1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION 11 NIKE, INC., Case No. 2:21-cv-0443 MCS (PVCx) 12 13 Plaintiff,

AMENDED STIPULATED

14 v. PROTECTIVE ORDER 15

LA LA LAND PRODUCTION &

16 DESIGN, INC. 17 and 18

JOHN GEIGER COLLECTION LLC,

19 Defendants. 20

LA LA LAND PRODUCTION &

21 DESIGN, INC., 22 Counterclaimant, 23 v. 24

NIKE, INC.

25 26 Counterclaim- Defendant. 27 1 1. INTRODUCTION 2 1.1 PURPOSES AND LIMITATIONS 3 Discovery in this Lanham Act and unfair competition action is likely to involve 4 production of confidential, proprietary, or private information for which special 5 protection from public disclosure and from use for any purpose other than prosecuting 6 this litigation may be warranted. Accordingly, the parties hereby stipulate to and 7 petition the Court to enter the following Stipulated Protective Order. The parties 8 acknowledge that this Order does not confer blanket protections on all disclosures or 9 responses to discovery and that the protection it affords from public disclosure and 10 use extends only to the limited information or items that are entitled to confidential 11 treatment under the applicable legal principles. The parties further acknowledge, as 12 set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle 13 them to file confidential information under seal; Civil Local Rule 79-5 sets forth the 14 procedures that must be followed and the standards that will be applied when a party 15 seeks permission from the court to file material under seal. 16 1.2 GOOD CAUSE STATEMENT 17 This action involves claims and counterclaims brought under the trademark of 18 the United States, California’s unfair competition law, and the common law on 19 trademark infringement and unfair competition. The issues in this action include 20 whether certain trademarks and trade dress have been infringed or diluted; whether 21 certain trademarks are invalid as a matter of law or barred from enforcement by, 22 among other things, utilitarian functionality, waiver, acquiescence, naked licensing, 23 and ineligibility; and whether and to what extent Plaintiff has suffered harm, including 24 reputational harm, from the alleged infringement. As such, this action may require 25 production of trade secrets, product design documentation, marketing and business 26 plans, and other valuable research, development, commercial, financial, technical 27 and/or proprietary information for which special protection from public disclosure 1 and from use for any purpose other than prosecution of this action is warranted. Such 2 confidential and proprietary materials and information consist of, among other things, 3 confidential business or financial information, including pricing terms, financial 4 performance, and business plans; information regarding confidential research, 5 including market and competitive research; development, or commercial information, 6 including information implicating privacy rights of third parties such as customer 7 information and third-party agreements regarding royalties and intellectual property 8 rights; proprietary information related to the manufacture of products; proprietary 9 information related to customer and supplier relationships; and information otherwise 10 generally unavailable to the public, or which may be privileged or otherwise protected 11 from disclosure under state or federal statutes, court rules, case decisions, or common 12 law. 13 The parties believe good cause exists to limit the disclosure and use of such 14 confidential and proprietary information because disclosure to the public is likely to 15 harm the parties’ businesses and competitive standing. See, e.g., In re Elec. Arts, Inc., 16 298 F. App’x 568, 569 (9th Cir. 2008) (finding compelling reasons to limit disclosure 17 of pricing terms, royalty rates, and guaranteed minimum payment terms because of 18 risk to party’s competitive standing); Rodman v. Safeway, Inc., 2013 WL 12173601, 19 at *2 (N.D. Cal. 2013) (sealing “valuable internal information not otherwise made 20 available to the public regarding Safeway.com’s pricing strategies, pricing 21 methodology, internal business strategy, and financial performance, as well as 22 transaction and customer data”). 23 Further, disclosure of certain confidential and proprietary materials and 24 information, including customer and supplier lists, supplier information, and product 25 design documents, to the other party and its employees therefore creates a tangible 26 risk of competitive harm. Thus, the parties believe certain confidential and 27 proprietary materials and information in this case should be disclosed to outside 1 counsel only and not to the receiving party or its employees. See Intel Corp. v. VIA 2 Technologies, Inc., 198 F.R.D. 525, 531 (rejecting modification to protective order to 3 allow in-house employee to view records because potential injury from disclosure to 4 employees of opposing party “would be great, because the information could be used 5 to duplicate [party’s] products, compete for its customers, or interfere with its 6 business plan”); Nutratech, Inc. v. Syntech (SSPF) Int’l., Inc., 242 F.R.D. 552, 555- 7 56 (C.D. Cal. 2007) (recognizing that in cases involving claims of trademark 8 infringement, production of customer and supplier lists “are customarily produced 9 subject to an ‘attorney’s eyes only’ order”). 10 Accordingly, to expedite the flow of information, to facilitate the prompt 11 resolution of disputes over confidentiality of discovery materials, to adequately 12 protect information the parties are entitled to keep confidential, to ensure that the 13 parties are permitted reasonable necessary uses of such material in preparation for and 14 in the conduct of trial, to address their handling at the end of the litigation, and serve 15 the ends of justice, a protective order for such information is justified in this matter. 16 It is the intent of the parties that information will not be designated as confidential for 17 tactical reasons and that nothing be so designated without a good faith belief that it 18 has been maintained in a confidential, non-public manner, and there is good cause 19 why it should not be part of the public record of this case. 20 2. DEFINITIONS 21 2.1 Action: the above-captioned federal lawsuit. 22 2.2 Challenging Party: a Party or Non-Party that challenges the designation 23 of information or items under this Order. 24 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 25 how it is generated, stored or maintained) or tangible things that qualify for protection 26 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 27 Cause Statement. 1 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 2 support staff). 3 2.5 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 “HIGHLY CONFIDENTIAL.” 6 2.6 Disclosure or Discovery Material: all items or information, regardless 7 of the medium or manner in which it is generated, stored, or maintained (including, 8 among other things, testimony, transcripts, and tangible things), that are produced or 9 generated in disclosures or responses to discovery in this matter. 10 2.7 Expert: a person with specialized knowledge or experience in a matter 11 pertinent to the litigation who has been retained by a Party or its counsel to serve as 12 an expert witness or as a consultant in this Action. 13 2.8 “HIGHLY CONFIDENTIAL” Information or Items: 14 “CONFIDENTIAL” information relating to highly sensitive financial information, 15 including but not limited to, customer identification, sales prices to specific 16 customers, profit margins and prospective marketing strategies, and highly sensitive 17 technical information, including but not limited to, product design and development 18 materials, schematics, drawings, specifications, manufacturing techniques and know- 19 how, proprietary supplier and customer relationships, or other highly sensitive, trade 20 secret technical information not yet publicly disclosed in which the Party or Non- 21 party has an interest that such materials should be protected from disclosure to other 22 parties, and should be strictly viewable only by Outside Counsel of Record or others 23 as described in Section 7.3. 24 2.9: House Counsel: attorneys who are employees of a party to this Action. 25 House Counsel does not include Outside Counsel of Record or any other outside 26 counsel. 27 1 2.10 Non-Party: any natural person, partnership, corporation, association, or 2 other legal entity not named as a Party to this action. 3 2.11 Outside Counsel of Record: attorneys who are not employees of a party 4 to this Action but are retained to represent or advise a party to this Action and have 5 appeared in this Action on behalf of that party or are affiliated with a law firm which 6 has appeared on behalf of that party, and includes support staff. 7 2.12 Party: any party to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staffs). 10 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 11 Discovery Material in this Action. 12 2.14 Professional Vendors: persons or entities that provide litigation support 13 services (e.g., photocopying, videotaping, translating, preparing exhibits or 14 demonstrations, and organizing, storing, or retrieving data in any form or medium) 15 and their employees and subcontractors. 16 2.15 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 18 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 19 from a Producing Party. 20 3. SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or extracted 23 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 24 Protected Material; and (3) any testimony, conversations, or presentations by Parties 25 or their Counsel that might reveal Protected Material. 26 Any use of Protected Material at trial will be governed by the orders of the trial 27 judge. This Order does not govern the use of Protected Material at trial. 1 4. DURATION 2 Even after final disposition of this litigation, the confidentiality obligations 3 imposed by this Order will remain in effect until a Designating Party agrees otherwise 4 in writing or a court order otherwise directs. Final disposition will be deemed to be 5 the later of (1) dismissal of all claims and defenses in this Action, with or without 6 prejudice; and (2) final judgment herein after the completion and exhaustion of all 7 appeals, rehearings, remands, trials, or reviews of this Action, including the time 8 limits for filing any motions or applications for extension of time pursuant to 9 applicable law. 10 5. DESIGNATING PROTECTED MATERIAL 11 5.1 Exercise of Restraint and Care in Designating Material for Protection. 12 Each Party or Non-Party that designates information or items for protection under this 13 Order must take care to limit any such designation to specific material that qualifies 14 under the appropriate standards. The Designating Party must designate for protection 15 only those parts of material, documents, items, or oral or written communications that 16 qualify so that other portions of the material, documents, items, or communications 17 for which protection is not warranted are not swept unjustifiably within the ambit of 18 this Order. 19 Mass, indiscriminate, or routinized designations are prohibited. Designations 20 that are shown to be clearly unjustified or that have been made for an improper 21 purpose (e.g., to unnecessarily encumber the case development process or to impose 22 unnecessary expenses and burdens on other parties) may expose the Designating Party 23 to sanctions. 24 If it comes to a Designating Party’s attention that information or items that it 25 designated for protection do not qualify for protection, that Designating Party must 26 promptly notify all other Parties that it is withdrawing the inapplicable designation. 27 1 5.2 Manner and Timing of Designations. Except as otherwise provided in 2 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 4 under this Order must be clearly so designated before the material is disclosed or 5 produced. 6 Designation in conformity with this Order requires: 7 (a) for information in documentary form (e.g., paper or electronic documents, 8 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 9 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY 10 CONFIDENTIAL” (hereinafter “Confidentiality Legend”), to each page that contains 11 protected material. If only a portion or portions of the material on a page qualifies for 12 protection, the Producing Party also must clearly identify the protected portion(s) 13 (e.g., by making appropriate markings in the margins). 14 A Party or Non-Party that makes original documents available for inspection 15 need not designate them for protection until after the inspecting Party has indicated 16 which documents it would like copied and produced. During the inspection and before 17 the designation, all of the material made available for inspection will be deemed 18 “HIGHLY CONFIDENTIAL.” After the inspecting Party has identified the 19 documents it wants copied and produced, the Producing Party must determine which 20 documents, or portions thereof, qualify for protection under this Order. Then, before 21 producing the specified documents, the Producing Party must affix the appropriate 22 Confidentiality Legend to each page that contains Protected Material. If only a 23 portion or portions of the material on a page qualifies for protection, the Producing 24 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 25 markings in the margins). 26 (b) for testimony given in depositions, a Party or Non-party may, if appropriate 27 designate specific portions of the transcript “CONFIDENTIAL” or “HIGHLY 1 CONFIDENTIAL” at the deposition or within thirty (30) days of completion of the 2 final transcript, and any portions so designated shall thereafter be treated in 3 accordance with the terms of this Order. Any portions not designated within the thirty 4 (30) day timeframe shall thereafter be treated as non-Protected Material. Until the 5 expiration of the thirty (30) day timeframe, deposition transcripts shall be treated as 6 HIGHLY CONFIDENTIAL. 7 (c) for information produced in some form other than documentary and for any 8 other tangible items, that the Producing Party affix in a prominent place on the exterior 9 of the container or containers in which the information is stored the legend 10 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” If only a portion or portions 11 of the information warrants protection, the Producing Party, to the extent practicable, 12 will identify the protected portion(s). 13 (d) for information produced in non-tangible form, that the Producing Party 14 apply the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” in the 15 filename, subject line, or in some other manner reasonably calculated to apprise a 16 person of the designation. 17 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 18 failure to designate qualified information or items does not, standing alone, waive the 19 Designating Party’s right to secure protection under this Order for such material. 20 Upon timely correction of a designation, the Receiving Party must make reasonable 21 efforts to assure that the material is treated in accordance with the provisions of this 22 Order. 23 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 24 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 25 designation of confidentiality at any time that is consistent with the Court’s 26 Scheduling Order. 27 1 6.2 Meet and Confer. The Challenging Party will initiate the dispute 2 resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1 3 et seq. 4 6.3 The burden of persuasion in any such challenge proceeding will be on 5 the Designating Party. Frivolous challenges, and those made for an improper purpose 6 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 7 expose the Challenging Party to sanctions. Unless the Designating Party has waived 8 or withdrawn the confidentiality designation, all parties will continue to afford the 9 material in question the level of protection to which it is entitled under the Producing 10 Party’s designation until the Court rules on the challenge. 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 12 7.1 Basic Principles. A Receiving Party may use Protected Material that is 13 disclosed or produced by another Party or by a Non-Party in connection with this 14 Action only for prosecuting, defending, or attempting to settle this Action. Such 15 Protected Material may be disclosed only to the categories of persons and under the 16 conditions described in this Order. When the Action has been terminated, a Receiving 17 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 18 Protected Material must be stored and maintained by a Receiving Party at a 19 location and in a secure manner that ensures that access is limited to the persons 20 authorized under this Order. 21 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 22 otherwise ordered by the court or permitted in writing by the Designating Party, a 23 Receiving Party may disclose any information or item designated 24 “CONFIDENTIAL” only to: 25 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 26 as employees of said Outside Counsel of Record to whom it is reasonably necessary 27 to disclose the information for this Action; 1 (b) the officers, directors, employees (including House Counsel), and 2 insurers (including said insurers’ coverage counsel) of the Receiving Party to whom 3 disclosure is reasonably necessary for this Action, provided, however, that the 4 insurers’ representatives and/or said insurers’ coverage counsel have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A), and that the signed 6 Acknowledgement and Agreement to Be Bound is: 7 (1) delivered to counsel for all other Parties within two business 8 days of execution; or, 9 (2) delivered to counsel for all other Parties prior to the 10 disclosure of Protected Material to the insurer’s representatives and/or the insurers’ 11 coverage counsel; 12 (c) Experts (as defined in this Order) of the Receiving Party to whom 13 disclosure is reasonably necessary for this Action and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A), provided, however, that 15 if the Expert is a current or former employee or consultant of the Receiving Party, 16 other than a consultant retained by the Receiving Party solely for the purposes of 17 litigation, the signed Acknowledgement and Agreement to Be Bound is: 18 (1) delivered to counsel for all other Parties within two business 19 days of execution; or, 20 (2) delivered to counsel for all other Parties prior to the 21 disclosure of Protected Material to the Expert; 22 (d) the Court and its personnel; 23 (e) court reporters and their staff; 24 (f) professional jury or trial consultants, mock jurors, and Professional 25 Vendors to whom disclosure is reasonably necessary for this Action and who have 26 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 1 (g) the author or recipient of a document containing the information or a 2 custodian or other person who otherwise possessed or knew the information; 3 (h) during their depositions, witnesses, and attorneys for witnesses, in the 4 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 5 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 6 not be permitted to keep any confidential information unless they sign the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 8 agreed by the Designating Party or ordered by the court. Pages of transcribed 9 deposition testimony or exhibits to depositions that reveal Protected Material may be 10 separately bound by the court reporter and may not be disclosed to anyone except as 11 permitted under this Stipulated Protective Order; and 12 (i) any mediator or settlement officer, and their supporting personnel, 13 mutually agreed upon by any of the parties engaged in settlement discussions. 14 7.3. Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. 15 Unless otherwise ordered by the court or permitted in writing by the Designating 16 Party, a Receiving Party may disclose any information or item designated 17 “HIGHLY CONFIDENTIAL” only to those persons listed in Sections 7.2 (a), (c), 18 (d), (e), (f), (g), and (i). 19 7.4 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items to 20 Nike In-House Counsel or Legal Staff. 21 (a) Notwithstanding Section 7.3 above, Plaintiff and Counterclaim- 22 Defendant Nike, Inc. (“Nike”) may disclose information or items designated 23 “HIGHLY CONFIDENTIAL” to Nike in-house litigation counsel or litigation legal 24 staff who do not participate in shoe design or other aspects of Nike’s business that are 25 likely to render disclosure of technical information a business risk to the Designating 26 Party, provided that: (1) Nike has received prior approval from the Designating Party 27 by disclosing the name of the Nike in-house litigation counsel or litigation legal staff 1 to whom the “HIGHLY CONFIDENTIAL” documents will be disclosed; (2)the Nike 2 in-house litigation counsel or litigation legal staff has signed the “Acknowledgment 3 and Agreement to Be Bound” (Exhibit A); and (3) Nike has provided the signed 4 “Acknowledgment and Agreement to Be Bound” (Exhibit A) to the Designating Party 5 in advance of the disclosure. 6 (b) Notwithstanding Section 7.3 above, Defendant and Counterclaimant 7 and La La Land Production & Design Inc. (“LLL”) may disclose information or items 8 designated “HIGHLY CONFIDENTIAL” to its insurers and its insurers’ coverage 9 counsel, provided that: (1) LLL has received prior approval from the Designating 10 Party by disclosing the name of the insurers’ representatives and/or coverage counsel 11 to whom the “HIGHLY CONFIDENTIAL” documents will be disclosed; (2) LLL’s 12 insurers and/or LLL’s insurers’ coverage counsel has signed the “Acknowledgment 13 and Agreement to Be Bound” (Exhibit A); and (3) LLL has provided the signed 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A) to the Designating Party 15 in advance of the disclosure. 16 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 17 PRODUCED IN OTHER LITIGATION 18 If a Party is served with a subpoena or a court order issued in other litigation 19 that compels disclosure of any information or items designated in this Action as 20 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” that Party must: 21 (a) promptly notify in writing the Designating Party. Such notification will 22 include a copy of the subpoena or court order; 23 (b) promptly notify in writing the party who caused the subpoena or order 24 to issue in the other litigation that some or all of the material covered by the subpoena 25 or order is subject to this Protective Order. Such notification will include a copy of 26 this Stipulated Protective Order; and 27 1 (c) cooperate with respect to all reasonable procedures sought to be pursued 2 by the Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served with 4 the subpoena or court order will not produce any information designated in this action 5 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” before a determination by 6 the court from which the subpoena or order issued, unless the Party has obtained the 7 Designating Party’s permission. The Designating Party will bear the burden and 8 expense of seeking protection in that court of its confidential material and nothing in 9 these provisions should be construed as authorizing or encouraging a Receiving Party 10 in this Action to disobey a lawful directive from another court. 11 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 12 PRODUCED IN THIS LITIGATION 13 (a) The terms of this Order are applicable to information produced by a 14 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 15 CONFIDENTIAL.” Such information produced by Non-Parties in connection with 16 this litigation is protected by the remedies and relief provided by this Order. Nothing 17 in these provisions should be construed as prohibiting a Non-Party from seeking 18 additional protections. 19 (b) In the event that a Party is required, by a valid discovery request, to 20 produce a Non-Party’s confidential information in its possession, and the Party is 21 subject to an agreement with the Non-Party not to produce the Non-Party’s 22 confidential information, then the Party will: 23 (1) promptly notify in writing the Requesting Party and the Non-Party 24 that some or all of the information requested is subject to a confidentiality agreement 25 with a Non-Party; 26 27 1 (2) promptly provide the Non-Party with a copy of the Stipulated 2 Protective Order in this Action, the relevant discovery request(s), and a reasonably 3 specific description of the information requested; and 4 (3) make the information requested available for inspection by the Non- 5 Party, if requested. 6 (c) If the Non-Party fails to seek a protective order from this court within 7 14 days of receiving the notice and accompanying information, the Receiving Party 8 may produce the Non-Party’s confidential information responsive to the discovery 9 request. If the Non-Party timely seeks a protective order, the Receiving Party will not 10 produce any information in its possession or control that is subject to the 11 confidentiality agreement with the Non-Party before a determination by the court. 12 Absent a court order to the contrary, the Non-Party will bear the burden and expense 13 of seeking protection in this court of its Protected Material. 14 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 16 Protected Material to any person or in any circumstance not authorized under this 17 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 18 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 19 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 20 persons to whom unauthorized disclosures were made of all the terms of this Order, 21 and (d) request such person or persons to execute the “Acknowledgment and 22 Agreement to Be Bound” that is attached hereto as Exhibit A. 23 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 24 PROTECTED MATERIAL 25 11.1. No Waiver. Pursuant to Federal Rule of Evidence 502, the Court orders 26 that an inadvertent disclosure of privileged or protected material does not waive 27 privilege or protection in any other federal or state proceeding. 1 11.2. Procedure for Return. If information subject to a claim of privilege or 2 work product protection is inadvertently produced, such production shall in no way 3 prejudice or otherwise constitute a waiver of, or estoppel as to, any claim of privilege 4 or work-product protection for such information. If a Producing Party has 5 inadvertently produced information subject to a claim of privilege or protection, upon 6 written request made by the Producing Party of such inadvertent production, the 7 information for which a claim of inadvertent production is made, including all copies, 8 shall be returned or confirmed in writing to be permanently destroyed (i.e., 9 permanently deleted, shredded, etc.) within two (2) court days of such request unless 10 the receiving party intends to challenge the producing party’s assertion of privilege or 11 protection. All copies of inadvertently produced documents shall be destroyed, and 12 any document or material information reflecting the contents of the inadvertently 13 produced information shall be expunged. If a Receiving Party objects to the return of 14 such information within the two (2) court day period described above, the Receiving 15 Party may move the Court for an order determining the status of the information 16 following the procedures of Local Rule 37.1. Pending the ruling, a Receiving Party 17 may retain the inadvertently produced documents in a sealed envelope and shall not 18 make any use of such information. 19 12. MISCELLANEOUS 20 12.1 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 12.2 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 1 12.3 Filing Protected Material. A Party that seeks to file under seal any 2 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 3 only be filed under seal pursuant to a court order authorizing the sealing of the specific 4 Protected Material at issue. If a Party's request to file Protected Material under seal 5 is denied by the court, then the Receiving Party may file the information in the public 6 record unless otherwise instructed by the court. 7 13. FINAL DISPOSITION 8 After the final disposition of this Action, as defined in paragraph 4, within 60 9 days of a written request by the Designating Party, each Receiving Party must return 10 all Protected Material to the Producing Party or destroy such material. As used in this 11 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 12 summaries, and any other format reproducing or capturing any of the Protected 13 Material. Whether the Protected Material is returned or destroyed, the Receiving 14 Party must submit a written certification to the Producing Party (and, if not the same 15 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 16 (by category, where appropriate) all the Protected Material that was returned or 17 destroyed and (2) affirms that the Receiving Party has not retained any copies, 18 abstracts, compilations, summaries or any other format reproducing or capturing any 19 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 20 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 21 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 22 reports, attorney work product, and consultant and expert work product, even if such 23 materials contain Protected Material. Any such archival copies that contain or 24 constitute Protected Material remain subject to this Protective Order as set forth in 25 Section 4 (DURATION). 26 27 1 || 14.) Any willful violation of this Order may be punished by civil or criminal 2 || contempt proceedings, financial or evidentiary sanctions, reference to disciplinary 3 || authorities, or other appropriate action at the discretion of the Court. 4 5 || GOOD CAUSE HAVING BEEN SHOWN BY THE PARTIES’ STIPULATION, IT 6 || IS SO ORDERED. Lyk fo 8 || DATED: December 9, 2021 fi United States Magistrate hudse 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 °8 18

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [full name], of _________________ 5 [full address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States 7 District Court for the Central District of California on [date] in the case of 8 ___________ [insert case name and number]. 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 the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint __________________________ [full 18 name] of _______________________________________ [full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective 21 Order. 22 Date: ______________________________________ 23 City and State where signed: _________________________________ 24 25 Printed name: _______________________________ 26 27 Signature: __________________________________