The opinion
1 Nicola C. Menaldo, pro hac vice
2 NMenaldo@perkinscoie.com
Anna Mouw Thompson, pro hac vice
3 AnnaThompson@perkinscoie.com
4 Jordan C. Harris, pro hac vice
JordanHarris@perkinscoie.com
5 PERKINS COIE LLP
6 1301 Second Avenue, Suite 4200
Seattle, Washington 98101-3804
7 Telephone: 206.359.8000
8 Facsimile: 206.359.9000
9
Alisha C. Burgin, Bar No. 286269
10 ABurgin@perkinscoie.com
PERKINS COIE LLP
11
1888 Century Park East, Suite 1700
12 Los Angeles, California 90067-1721
Telephone: 310.788.9900
13
Facsimile: 310.788.3399
14
Attorneys for Defendant Magnite, Inc.
15
16 [Additional counsel on signature page]
17
UNITED STATES DISTRICT COURT
18
CENTRAL DISTRICT OF CALIFORNIA
19
20
EDWARD LEWIS, GLADYS SOLIS, Case No. 2:25-cv-03448-MWC-SSC
21
and PATRICIA CASTILLO,
22 individually and on behalf of similarly STIPULATED [PROPOSED]
situated individuals, PROTECTIVE ORDER
23
24 Plaintiffs, Judge: Hon. Michelle Williams Court
25 v.
26
MAGNITE, INC.,
27
Defendant.
28
1 1. INTRODUCTION1
2 1.1. Purposes and Limitations. Discovery in this action is likely to involve
3 production of confidential, proprietary, or private information for which special
4 protection from public disclosure and from use for any purpose other than
5 prosecuting this litigation may be warranted. Accordingly, the parties hereby
6 stipulate to and petition the court to enter the following Stipulated Protective Order.
7 The parties acknowledge that this Order does not confer blanket protection on all
8 disclosures or responses to discovery and that the protection it affords from public
9 disclosure and use extends only to the limited information or items that are entitled
10 to confidential treatment under the applicable legal principles.
11 1.2. Good Cause Statement. This action is likely to involve trade secrets,
12 proprietary technology information, customer information, private personally
13 identifiable information, and other valuable research, development, commercial,
14 financial, technical and/or proprietary information for which special protection
15 from public disclosure and from use for any purpose other than prosecution of this
16 action is warranted. Such confidential, proprietary, and private materials and
17 information consist of, among other things, confidential business or financial
18 information, private personally identifiable information, information regarding
19 confidential business practices, or other confidential research, development, or
20 commercial information (including information implicating privacy rights of third
21 parties), information otherwise generally unavailable to the public, or which may be
22 privileged or otherwise protected from disclosure under state or federal statutes,
23 court rules, case decisions, or common law. Accordingly, to expedite the flow of
24 information, to facilitate the prompt resolution of disputes over confidentiality of
25
26 1 This Stipulated Protective Order is substantially based on the model protective
order provided under Magistrate Judge Stephanie S. Christensen’s Procedures as of
27
24 July 2023.
28 2
1 discovery materials, to adequately protect information the parties are entitled to
2 keep confidential, to ensure that the parties are permitted reasonable and necessary
3 uses of such material in preparation for and in the conduct of trial, to address their
4 handling at the end of the litigation, and serve the ends of justice, a protective order
5 for such information is justified in this matter. It is the intent of the parties that
6 information will not be designated as confidential for tactical reasons and that
7 nothing be so designated without a good faith belief that it has been maintained in a
8 confidential, non-public manner, and there is good cause why it should not be part
9 of the public record of this case.
10 1.3. Acknowledgment of Procedure for Filing Under Seal. The parties
11 further acknowledge, as set forth in Section 14.3, below, that this Stipulated
12 Protective Order does not entitle them to file confidential information under seal;
13 Local Rule 79-5 sets forth the procedures that must be followed and the standards
14 that will be applied when a party seeks permission from the court to file material
15 under seal.
16 There is a strong presumption that the public has a right of access to judicial
17 proceedings and records in civil cases. In connection with non-dispositive motions,
18 good cause must be shown to support a filing under seal. See Kamakana v. City and
19 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of
20 Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-
21 Welbon v. Sony Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated
22 protective orders require good cause showing), and a specific showing of good
23 cause or compelling reasons with proper evidentiary support and legal justification,
24 must be made with respect to Protected Material that a party seeks to file under
25 seal. The parties’ mere designation of Disclosure or Discovery Material as
26 CONFIDENTIAL does not—without the submission of competent evidence by
27 declaration, establishing that the material sought to be filed under seal qualifies as
28 3
1 confidential, privileged, or otherwise protectable—constitute good cause.
2 Further, if a party requests sealing related to a dispositive motion or trial,
3 then compelling reasons, not only good cause, for the sealing must be shown, and
4 the relief sought shall be narrowly tailored to serve the specific interest to be
5 protected. See Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir.
6 2010). For each item or type of information, document, or thing sought to be filed
7 or introduced under seal in connection with a dispositive motion or trial, the party
8 seeking protection must articulate compelling reasons, supported by specific facts
9 and legal justification, for the requested sealing order. Again, competent evidence
10 supporting the application to file documents under seal must be provided by
11 declaration.
12 Any document that is not confidential, privileged, or otherwise protectable in
13 its entirety will not be filed under seal if the confidential portions can be redacted.
14 If documents can be redacted, then a redacted version for public viewing, omitting
15 only the confidential, privileged, or otherwise protectable portions of the document,
16 shall be filed. Any application that seeks to file documents under seal in their
17 entirety should include an explanation of why redaction is not feasible.
18 2. DEFINITIONS
19 2.1. Action: Edward Lewis et al. v. Magnite, Inc., Case No. 2:25-cv-03448-
20 MWC-SSC.
21 2.2. Challenging Party: a Party or Non-Party that challenges the
22 designation of information or items under this Order.
23 2.3. “CONFIDENTIAL” Information or Items: information (regardless of
24 how it is generated, stored, or maintained) or tangible things that qualify for
25 protection under Federal Rule of Civil Procedure 26(c) and as specified above in
26 the Good Cause Statement.
27 2.4. Counsel: Outside Counsel of Record and In-House Counsel (as well as
28 4
1 their support staff).
2 2.5. Designating Party: Party or Non-Party that designates information or
3 items that it produces in disclosures or in responses to discovery as
4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
5 ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE.”
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
9 or 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 (1) has been retained by a Party or its Counsel to
12 serve as an Expert witness or as a consultant in this Action; (2) is not a past or
13 current employee of a Party or of a Party’s competitor; and (3) at the time of
14 retention, is not anticipated to become an employee of a Party or of a Party’s
15 competitor.
16 2.8. Final Disposition: the later of (1) dismissal of all claims and defenses
17 in this action, with or without prejudice; and (2) final judgment herein after the
18 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of
19 this action, including the time limits for filing any motions or applications for
20 extension of time pursuant to applicable law.
21 2.9. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
22 Information or Items: extremely sensitive CONFIDENTIAL Information or Items,
23 disclosure of which to another Party or Non-Party would create a substantial risk of
24 serious harm that could not be avoided by less restrictive means.
25 2.10. “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or
26 Items: extremely sensitive CONFIDENTIAL Information or Items representing
27 computer code and associated comments and revision histories, formulas,
28 5
1 engineering specifications, or schematics that define or otherwise describe in detail
2 the algorithms or structure of software or hardware designs, disclosure of which to
3 another Party or Non-Party would create a substantial risk of serious harm that
4 could not be avoided by less restrictive means.
5 2.11. In-House Counsel: attorneys who are employees of a party to this
6 action. In-House Counsel does not include Outside Counsel of Record or any other
7 outside counsel.
8 2.12. Non-Party: any natural person, partnership, corporation, association, or
9 other legal entity not named as a Party to this action.
10 2.13. Outside Counsel of Record: attorneys who are not employees of a
11 party to this action but are retained to represent or advise a party to this action and
12 have appeared in this action on behalf of that party or are affiliated with a law firm
13 which has appeared on behalf of that party, and includes support staff.
14 2.14. Party: any party to this action, including all of its officers, directors,
15 employees, consultants, retained Experts, and Outside Counsel of Record (and their
16 support staff).
17 2.15. Producing Party: a Party or Non-Party that produces Disclosure or
18 Discovery Material in this action.
19 2.16. Professional Vendors: persons or entities that provide litigation
20 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
21 demonstrations, and organizing, storing, or retrieving data in any form or medium)
22 and their employees and subcontractors.
23 2.17. Protected Material: any Disclosure or Discovery Material that is
24 designated as “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL –
25 ATTORNEYS’ EYES ONLY” or as “HIGHLY CONFIDENTIAL – SOURCE
26 CODE” or is otherwise within the scope of protected information identified in
27 Section 3.
28 6
1
2 2.18. Receiving Party: a Party that receives Disclosure or Discovery
3 Material from a Producing Party.
4 3. SCOPE
5 The protections conferred by this Stipulation and Order cover not only
6 Protected Material (as defined above), but also (1) any information copied or
7 extracted from Protected Material; (2) all copies, excerpts, summaries, or
8 compilations of Protected Material; and (3) any testimony, conversations, or
9 presentations by Parties or their Counsel that might reveal Protected Material.
10 Any use of Protected Material at trial shall be governed by the orders of the
11 trial judge and a separate, forthcoming agreement between the Parties. This
12 Stipulated Protective Order does not govern the use of Protected Material at trial.
13 4. DURATION
14 Even after Final Disposition of this litigation, the confidentiality obligations
15 imposed by this Stipulated Protective Order shall remain in effect until a
16 Designating Party agrees otherwise in writing or a court order otherwise directs.
17 5. DESIGNATING PROTECTED MATERIAL
18 5.1. Exercise of Restraint and Care in Designating Material for Protection.
19 Each Party or Non-Party that designates information or items for protection under
20 this Order must take care to limit any such designation to specific material that
21 qualifies under the appropriate standards. The Designating Party may designate for
22 protection entire documents, items, or oral or written communications. The non-
23 designating Party may request, on a document-by-document basis, that a
24 Designating Party narrow its designations to specific portions of the material,
25 documents, items, or communications that were produced. A dispute about this
26 specification process shall be subject to the challenge processes described in
27 Section 6 below.
28 7
1 Mass, indiscriminate, or routinized designations are prohibited. Designations
2 that are shown to be clearly unjustified or that have been made for an improper
3 purpose (e.g., to unnecessarily encumber or retard the case development process or
4 to impose unnecessary expenses and burdens on other Parties) expose the
5 Designating Party to sanctions.
6 If it comes to a Designating Party’s attention that information or items that it
7 designated for protection do not qualify for protection at all or do not qualify for the
8 level of protection initially asserted, that Designating Party must promptly notify all
9 other Parties that it is withdrawing the mistaken designation.
10 5.2. Manner and Timing of Designations. Except as otherwise provided in
11 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise
12 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
13 under this Order must be clearly so designated before the material is disclosed or
14 produced.
15 Designation in conformity with this Order requires:
16 (a) for information in documentary form (e.g., paper or electronic
17 documents, but excluding transcripts of depositions or other pretrial or trial
18 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or
19 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
20 CONFIDENTIAL – SOURCE CODE” to each page that contains Protected
21 Material. If only a portion or portions of the material on a page qualifies for
22 protection, to the extent it is practical to do so, the Producing Party also must
23 clearly identify the protected portion(s) (e.g., by making appropriate markings in
24 the margins) and must specify, for each portion, the level of protection being
25 asserted.
26 A Party or Non-Party that makes original documents or materials available
27 for inspection need not designate them for protection until after the inspecting Party
28 8
1 has indicated which material it would like copied and produced. During the
2 inspection and before the designation, all of the material made available for
3 inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
4 ONLY.” After the inspecting Party has identified the documents it wants copied
5 and produced, the Producing Party must determine which documents, or portions
6 thereof, qualify for protection under this Order. Then, before producing the
7 specified documents, the Producing Party must affix the appropriate legend
8 (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
9 ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE”) to each page of
10 documents that contain Protected Material.
11 For Protected Material that is produced in native electronic format, the
12 designation legend must be included in the file name and on any slipsheets when
13 produced, and any Party, when printing such Protected Material, must affix the
14 designated legend to each page of the printed copy.
15 (b) for testimony given in deposition or in other pretrial or trial
16 proceedings, that the Designating Party identify on the record, before the close of
17 the deposition, hearing, or other proceeding, all protected testimony and specify the
18 level of protection being asserted. When it is impractical to identify separately each
19 portion of testimony that is entitled to protection and it appears that substantial
20 portions of the testimony may qualify for protection, the Designating Party may
21 invoke on the record (before the deposition, hearing, or other proceeding is
22 concluded) a right to have up to 21 days from receipt of the final transcript to
23 identify the specific portions of the testimony as to which protection is sought and
24 to specify the level of protection being asserted. Only those portions of the
25 testimony that are appropriately designated for protection within the 21 days shall
26 be covered by the provisions of this Stipulated Protective Order. Alternatively, a
27 Designating Party may specify, at the deposition or up to 21 days afterwards, if that
28 9
1 period is properly invoked, that the entire transcript shall be treated as
2 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
3 ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE.”
4 Parties shall give the other Parties reasonable notice if they reasonably
5 expect a deposition, hearing, or other proceeding to include Protected Material so
6 that the other Parties can ensure that only authorized individuals who have signed
7 the “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at
8 those proceedings. The use of a document as an exhibit at a deposition shall not in
9 any way affect its designation as “CONFIDENTIAL” or “HIGHLY
10 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
11 CONFIDENTIAL – SOURCE CODE.”
12 Transcripts containing Protected Material shall have an obvious legend on
13 the title page that the transcript contains Protected Material, and the title page shall
14 be followed by a list of all pages (including line numbers as appropriate) that have
15 been designated as Protected Material and the level of protection being asserted by
16 the Designating Party. The Designating Party shall inform the court reporter of
17 these requirements.
18 Any transcript that is prepared before the expiration of a 21-day period for
19 designation shall be treated during that period as if it had been designated
20 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
21 CONFIDENTIAL – SOURCE CODE” in its entirety unless otherwise agreed. After
22 the expiration of that period, the transcript shall be treated only as actually
23 designated.
24 (c) for information produced in some form other than documentary and
25 for any other tangible items, that the Producing Party affix in a prominent place on
26 the exterior of the container or containers in which the information or item is stored
27 the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
28 10
1 EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE.” If only a
2 portion or portions of the information or item warrant protection, the Producing
3 Party, to the extent practicable, shall identify the protected portion(s) and specify
4 the level of protection being asserted.
5 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent
6 failure to designate qualified information or items does not, standing alone, waive
7 the Designating Party’s right to secure protection under this Order for such
8 material. Upon timely correction of a designation, the Receiving Party must make
9 reasonable efforts to assure that the material is treated in accordance with the
10 provisions of this Stipulated Protective Order.
11 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
12 6.1. Timing of Challenges. Any Party or Non-Party may challenge a
13 designation of confidentiality at any time. Unless a prompt challenge to a
14 Designating Party’s confidentiality designation is necessary to avoid foreseeable,
15 substantial unfairness, unnecessary economic burdens, or a significant disruption or
16 delay of the litigation, a Party does not waive its right to challenge a confidentiality
17 designation by electing not to mount a challenge promptly after the original
18 designation is disclosed.
19 6.2. Meet and Confer. The Challenging Party shall initiate the dispute
20 resolution process under Local Rule 37.1 et seq. and with Section 2 of Judge
21 Christensen’s Civil Procedures titled “Brief Pre-Discovery Motion Conference.”2
22 6.3. The burden of persuasion in any such challenge proceeding shall be on
23 the Designating Party. Frivolous challenges and those made for an improper
24 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
25 Parties) may expose the Challenging Party to sanctions. Unless the Designating
26
2 Judge Christensen’s Procedures are available at
27
https://www.cacd.uscourts.gov/honorable-stephanie-s-christensen.
28 11
1 Party has waived or withdrawn the confidentiality designation, all Parties shall
2 continue to afford the material in question the level of protection to which it is
3 entitled under the Producing Party’s designation until the court rules on the
4 challenge.
5 7. ACCESS TO AND USE OF PROTECTED MATERIAL
6 7.1. Basic Principles. A Receiving Party may use Protected Material that is
7 disclosed or produced by another Party or by a Non-Party in connection with this
8 case only for prosecuting, defending, or attempting to settle this litigation. Such
9 Protected Material may be disclosed only to the categories of persons and under the
10 conditions described in this Order. When the litigation reaches a Final Disposition,
11 a Receiving Party must comply with the provisions of Section 15 below.
12 Protected Material must be stored and maintained by a Receiving Party at a
13 location and in a secure manner that ensures that access is limited to the persons
14 authorized under this Order.
15 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless
16 otherwise ordered by the court or permitted in writing by the Designating Party, a
17 Receiving Party may disclose any information or item designated
18 “CONFIDENTIAL” only:
19 (a) to the Receiving Party’s Outside Counsel of Record in this action, as
20 well as employees of said Outside Counsel of Record to whom it is reasonably
21 necessary to disclose the information for this litigation;
22 (b) to the officers, directors, and employees (including In-House Counsel)
23 of the Receiving Party to whom disclosure is reasonably necessary for this action;
24 (c) to Experts (as defined in this Order) of the Receiving Party to whom
25 disclosure is reasonably necessary for this litigation and who have signed the
26 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
27 (d) to the court and its personnel;
28 12
1 (e) to court reporters and their staff;
2 (f) to professional jury or trial consultants, mock jurors, and Professional
3 Vendors to whom disclosure is reasonably necessary for this litigation and who
4 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
5 (g) to the author or recipient of a document containing the information or
6 a custodian or other person who otherwise possessed or knew the information;
7 (h) during their depositions, to witnesses, and attorneys for witnesses, in
8 the Action to whom disclosure is reasonably necessary, provided: (1) the deposing
9 party requests that the witness sign the “Acknowledgment and Agreement to Be
10 Bound” (Exhibit A); and (2) the witness will not be permitted to keep any
11 confidential information unless they sign the “Acknowledgment and Agreement to
12 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or
13 ordered by the court. Pages of transcribed deposition testimony or exhibits to
14 depositions that reveal Protected Material may be separately bound by the court
15 reporter and may not be disclosed to anyone except as permitted under this
16 Stipulated Protective Order; and
17 (i) to any mediator or settlement officer, and their supporting personnel,
18 mutually agreed upon by any of the parties engaged in settlement discussions.
19 7.3. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
20 ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or Items.
21 Unless otherwise ordered by the court or permitted in writing by the Designating
22 Party, a Receiving Party may disclose any information or item designated
23 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
24 CONFIDENTIAL – SOURCE CODE” only:
25 (a) to the Receiving Party’s Outside Counsel of Record in this action, as
26 well as employees of said Outside Counsel of Record to whom it is reasonably
27 necessary to disclose the information for this litigation and who have signed the
28 13
1 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
2 A;
3 (b) to Experts of the Receiving Party (1) to whom disclosure is reasonably
4 necessary for this litigation, (2) who have signed the “Acknowledgment and
5 Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set forth
6 in Section 7.4(a), below, have been followed;
7 (c) to the court and its personnel;
8 (d) to court reporters and their staff, stenographic reporters, mock jurors
9 or focus-group participants,3 and Professional Vendors to whom disclosure is
10 reasonably necessary for this litigation and who have signed the “Acknowledgment
11 and Agreement to Be Bound” (Exhibit A);
12 (e) to professional jury or trial consultants and Professional Vendors to
13 whom disclosure is reasonably necessary for this litigation and who have signed the
14 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
15 (f) the author or recipient of a document containing the information, or a
16 custodian or other person who otherwise possessed or knew the information; and
17 (g) during their depositions, to witnesses, and attorneys for witnesses, in
18 the Action to whom disclosure is reasonably necessary, provided: (1) the deposing
19 party requests that the witness sign the “Acknowledgment and Agreement to Be
20 Bound” (Exhibit A); and (2) the witness will not be permitted to keep any
21 confidential information unless they sign the “Acknowledgment and Agreement to
22 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or
23 ordered by the court. Pages of transcribed deposition testimony or exhibits to
24
3 In no event may mock jurors or focus-group participants retain or possess any
25
copies, abstracts, compilations, summaries or any other format reproducing or
26 capturing any Protected Material (1) after the mock trial or focus group is
completed, or (2) outside the facility where the mock trial or focus group is
27
conducted.
28 14
1 depositions that reveal Protected Material may be separately bound by the court
2 reporter and may not be disclosed to anyone except as permitted under this
3 Stipulated Protective Order; and
4 (h) to any mediator or settlement officer, and their supporting personnel,
5 mutually agreed upon by any of the parties engaged in settlement discussions, who
6 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
7 7.4. Procedures for Approving or Objecting to Disclosure of “HIGHLY
8 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
9 CONFIDENTIAL – SOURCE CODE” Information or Items to Experts.
10 (a) Unless otherwise ordered by the court or agreed to in writing by the
11 Designating Party, a Party, that seeks to disclose to an Expert (as defined in this
12 Order) any information or item that has been designated “HIGHLY
13 CONFIDENTIAL - ATTORNEYS’ EYES ONLY” or “HIGHLY
14 CONFIDENTIAL – SOURCE CODE” pursuant to Section 7.3(b) first must
15 confirm with the Expert that (1) the Expert is not currently employed by a Party; (2)
16 the Expert is not employed by a Party’s competitor and at the time of retention not
17 anticipated to become an employee of a Party or a competitor; (3) the Expert, and
18 all persons working with or for the Expert that will receive the Protected Material,
19 have executed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
20 (b) The Expert and all persons working with or for the Expert must
21 complete the sections of the “Acknowledgment and Agreement to Be Bound”
22 (Exhibit A) attesting that (1) the Expert is not currently employed by a Party; and
23 (2) to the best of the Expert’s knowledge, the Expert is not employed by a Party’s
24 competitor and at the time of retention is not anticipated to become an employee of
25 a Party or a competitor. The Receiving Party shall keep and store all such
26 Acknowledgments and shall provide them to the Designating Party at the
27 conclusion of the litigation if the Court orders upon showing of good cause by the
28 15
1 Designating Party.
2
3 7.5. Data Security of Protected Material
4 The Receiving Party will ensure the security of Protected Material by having
5 Protected Material maintained by and/or stored with a secure e-discovery/litigation
6 support site(s) or claims administrator that maintains an information security
7 program that aligns with standard industry practices regarding data security.
8 Any Protected Material in paper format must be maintained in a secure
9 location with access limited to persons entitled to access the Protected Material
10 under this Protective Order. The Receiving Party will take reasonable steps to limit
11 the number of copies that are made of another Party’s Protected Material that is
12 produced in paper format.
13 If a Receiving Party or any person in possession of or transmitting another
14 Designating Party’s Protected Material discovers any loss of Protected Material or a
15 breach of security, including any actual or suspected unauthorized access, relating
16 to another Designating Party’s Protected Material, the Receiving Party or any
17 person in possession of or transmitting a Designating Party’s Protected Material
18 shall: (1) promptly provide written notice to the Designating Party of such breach;
19 (2) investigate and make reasonable efforts to remediate the effects of the breach,
20 and provide Designating Party with assurances reasonably satisfactory to
21 Designating Party that such breach will not reoccur; and (3) provide sufficient
22 information about the breach that the Designating Party can reasonably ascertain
23 the size and scope of the breach.
24 The Receiving Party or any person in possession of or transmitting any
25 Protected Material agrees to cooperate, to the extent reasonably practicable, with
26 the Designating Party in investigating any such security incident. In any event, the
27 Receiving Party or any person in possession of or transmitting any Protected
28 16
1 Material shall promptly take all necessary and appropriate corrective action to
2 terminate the unauthorized access.
3 8. PROSECUTION BAR
4 Absent written consent from the Producing Party, any individual who
5 receives access to another Party’s “HIGHLY CONFIDENTIAL – ATTORNEYS’
6 EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” information
7 shall not be involved in the prosecution of patents or patent applications relating to
8 the technologies that are the subject of the underlying lawsuit before any foreign or
9 domestic agency, including the United States Patent and Trademark Office (“the
10 Patent Office”). For purposes of this paragraph, “prosecution” includes directly or
11 indirectly drafting, amending, advising, or otherwise affecting the scope or
12 maintenance of patent claims. To avoid any doubt, “prosecution” as used in this
13 paragraph does not include representing a party challenging a patent before a
14 domestic or foreign agency (including, but not limited to, a reissue protest, ex parte
15 reexamination or inter partes reexamination). This Prosecution Bar shall begin
16 when access to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
17 “HIGHLY CONFIDENTIAL – SOURCE CODE” information is first received by
18 the affected individual and shall end two (2) years after final termination of this
19 action.
20 9. SOURCE CODE
21 (a) To the extent production of source code becomes necessary in this
22 case, a Producing Party may designate source code as “HIGHLY CONFIDENTIAL
23 - SOURCE CODE” if it comprises or includes confidential, proprietary or trade
24 secret source code.
25 (b) Protected Material designated as “HIGHLY CONFIDENTIAL –
26 SOURCE CODE” shall be subject to all of the protections afforded to “HIGHLY
27 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information including the
28 17
1 Prosecution Bar set forth in Paragraph 8, and may be disclosed only to the
2 individuals to whom “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
3 ONLY” information may be disclosed, as set forth in Sections 7.3 and 7.4.
4 (c) Any source code produced in discovery shall be made available for
5 inspection, in a format allowing it to be reasonably reviewed and searched, during
6 normal business hours or at other mutually agreeable times, at an office of the
7 Producing Party’s counsel or another mutually agreed upon location. The source
8 code shall be made available for inspection on a secured computer in a secured
9 room without Internet access or network access to other computers, and the
10 Receiving Party shall not copy, remove, or otherwise transfer any portion of the
11 source code onto any recordable media or recordable device. The Producing Party
12 may visually monitor the activities of the Receiving Party’s representatives during
13 any source code review, but only to ensure that there is no unauthorized recording,
14 copying, or transmission of the source code.
15 (d) The Receiving Party may request paper copies of limited portions of
16 source code that are reasonably necessary for the preparation of court filings,
17 pleadings, Expert reports, or other papers, or for deposition or trial, but shall not
18 request paper copies for the purposes of reviewing the source code other than
19 electronically as set forth in paragraph (c) in the first instance. The Producing Party
20 shall provide all such source code in paper form including bates numbers and the
21 label “HIGHLY CONFIDENTIAL - SOURCE CODE.” The Producing Party may
22 challenge the amount of source code requested in hard copy form pursuant to the
23 dispute resolution procedure and timeframes set forth in Section 6 whereby the
24 Producing Party is the “Challenging Party” and the Receiving Party is the
25 “Designating Party” for purposes of dispute resolution.
26 (e) The Receiving Party shall maintain a record of any individual who has
27 inspected any portion of the source code in electronic or paper form. The Receiving
28 18
1 Party shall maintain a log of all copies of the Source Code. The log must include
2 the names of all reviewers and recipients of paper copies, dates and times of
3 inspection, and locations where each paper copy is stored. The Producing Party
4 may request a copy of the Receiving Party’s log upon three business days’ advance
5 written notice to the Receiving Party.
6 (f) The Receiving Party shall maintain all paper copies of any printed
7 portions of the source code in a secured, locked area. The Receiving Party shall not
8 create any electronic or other images of the paper copies and shall not convert any
9 of the information contained in the paper copies into any electronic format. The
10 Receiving Party shall only make additional paper copies if such additional copies
11 are (1) necessary to prepare court filings, pleadings, or other papers (including a
12 testifying Expert’s Expert report), (2) necessary for deposition, or (3) otherwise
13 necessary for the preparation of its case. Any paper copies used during a deposition
14 shall be retrieved by the Producing Party at the end of each day and must not be
15 given to or left with a court reporter or any other unauthorized individual.4
16 10. 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 – ATTORNEYS’ EYES
21 ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE,” that Party must:
22 (a) promptly notify in writing the Designating Party. Such notification
23 shall include a copy of the subpoena or court order;
24
4 The nature of the source code at issue in a particular case may warrant additional
25
protections or restrictions. For example, it may be appropriate under certain
26 circumstances to require the Receiving Party to provide notice to the Producing
Party before including “HIGHLY CONFIDENTIAL – SOURCE CODE”
27
information in a court filing, pleading, or expert report.
28 19
1 (b) promptly notify in writing the party who caused the subpoena or order
2 to issue in the other litigation that some or all of the material covered by the
3 subpoena or order is subject to this Protective Order. Such notification shall include
4 a copy of this Stipulated Protective Order; and
5 (c) cooperate with respect to all reasonable procedures sought to be
6 pursued by the Designating Party whose Protected Material may be affected.
7 If the Designating Party timely seeks a protective order, the Party served with
8 the subpoena or court order shall not produce any information designated in this
9 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
10 EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” before a
11 determination by the court from which the subpoena or order issued, unless the
12 Party has obtained the Designating Party’s permission. The Designating Party shall
13 bear the burden and expense of seeking protection in that court of its Protected
14 Material - and nothing in these provisions should be construed as authorizing or
15 encouraging a Receiving Party in this action to disobey a lawful directive from
16 another court.
17 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
18 PRODUCED IN THIS LITIGATION
19 11.1. Application. The terms of this Stipulated Protective Order are
20 applicable to information produced by a Non-Party in this action and designated as
21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
22 ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE.” Such information
23 produced by Non-Parties in connection with this litigation is protected by the
24 remedies and relief provided by this Order. Nothing in these provisions should be
25 construed as prohibiting a Non-Party from seeking additional protections.
26 11.2. Notification. In the event that a Party is required, by a valid discovery
27 request, to produce a Non-Party’s “CONFIDENTIAL” or “HIGHLY
28 20
1 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
2 CONFIDENTIAL – SOURCE CODE” Information in its possession, and the Party
3 is subject to an agreement with the Non-Party not to produce the Non-Party’s
4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
5 ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” Information, then the
6 Party shall:
7 (a) promptly notify in writing the Requesting Party and the Non-Party that
8 some or all of the information requested is subject to a confidentiality agreement
9 with a Non-Party;
10 (b) promptly provide the Non-Party with a copy of the Stipulated
11 Protective Order in this litigation, the relevant discovery request(s), and a
12 reasonably specific description of the information requested; and
13 (c) make the information requested available for inspection by the Non-
14 Party, if requested.
15 If the Non-Party fails to object or seek a protective order from this court
16 within 14 days of receiving the notice and accompanying information, the
17 Receiving Party may produce the Non-Party’s “CONFIDENTIAL” or “HIGHLY
18 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
19 CONFIDENTIAL – SOURCE CODE” responsive to the discovery request. If the
20 Non-Party objects or timely seeks a protective order, the Receiving Party shall not
21 produce any information in its possession or control that is subject to the
22 confidentiality agreement with the Non-Party before a determination by the court.5
23 Absent a court order to the contrary, the Non-Party shall bear the burden and
24 expense of seeking protection in this court of its Protected Material.
25
26 5 The purpose of this provision is to alert the interested Parties to the existence of
confidentiality rights of a Non-Party and to afford the Non-Party an opportunity to
27
protect its confidentiality interests in this court.
28 21
1 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
3 Protected Material to any person or in any circumstance not authorized under this
4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
5 writing the Designating Party of the unauthorized disclosures, (b) use its best
6 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
7 person or persons to whom unauthorized disclosures were made of all the terms of
8 this Order, and (d) request such person or persons to execute the “Acknowledgment
9 and Agreement to Be Bound” that is attached hereto as Exhibit A.
10 If a Receiving Party or person authorized to access Protected Material
11 (“Authorized Recipient”) discovers any loss of Protected Material or a breach of
12 security, including any actual or suspected unauthorized access, relating to another
13 party’s Protected Material, the Receiving Party or Authorized Recipient shall: (1)
14 promptly stop the unauthorized breach; (2) promptly (within 72 hours) provide
15 written notice to Designating Party of such breach, including information regarding
16 the size, scope, and impact of the breach; (3) investigate and make reasonable
17 efforts to remediate the effects of the breach; (4) provide Designating Party with
18 assurance reasonably satisfactory to the Designating Party that the breach shall not
19 recur; and (5) reasonably cooperate with the Designating Party and law
20 enforcement in investigating and responding to any such security incident. In any
21 event, the Receiving Party or Authorized Recipient shall promptly take all
22 necessary and appropriate corrective action to terminate any unauthorized access.
23 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
24 PROTECTED MATERIAL
25 When a Producing Party gives notice to Receiving Parties that certain
26 inadvertently produced material is subject to a claim of privilege or other
27 protection, the Receiving Party must promptly return or destroy the specified
28 22
1 information and any copies it has and may not sequester, use or disclose the
2 information until the claim is resolved. This includes a restriction against presenting
3 the information to the court for a determination of the claim. Pursuant to Federal
4 Rule of Evidence 502(d) and (e), production or disclosure of any documents
5 protected from discovery, including under the attorney-client privilege, work
6 product doctrine, the joint defense or common interest privilege, or any other
7 immunity from discovery granted under the Federal Rules of Evidence, Federal
8 Rules of Civil Procedure, federal common law, or any other applicable law or
9 regulation, and accompanying metadata, does not, alone, result in the waiver of any
10 privilege or protection, including subject matter waiver, associated with such
11 documents as to the Receiving Party or any Non-Party in this or in any other state
12 or federal proceeding regardless of the circumstances of the disclosure.
13 14. MISCELLANEOUS
14 14.1. Right to Further Relief. Nothing in this Order abridges the right of any
15 person to seek its modification by the court in the future.
16 14.2. Right to Assert Other Objections. By stipulating to the entry of this
17 Protective Order no Party waives any right it otherwise would have to object to
18 disclosing or producing any information or item on any ground not addressed in
19 this Stipulated Protective Order. Similarly, no Party waives any right to object on
20 any ground to use in evidence of any of the material covered by this Protective
21 Order.
22 14.3. Filing Protected Material. A Party that seeks to file under seal any
23 Protected Material must comply with Local Rule 79-5. Protected Material may only
24 be filed under seal pursuant to a court order authorizing the sealing of the specific
25 Protected Material at issue. If a Party’s request to file Protected Material under seal
26 is denied by the court, then the Receiving Party may file the information in the
27 public record unless otherwise instructed by the court.
28 23
1 14.4. Export Control. The Protected Material disclosed by the Producing
2 Party may contain technical data subject to export control laws and therefore the
3 release of such technical data to foreign persons or nationals in the United States or
4 elsewhere may be restricted. The Producing Party shall be responsible for
5 identifying any such technical data subject to export control laws so that the
6 Receiving Party can take measures necessary to ensure compliance with applicable
7 export control laws, including confirming that no unauthorized foreign person has
8 access to such technical data.
9 No Protected Material may leave the territorial boundaries of the United
10 States of America. Without limitation, this prohibition extends to Protected
11 Material (including copies) in physical and electronic form. The viewing of
12 Protected Material through electronic means outside the territorial limits of the
13 United States of America is similarly prohibited. The restrictions contained within
14 this paragraph may be amended through the express written consent of the
15 Producing Party to the extent that such agreed to procedures conform with
16 applicable export control laws and regulations. Nothing in this paragraph is
17 intended to remove any obligation that may otherwise exist to produce documents
18 currently located in a foreign country.
19 14.5. Notice. Unless expressly stated otherwise, notice under this agreement
20 shall be provided via email to all counsel of record for the Parties.
21 14.6. Use of Protected Material at Hearing or Trial. A Party shall provide a
22 minimum of two business days’ notice to the Designating Party in the event that a
23 Party intends to use any Protected Material during any hearing or trial. Subject to
24 any challenges under Section 6, the Parties will not oppose any reasonable request
25 by the Designating Party that the courtroom be sealed, if allowed by the Court,
26 during the presentation of any testimony, evidence, or argument relating to or
27 involving the use of any Protected Material.
28 24
1 14.7. No Limitation on Legal Representation. Nothing in this Order shall
2 preclude or impede Outside Counsel of Record’s ability to communicate with or
3 advise their client in connection with this litigation based on such counsel’s review
4 and evaluation of Protected Material, provided however that such communications
5 or advice shall not disclose or reveal the substance or content of any Protected
6 Material other than as permitted under this Order.
7 15. FINAL DISPOSITION
8 After the Final Disposition of this Action, as defined in Section 4, within 60
9 days of a written request by the Designating Party, each Receiving Party must
10 return all Protected Material to the Producing Party or destroy such material. As
11 used in this subdivision, “all Protected Material” includes all copies, abstracts,
12 compilations, summaries, and any other format reproducing or capturing any of the
13 Protected Material.
14 Whether the Protected Material is returned or destroyed, the Receiving Party
15 must submit a written certification to the Producing Party (and, if not the same
16 person or entity, to the Designating Party) by the 60-day deadline that (1) identifies
17 (by category, where appropriate) all the Protected Material that was returned or
18 destroyed, and (2) affirms that the Receiving Party has not retained any copies,
19 abstracts, compilations, summaries, or any other format reproducing or capturing
20 any of the Protected Material.
21 Notwithstanding this provision, Counsel is entitled to retain an archival copy of all
22 pleadings, motion papers, trial, deposition, and hearing transcripts, legal
23 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
24 work product, and consultant and expert work product, even if such materials
25 contain Protected Material. Any such archival copies that contain or constitute
26 Protected Material remain subject to this Protective Order as set forth in Section 4.
27
28 25
1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
3 || Dated: April 6, 2026 PERKINS COIE LLP
5 || LOEVY & LOEVY PERKINS COIE LLP
7 By: /s/ Tom M. Hanson By: /s/ Anna Mouw Thompson
Thomas M. Hanson, Bar No. 184465 — Nicola C. Menaldo, pro hac vice
8 || hanson@loevy.com NMenaldo@perkinscoie.com
9 David B. Owens, Bar No. 275030 Anna Mouw Thompson, pro hac vice
david@loevy.com AnnaThompson@perkinscoie.com
10 || Jon Loevy, pro hac vice Jordan C. Harris, pro hac vice
11 jon@loevy.com JordanHarris@perkinscoie.com
Mike Kanovitz, pro hac vice PERKINS COIE LLP
12 || mike@loevy.com 1301 Second Avenue, Suite 4200
3 LOEVY & LOEVY Seattle, Washington 98101-3804
311 N. Aberdeen, 3rd Floor Telephone: +1.206.359.8000
14 || Chicago, Illinois 60607 Facsimile: +1.206.359.9000
15 (312) 243-5900 (phone)
(312) 243-5902 (fax) Alisha C. Burgin, Bar No. 286269
16 ABurgin@perkinscoie.com
Interim Class Counsel PERKINS COIE LLP
17 1888 Century Park East, Suite 1700
18 Los Angeles, California 90067-1721
Telephone: +1.310.788.9900
19 Facsimile: +1.310.788.3399
20
Attorneys for Defendant Magnite, Inc.
21
22
93 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
24
DATED: April 7, 2026
25 STEPHANIE S. CHRISTENSEN
36 United States Magistrate Judge
27
28 26
QTIDITT ATION! TOY CLVTOUNITA TINAL | NIRA 9.94 axe NQAAQ □□□ □□□□□
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, _____________________________ [print or type full name], of
4
_________________ [print or type full address], declare under penalty of perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that
6
was issued by the United States District Court for the Central District of California
7
on ___ [date] in the case of Lewis et al. v. Magnite Inc., Case No. 2:25-cv-03448-
8
MWC-SSC. I agree to comply with and to be bound by all the terms of this
9
Stipulated Protective Order, and I understand and acknowledge that failure to
10
comply could expose me to sanctions and punishment in the nature of contempt. I
11
solemnly promise that I will not disclose in any manner any information or item
12
that is subject to this Stipulated Protective Order to any person or entity except in
13
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.
18
I hereby appoint __________________________ [print or type full name] of
19
_______________________________________ [print or type full address and
20
telephone number] as my California agent for service of process in connection with
21
this action or any proceedings related to enforcement of this Stipulated Protective
22
Order.
23
To be completed by Experts and all persons working with or for an Expert:
24
___ I am not currently employed by a Party to this Action.
25
___ To the best of my knowledge, I am not currently employed by a Party’s
26
competitor and do not anticipate becoming an employee of a Party or a Party’s
27
competitor.
28
1
Date:
2
___________________________________
3
City and State where sworn and signed:
4
___________________________________
5
Printed name:
6
___________________________________
7
Signature:
8
___________________________________
9
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