American Federation of Musicians of the United States and Canada

1 RUSSELL NAYMARK (SBN 196956)

American Federation of Musicians

2

of the United States and Canada

3 3220 Winona Avenue

Burbank, CA 91504

4 Telephone: 818-565-3400

Facsimile: 212-764-6134

5 Email: rnaymark@afm.org

6

JENNIFER P. GARNER (pro hac vice)

7 American Federation of Musicians

of the United States and Canada

8 1501 Broadway, 9th Floor

New York, New York 10036

9

Telephone: 917-229-0290

10 Facsimile: 212-768-7452

Email: jgarner@afm.org

11

Attorneys for Plaintiff

12

ADAM LEVIN (SBN 156773)

13 axl@msk.com

STEPHEN A. ROSSI (SBN 282205),

14 sar@msk.com

MITCHELL SILBERBERG & KNUPP LLP

15 2049 Century Park East, 18th Floor

Los Angeles, CA 90067-3120

16 Telephone: (310) 312-2000

Facsimile: (310) 312-3100

17

Attorneys for Defendant

18 212 PRODUCTIONS, LLC

19

UNITED STATES DISTRICT COURT

20

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

21

AMERICAN FEDERATION OF CASE NO. 2:20-cv-07255 JAK (KSx)

22 MUSICIANS OF THE UNITED

STATES AND CANADA, The Hon. John A. Kronstadt

23

Plaintiff, [PROPOSED] JOINT

24 STIPULATED PROTECTIVE

v. ORDER

25

212 PRODUCTIONS, LLC, DISCOVERY MATTER

26

Defendant. Jury Trial Demanded

27 Filed Date: 08/12/2020

28

1 Plaintiff, American Federation of Musicians of the United States and Canada

2 (“Plaintiff”) and Defendant, 212 Productions, LLC (“Defendant”), by and through

3 their counsel of record, submit the following proposed Joint Stipulated Protective

4 Order:

5

6 1. A. PURPOSES AND LIMITATIONS

7 Discovery in this action is likely to involve production of confidential,

8 proprietary, or private information for which special protection from public

9 disclosure and from use for any purpose other than prosecuting this litigation may

10 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

11 enter the following Stipulated Protective Order. The parties acknowledge that this

12 Order does not confer blanket protections on all disclosures or responses to

13 discovery and that the protection it affords from public disclosure and use extends

14 only to the limited information or items that are entitled to confidential treatment

15 under the applicable legal principles. The parties further acknowledge, as set forth

16 in Section 12.3, below, that this Stipulated Protective Order does not entitle them

17 to file confidential information under seal; Civil Local Rule 79-5 sets forth the

18 procedures that must be followed and the standards that will be applied when a

19 party seeks permission from the court to file material under seal.

20 B. GOOD CAUSE STATEMENT

21 This action is likely to involve trade secrets, individual employment and

22 income information of musicians and employees represented by AFM, proprietary

23 information of 212 Productions, LLC, and its vendors and business partners,

24 private financial information of persons not represented by AFM and other

25 valuable industry commercial, financial, and/or proprietary information for which

26 special protection from public disclosure and from use for any purpose other than

27 prosecution and/or defense of this action is warranted. Such individual,

28 confidential and/or proprietary materials and information consist of at least:

1 i) Information reflecting the wages, benefits, and residuals paid or owed

2 to musicians represented by AFM. The parties recognize and agree that the

3 wage and income information at issue in this Action has been collectively as

4 opposed to privately bargained, that it is directly relevant to AFM’s claims and

5 essential to the fair resolution of this Action.

6 The parties further recognize and agree that the right of employees to engage

7 in concerted activities and collective bargaining with respect to wages, benefits,

8 and other terms and conditions of employment is a fundamental right guaranteed

9 by the National Labor Relations Act, and that for this right to be a meaningful one

10 employees must have the right to discuss wages, benefits, and other terms and

11 conditions of employment. The parties further recognize and agree that this

12 information is not Confidential 212 Productions, LLC Information (as defined

13 below). AFM asserts that musicians represented by AFM have, prior to the

14 commencement of this Action, discussed and disclosed this information

15 specifically as it relates to the subject matter of this Action among themselves,

16 with AFM, and with their family members or other members of the public. AFM,

17 as bargaining agent for musician employees of 212 Productions, LLC, contends

18 that it is entitled to this information for collective bargaining purposes pursuant to

19 the National Labor Relations Act. 212 Productions, LLC, produced a substantial

20 quantity of this information prior to the commencement of this Action for purposes

21 of collective bargaining.

22 The parties agree that a “confidential” designation under this Order made by

23 any Party or Non-Party of information or materials reflecting the wages, benefits

24 and residuals paid or owed to musicians represented by AFM, or any of the other

25 terms and conditions of employment collectively bargained by AFM, shall not

26 operate or be given effect in any way that would prohibit employees from

27 discussing wages and benefits; prohibit employees from disclosing their

28 paychecks; prohibit employees from giving interviews or making public statements

1 about the activities or policies of 212 Productions, LLC; prohibit employees from

2 disclosing any other term or condition of employment subject to collective

3 bargaining; in any other like or related manner interfere with, restrain, or coerce

4 employees in the exercise of the rights guaranteed by the National Labor Relations

5 Act; or interfere with the administration of AFM as the recognized representative

6 agent of musicians for purposes of collective bargaining.

7 Information produced in this Action reflecting the wages, benefits, and

8 residuals paid or owed to musicians represented by AFM will not be designated by

9 any Party or Non-Party as "confidential” without a good faith belief that such

10 information has been maintained in a confidential, non-public manner prior to its

11 production in this Action.

12 ii) Confidential 212 Productions, LLC, Information. Such confidential

13 and proprietary materials and information consist of, among other things,

14 confidential business or financial information (including intellectual property

15 owned by or licensed to 212 Productions LLC or any related entity) regarding the

16 development, production, scoring and distribution of television programs and

17 motion pictures, information regarding confidential business practices, or other

18 confidential research, development, or commercial information, the confidential

19 and proprietary terms of Defendant’s contractual relationships with its vendors and

20 national and international program distributors, the disclosure of which would

21 materially impair the Defendant’s ability to compete for services and negotiate

22 future agreements with vendors and distributors, and information otherwise

23 generally unavailable to the public, or which may be privileged or otherwise

24 protected from disclosure under state or federal statutes, court rules, case decisions,

25 or common law.

26 Accordingly, to expedite the flow of information, to facilitate the prompt

27 resolution of disputes over confidentiality of discovery materials, to adequately

28 protect information the parties are entitled to keep confidential, to ensure that the

1 parties are permitted reasonable necessary uses of such material in preparation for

2 and in the conduct of trial, to address their handling at the end of the litigation, and

3 serve the ends of justice, a protective order for such information is justified in this

4 matter. It is the intent of the parties that information will not be designated as

5 confidential for tactical reasons and that nothing be so designated without a good

6 faith belief that it has been maintained in a confidential, non-public manner, and

7 there is good cause why it should not be part of the public record of this case.

8 2. DEFINITIONS

9 2.1 Action: The within lawsuit captioned “American Federation of

10 Musicians of the United States and Canada v. 212 Productions, LLC” pending in

11 the United States District Court for the Central District of California as Case No.

12 2:20-cv-07255 JAK (KSx).

13 2.2 Challenging Party: a Party or Non-Party that challenges the designation

14 of information or items under this Order.

15 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

16 how it is generated, stored or maintained) or tangible things that qualify for

17 protection under Federal Rule of Civil Procedure 26(c), and as specified above in

18 the Good Cause Statement.

19 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

20 their support staff).

21 2.5 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.”

24 2.6 Disclosure or Discovery Material: all items or information, regardless of

25 the medium or manner in which it is generated, stored, or maintained (including,

26 among other things, testimony, transcripts, and tangible things), that are produced

27 or generated in disclosures or responses to discovery in this matter.

28

1 2.7 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

3 as an expert witness or as a consultant in this Action.

4 2.8 House Counsel: attorneys who are employees of a party to this Action.

5 House Counsel does not include Outside Counsel of Record or any other outside

6 counsel.

7 2.9 Non-Party: any natural person, partnership, corporation, association, or

8 other legal entity not named as a Party to this action.

9 2.10 Outside Counsel of Record: attorneys who are not employees of a

10 party to this Action but are retained to represent or advise a party to this Action

11 and have appeared in this Action on behalf of that party or are affiliated with a law

12 firm which has appeared on behalf of that party, and includes support staff.

13 2.11 Party: any party to this Action, including all of its officers, directors,

14 employees, consultants, retained experts, and Outside Counsel of Record (and their

15 support staffs).

16 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

17 Discovery Material in this Action.

18 2.13 Professional Vendors: persons or entities that provide litigation support

19 services (e.g., photocopying, videotaping, translating, preparing exhibits or

20 demonstrations, and organizing, storing, or retrieving data in any form or medium)

21 and their employees and subcontractors.

22 2.14 Protected Material: any Disclosure or Discovery Material that is

23 designated as “CONFIDENTIAL.”

24 2.15 Receiving Party: a Party that receives Disclosure or Discovery

25 Material from a Producing Party.

26 3. SCOPE

27 The protections conferred by this Stipulation and Order cover not only

28 Protected Material (as defined above), but also (1) any information copied or

1 extracted from Protected Material; (2) all copies, excerpts, summaries, or

2 compilations of Protected Material; and (3) any testimony, conversations, or

3 presentations by Parties or their Counsel that might reveal Protected Material.

4 Any use of Protected Material at trial shall be governed by the orders of the

5 trial judge. This Order does not govern the use of Protected Material at trial.

6 4. DURATION

7 i) Once this case proceeds to trial, all of the information reflecting the

8 wages, benefits, and residuals paid or owed to musicians represented by AFM that

9 was designated as confidential or maintained pursuant to this protective order

10 becomes public and will be presumptively available to all members of the public,

11 including the press, unless compelling reasons supported by specific factual

12 findings to proceed otherwise are made to the trial judge in advance of the trial.

13 See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir.

14 2006) (distinguishing “good cause” showing for sealing documents produced in

15 discovery from “compelling reasons” standard when merits-related documents are

16 part of court record).

17 ii) With respect to Confidential 212 Productions, LLC, information, even

18 after final disposition of this litigation, the confidentiality obligations imposed by

19 this Order shall remain in effect until a Designating Party agrees otherwise in

20 writing or a court order otherwise directs. Final disposition shall be deemed to be

21 the later of (1) dismissal of all claims and defenses in this Action, with or without

22 prejudice; and (2) final judgment herein after the completion and exhaustion of all

23 appeals, rehearings, remands, trials, or reviews of this Action, including the time

24 limits for filing any motions or applications for extension of time pursuant to

25 applicable law.

26 5. DESIGNATING PROTECTED MATERIAL

27 5.1 Exercise of Restraint and Care in Designating Material for Protection.

28 Each Party or Non-Party that designates information or items for protection under

1 this Order must take care to limit any such designation to specific material that

2 qualifies under the appropriate standards. The Designating Party must designate for

3 protection only those parts of material, documents, items, or oral or written

4 communications that qualify so that other portions of the material, documents,

5 items, or communications for which protection is not warranted are not swept

6 unjustifiably within the ambit of 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

10 impose unnecessary expenses and burdens on other parties) may expose the

11 Designating Party 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”), to each page that

25 contains protected material. If only a portion or portions of the material on a page

26 qualifies for protection, the Producing Party also must clearly identify the

27 protected portion(s) (e.g., by making appropriate markings in the margins).

28

1 A Party or Non-Party that makes original documents available for inspection

2 need not designate them for protection until after the inspecting Party has indicated

3 which documents it would like copied and produced. During the inspection and

4 before the designation, all of the material made available for inspection shall be

5 deemed “CONFIDENTIAL.” After the inspecting Party has identified the

6 documents it wants copied and produced, the Producing Party must determine

7 which documents, or portions thereof, qualify for protection under this Order.

8 Then, before producing the specified documents, the Producing Party must affix

9 the “CONFIDENTIAL legend” to each page that contains Protected Material. If

10 only a portion or portions of the material on a page qualifies for protection, the

11 Producing Party also must clearly identify the protected portion(s) (e.g., by making

12 appropriate markings in the margins).

13 (b) for testimony given in depositions that the Designating Party identify the

14 Disclosure or Discovery Material on the record, before the close of the deposition

15 all protected testimony.

16 (c) for information produced in some form other than documentary and for

17 any other tangible items, that the Producing Party affix in a prominent place on the

18 exterior of the container or containers in which the information is stored the legend

19 “CONFIDENTIAL.” If only a portion or portions of the information warrants

20 protection, the Producing Party, to the extent practicable, shall identify the

21 protected portion(s).

22 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

23 failure to designate qualified information or items does not, standing alone, waive

24 the Designating Party’s right to secure protection under this Order for such

25 material. Upon timely correction of a designation, the Receiving Party must make

26 reasonable efforts to assure that the material is treated in accordance with the

27 provisions of this Order.

28 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

1 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

2 designation of confidentiality at any time that is consistent with the Court’s

3 Scheduling Order.

4 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

5 resolution process under Local Rule 37.1 et seq.

6 6.3 The burden of persuasion in any such challenge proceeding shall be on

7 the Designating Party. Frivolous challenges, and those made for an improper

8 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

9 parties) may expose the Challenging Party to sanctions. Unless the Designating

10 Party has waived or withdrawn the confidentiality designation, all parties shall

11 continue to afford the material in question the level of protection to which it is

12 entitled under the Producing Party’s designation until the Court rules on the

13 challenge.

14 7. ACCESS TO AND USE OF PROTECTED MATERIAL

15 7.1 Basic Principles. A Receiving Party may use Protected Material that is

16 disclosed or produced by another Party or by a Non-Party in connection with this

17 Action only for prosecuting, defending, or attempting to settle this Action. Such

18 Protected Material may be disclosed only to the categories of persons and under

19 the conditions described in this Order. When the Action has been terminated, a

20 Receiving Party must comply with the provisions of section 13 below (FINAL

21 DISPOSITION).

22 Protected Material must be stored and maintained by a Receiving Party at a

23 location and in a secure manner that ensures that access is limited to the persons

24 authorized under this Order.

25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

26 otherwise ordered by the court or permitted in writing by the Designating Party, a

27 Receiving Party may disclose any information or item designated

28 “CONFIDENTIAL” only to:

1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well

2 as employees of said Outside Counsel of Record to whom it is reasonably

3 necessary to disclose the information for this Action;

4 (b) the officers, directors, and employees (including House Counsel) of the

5 Receiving Party to whom disclosure is reasonably necessary for this Action;

6 (c) Experts (as defined in this Order) of the Receiving Party to whom

7 disclosure is reasonably necessary for this Action and who have signed the

8 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

9 (d) the court and its personnel;

10 (e) court reporters and their staff;

11 (f) professional jury or trial consultants, mock jurors, and Professional

12 Vendors to whom disclosure is reasonably necessary for this Action and who have

13 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

14 (g) the author or recipient of a document containing the information or a

15 custodian or other person who otherwise possessed or knew the information;

16 (h) during their depositions, witnesses, and attorneys for witnesses, in the

17 Action to whom disclosure is reasonably necessary provided: (1) the deposing

18 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)

19 they will not be permitted to keep any confidential information unless they sign the

20 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

21 agreed by the Designating Party or ordered by the court. Pages of transcribed

22 deposition testimony or exhibits to depositions that reveal Protected Material may

23 be separately bound by the court reporter and may not be disclosed to anyone

24 except as permitted under this Stipulated Protective Order; and

25 (i) any mediator or settlement officer, and their supporting personnel,

26 mutually agreed upon by any of the parties engaged in settlement discussions.

27

28

1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

2 IN OTHER LITIGATION

3 If a Party is served with a subpoena or a court order issued in other litigation

4 that compels disclosure of any information or items designated in this Action as

5 “CONFIDENTIAL,” that Party must:

6 (a) promptly notify in writing the Designating Party. Such notification shall

7 include a copy of the subpoena or court order;

8 (b) promptly notify in writing the party who caused the subpoena or order to

9 issue in the other litigation that some or all of the material covered by the subpoena

10 or order is subject to this Protective Order. Such notification shall include a copy

11 of this Stipulated Protective Order; and

12 (c) cooperate with respect to all reasonable procedures sought to be pursued

13 by the Designating Party whose Protected Material may be affected.

14 If the Designating Party timely seeks a protective order, the Party served

15 with the subpoena or court order shall not produce any information designated in

16 this action as “CONFIDENTIAL” before a determination by the court from which

17 the subpoena or order issued, unless the Party has obtained the Designating Party’s

18 permission. The Designating Party shall bear the burden and expense of seeking

19 protection in that court of its confidential material and nothing in these provisions

20 should be construed as authorizing or encouraging a Receiving Party in this Action

21 to disobey a lawful directive from another court.

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.” Such information

26 produced by Non-Parties in connection with this litigation is protected by the

27 remedies and relief provided by this Order. Nothing in these provisions should be

28 construed as prohibiting a Non-Party from seeking additional protections.

1 (b) In the event that a Party is required, by a valid discovery request, to

2 produce a Non-Party’s confidential information in its possession, and the Party is

3 subject to an agreement with the Non-Party not to produce the Non-Party’s

4 confidential information, then the Party shall:

5 (1) promptly notify in writing the Requesting Party and the Non-Party that

6 some or all of the information requested is subject to a confidentiality agreement

7 with a Non-Party;

8 (2) promptly provide the Non-Party with a copy of the Stipulated Protective

9 Order in this Action, the relevant discovery request(s), and a reasonably specific

10 description of the information requested; and

11 (3) make the information requested available for inspection by the Non-

12 Party, if requested.

13 (c) If the Non-Party fails to seek a protective order from this court within 14

14 days of receiving the notice and accompanying information, the Receiving Party

15 may produce the Non-Party’s confidential information responsive to the discovery

16 request. If the Non-Party timely seeks a protective order, the Receiving Party shall

17 not produce any information in its possession or control that is subject to the

18 confidentiality agreement with the Non-Party before a determination by the court.

19 Absent a court order to the contrary, the Non-Party shall bear the burden and

20 expense of seeking protection in this court of its Protected Material.

21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

22 If a Receiving Party learns that, by inadvertence or otherwise, it has

23 disclosed Protected Material to any person or in any circumstance not authorized

24 under this Stipulated Protective Order, the Receiving Party must immediately (a)

25 notify in writing the Designating Party of the unauthorized disclosures, (b) use its

26 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform

27 the person or persons to whom unauthorized disclosures were made of all the terms

28 of this Order, and (d) request such person or persons to execute the

1 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

2 A.

3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

4 PROTECTED MATERIAL

5 When a Producing Party gives notice to Receiving Parties that certain

6 inadvertently produced material is subject to a claim of privilege or other

7 protection, the obligations of the Receiving Parties are those set forth in Federal

8 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

9 whatever procedure may be established in an e-discovery order that provides for

10 production without prior privilege review. Pursuant to Federal Rule of Evidence

11 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

12 of a communication or information covered by the attorney-client privilege or

13 work product protection, the parties may incorporate their agreement in the

14 stipulated protective order submitted to the court.

15 12. MISCELLANEOUS

16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

17 person to seek its modification by the Court in the future.

18 12.2 Right to Assert Other Objections. By stipulating to the entry of this

19 Protective Order no Party waives any right it otherwise would have to object to

20 disclosing or producing any information or item on any ground not addressed in

21 this Stipulated Protective Order. Similarly, no Party waives any right to object on

22 any ground to use in evidence of any of the material covered by this Protective

23 Order.

24 12.3 Filing Protected Material. A Party that seeks to file under seal any

25 Protected Material must comply with Civil Local Rule 79-5. Protected Material

26 may only be filed under seal pursuant to a court order authorizing the sealing of the

27 specific Protected Material at issue. If a Party's request to file Protected Material

28

1 under seal is denied by the court, then the Receiving Party may file the information

2 in the public record unless otherwise instructed by the court.

3 13. FINAL DISPOSITION

4 After the final disposition of this Action, as defined in paragraph 4, within

5 60 days of a written request by the Designating Party, each Receiving Party must

6 return all Protected Material to the Producing Party or destroy such material. As

7 used in this subdivision, “all Protected Material” includes all copies, abstracts,

8 compilations, summaries, and any other format reproducing or capturing any of the

9 Protected Material. Whether the Protected Material is returned or destroyed, the

10 Receiving Party must submit a written certification to the Producing Party (and, if

11 not the same person or entity, to the Designating Party) by the 60 day deadline that

12 (1) identifies (by category, where appropriate) all the Protected Material that was

13 returned or destroyed and (2) affirms that the Receiving Party has not retained any

14 copies, abstracts, compilations, summaries or any other format reproducing or

15 capturing any of the Protected Material. Notwithstanding this provision, Counsel

16 are entitled to retain an archival copy of all pleadings, motion papers, trial,

17 deposition, and hearing transcripts, legal memoranda, correspondence, deposition

18 and trial exhibits, expert reports, attorney work product, and consultant and expert

19 work product, even if such materials contain Protected Material. Any such archival

20 copies that contain or constitute Protected Material remain subject to this

21 Protective Order as set forth in Section 4 (DURATION).

22 14. Any violation of this Order may be punished by any and all appropriate

23 measures including, without limitation, contempt proceedings and/or monetary

24 sanctions.

25

26 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.

27

28

1

DATED: May 11, 2021 AMERICAN FEDERATION OF

2 MUSICIANS OF THE UNITED STATES

AND CANADA

3 RUSSELL NAYMARK

4 JENNIFER P. GARNER

By: /s/ Jennifer P. Garner

6 Jennifer P. Garner —

7 Attorneys for Plaintiff

8 | DATED: May 11, 2021 MITCHELL SILBERBERG & KNUPP LLP

ADAM LEVIN

STEPHEN A. ROSSI

10

i By: /s/ Stephen A. Rossi

12 Stephen A. Rossi

Attorneys for Defendant

13

14 Attestation Regarding Signatures

15 Pursuant to Civil Local Rule 5-4.3.4(a)(2)(), I, Stephen A. Rossi, attest that

16) all signatories listed, and on whose behalf the filing is submitted, concur in the

17 filing’s content and have authorized the filing.

18

19 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

20

31 | DATED: May 12, 2021

22

23

the: Aeanentsrn

“HEAHON. IN L.St NSO

25 TED SATES MAGISTRATE JUDGE

26

27

JR

&

LLP 16

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of

4 _________________ [print or type full address], declare under penalty of perjury

5 that I have read in its entirety and understand the Stipulated Protective Order that

6 was issued by the United States District Court for the Central District of California

7 on ____________ in the case of American Federation of Musicians of the United

8 States and Canada v. 212 Productions, LLC, Case No. 2:20-cv-07255 JAK (KSx).

9 I agree to comply with and to be bound by all the terms of this Stipulated

10 Protective Order and I understand and acknowledge that failure to so comply could

11 expose me to sanctions and punishment in the nature of contempt. I solemnly

12 promise that I will not disclose in any manner any information or item that is

13 subject to this Stipulated Protective Order to any person or entity except in strict

14 compliance with the provisions of this Order.

15 I further agree to submit to the jurisdiction of the United States District

16 Court for the Central District of California for the purpose of enforcing the terms

17 of this Stipulated Protective Order, even if such enforcement proceedings occur

18 after termination of this action. I hereby appoint __________________________

19 [print or type full name] of ___________________________________________

20 [print or type full address and telephone number] as my California agent for

21 service of process in connection with this action or any proceedings related to

22 enforcement of this Stipulated Protective Order.

23 Date: ______________________________________

24 City and State where sworn and signed: _________________________________

25

26 Printed name: _______________________________

27

28 Signature: __________________________________