1 2 3 4 5 6 7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9 10 11 FEDERAL TRADE COMMISSION, Case No. 2:21-cv-4155-RGK-MAA 12 et al.,

STIPULATED PROTECTIVE

13 Plaintiffs, ORDER 14 v.

15 FRONTIER COMMUNICATIONS CORPORATION, et al., 16 Defendants. 17 18 19 1. 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 Stipulated Protective Order does not confer blanket protections on all disclosures or 26 responses to discovery and that the protection it affords from public disclosure and 27 use extends only to the limited information or items that are entitled to confidential 28 treatment under the applicable legal principles. The parties further acknowledge, as 1 set forth in Section 13.3 below, that this Stipulated Protective Order does not entitle 2 them to file confidential information under seal; Local Rule 79-5 sets forth the 3 procedures that must be followed and the standards that will be applied when a 4 party seeks permission from the Court to file material under seal. 5 6 2. GOOD CAUSE STATEMENT 7 This action is likely to involve trade secrets, customer and pricing lists and 8 other valuable research, development, commercial, financial, technical and/or 9 proprietary information for which special protection from public disclosure and 10 from use for any purpose other than prosecution of this action is warranted. Such 11 confidential and proprietary materials and information consist of, among other 12 things, confidential business or financial information, information regarding 13 confidential business practices, or other confidential research, development, or 14 commercial information (including information implicating privacy rights of third 15 parties), information otherwise generally unavailable to the public, or which may be 16 privileged or otherwise protected from disclosure under state or federal statutes, 17 court rules, case decisions, or common law. 18 Additionally, this action is likely to involve the production of sensitive 19 personal information. Sensitive personal information means any: 20 (a) Social Security Number; 21 (b) Sensitive health-related data, including medical records; 22 (c) Biometric identifier; 23 (d) Any one or more of the following when combined with an individual’s 24 name, address, or phone number: (1) date of birth, (2) driver’s license 25 or other state identification number, or a foreign equivalent, (3) 26 military identification number, (4) passport number, (5) financial 27 institution account number, or (6) credit or debit card number; 28 (e) An individual’s name, if that individual is a minor; 1 (f) An individual’s telephone number, email address, or home address, 2 unless relevant to a claim or defense of any party; or 3 (g) Other sensitive information relating to an individual entitled to 4 confidential status under applicable law or by order of this Court. 5 Accordingly, to expedite the flow of information, to facilitate the prompt 6 resolution of disputes over confidentiality of discovery materials, to adequately 7 protect information the parties are entitled to keep confidential, to ensure that the 8 parties are permitted reasonable necessary uses of such material in preparation for 9 and in the conduct of trial, to address their handling at the end of the litigation, and 10 to serve the ends of justice, a protective order for such information is justified in 11 this matter. It is the intent of the parties that information will not be designated as 12 confidential for tactical reasons and that nothing be so designated without a good 13 faith belief that it has been maintained in a confidential, non-public manner, and 14 there is good cause why it should not be part of the public record of this case. 15 16 3. DEFINITIONS 17 3.1. Action: This pending federal lawsuit. 18 3.2. Challenging Party: A Party or Nonparty that challenges the 19 designation of information or items under this Stipulated Protective 20 Order. 21 3.3. “CONFIDENTIAL” Information or Items: Information (regardless of 22 how it is generated, stored or maintained) or tangible things that 23 qualify for protection under Federal Rule of Civil Procedure 26(c), and 24 as specified above in the Good Cause Statement. As used in this 25 Order, CONFIDENTIAL Information means any document, or any 26 portion thereof, which contains confidential or proprietary business, 27 commercial, research, personnel, product or financial content 28 belonging to the producing party, and which is designated as 1 “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” for 2 purposes of this litigation. CONFIDENTIAL Information may fall 3 within one of more of the following categories: (a) information 4 prohibited from disclosure by statute or contractual agreement; 5 (b) information that reveals trade secrets; (c) research, technical, 6 commercial or financial information that the party has maintained as 7 confidential; (d) medical information concerning any individual; 8 (e) personal identity information; (f) income tax returns (including 9 attached schedules and forms), W-2 forms, and 1099 forms; 10 (g) personnel or employment records of a person who is not a party to 11 the case; (h) current or future business strategies or other strategic 12 planning information; (i) projections or plans regarding performance, 13 budgets, production, output, sales, marketing, or distribution practices; 14 (j) research and development information; (k) manufacturing know- 15 how or technology; (l) board of directors materials and presentations; 16 (m) customer lists or information; (n) negotiation strategies; 17 (o) proprietary software, systems, or processes; (p) margin, cost, and 18 pricing information; or (q) intellectual property. These categories are 19 expressly provided for illustrative purposes only, and are not intended 20 to be and should not be construed as exhaustive of the types of 21 information that may be appropriate designated as CONFIDENTIAL 22 Information. The mere fact that information or a document falls 23 within one of these categories does not, by itself, justify designating 24 that information or document as CONFIDENTIAL. The parties will 25 make reasonable efforts to ensure that information or documents that 26 are available to the public are not designated as CONFIDENTIAL 27 Information. 28 3.4 Counsel: Outside Counsel of Record and In-House Counsel (as well 1 as their support staff). 2 3.5. Designating Party: A Party or Nonparty that designates information or 3 items that it produces in disclosures or in responses to discovery as 4 “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.” 5 3.6. Disclosure or Discovery Material: All items or information, regardless 6 of the medium or manner in which it is generated, stored, or 7 maintained (including, among other things, testimony, transcripts, and 8 tangible things), that is produced or generated in disclosures or 9 responses to discovery in this matter. 10 3.7. Expert: A person with specialized knowledge or experience in a 11 matter pertinent to the litigation who has been retained by a Party or its 12 counsel to serve as an expert witness or as a consultant in this Action. 13 3.8. In-House Counsel: Attorneys who are employees of a party to this 14 Action. In-House Counsel does not include Outside Counsel of 15 Record or any other outside counsel. 16 3.9. Nonparty: Any natural person, partnership, corporation, association, 17 or other legal entity not named as a Party to this action. 18 3.10. Outside Counsel of Record: Attorneys who are not employees of a 19 party to this Action but are retained to represent or advise a party to 20 this Action and have appeared in this Action on behalf of that party or 21 are affiliated with a law firm which has appeared on behalf of that 22 party, and includes support staff. 23 3.11. Party: Any party to this Action, including all of its officers, directors, 24 employees, consultants, retained experts, In-House Counsel, and 25 Outside Counsel of Record (and their support staffs). 26 3.12. Producing Party: A Party or Nonparty that produces Disclosure or 27 Discovery Material in this Action. 28 3.13. Professional Vendors: Persons or entities that provide litigation 1 support services (e.g., photocopying, videotaping, translating, 2 preparing exhibits or demonstrations, and organizing, storing, or 3 retrieving data in any form or medium) and their employees and 4 subcontractors. 5 3.14. Protected Material: Any Disclosure or Discovery Material that is 6 designated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE 7 ORDER.” 8 3.15. Receiving Party: A Party that receives Disclosure or Discovery 9 Material from a Producing Party. 10 11 4. SCOPE 12 The protections conferred by this Stipulated Protective Order cover not only 13 Protected Material, but also (1) any information copied or extracted from Protected 14 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 15 and (3) any testimony, conversations, or presentations by Parties or their Counsel 16 that might reveal Protected Material. 17 Any use of Protected Material at trial shall be governed by the orders of the 18 trial judge. This Stipulated Protective Order does not govern the use of Protected 19 Material at trial. 20 21 5. DURATION 22 Once a case proceeds to trial, all of the information that was designated as 23 confidential or maintained pursuant to this Stipulated Protective Order becomes 24 public and presumptively will be available to all members of the public, including 25 the press, unless compelling reasons supported by specific factual findings to 26 proceed otherwise are made to the trial judge in advance of the trial. See 27 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) 28 (distinguishing “good cause” showing for sealing documents produced in discovery 1 from “compelling reasons” standard when merits-related documents are part of 2 court record). Accordingly, the terms of this Stipulated Protective Order do not 3 extend beyond the commencement of the trial. 4 5 6. DESIGNATING PROTECTED MATERIAL 6 6.1. Exercise of Restraint and Care in Designating Material for Protection. 7 Each Party or Nonparty that designates information or items for protection 8 under this Stipulated Protective Order must take care to limit any such designation 9 to specific material that qualifies under the appropriate standards. The Designating 10 Party must designate for protection only those parts of material, documents, items, 11 or oral or written communications that qualify so that other portions of the material, 12 documents, items, or communications for which protection is not warranted are not 13 swept unjustifiably within the ambit of this Stipulated Protective Order. 14 Mass, indiscriminate, or routinized designations are prohibited. Designations 15 that are shown to be clearly unjustified or that have been made for an improper 16 purpose (e.g., to unnecessarily encumber the case development process or to 17 impose unnecessary expenses and burdens on other parties) may expose the 18 Designating Party to sanctions. 19 6.2. Manner and Timing of Designations. 20 Except as otherwise provided in this Stipulated Protective Order (see, e.g., 21 Section 6.2(a)), or as otherwise stipulated or ordered, Disclosure or Discovery 22 Material that qualifies for protection under this Stipulated Protective Order must be 23 clearly so designated before the material is disclosed or produced. 24 Designation in conformity with this Stipulated Protective Order requires the 25 following: 26 (a) For information in documentary form (e.g., paper or electronic 27 documents, but excluding transcripts of depositions or other pretrial or 28 trial proceedings), that the Producing Party affix at a minimum, the 1 legend “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” 2 to each page that contains protected material. If only a portion or 3 portions of the material on a page qualifies for protection, the 4 Producing Party also must clearly identify the protected portion(s) 5 (e.g., by making appropriate markings in the margins). To the extent a 6 document is produced in a form in which placing or affixing the words 7 “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” on the 8 document is not practicable, the Producing Party may designate the 9 document as “CONFIDENTIAL – SUBJECT TO PROTECTIVE 10 ORDER” by inserting a slip sheet, by affixing a label to the 11 production media containing the document, by including the 12 designation in the file title, or, if necessary, by including such 13 designation in a cover letter. 14 A Party or Nonparty that makes original documents available for 15 inspection need not designate them for protection until after the 16 inspecting Party has indicated which documents it would like copied 17 and produced. During the inspection and before the designation, all of 18 the material made available for inspection shall be deemed 19 “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.” After 20 the inspecting Party has identified the documents it wants copied and 21 produced, the Producing Party must determine which documents, or 22 portions thereof, qualify for protection under this Stipulated Protective 23 Order. Then, before producing the specified documents, the Producing 24 Party must affix the legend “CONFIDENTIAL – SUBJECT TO 25 PROTECTIVE ORDER” to each page that contains Protected 26 Material. If only a portion or portions of the material on a page 27 qualifies for protection, the Producing Party also must clearly identify 28 the protected portion(s) (e.g., by making appropriate markings in the 1 margins). 2 (b) For testimony given in depositions, that the Designating Party identify 3 the Disclosure or Discovery Material within 10 days of receipt of the 4 final transcript. If any testimony is identified as Protected Material 5 during a deposition, absent agreement on the scope of confidentiality, 6 the entire transcript shall be treated as confidential until 10 days after 7 the designating entity’s receipt of the final transcript. 8 (c) For information produced in nondocumentary form, and for any other 9 tangible items, that the Producing Party affix in a prominent place on 10 the exterior of the container or containers in which the information is 11 stored the legend “CONFIDENTIAL – SUBJECT TO PROTECTIVE 12 ORDER.” If only a portion or portions of the information warrants 13 protection, the Producing Party, to the extent practicable, shall identify 14 the protected portion(s). 15 6.3. Inadvertent Failure to Designate. 16 If timely corrected, an inadvertent failure to designate qualified information 17 or items does not, standing alone, waive the Designating Party’s right to secure 18 protection under this Stipulated Protective Order for such material. Upon timely 19 correction of a designation, the Receiving Party must make reasonable efforts to 20 assure that the material is treated in accordance with the provisions of this 21 Stipulated Protective Order. However, a recipient’s prior disclosure of newly 22 designated Protected Material shall not violate this Order. In the event of 23 subsequent designation of Protected Material after disclosure, the parties shall 24 cooperate to protect such material from future dissemination or public access. 25 26 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 27 7.1. Timing of Challenges. 28 Any Party or Nonparty may challenge a designation of confidentiality at any 1 time that is consistent with the Court’s Scheduling Order. 2 7.2. Meet and Confer. 3 The Challenging Party shall initiate the dispute resolution process, which 4 shall comply with Local Rule 37.1 et seq., and with Section 4 of Judge Audero’s 5 Procedures (“Mandatory Telephonic Conference for Discovery Disputes”).1 6 7.3. Burden of Persuasion. 7 The burden of persuasion in any such challenge proceeding shall be on the 8 Designating Party. Frivolous challenges, and those made for an improper purpose 9 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 10 expose the Challenging Party to sanctions. Unless the Designating Party has 11 waived or withdrawn the confidentiality designation, all parties shall continue to 12 afford the material in question the level of protection to which it is entitled under 13 the Producing Party’s designation until the Court rules on the challenge. 14 15 8. ACCESS TO AND USE OF PROTECTED MATERIALS 16 8.1. Basic Principles. 17 A Receiving Party may use Protected Material that is disclosed or produced 18 by another Party or by a Nonparty in connection with this Action only for 19 prosecuting, defending, or attempting to settle this Action. Such Protected Material 20 may be disclosed only to the categories of persons and under the conditions 21 described in this Stipulated Protective Order. When the Action reaches a final 22 disposition, a Receiving Party must comply with the provisions of Section 14 23 below. 24 Protected Material must be stored and maintained by a Receiving Party at a 25 location and in a secure manner that ensures that access is limited to the persons 26 27 1 Judge Audero’s Procedures are available at 28 https://www.cacd.uscourts.gov/honorable-maria-audero. 1 authorized under this Stipulated Protective Order. 2 8.2. Disclosure of “CONFIDENTIAL” Information or Items. 3 Unless otherwise ordered by the Court or permitted in writing by the 4 Designating Party, a Receiving Party may disclose any information or item 5 designated “CONFIDENTIAL” only to: 6 (a) Outside Counsel of Record, as well as employees of said Outside 7 Counsel of Record to whom it is reasonably necessary to disclose the 8 information for this Action; 9 (b) The officers, directors, and employees (including In-House Counsel) 10 of a Party to whom disclosure is reasonably necessary for this Action; 11 (c) Experts to whom disclosure is reasonably necessary for this Action 12 and who have signed the “Acknowledgment and Agreement to Be 13 Bound” (Exhibit A); 14 (d) The Court and its personnel; 15 (e) Court reporters and their staff; 16 (f) Professional jury or trial consultants, mock jurors, and Professional 17 Vendors to whom disclosure is reasonably necessary for this Action 18 and who have signed the “Acknowledgment and Agreement to be 19 Bound” (Exhibit A); 20 (g) The author or recipient of a document containing the information or a 21 custodian or other person who otherwise possessed or knew the 22 information;2 23 (h) During their depositions, witnesses, and attorneys for witnesses, in the 24 Action to whom disclosure is reasonably necessary provided: (i) the 25 deposing party requests that the witness sign the “Acknowledgment 26 27 2 For the avoidance of any doubt, this section authorizes the disclosure to current or former customers of information and/or documents reasonably related to their 28 accounts. 1 and Agreement to Be Bound” (Exhibit A); and (ii) the witness will not 2 be permitted to keep any confidential information unless they sign the 3 “Acknowledgment and Agreement to Be Bound,” unless otherwise 4 agreed by the Designating Party or ordered by the Court. Pages of 5 transcribed deposition testimony or exhibits to depositions that reveal 6 Protected Material may be separately bound by the court reporter and 7 may not be disclosed to anyone except as permitted under this 8 Stipulated Protective Order; and 9 (i) Any mediator or settlement officer, and their supporting personnel, 10 mutually agreed upon by any of the parties engaged in settlement 11 discussions. 12 8.3. Disclosure to Other Governmental Entities. 13 Notwithstanding the limitations set forth above and subject to taking 14 appropriate steps to preserve confidentiality, nothing in this Stipulated Protective 15 Order diminishes or expands (i) whatever rights and authorities the Federal Trade 16 Commission and California, individually and collectively, otherwise have under the 17 law to share “CONFIDENTIAL” information or items they obtain in this Action 18 with other law enforcement agencies, other governmental authorities and with 19 Congress, or (ii) whatever obligations the Federal Trade Commission and 20 California, individually and collectively, otherwise have under the law to protect 21 the confidentiality of such shared information. 22 23 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED 24 PRODUCED IN OTHER LITIGATION 25 If a Party is served with a subpoena or a court order issued in other litigation 26 that compels disclosure of any information or items designated in this Action as 27 “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER,” that Party must: 28 (a) Promptly notify in writing the Designating Party. Such notification 1 shall include a copy of the subpoena or court order; 2 (b) Promptly notify in writing the party who caused the subpoena or order 3 to issue in the other litigation that some or all of the material covered 4 by the subpoena or order is subject to this Stipulated Protective Order. 5 Such notification shall include a copy of this Stipulated Protective 6 Order; and 7 (c) Cooperate with respect to all reasonable procedures sought to be 8 pursued by the Designating Party whose Protected Material may be 9 affected. 10 If the Designating Party timely seeks a protective order, the Party served with 11 the subpoena or court order shall not produce any information designated in this 12 action as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” before a 13 determination by the Court from which the subpoena or order issued, unless the 14 Party has obtained the Designating Party’s permission. The Designating Party shall 15 bear the burden and expense of seeking protection in that court of its confidential 16 material and nothing in these provisions should be construed as authorizing or 17 encouraging a Receiving Party in this Action to disobey a lawful directive from 18 another court. 19 20 10. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE 21 PRODUCED IN THIS LITIGATION 22 10.1. Application. 23 The terms of this Stipulated Protective Order are applicable to information 24 produced by a Nonparty in this Action and designated as “CONFIDENTIAL – 25 SUBJECT TO PROTECTIVE ORDER.” Such information produced by 26 Nonparties in connection with this litigation is protected by the remedies and relief 27 provided by this Stipulated Protective Order. Nothing in these provisions should be 28 construed as prohibiting a Nonparty from seeking additional protections. 1 10.2. Notification. 2 In the event that a Party is required, by a valid discovery request, to produce 3 a Nonparty’s confidential information in its possession, and the Party is subject to 4 an agreement with the Nonparty not to produce the Nonparty’s confidential 5 information, then the Party shall: 6 (a) Promptly notify in writing the Requesting Party and the Nonparty that 7 some or all of the information requested is subject to a confidentiality 8 agreement with a Nonparty; 9 (b) Promptly provide the Nonparty with a copy of the Stipulated 10 Protective Order in this Action, the relevant discovery request(s), and a 11 reasonably specific description of the information requested; and 12 (c) Make the information requested available for inspection by the 13 Nonparty, if requested. 14 10.3. Conditions of Production. 15 If the Nonparty fails to seek a protective order from this Court within 16 fourteen (14) days after receiving the notice and accompanying information, the 17 Receiving Party may produce the Nonparty’s confidential information responsive to 18 the discovery request. If the Nonparty timely seeks a protective order, the 19 Receiving Party shall not produce any information in its possession or control that 20 is subject to the confidentiality agreement with the Nonparty before a determination 21 by the Court. Absent a court order to the contrary, the Nonparty shall bear the 22 burden and expense of seeking protection in this Court of its Protected Material. 23 24 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 26 Protected Material to any person or in any circumstance not authorized under this 27 Stipulated Protective Order, the Receiving Party immediately must (1) notify in 28 writing the Designating Party of the unauthorized disclosures, (2) use its best 1 efforts to retrieve all unauthorized copies of the Protected Material, (3) inform the 2 person or persons to whom unauthorized disclosures were made of all the terms of 3 this Stipulated Protective Order, and (4) request such person or persons to execute 4 the “Acknowledgment and Agreement to be Bound” (Exhibit A). 5 6 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 7 PROTECTED MATERIAL 8 When a Producing Party gives notice to Receiving Parties that certain 9 inadvertently produced material is subject to a claim of privilege or other 10 protection, the obligations of the Receiving Parties are those set forth in Federal 11 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 12 whatever procedure may be established in an e-discovery order that provides for 13 production without prior privilege review. Pursuant to Federal Rule of Evidence 14 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 15 of a communication or information covered by the attorney-client privilege or work 16 product protection, the parties may incorporate their agreement in the Stipulated 17 Protective Order submitted to the Court. 18 19 13. MISCELLANEOUS 20 13.1. Right to Further Relief. 21 Nothing in this Stipulated Protective Order abridges the right of any person 22 to seek its modification by the Court in the future. 23 13.2. Right to Assert Other Objections. 24 By stipulating to the entry of this Stipulated Protective Order, no Party 25 waives any right it otherwise would have to object to disclosing or producing any 26 information or item on any ground not addressed in this Stipulated Protective 27 Order. Similarly, no Party waives any right to object on any ground to use in 28 evidence of any of the material covered by this Stipulated Protective Order. 1 13.3. Filing Protected Material. 2 A Party that seeks to file under seal any Protected Material must comply with 3 Local Rule 79-5. Protected Material may only be filed under seal pursuant to a 4 court order authorizing the sealing of the specific Protected Material at issue. If a 5 Party's request to file Protected Material under seal is denied by the Court, then the 6 Receiving Party may file the information in the public record unless otherwise 7 instructed by the Court. 8 9 14. FINAL DISPOSITION 10 After the final disposition of this Action, within sixty (60) days of a written 11 request by the Designating Party, each Receiving Party must return all Protected 12 Material to the Producing Party or destroy such material. As used in this 13 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 14 summaries, and any other format reproducing or capturing any of the Protected 15 Material. Whether the Protected Material is returned or destroyed, the Receiving 16 Party must submit a written certification to the Producing Party (and, if not the 17 same person or entity, to the Designating Party) by the 60-day deadline that 18 (1) identifies (by category, where appropriate) all the Protected Material that was 19 returned or destroyed and (2) affirms that the Receiving Party has not retained any 20 copies, abstracts, compilations, summaries or any other format reproducing or 21 capturing any of the Protected Material. Notwithstanding this provision, Counsel is 22 entitled to retain an archival copy of all pleadings; motion papers; trial, deposition, 23 and hearing transcripts; legal memoranda; correspondence; deposition and trial 24 exhibits; expert reports; attorney work product; and consultant and expert work 25 product, even if such materials contain Protected Material. Counsel is also 26 permitted to retain archival copies of documents to the extent required by state or 27 federal public records laws. Any such archival copies that contain or constitute 28 Protected Material remain subject to this Stipulated Protective Order as set forth in 1 Section 5. 2 Notwithstanding the above, the Federal Trade Commission shall be permitted 3 to retain, return, or destroy Protected Material in accordance with 16 C.F.R. § 4.12, 4 including retaining such information to assist with ongoing law enforcement or 5 bankruptcy matters, enforcement of any final orders entered in this action, 6 providing redress to consumers (if ordered by the Court), or any policy or research 7 matters consistent with the Federal Trade Commission’s mission, provided that the 8 Federal Trade Commission continues to take all appropriate steps to protect the 9 confidentiality of the materials. Any law enforcement agency other than the 10 Federal Trade Commission that has received copies of any Protected Material may 11 also retain such information to assist with other ongoing law enforcement matters 12 or to provide redress to consumers (if ordered by the Court) provided that the law 13 enforcement agency continues to take all appropriate steps to protect the 14 confidentiality of the materials. Any congressional committee may also maintain 15 copies of Protected Materials obtained from the Federal Trade Commission as 16 required under 15 U.S.C. § 57b-2 and 16 C.F.R. § 4.11(b). 17 18 15. VIOLATION 19 Any violation of this Stipulated Order may be punished by any and all 20 appropriate measures including, without limitation, contempt proceedings and/or 21 monetary sanctions. 22 23 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

24 DATED: October 27, 2021 25 /s/ Barbara Chun /s/ Steven Wang 26 ROBERT J. QUIGLEY HOON CHUN 27 BARBARA CHUN STEVEN WANG

MILES D. FREEMAN

28 1 FWeedsetrearln T Rraedgeio Cn oLmoms Aisnsigoenl es OAfttfoicren eoyf GLoeos rAgen gGealessc óCno unty District 2 10990 Wilshire Blvd., Suite 400 211 West Temple St., Suite 1000 3 Los Angeles, CA 90024 Los Angeles, CA 90012 (310) 824-4300 (phone) (213) 257-2450 (phone) 4 (310) 824-4380 (fax) (213) 633-0996 (fax) 5 Attorneys for the Federal Trade Attorneys for the People of the State of 6 Commission California 7 /s/ Evan H. Goldsmith 8 EVAN H. GOLDSMITH 9 Office of Riverside County District Attorney Michael A. Hestrin 10 3960 Orange St. 11 Riverside, CA 92501 (951) 955-5400 (phone) 12 (951) 955-5682 (fax) 13 Attorneys for the People of the State of 14 California

15

16

DATED: OCTOBER 27, 2021 MAYER BROWN LLP

17 Dale J. Giali 18 Keri E. Borders Kathryn M. Gray 19 Robert S. Harrell 20

21 By: /s/ Dale J. Giali 22 Dale J. Giali

23 Attorneys for Defendants Frontier 24 Communications Corporation, 25 Frontier Communications Parent, Inc., Frontier Communications 26 Intermediate, LLC, and Frontier 27 Communications Holdings, LLC

28 1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 || Dated:10/27/2021 yee 3 Maria udero 4 United States Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [full name], of 4 [address], declare under penalty of perjury that I have read in its 5 entirety and understand the Stipulated Protective Order that was issued by the 6 United States District Court for the Central District of California on 7 [date] in the case of 8 [case name and number]. I agree to comply with and to be bound by all the terms 9 of this Stipulated Protective Order, and I understand and acknowledge that failure 10 to so comply could expose me to sanctions and punishment in the nature of 11 contempt. I solemnly promise that I will not disclose in any manner any 12 information or item that is subject to this Stipulated Protective Order to any person 13 or entity except in strict compliance with the provisions of this Stipulated Protective 14 Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint [full name] 19 of [address and telephone number] 20 as my California agent for service of process in connection with this action or any 21 proceedings related to enforcement of this Stipulated Protective Order. 22 23 Signature: 24 Printed Name: 25 Date: 26 City and State Where Sworn and Signed: 27 28