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

POCKETBOOK INT’L SA;

11 Case No. 2:20-cv-8708 DMG (PDx) Plaintiff, 12 v. STIPULATED PROTECTIVE 13 ORDER1

DOMAIN ADMIN/SITETOOLS,

14 INC.; and PHILIP ANCEVSKI aka

FILIP ANCEVSKI;

15 Defendants. 16

17 18 1. A. PURPOSES AND LIMITATIONS 19 Discovery in this action is likely to involve production of confidential, 20 proprietary, or private information for which special protection from public disclosure 21 and from use for any purpose other than prosecuting this litigation may be warranted. 22 Accordingly, the parties hereby stipulate to and petition the Court to enter the 23 following Stipulated Protective Order. The parties acknowledge that this Order does 24 not confer blanket protections on all disclosures or responses to discovery and that 25 the protection it affords from public disclosure and use extends only to the limited 26 27 1 This Stipulated Protective Order is substantially based on the model protective 1 information or items that are entitled to confidential treatment under the applicable 2 legal principles. 3 B. GOOD CAUSE STATEMENT 4 This action is likely to involve trade secrets, customer and pricing lists and 5 other valuable research, development, commercial, financial, technical and/or 6 proprietary information for which special protection from public disclosure and from 7 use for any purpose other than prosecution of this action is warranted. Such 8 confidential and proprietary materials and information consist of, among other things, 9 confidential business or financial information, information regarding confidential 10 business practices, or other confidential research, development, or commercial 11 information (including information implicating privacy rights of third parties), 12 information otherwise generally unavailable to the public, or which may be privileged 13 or otherwise protected from disclosure under state or federal statutes, court rules, case 14 decisions, or common law. Accordingly, to expedite the flow of information, to 15 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 16 to adequately protect information the parties are entitled to keep confidential, to 17 ensure that the parties are permitted reasonable necessary uses of such material in 18 preparation for and in the conduct of trial, to address their handling at the end of the 19 litigation, and serve the ends of justice, a protective order for such information is 20 justified in this matter. It is the intent of the parties that information will not be 21 designated as confidential or attorneys eyes’ only for tactical reasons and that 22 nothing be so designated without a good faith belief that it has been maintained in a 23 confidential, non-public manner, and there is good cause why it should not be part of 24 the public record of this case, or in the case of the most competitively sensitive 25 material, why it should be produced solely on an attorneys’ eyes only basis. 26 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 27 The parties further acknowledge, as set forth in Section 12.3, below, that this 1 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 2 the standards that will be applied when a party seeks permission from the court to file 3 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, Inc., 9 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 10 cause showing), and a specific showing of good cause or compelling reasons with 11 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” or “HIGHLY 14 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” does not—without the 15 submission of competent evidence by declaration, establishing that the material 16 sought to be filed under seal qualifies as confidential, privileged, or otherwise 17 protectable—constitute good cause. 18 Further, if a party requests sealing related to a dispositive motion or trial, then 19 compelling reasons, not only good cause, for the sealing must be shown, and the relief 20 sought shall be narrowly tailored to serve the specific interest to be protected. See 21 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 22 or type of information, document, or thing sought to be filed or introduced under seal 23 in connection with a dispositive motion or trial, the party seeking protection must 24 articulate compelling reasons, supported by specific facts and legal justification, for 25 the requested sealing order. Again, competent evidence supporting the application to 26 file documents under seal must be provided by declaration. 27 Any document that is not confidential, privileged, or otherwise protectable in 1 documents can be redacted, then a redacted version for public viewing, omitting only 2 the confidential, privileged, or otherwise protectable portions of the document, shall 3 be filed. Any application that seeks to file documents under seal in their entirety 4 should include an explanation of why redaction is not feasible. 5 6 2. DEFINITIONS 7 2.1 Action: This pending federal lawsuit, POCKETBOOK INT’L SA v. 8 DOMAIN ADMIN/SITETOOLS, INC., et al., No. 2:20-cv-8708 DMG (PDx). 9 2.2 Challenging Party: A Party or Non-Party that challenges the 10 designation of information or items under this Order. 11 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of 12 how it is generated, stored or maintained) or tangible things that qualify for protection 13 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 14 Cause Statement. 15 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 16 Information or Items: Extremely sensitive “Confidential Information or Items,” 17 disclosure of which to another Party or Non-Party would create a substantial risk of 18 serious harm that could not be avoided by less restrictive means. 19 2.5 Support Staff: any contractor or employee of Counsel’s firm. 20 2.6 Counsel: Outside Counsel of Record (as well as their Support Staff). 21 2.7 Designating Party: A Party or Non-Party that designates information or 22 items that it produces in disclosures or in responses to discovery as 23 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 24 ONLY.” 25 2.8 Disclosure or Discovery Material: All items or information, regardless 26 of the medium or manner in which it is generated, stored, or maintained (including, 27 among other things, testimony, transcripts, and tangible things), that are produced or 1 2.9 Expert: A person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 2.10 Non-Party: any natural person, partnership, corporation, association, or 5 other legal entity not named as a Party to this action. 6 2.11 Outside Counsel of Record: Attorneys who are not employees of a party 7 to this Action but are retained to represent or advise a party to this Action and have 8 appeared in this Action on behalf of that party or are affiliated with a law firm which 9 has appeared on behalf of that party, and includes Support Staff. 10 2.12 Party: Any party to this Action, including all of its officers, directors, 11 employees, consultants, retained experts, and Outside Counsel of Record (and their 12 Support Staff). 13 2.13 Producing Party: A Party or Non-Party that produces Disclosure or 14 Discovery Material in this Action. 15 2.14 Professional Vendors: Persons or entities that provide litigation support 16 services (e.g., photocopying, videotaping, translating, preparing exhibits or 17 demonstrations, and organizing, storing, or retrieving data in any form or medium) 18 and their employees and subcontractors. 19 2.15 Protected Material: Any Disclosure or Discovery Material that is 20 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 21 EYES ONLY.” 22 2.16 Receiving Party: A Party that receives Disclosure or Discovery Material 23 from a Producing Party. 24 25 3. SCOPE 26 The protections conferred by this Stipulation and Order cover not only 27 Protected Material (as defined above), but also (1) any information copied or extracted 1 Protected Material; and (3) any testimony, conversations, or presentations by Parties, 2 Non-Parties, or their Counsel that might reveal Protected Material. 3 Any use of Protected Material at trial shall be governed by the orders of the 4 trial judge. This Order does not govern the use of Protected Material at trial. 5 6 4. DURATION 7 FINAL DISPOSITION of the action is defined as the conclusion of any 8 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 9 has run. Except as set forth below, the terms of this protective order apply through 10 FINAL DISPOSITION of the action. The parties may stipulate that they will be 11 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 12 but will have to file a separate action for enforcement of the agreement once all 13 proceedings in this case are complete. 14 Once a case proceeds to trial, information that was designated as 15 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 16 ONLY,” or maintained pursuant to this protective order used or introduced as an 17 exhibit at trial becomes public and will be presumptively available to all members of 18 the public, including the press, unless compelling reasons supported by specific 19 factual findings to proceed otherwise are made to the trial judge in advance of the 20 trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for 21 sealing documents produced in discovery from “compelling reasons” standard when 22 merits-related documents are part of court record). Accordingly, for such materials, 23 the terms of this protective order do not extend beyond the commencement of the 24 trial. 25 26 5. DESIGNATING PROTECTED MATERIAL 27 5.1 Exercise of Restraint and Care in Designating Material for Protection. 1 Order must take care to limit any such designation to specific material that qualifies 2 under the appropriate standards. The Designating Party must designate for protection 3 only those parts of material, documents, items, or oral or written communications that 4 qualify so that other portions of the material, documents, items, or communications 5 for which protection is not warranted are not swept unjustifiably within the ambit of 6 this Order. 7 Mass, indiscriminate, or routinized designations are prohibited. Designations 8 that are shown to be clearly unjustified or that have been made for an improper 9 purpose (e.g., to unnecessarily encumber the case development process or to impose 10 unnecessary expenses and burdens on other parties) may expose the Designating Party 11 to sanctions. 12 If it comes to a Designating Party’s attention that information or items that it 13 designated for protection do not qualify for protection, that Designating Party must 14 promptly notify all other Parties that it is withdrawing the inapplicable designation. 15 5.2 Manner and Timing of Designations. Except as otherwise provided in 16 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 17 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 18 under this Order must be clearly so designated before the material is disclosed or 19 produced. 20 Designation in conformity with this Order requires: 21 (a) for information in documentary form (e.g., paper or electronic 22 documents, but excluding transcripts of depositions or other pretrial or trial 23 proceedings), that the Producing Party affix at a minimum, the legend 24 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), or “HIGHLY 25 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (“HIGHLY CONFIDENTIAL – 26 ATTORNEYS’ EYES ONLY legend”) to each page that contains protected material. 27 If only a portion or portions of the material on a page qualifies for protection, the 1 appropriate markings in the margins). 2 (b) for testimony given in depositions that the Designating Party identify the 3 Disclosure or Discovery Material on the record, before the close of the deposition all 4 protected testimony. When it is impractical to identify separately each portion of 5 testimony that is entitled to protection, and when it appears that substantial portions 6 of the testimony may qualify for protection, the Party or nonparty that sponsors, 7 offers, or gives the testimony or that claims confidentiality may invoke, on the record 8 before the deposition is concluded or by written communication within 48 hours after 9 the deposition’s conclusion, a right to have up to two days to identify the specific 10 portions of the testimony as to which protection is sought and to specify the level of 11 protection being asserted (“CONFIDENTIAL” or HIGHLY CONFIDENTIAL – 12 ATTORNEYS’ EYES ONLY”), during which two-day designation period the 13 entirety of the transcript shall be treated as HIGHLY CONFIDENTIAL – 14 ATTORNEYS’ EYES ONLY. Only those portions that are appropriately designated 15 for protection within the two days shall be covered by the provisions of this Stipulated 16 Protective Order after the two-day designation period. 17 (c) for information produced in some form other than documentary and for 18 any other tangible items, that the Producing Party affix in a prominent place on the 19 exterior of the container or containers in which the information is stored, or for 20 electronic files in the file name or accompanying correspondence, the legend 21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONL.” 22 If only a portion or portions of the information warrants protection, the Producing 23 Party, to the extent practicable, shall identify the protected portion(s). 24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 25 failure to designate qualified information or items does not, standing alone, waive the 26 Designating Party’s right to secure protection under this Order for such material. 27 Upon timely correction of a designation, the Receiving Party must make reasonable 1 Order. 2 3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 5 designation of confidentiality at any time that is consistent with the Court’s 6 Scheduling Order. 7 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 8 resolution process under Local Rule 37.1 et seq. 9 6.3 The burden of persuasion in any such challenge proceeding shall be on 10 the Designating Party. Frivolous challenges, and those made for an improper purpose 11 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 12 expose the Challenging Party to sanctions. Unless the Designating Party has waived 13 or withdrawn the confidentiality designation, all parties shall continue to afford the 14 material in question the level of protection to which it is entitled under the Producing 15 Party’s designation until the Court rules on the challenge. 16 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 Receiving 23 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 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 authorized under this Order. 27 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 1 Receiving Party may disclose any information or item designated 2 “CONFIDENTIAL” only to: 3 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 4 as employees of said Outside Counsel of Record to whom it is reasonably necessary 5 to disclose the information for this Action; 6 (b) the officers, directors, and employees of the Receiving Party to whom 7 disclosure is reasonably necessary for this Action; 8 (c) experts (as defined in this Order) of the Receiving Party to whom 9 disclosure is reasonably necessary for this Action and who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (d) the court and its personnel; 12 (e) court reporters and their staff; 13 (f) professional jury or trial consultants, mock jurors, and Professional 14 Vendors to whom disclosure is reasonably necessary for this Action and who have 15 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (g) the author or recipient of a document containing the information or a 17 custodian or other person who is shown, in written or oral evidence, or foundation 18 laid in deposition testimony, otherwise possesses or knows information; 19 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 20 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 21 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 22 not be permitted to keep any confidential information unless they sign the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 24 agreed by the Designating Party or ordered by the court. Pages of transcribed 25 deposition testimony or exhibits to depositions that reveal Protected Material may be 26 separately bound by the court reporter and may not be disclosed to anyone except as 27 permitted under this Stipulated Protective Order; and 1 mutually agreed upon by any of the parties engaged in settlement discussions. 2 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 3 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 4 writing by the Designating Party, a Receiving Party may disclose any information or 5 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only 6 to: 7 (a) the Receiving Party’s Outside Counsel of Record, and employees of 8 the Outside Counsel of Record to whom it is reasonably necessary to disclose the 9 information for this Action; 10 (b) 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) prior to receiving 13 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY materials; provided, 14 however, that before a Receiving Party may disclose, directly or indirectly, any 15 information designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 16 ONLY,” the Receiving Party must email written notice to the Designating Party’s 17 outside counsel of record the following information regarding such expert or 18 consultant: (i) an Executed Exhibit A; (ii) confirmation that the expert or consultant 19 has been advised in writing that his or her disclosure of information designated 20 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to the Receiving 21 Party is prohibited; and (iii) the outside consultant’s current curriculum vitae or 22 other description setting forth the person’s name and office address, his or her 23 present employer with job title and job description, any business or personal 24 relationship to any of the Parties (aside from being retained to consult and/or 25 provide testimony in the Action), and a brief job history for the past five years; 26 (c) court and its personnel; 27 (d) 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 (f) the author or recipient of a document containing the information or a 4 custodian or other person who is shown, in written or oral evidence, or foundation 5 laid in deposition testimony, otherwise possesses or knows the information; 6 (g) the Designating party’s own employees, officers and directors, solely 7 as to the Designating party’s own “HIGHLY CONFIDENTIAL-ATTORNEYS’ 8 EYES ONLY” material; 9 (h) during their depositions, third-party witnesses and attorneys for third- 10 party witnesses, in the Action to whom disclosure is reasonably necessary, provided: 11 (1) no party or nonparty objects to the proposed disclosure to the third-party witness 12 or attorney for the third-party witness; (2) the deposing party requests that the third- 13 party witness sign the form attached as Exhibit 1; (3) prior to any disclosure, the 14 deposing party consults with the Designating Party and counsel participating in the 15 deposition in order to determine whether a party or nonparty objects to the 16 disclosure; and (4) the third-party witness and his or her attorney may not keep any 17 confidential information unless they sign the “Acknowledgment and Agreement to 18 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered 19 by the court. Pages of transcribed deposition testimony or exhibits to depositions 20 that reveal Protected Material may be separately bound by the court reporter and 21 may not be disclosed to anyone except as permitted under this Stipulated Protective 22 Order; and 23 (i) any mediator or settlement officer, and their supporting personnel, 24 mutually agreed upon by the parties engaged in settlement discussions. 25 26 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 27 OTHER LITIGATION 1 that compels disclosure of any information or items designated in this Action as 2 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 3 ONLY,” that Party must: 4 (a) promptly notify in writing the Designating Party. Such notification shall 5 include a copy of the subpoena or court order; 6 (b) promptly notify in writing the party who caused the subpoena or order to 7 issue in the other litigation that some or all of the material covered by the subpoena 8 or order is subject to this Protective Order. Such notification shall include a copy of 9 this Stipulated Protective Order; and 10 (c) cooperate with respect to all reasonable procedures sought to be pursued 11 by the Designating Party whose Protected Material may be affected. 12 If the Designating Party timely seeks a protective order, the Party served 13 with the subpoena or court order shall not produce any information designated in this 14 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 15 EYES ONLY” before a determination by the court from which the subpoena or order 16 issued, unless the Party has obtained the Designating Party’s permission. The 17 Designating Party shall bear the burden and expense of seeking protection in that court 18 of its confidential material and nothing in these provisions should be construed as 19 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 20 directive from another court. 21 22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 23 PRODUCED IN THIS LITIGATION 24 (a) The terms of this Order are applicable to information produced by a Non- 25 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 26 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by 27 Non-Parties in connection with this litigation is protected by the remedies and relief 1 a Non-Party from seeking additional protections. 2 (b) In the event that a Party is required, by a valid discovery request, to 3 produce a Non-Party’s confidential information in its possession, and the Party is 4 subject to an agreement with the Non-Party not to produce the Non-Party’s 5 confidential information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non-Party 7 that some or all of the information requested is subject to a confidentiality agreement 8 with a Non-Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated 10 Protective Order in this Action, the relevant discovery request(s), and a reasonably 11 specific description of the information requested; and 12 (3) make the information requested available for inspection by the Non- 13 Party, if requested. 14 (c) If the Non-Party fails to seek a protective order from this court within 14 15 days of receiving the notice and accompanying information, the Receiving Party may 16 produce the Non-Party’s confidential information responsive to the discovery request. 17 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 18 any information in its possession or control that is subject to the confidentiality 19 agreement with the Non-Party before a determination by the court. Absent a court 20 order to the contrary, the Non-Party shall bear the burden and expense of seeking 21 protection in this court of its Protected Material. 22 23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 25 Protected Material to any person or in any circumstance not authorized under this 26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 27 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 1 persons to whom unauthorized disclosures were made of all the terms of this Order, 2 and (d) request such person or persons to execute the “Acknowledgment and 3 Agreement to Be Bound” that is attached hereto as Exhibit A. 4 5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 6 PROTECTED MATERIAL 7 When a Producing Party gives notice to Receiving Parties that certain 8 inadvertently produced material is subject to a claim of privilege or other protection, 9 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 10 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 11 may be established in an e-discovery order that provides for production without prior 12 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 13 parties reach an agreement on the effect of disclosure of a communication or 14 information covered by the attorney-client privilege or work product protection, the 15 parties may incorporate their agreement in the stipulated protective order submitted 16 to the court. 17 18 12. MISCELLANEOUS 19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 20 person to seek its modification by the Court in the future. 21 12.2 Right to Assert Other Objections. By stipulating to the entry of this 22 Protective Order no Party waives any right it otherwise would have to object to 23 disclosing or producing any information or item on any ground not addressed in this 24 Stipulated Protective Order. Similarly, no Party waives any right to object on any 25 ground to use in evidence of any of the material covered by this Protective Order. 26 12.3 Filing Protected Material. A Party that seeks to file under seal any 27 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 1 Protected Material at issue. If a Party's request to file Protected Material under seal is 2 denied by the court, then the Receiving Party may file the information in the public 3 record unless otherwise instructed by the court. 4 5 13. 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 this 9 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 Party 12 must submit a written certification to the Producing Party (and, if not the same person 13 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 14 category, where appropriate) all the Protected Material that was returned or destroyed 15 and (2)affirms that the Receiving Party has not retained any copies, abstracts, 16 compilations, summaries or any other format reproducing or capturing any of the 17 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 18 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 such 21 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 4 (DURATION). 24 25 26 27 1 || 14. Any violation of this Order may be punished by any and all appropriate 2 |} measures including, without limitation, contempt proceedings and/or monetary 3 || sanctions. 4 5 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 6 7 || DATED: November 16, 2021 8 5 Palaces Lrna hoe 10 HON. PATRICIA DONAHUE United States Magistrate Judge 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 4 I, _____________________________ [print or type full name], of 5 ____________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that was 7 issued by the United States District Court for the Central District of California on 8 ________________, 202_, in the case of POCKETBOOK INT’L SA v. DOMAIN 9 ADMIN/SITETOOLS, INC., et al., No. 2:20-cv-8708 DMG (PDx). I agree to comply 10 with and to be bound by all the terms of this Stipulated Protective Order and I 11 understand and acknowledge that failure to so comply could expose me to sanctions 12 and punishment in the nature of contempt. I solemnly promise that I will not disclose 13 in any manner any information or item that is subject to this Stipulated Protective 14 Order to any person or entity except in strict compliance with the provisions of this 15 Order. 16 I further agree to submit to the jurisdiction of the United States District Court 17 for the Central District of California for the purpose of enforcing the terms of this 18 Stipulated Protective Order, even if such enforcement proceedings occur after 19 termination of this action. 20 I hereby appoint ________________________ [print or type full name] of 21 __________________________________ [print or type full address and telephone 22 number] as my California agent for service of process in connection with this action or 23 any proceedings related to enforcement of this Stipulated Protective Order. 24 25 Date: __________________________ 26 City and State where sworn and signed: _____________________________ 27 Printed name: ____________________________________