and burdens on other Parties) may expose the Designating 16 Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 7.2 Manner and Timing of Designations. Except as otherwise provided in 21 this Order (see, e.g., second paragraph of Section 7.2(a), below), or as otherwise 22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 23 under this Order must be clearly so designated before the material is disclosed or 24 produced. 25 Designation in conformity with this Order requires: 26 (a) for information in documentary form (e.g., paper or electronic 27 documents, but excluding transcripts of depositions or other pretrial or trial 1 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 2 ONLY” (hereinafter “CONFIDENTIAL legend” or the “HIGHLY 3 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend), as appropriate, to each 4 page that contains protected material. If only a portion of the material on a page 5 qualifies for protection, the Producing Party also must clearly identify the protected 6 portion(s) (e.g., by making appropriate markings in the margins). 7 A Party or Non-Party that makes original documents available for inspection 8 need not designate them for protection until after the inspecting Party has indicated 9 which documents it would like copied and produced. During the inspection and 10 before the designation, all of the material made available for inspection shall be 11 deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the 12 inspecting Party has identified the documents it wants copied and produced, the 13 Producing Party must determine which documents, or portions thereof, qualify for 14 protection under this Order. Then, before producing the specified documents, the 15 Producing Party must affix the “CONFIDENTIAL legend” or the “HIGHLY 16 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend, as appropriate, to each 17 page that contains Protected Material. If only a portion of the material on a page 18 qualifies for protection, the Producing Party also must clearly identify the protected 19 portion(s) (e.g., by making appropriate markings in the margins). 20 (b) for testimony given in depositions, that the Designating Party can 21 designate testimony in one of two ways. First, a Party may identify the Disclosure 22 or Discovery Material on the record, before the close of the deposition all Protected 23 Material. Transcripts containing Protected Material shall bear a clear marking on the 24 title page that shows the transcript contains such Protected Material. The 25 Designating Party shall inform the court reporter of these requirements during the 26 corresponding deposition. Second, within 14 days of receipt of the deposition 27 transcript, a Party may identify the section(s) of the testimony to be designated by 1 specific page numbers. All deposition transcripts shall be treated as HIGHLY 2 CONFIDENTIAL – ATTORNEYS’ EYES ONLY until 14 days after receipt of the 3 transcript in order to give the Parties an opportunity to make designations. 4 (c) for information produced in some form other than documentary and 5 for any other tangible items, that the Producing Party affix in a prominent place on 6 the exterior of the container or containers in which the information is stored the 7 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” as appropriate. If 8 only a portion or portions of the information warrants protection, the Producing 9 Party, to the extent practicable, shall identify the protected portion(s). 10 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 11 failure to designate qualified information or items does not, standing alone, waive 12 the Designating Party’s right to secure protection under this Order for such material. 13 Upon timely correction of a designation, the Receiving Party must make reasonable 14 efforts to assure that the material is treated in accordance with the provisions of this 15 Order. 16 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 17 8.1 Timing of Challenges. Any Party or Non-Party may challenge a 18 designation of confidentiality at any time that is consistent with the Court’s 19 Scheduling Order. 20 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 21 resolution process under Local Rule 37.1, et seq. 22 8.3 The burden of persuasion in any such challenge proceeding shall be on 23 the Designating Party. Frivolous challenges, and those made for an improper 24 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 25 Parties) may expose the Challenging Party to sanctions. Unless the Designating 26 Party has waived or withdrawn the confidentiality designation, all Parties shall 27 continue to afford the material in question the level of protection to which it is 1 entitled under the Producing Party’s designation until the Court rules on the 2 challenge. 3 9. ACCESS TO AND USE OF PROTECTED MATERIAL 4 9.1 Basic Principles. A Receiving Party may use Protected Material that is 5 disclosed or produced by another Party or by a Non-Party in connection with this 6 Action only for prosecuting, defending or attempting to settle this Action. Such 7 Protected Material may be disclosed only to the categories of persons and under the 8 conditions described in this Order. When the Action has been terminated, a 9 Receiving Party must comply with the provisions of Section 16, below (FINAL 10 DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a 12 location and in a secure manner that ensures that access is limited to the persons 13 authorized under this Order. 14 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 15 otherwise ordered by the court or permitted in writing by the Designating Party, a 16 Receiving Party may disclose any information or item designated 17 “CONFIDENTIAL” only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 19 well as employees of said Outside Counsel of Record to whom it is reasonably 20 necessary to disclose the information for this Action; 21 (b) the officers, directors, and employees (including House Counsel) of 22 the Receiving Party to whom disclosure is reasonably necessary for this Action; 23 (c) Experts (as defined in this Order) of the Receiving Party to whom 24 disclosure is reasonably necessary for this Action and who have signed the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (d) the court and its personnel; 27 (e) court reporters and their staff; 1 Vendors to whom disclosure is reasonably necessary for this Action and who have 2 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (g) the author or recipient of a document containing the information or a 4 custodian or other person who otherwise possessed or knew the information; 5 (h) during their depositions, witnesses, and attorneys for witnesses, in the 6 Action to whom disclosure is reasonably necessary, provided that: (1) the deposing 7 Party requests that the witness sign the form attached as Exhibit A hereto; and (2) 8 such witnesses will not be permitted to keep any confidential information unless 9 they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 10 otherwise agreed by the Designating Party or ordered by the court. Pages of 11 transcribed deposition testimony or exhibits to depositions that reveal Protected 12 Material may be separately bound by the court reporter and may not be disclosed to 13 anyone except as permitted under this Stipulated Protective Order; and 14 (i) any mediator or settlement officer, and their supporting personnel, 15 mutually agreed upon by any of the Parties engaged in settlement discussions. 16 9.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 17 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 18 writing by the Designating Party, a Receiving Party may disclose any information or 19 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only 20 to the persons identified in Sections 9.2(a), 9.2(c) through 9.2(f), and 9.2(i); 21 provided, however, that to the extent a Receiving Party seeks to disclose any 22 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY Information or Items 23 to anyone in Section 9.2(c) (Experts) the following procedure is followed: Before 24 access is given, the signed Exhibit A is served upon the Producing Party with a 25 current curriculum vitae of the Expert at least seven (7) days before access to the 26 Protected Material is to be given to that Expert, and the Producing Party is provided 27 that seven (7) days to object to the disclosure of Protected Material to the Expert. If 1 resolve any such objection. If the Parties are unable to resolve any objection, the 2 Producing Party may, within ten (10) days of written notice of the failure to resolve 3 the objection, or within such other time as the Parties may agree, file a motion with 4 the Court pursuant to Local Rules 37-1 through 37-4 seeking a protective order with 5 respect to the proposed disclosure. The Producing Party shall have the burden of 6 proving the need for a protective order. No disclosure to the Expert shall occur until 7 all such objections are resolved by agreement or Court order. 8 10. PATENT PROSECUTION BAR 9 Absent written consent from the Producing Party, any individual who receives 10 access to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 11 information or items shall not be involved in the prosecution of patents or patent 12 applications relating to the subject matter of this Action, including without 13 limitation the patent asserted in this Action and any patent or patent application 14 claiming priority to or otherwise related to the patent asserted in this Action, before 15 any foreign or domestic agency, including the United States Patent and Trademark 16 Office. For purposes of this paragraph, “prosecution” includes directly or indirectly 17 drafting, amending, or otherwise affecting the scope or maintenance of patent 18 claims.2 To avoid any doubt, “prosecution” as used in this paragraph does not 19 include representing a party challenging a patent before a domestic or foreign 20 agency (including, but not limited to, a reissue protest, ex parte reexamination or 21 inter partes review) or defending against such a challenge, provided that individuals 22 who receive access to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 23 ONLY” information or items shall not be involved in drafting or amending patent 24 claims, and shall not advise, either directly or indirectly, those who do. This 25 Prosecution Bar shall begin when access to “HIGHLY CONFIDENTIAL – 26

27 2 Prosecution includes, for example, original prosecution, as well as reissue, 1 ATTORNEYS’ EYES ONLY” information is first received by the affected 2 individual and shall end two (2) years after final termination of this Action. 3 11. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 4 IN OTHER LITIGATION 5 If a Party is served with a subpoena or a court order issued in other litigation 6 that compels disclosure of any information or items designated in this Action as 7 “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 8 ONLY,” that Party must: 9 (a) promptly notify in writing the Designating Party. Such notification 10 shall include a copy of the subpoena or court order; 11 (b) promptly notify in writing the Party who caused the subpoena or order 12 to issue in the other litigation that some or all of the material covered by the 13 subpoena or order is subject to this Protective Order. Such notification shall include 14 a copy of this Stipulated Protective Order; and 15 (c) cooperate with respect to all reasonable procedures sought to be 16 pursued by the Designating Party whose Protected Material may be affected. 17 If the Designating Party timely seeks a protective order, the Party served with 18 the subpoena or court order shall not produce any information designated in this 19 Action as “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ 20 EYES ONLY,” as appropriate, before a determination by the court from which the 21 subpoena or order issued, unless the Party has obtained the Designating Party’s 22 permission. The Designating Party shall bear the burden and expense of seeking 23 protection in that court of its Protected Material and nothing in these provisions 24 should be construed as authorizing or encouraging a Receiving Party in this Action 25 to disobey a lawful directive from another court. 26 12. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 27 PRODUCED IN THIS LITIGATION 1 Non-Party in this Action and designated as “CONFIDENTIAL” or as “HIGHLY 2 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by 3 Non-Parties in connection with this litigation is protected by the remedies and relief 4 provided by this Order. Nothing in these provisions should be construed as 5 prohibiting a Non-Party from seeking additional protections. 6 (b) In the event that a Party is required, by a valid discovery request, to 7 produce a Non-Party’s confidential information in its possession, and the Party is 8 subject to an agreement with the Non-Party not to produce the Non-Party’s 9 confidential information, then the Party shall: 10 (1) promptly notify in writing the Requesting Party and the Non-Party 11 that some or all of the information requested is subject to a confidentiality 12 agreement with a Non-Party; 13 (2) promptly provide the Non-Party with a copy of the Stipulated 14 Protective Order in this Action, the relevant discovery request(s), and a reasonably 15 specific description of the information requested; and 16 (3) make the information requested available for inspection by the 17 Non-Party, if requested. 18 (c) If the Non-Party fails to seek a protective order from this court within 19 14 days of receiving the notice and accompanying information, the Receiving Party 20 may produce the Non-Party’s confidential information responsive to the discovery 21 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 22 not produce any information in its possession or control that is subject to the 23 confidentiality agreement with the Non-Party before a determination by the court. 24 Absent a court order to the contrary, the Non-Party shall bear the burden and 25 expense of seeking protection in this court of its Protected Material. 26 13. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 27 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 1 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 2 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 3 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 4 persons to whom unauthorized disclosures were made of all the terms of this Order, 5 and (d) request such person or persons to execute the “Acknowledgment and 6 Agreement to Be Bound” that is attached hereto as Exhibit A. 7 14. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 8 PROTECTED MATERIAL 9 When a Producing Party gives notice to Receiving Parties that certain 10 inadvertently produced material is subject to a claim of privilege or other protection, 11 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 12 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 13 procedure may be established in an e-discovery order that provides for production 14 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 15 (e), insofar as the Parties reach an agreement on the effect of disclosure of a 16 communication or information covered by the attorney-client privilege or work 17 product protection, the Parties may incorporate their agreement in the stipulated 18 protective order submitted to the court. 19 15. MISCELLANEOUS 20 15.1 Right to Further Relief. Nothing in this Order abridges the right of any 21 person to seek its modification by the Court in the future. 22 15.2 Right to Assert Other Objections. By stipulating to the entry of this 23 Protective Order, no Party waives any right it otherwise would have to object to 24 disclosing or producing any information or item on any ground not addressed in this 25 Stipulated Protective Order. Similarly, no Party waives any right to object on any 26 ground to use in evidence of any of the material covered by this Protective Order. 27 15.3 Filing Protected Material. A Party that seeks to file under seal any 1 may only be filed under seal pursuant to a court order authorizing the sealing of the 2 specific Protected Material at issue. If a Party’s request to file Protected Material 3 under seal is denied by the court, then the Receiving Party may file the information 4 in the public record unless otherwise instructed by the court. 5 16. FINAL DISPOSITION 6 After the final disposition of this Action, as defined in paragraph 4, within 60 7 days of a written request by the Designating Party, each Receiving Party must return 8 all Protected Material to the Producing Party or destroy such material. As used in 9 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 10 summaries, and any other format reproducing or capturing any of the Protected 11 Material. Whether the Protected Material is returned or destroyed, the Receiving 12 Party must submit a written certification to the Producing Party (and, if not the same 13 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 14 (by category, where appropriate) all the Protected Material that was returned or 15 destroyed and (2) affirms that the Receiving Party has not retained any copies, 16 abstracts, compilations, summaries or any other format reproducing or capturing any 17 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 18 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 19 transcripts, legal memoranda, correspondence, deposition and trial exhibits, Expert 20 reports, attorney work product, and consultant and Expert work product, even if 21 such materials contain Protected Material. Any such archival copies that contain or 22 constitute Protected Material remain subject to this Protective Order as set forth in 23 Section 6 above (DURATION). 24 // 25 // 26 // 27 // 1 17. VIOLATION 2 || Any violation of this Order may be punished by appropriate measures including, 3 || without limitation, contempt proceedings and/or monetary sanctions. 4 5 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 || BARNES & THORNBURG LLP

GARRETT S. LLEWELLYN (SBN 267427)

7 garrett. llewellyn@btlaw.com 029 Century Park East, Suite 300 8 || Los Angeles, California 90067 Telephone: (310) 284-3880 9 || Facsimile: (310) 284-3894 10 DATED: September 15, 2021

12 /s/ Garrett S. Llewellyn

GARRETT S. LLEWELLYN

13 Attorneys for Plaintiff 14

SHEPPARD MULLIN RICHTER & HAMPTON LLP

|| KENT R. RAYGOR, Cal. Bar No. 117234 Kray gor@sheppardimullin.com 16 || 1901 Avenue of the Stars, 16"" Floor Los Angeles, California 90067 17 || Telephone: (310) 228-3700 18 Facsimile: (310) 229-3701

19 DATED: September 15, 2021

20 /s/ Kent R. Raygor

KENT R. RAYGOR

21 Attorneys for Defendants 22 23

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

24 DATED: September 17, 2021 . 25 Rapetls, 26 HON: ROZELLA A. OLIVER 7 United States Magistrate Judge 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], 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 California 7 on [date] in the case of C.R. Laurence Co., Inc. v. Frameless Hardware Company 8 LLC, et al., Case No. 21-cv-01334 JWH (RAOx). I agree to comply with and to be 9 bound 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 punishment 11 in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Stipulated Protective Order to any 13 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 15 for 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. I hereby appoint __________________________ [print or type full 18 name] of _______________________________________ [print or type full address 19 and telephone number] as my California agent for service of process in connection 20 with this Action or any proceedings related to enforcement of this Stipulated 21 Protective Order. 22 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27