The opinion
1 Edward M. Anderson (SBN 198183)
edward@andersonyehlaw.com
2 Regina Yeh (SBN 266019)
regina@andersonyehlaw.com
3
ANDERSON YEH PC
4 1055 E. Colorado Blvd. Ste 500
Pasadena, California 91106
5 Tel: (626) 204-4092 / Fax: (888) 744-0317
6 Attorneys for Plaintiff Alcon Entertainment, LLC
7
Arwen R. Johnson (SBN 247583)
8 Arwen.Johnson@kslaw.com
Lennette W. Lee (SBN 263023)
9 Llee@kslaw.com
KING & SPALDING LLP
10 633 West Fifth Street, Suite 1600
Los Angeles, California 90071
11
Tel: (213) 443-4355 / Fax: (213) 443-4310
12
Attorneys for Defendants Tesla, Inc. and Elon Musk
13
Additional counsel listed on following page
14
15
UNITED STATES DISTRICT COURT
16
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
17
ALCON ENTERTAINMENT, LLC, Case No. 2:24-cv-09033-GW-RAO
18
a Delaware Limited Liability Company,
19 STIPULATED [PROPOSED]
Plaintiff,
PROTECTIVE ORDER1
20
v.
21 District Judge: George H. Wu
22 TESLA, INC., a Texas Corporation;
ELON MUSK, an individual; Magistrate Judge: Rozella A. Oliver
23 WARNER BROS. DISCOVERY, INC.,
a Delaware Corporation,
24
25
Defendants.
26
27
1
Matthew T. Kline (SBN 211640)
2 mkline@omm.com
Cassandra L. Seto (SBN 246608)
3 cseto@omm.com
O’MELVENY & MYERS LLP
4 1999 Avenue of the Stars, 8th Floor
Los Angeles, California 90067
5
Tel: (310) 553-6700 / Fax: (310) 246-6779
6
Attorneys for Defendant Warner Bros. Discovery, Inc.
7
James W. Irey (SBN 150640)
8
jirey@yukelaw.com
9 Hassan Elrakabawy (SBN 248146)
helrakabawy@yukelaw.com
10
Celeste S. Del Rio (SBN 275969)
11 cdel_rio@yukelaw.com
YUKEVICH CAVANAUGH
12
355 South Grand Avenue, 15th Floor
13 Los Angeles, CA 90071
Tel: (213) 362-7777/ Fax: (213) 362-7788
14
15 Additional Attorneys for Plaintiff Alcon Entertainment, LLC
16
A. Louis Dorny (SBN 212054)
17 ldorny@tesla.com
Terry W. Ahearn (SBN 216543)
18 tahearn@tesla.com
Helen Trac (SBN 285824)
19 htrac@tesla.com
David Lee (SBN 264467)
20 dlee@tesla.com
TESLA, INC.
21
1501 Page Mill Building 6U
22 Palo Alto, CA 94304
Tel: (510) 298-8516
23
24 Additional Attorneys for Defendants Tesla, Inc. and Elon Musk
25
26
27
1 1. A. PURPOSES AND LIMITATIONS
2 Discovery in this Action is likely to involve production of confidential,
3 proprietary or private information for which special protection from public
4 disclosure and from use for any purpose other than prosecuting this Action may be
5 warranted. Accordingly, the Parties hereby stipulate to and petition the Court to
6 enter the following Stipulated Protective Order (“Order”). The Parties acknowledge
7 that this Order does not confer blanket protections on all disclosures or responses to
8 discovery and that the protection it affords from public disclosure and use extends
9 only to the limited information or items that are entitled to confidential treatment
10 under the applicable legal principles.
11 B. GOOD CAUSE STATEMENT
12 This Action is likely to involve highly sensitive commercial, financial,
13 strategic, personal, or other confidential or proprietary information for which special
14 protection from public disclosure and from use for any purpose other than
15 prosecution of this Action is warranted. The Parties anticipate that such confidential
16 and proprietary materials and information may include, among other things:
17 confidential business and financial information; confidential licensing and
18 distribution agreements; confidential business communications, including those
19 concerning commercially sensitive licensing negotiations and/or intellectual
20 property rights; confidential marketing strategies and event-production materials;
21 information regarding confidential and proprietary business practices, trade secrets,
22 or other non-public commercial information which is commercially sensitive at a
23 level warranting confidentiality protection under a protective order; third-party
24 information implicating privacy rights and/or subject to contractual confidentiality
25 obligations; and information which may be privileged or otherwise protected from
26 disclosure under state or federal statutes, court rules, case decisions, or common
27 law. These materials are not publicly available and are maintained in confidence in
1 the ordinary course of business. The disclosure of such information outside the
2 confines of this Action could result in competitive harm, impairment of business
3 relationships, invasion of privacy interests, or violation of existing confidentiality
4 agreements.
5 Accordingly, to expedite the flow of information, to facilitate the prompt
6 resolution of disputes over confidentiality of discovery materials, to adequately
7 protect information the Parties are entitled to keep confidential, to ensure that the
8 Parties are permitted reasonably necessary uses of such materials in preparation for
9 and in the conduct of trial, to address their handling at the end of this Action, and to
10 serve the ends of justice, a protective order for such information is justified in this
11 Action. It is the intent of the Parties that information will not be designated as
12 confidential for tactical reasons and that nothing will be so designated without a
13 good faith belief that it has been maintained in a confidential, non-public manner,
14 and there is good cause why it should not be part of the public record of this case.
15 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
16 The Parties further acknowledge, as set forth in Section 12.4, below, that this
17 Order does not entitle them to file confidential information under seal; Local Civil
18 Rule 79-5 sets forth the procedures that must be followed and the standards that will
19 be applied when a Party seeks permission from the court to file material under seal.
20 There is a strong presumption that the public has a right of access to judicial
21 proceedings and records in civil cases. In connection with non-dispositive motions,
22 good cause must be shown to support a filing under seal. See Kamakana v. City and
23 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors
24 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics,
25 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
26 require good cause showing), and a specific showing of good cause or compelling
27 reasons with proper evidentiary support and legal justification, must be made with
1 respect to Protected Material that a Party seeks to file under seal. The Parties’ mere
2 designation of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY
3 CONFIDENTIAL – ATTORNEYS’ EYES ONLY does not—without the
4 submission of competent evidence by declaration, establishing that the material
5 sought to be filed under seal qualifies as confidential, privileged, or otherwise
6 protectable—constitute good cause.
7 Further, if a Party requests sealing related to a dispositive motion or trial, then
8 compelling reasons, not only good cause, for the sealing must be shown, and the
9 relief sought shall be narrowly tailored to serve the specific interest to be protected.
10 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
11 each item or type of information, document, or thing sought to be filed or introduced
12 under seal in connection with a dispositive motion or trial, the Party seeking
13 protection must articulate compelling reasons, supported by specific facts and legal
14 justification, for the requested sealing order. Again, competent evidence supporting
15 the application to file documents under seal must be provided by declaration.
16 Any document that is not confidential, privileged, or otherwise protectable in
17 its entirety will not be filed under seal if the confidential portions can be redacted.
18 If documents can be redacted, then a redacted version for public viewing, omitting
19 only the confidential, privileged, or otherwise protectable portions of the document
20 shall be filed. Any application that seeks to file documents under seal in their
21 entirety should include an explanation of why redaction is not feasible.
22 2. DEFINITIONS
23 2.1 Action: Alcon Entertainment, LLC v. Tesla, Inc., Elon Musk, and
24 Warner Bros. Discovery, Inc., No. 2:24-cv-09033-GW-RAO (C.D. Cal.).
25 2.2 Challenging Party: a Party or Non-Party that challenges the
26 designation of information or items under this Order.
27 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
1 how it is generated, stored or maintained) or tangible things that qualify for
2 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
3 the Good Cause Statement.
4 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
5 their support staff).
6 2.5 Designating Party: a Party or Non-Party that designates information or
7 items that it produces in disclosures or in responses to discovery as
8 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
9 ONLY.”
10 2.6 Disclosure or Discovery Material: all items or information, regardless
11 of the medium or manner in which it is generated, stored, or maintained (including,
12 among other things, testimony, transcripts, and tangible things) that are produced or
13 generated in disclosures or responses to discovery in this Action.
14 2.7 Expert: a person with specialized knowledge or experience in a matter
15 pertinent to the litigation who has been retained by a Party or its Counsel to serve as
16 an expert witness or as a consultant in this Action.
17 2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
18 Information or Items: extremely sensitive “Confidential Information or Items,”
19 disclosure of which to another Party or Non-Party would create a substantial risk of
20 serious harm that could not be avoided by less restrictive means.
21 2.9 House Counsel: attorneys who are employees of a Party to this Action
22 and contract attorneys, secondees, and other attorneys or legal professionals working
23 under the supervision or direction of attorneys who are employees of a Party to this
24 Action or any of its subsidiaries. House Counsel does not include Outside Counsel
25 of Record or any other outside counsel.
26 2.10 House Counsel of Record: attorneys who are employees of a Party to
27 this Action, have no involvement in competitive decision-making, and who
1 represent or advise a Party to this Action and have appeared in this Action on behalf
2 of that Party. House Counsel of Record does not include Outside Counsel of Record
3 or any other outside counsel.
4 2.11 Non-Party: any natural person, partnership, corporation, association or
5 other legal entity not named as a Party to this Action.
6 2.12 Outside Counsel of Record: attorneys who are not employees of a
7 Party to this Action but are retained to represent or advise a Party to this Action and
8 have appeared in this Action on behalf of that Party.
9 2.13 Party: any party to this Action, including all of its officers, directors,
10 employees, consultants, retained experts, and Outside Counsel of Record (and their
11 support staffs).
12 2.14 Producing Party: a Party or Non-Party that produces Disclosure or
13 Discovery Material in this Action.
14 2.15 Professional Vendors: persons or entities that provide litigation
15 support services (e.g., photocopying, videotaping, graphics or design services,
16 document imaging and database services, translating, preparing exhibits or
17 demonstrations, and organizing, storing, or retrieving data in any form or medium)
18 and their employees and subcontractors.
19 2.16 Protected Material: any Disclosure or Discovery Material that is
20 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
21 ATTORNEYS’ EYES ONLY.”
22 2.17 Receiving Party: a Party that receives Disclosure or Discovery
23 Material from a Producing Party.
24 3. SCOPE
25 The protections conferred by this Order cover not only Protected Material (as
26 defined above), but also (1) any information copied or extracted from Protected
27 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;
1 and (3) any testimony, conversations, or presentations by the Parties or their
2 Counsel that might reveal Protected Material. However, the protections conferred by
3 this Order do not cover the following information: (a) any information that is in the
4 public domain at the time of disclosure to a Receiving Party or becomes part of the
5 public domain after its disclosure to a Receiving Party as a result of publication not
6 involving a violation of this Order, including becoming part of the public record
7 through trial or otherwise; and (b) any information known to the Receiving Party
8 prior to the disclosure or obtained by the Receiving Party after the disclosure from a
9 source who obtained the information lawfully and is under no obligation of
10 confidentiality to the Designating Party.
11 Any use of Protected Material at trial shall be governed by the orders of the
12 trial judge. This Order does not govern the use of Protected Material at trial.
13 4. DURATION
14 Once a case proceeds to trial, information that was designated as
15 CONFIDENTIAL or HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY or
16 otherwise maintained pursuant to this protective order used or introduced as an
17 exhibit at trial becomes public and will be presumptively available to all members of
18 the public, including the press, unless compelling reasons supported by specific
19 factual findings to proceed otherwise are made to the trial judge in advance of the
20 trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for
21 sealing documents produced in discovery from “compelling reasons” standard when
22 merits related documents are part of court record). Accordingly, the terms of this
23 protective order do not extend beyond the commencement of the trial.
24 After final disposition of this Action, the confidentiality obligations imposed
25 by this Order shall remain in effect until a Designating Party agrees otherwise in
26 writing or a court order otherwise directs. Final disposition shall be deemed to be
27 the later of (1) dismissal of all claims and defenses in this Action, with or without
1 prejudice; and (2) final judgment herein after the completion and exhaustion of all
2 appeals, rehearings, remands, trials, or reviews of this Action, including the time
3 limits for filing any motions or applications for extension of time pursuant to
4 applicable law.
5 5. DESIGNATING PROTECTED MATERIAL
6 5.1 Exercise of Restraint and Care in Designating Material for Protection.
7 Each Party or Non-Party that designates information or items for protection under
8 this Order must take care to limit any such designation to specific material that
9 qualifies under the appropriate standards. The Designating Party must designate for
10 protection only those parts of material, documents, items or oral or written
11 communications that qualify so that other portions of the material, documents, items
12 or communications for which protection is not warranted are not swept unjustifiably
13 within the ambit of this Order.
14 Mass, indiscriminate or routinized designations are prohibited. Designations
15 that are shown to be clearly unjustified or that have been made for an improper
16 purpose (e.g., to unnecessarily encumber the case development process or to impose
17 unnecessary expenses and burdens on other Parties) may expose the Designating
18 Party to sanctions.
19 If it comes to a Designating Party’s attention that information or items that it
20 designated for protection do not qualify for protection, that Designating Party must
21 promptly notify all other Parties that it is withdrawing the inapplicable designation.
22 5.2 Manner and Timing of Designations. Except as otherwise provided in
23 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise
24 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
25 under this Order must be clearly so designated before the material is disclosed or
26 produced.
27 Designation in conformity with this Order requires:
1 (a) for information in documentary form (e.g., paper or electronic
2 documents, but excluding transcripts of depositions or other pretrial or trial
3 proceedings), that the Producing Party affix at a minimum, the legend
4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
5 ONLY,” to each page that contains Protected Material. If only a portion of the
6 material on a page qualifies for protection, the Producing Party also must clearly
7 identify the protected portion(s) (e.g., by making appropriate markings in the
8 margins).
9 A Party or Non-Party that makes original documents available for inspection
10 need not designate them for protection until after the inspecting Party has indicated
11 which documents it would like copied and produced. During the inspection and
12 before the designation, all of the material made available for inspection shall be
13 deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the
14 inspecting Party has identified the documents it wants copied and produced, the
15 Producing Party must determine which documents, or portions thereof, qualify for
16 protection under this Order. Then, before producing the specified documents, the
17 Producing Party must affix the appropriate legend (“CONFIDENTIAL” or
18 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each page that
19 contains Protected Material. If only a portion of the material on a page qualifies for
20 protection, the Producing Party also must clearly identify the protected portion(s)
21 (e.g., by making appropriate markings in the margins).
22 (b) for testimony given in deposition or in other pretrial or trial
23 proceedings, that the Designating Party identify on the record, before the close of
24 the deposition, hearing, or other proceeding, all protected testimony and specify the
25 level of protection being asserted. When it is impractical to identify separately each
26 portion of testimony that is entitled to protection and it appears that substantial
27 portions of the testimony may qualify for protection, the Designating Party may
1 invoke on the record (before the deposition, hearing, or other proceeding is
2 concluded) a right to have up to fourteen (14) days,from the first date that the
3 Designating Party has notice that the final transcript is available, to identify the
4 specific portions of the testimony as to which protection is sought and to specify the
5 level of protection being asserted. Only those portions of the testimony that are
6 appropriately designated for protection within the fourteen (14) days from the first
7 date that the Designating Party has notice that the final transcript is available shall
8 be covered by the provisions of this Order. Alternatively, a Designating Party may
9 specify, at the deposition or up to fourteen (14) days from the first date that the
10 Designating Party has notice that the final transcript is available, if that period is
11 properly invoked, that the entire transcript shall be treated as “CONFIDENTIAL” or
12 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
13 Parties shall give the other Parties notice if they reasonably expect a
14 deposition, hearing, or other proceeding to include Protected Material so that the
15 other Parties can ensure that only authorized individuals who have signed the
16 “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present for the
17 portions of such proceedings in which protected material is used in a manner that
18 exposes Protected Material to persons present at such proceedings, other than a
19 deponent for whom there has been compliance with the provisions of this order
20 applicable to disclosure of Protected Material to deponents. The use of a document
21 as an exhibit at a deposition shall not in any way affect its designation as
22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
23 ONLY.”
24 Transcripts containing Protected Material shall have an obvious legend on the
25 title page that the transcript contains Protected Material, and the title page shall be
26 followed by a list of all pages (including line numbers as appropriate) that have been
27 designated as Protected Material and the level of protection being asserted by the
1 Designating Party. The Designating Party shall inform the court reporter of these
2 requirements. Any rough, draft, or unofficial transcript that is prepared before the
3 expiration of a fourteen (14) day period for designation as set forth in Section 5.2(b)
4 herein shall be treated during that period as if it had been designated “HIGHLY
5 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless otherwise
6 agreed. After the expiration of that period, the transcript shall be treated only as
7 actually designated.
8 (c) for information contained in written discovery responses, the responses
9 may be designated as containing “CONFIDENTIAL” or “HIGHLY
10 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information by means of a
11 statement in a reasonable place associated with each response that contains such
12 information specifying the level of designation of the Protected Material and by
13 placing a legend on the front page of such discovery responses stating:
14 “CONTAINS CONFIDENTIAL INFORMATION” or “CONTAINS HIGHLY
15 CONFIDENTIAL – ATTORNEYS’ EYES ONLY INFORMATION.” If only a
16 portion or portions of the information or item warrant protection, the Producing
17 Party, to the extent practicable, shall identify the protected portion(s) and specify the
18 level of protection being asserted for each protected portion.
19 (d) for information produced in some form other than documentary and
20 for any other tangible items, that the Producing Party affix in a prominent place on
21 the exterior of the container or containers in which the information is stored the
22 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
23 EYES ONLY.” If only a portion or portions of the information or item warrants
24 protection, the Producing Party, to the extent practicable, shall identify the protected
25 portion(s).
26 5.3 Inadvertent Failures to Designate. An inadvertent failure to designate
27 qualified information or items does not, standing alone, waive the Designating
1 Party’s right to secure protection under this Order for such material. If any
2 Producing Party inadvertently produces or discloses any “CONFIDENTIAL” or
3 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information or item
4 without marking it with an appropriate legend, the Producing Party or a Designating
5 Party that discovers the inadvertent failure to designate shall promptly notify the
6 Receiving Party that the information or item should be treated in accordance with
7 the terms of this Order, and forward a substitute copy of the information or item
8 stamped with an appropriate legend. Upon correction of a designation, the
9 Receiving Party must make reasonable efforts to assure that the material is treated in
10 accordance with the provisions of this Order, which may require, to the extent
11 reasonably practicable, a Party to withdraw access to Protected Material that was
12 given to a person who is not authorized to have access under the new designation. In
13 addition, within five (5) days of the receipt of the substitute copy, the Receiving
14 Party shall return the previously unmarked items and all copies thereof or confirm
15 that they have been destroyed or, if electronically stored information, permanently
16 deleted.
17 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
18 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
19 designation of confidentiality at any time that is consistent with the Court’s
20 Scheduling Order. Unless a prompt challenge to a Designating Party’s
21 confidentiality designation is necessary to avoid foreseeable, substantial unfairness,
22 unnecessary economic burdens, or a significant disruption or delay of this Action, a
23 Party does not waive its right to challenge a confidentiality designation by electing
24 not to mount a challenge promptly after the original designation is disclosed.
25 6.2 Meet and Confer. The provisions of this section shall be deemed to
26 replace and satisfy the meet and confer requirements of Local Rule 37-1 with
27 respect to challenges under Section 6 of this Order. The Challenging Party shall
1 initiate the dispute resolution process by providing written notice of each
2 designation it is challenging and describing the basis for each challenge, which
3 notice may be transmitted by email. To avoid ambiguity as to whether a challenge
4 has been made, the written notice must recite that the challenge to confidentiality is
5 being made in accordance with this specific section of the Order. The Parties shall
6 attempt to resolve each challenge in good faith and must confer directly (in voice-to-
7 voice dialogue; other forms of communication are not sufficient) within seven (7)
8 days of the date of service of notice. In the notice, the Challenging Party must
9 explain the basis for its belief that the confidentiality designation was not proper,
10 with sufficient information to allow the Designating Party an opportunity to review
11 the designated material, to reconsider the circumstances, and, if no change in
12 designation is offered, to explain the basis for the chosen designation during the
13 meet and confer process. A Challenging Party may proceed to the next stage of the
14 challenge process only if it has engaged in this meet and confer process first or
15 establishes that the Designating Party is unwilling to participate in the meet and
16 confer process in a timely manner, or if a Challenging Party is relieved of the meet
17 and confer process by written order of the Court upon good cause shown.
18 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without
19 court intervention, they shall comply with either the Informal Discovery Dispute
20 Resolution procedure outlined in Judge Oliver’s Procedures (“IDDR”) prior to filing
21 any discovery motion, or the discovery motion procedures of L.R. 37-1, et seq., with
22 the Parties to give preference to using the IDDR if such use will not prejudice any
23 Party’s ability to prosecute the Action under the Scheduling Order. The burden of
24 persuasion in any such challenge proceeding shall be on the Designating Party.
25 Frivolous challenges and those made for an improper purpose (e.g., to harass or
26 impose unnecessary expenses and burdens on other Parties) may expose the
27 Challenging Party to sanctions. Unless the Designating Party has withdrawn the
1 confidentiality designation or waived 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 Action only for prosecuting, defending or attempting to settle this Action. Such
9 Protected Material may be disclosed only to the categories of persons and under the
10 conditions described in this Order. When the Action has been terminated, a
11 Receiving Party must comply with the provisions of Section 13 below (FINAL
12 DISPOSITION).
13 Protected Material must be stored and maintained by a Receiving Party at a
14 location and in a secure manner that ensures that access is limited to the persons
15 authorized under this Order.
16 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
17 otherwise ordered by the Court or permitted in writing by the Designating Party, a
18 Receiving Party may disclose any information or item designated
19 “CONFIDENTIAL” only to:
20 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
21 as employees and support staff of said Outside Counsel of Record to whom it is
22 reasonably necessary to disclose the information for this Action;
23 (b) the Receiving Party’s House Counsel of Record in this Action;
24 (c) the Receiving Party’s House Counsel to whom disclosure is reasonably
25 necessary for this Action and who have signed the “Acknowledgment and
26 Agreement to Be Bound” that is attached hereto as Exhibit A;
27 (d) the officers, directors, and employees of the Receiving Party or any
1 one of its subsidiaries to whom disclosure is reasonably necessary for this Action
2 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
3 A);
4 (e) Experts (as defined in this Order) of the Receiving Party to whom
5 disclosure is reasonably necessary for this Action and who have signed the
6 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
7 (f) the Court and its personnel;
8 (g) court reporters, videographers, and their staff and who have signed the
9 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
10 (h) professional jury or trial consultants, mock jurors, and Professional
11 Vendors to whom disclosure is reasonably necessary for this Action and who have
12 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
13 (i) the author or recipient of a document containing the information or a
14 custodian or other person who otherwise possessed or knew the information;
15 (j) employees of a Party or any of its subsidiaries who reasonably need
16 such information in order to preserve and collect Disclosure or Discovery Material;
17 (k) during their depositions, witnesses, and attorneys for witnesses, in the
18 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
19 requests that the witness sign the form attached as Exhibit A hereto; and (2) they
20 will not be permitted to keep any confidential information unless they sign the
21 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
22 agreed by the Designating Party or ordered by the court. Pages of transcribed
23 deposition testimony or exhibits to depositions that reveal Protected Material may
24 be separately bound by the court reporter and may not be disclosed to anyone except
25 as permitted under this Stipulated Protective Order; and
26 (l) any mediator or settlement officer, and their supporting personnel,
27 mutually agreed upon by any of the Parties engaged in settlement discussions and
1 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
2 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
3 ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in
4 writing by the Designating Party, a Receiving Party may disclose any information or
5 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only
6 to:
7 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
8 as employees and support staff of said Outside Counsel of Record to whom it is
9 reasonably necessary to disclose the information for this Action;
10 (b) the Receiving Party’s House Counsel of Record in this Action;
11 (c) for each Receiving Party, designated House Counsel (who are not
12 House Counsel of Record) to whom disclosure is reasonably necessary for this
13 Action and who have signed the “Acknowledgment and Agreement to Be Bound”
14 (Exhibit A), which shall mean Adam Phillips and Wayne Smith for WBDI, David
15 Lee for Tesla and Elon Musk, and Jeannette Hill for Alcon, as well as later-
16 designated House Counsel (i.e., those not named herein) (i) to whom disclosure is
17 reasonably necessary for this Action, (ii) who have signed the “Acknowledgement
18 and Agreement to Be Bound” (Exhibit A), (iii) to whom the procedures set forth in
19 Section 7.4(a), below, have been followed, and (iv) who are identified by name in
20 writing to the other Parties to this Order as House Counsel.
21 (d) Experts of the Receiving Party (i) to whom disclosure is reasonably
22 necessary for this Action, (ii) who have signed the “Acknowledgment and
23 Agreement to Be Bound” (Exhibit A), and (iii) as to whom the procedures set forth
24 in Section 7.4(b)-(d), below, have been followed;
25 (e) the Court and its personnel;
26 (f) court reporters, videographers, and their staff who have signed the
27 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
1 (g) professional jury or trial consultants and Professional Vendors retained
2 by Counsel to whom disclosure is reasonably necessary for this Action and who
3 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
4 (h) during their depositions, witnesses, and attorneys for witnesses, in the
5 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
6 requests that the witness sign the form attached as Exhibit A hereto; and (2) they
7 will not be permitted to keep any confidential information unless they sign the
8 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
9 agreed by the Designating Party or ordered by the court. Pages of transcribed
10 deposition testimony or exhibits to depositions that reveal Protected Material may
11 be separately bound by the court reporter and may not be disclosed to anyone except
12 as permitted under this Stipulated Protective Order; and
13 (i) any mediator or settlement officer, and their supporting personnel,
14 mutually agreed upon by any of the Parties engaged in settlement discussions and
15 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
16 (j) the author of a document containing the information; and
17 (k) employees of a Party or any of its subsidiaries who reasonably need
18 such information in order to preserve and collect Disclosure or Discovery Material.
19 7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY
20 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to Experts
21 and House Counsel.
22 (a) Unless otherwise ordered by the Court or agreed to in writing by the
23 Designating Party, and except for the House Counsel already designated in Section
24 7.3(c), a Receiving Party that seeks to designate additional House Counsel to view
25 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information or items
26 pursuant to Section 7.3(c) first must make a written request to the Designating Party
27 that includes the full name and title of the additional House Counsel. Within three
1 (3) business days following such written request, the Parties receiving such request
2 will advise in writing whether they object to that House Counsel’s receipt of
3 “HIGHLY CONFIDENTIAL– ATTORNEYS’ EYES ONLY” information or items
4 and set forth in detail the basis for the objection, if any. Within two (2) business
5 days of the Receiving Party’s receipt of an objection, the Parties shall hold a
6 telephone conference to determine whether they can agree on terms relating to
7 whether and how the Receiving Party can disclose “HIGHLY CONFIDENTIAL –
8 ATTORNEYS’ EYES ONLY” information and items to the House Counsel. If the
9 Parties are still in disagreement regarding the matter, the Parties shall comply with
10 the Informal Discovery Dispute Resolution Procedure outlined in Judge Oliver’s
11 Procedures. In any such proceeding, the Designating Party that objects to the
12 disclosure shall bear the burden of proving that the risk of harm that disclosure
13 would entail (under any safeguards proposed) outweighs the Receiving Party’s need
14 to disclose the Protected Material to the House Counsel in question.
15 (b) Unless otherwise ordered by the Court or agreed to in writing by the
16 Designating Party, a Party that seeks to disclose to an Expert (as defined in this
17 Order) any information or item that has been designated “HIGHLY
18 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to Section 7.3(c) first
19 must make a written request to the Designating Party that (i) identifies the general
20 categories of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
21 information that the Receiving Party seeks permission to disclose to the Expert, (ii)
22 sets forth the full name of the Expert and the city and state of his or her primary
23 residence, (iii) attaches a copy of the Expert’s current resume, and (iv) identifies the
24 Expert’s current employer(s).
25 (c) A Party that makes a request and provides the information specified in the
26 preceding subsection (a) may disclose the subject Protected Material to the
27 identified Expert unless, within three (3) business days of delivering the request, the
1 Party receives a written objection from the Designating Party. Any such objection
2 must set forth in detail the grounds on which it is based.
3 (d) A Party that receives a timely written objection must meet and confer with
4 the Designating Party (through direct voice-to-voice dialogue) to try to resolve the
5 matter by agreement within three (3) business days of the written objection. If no
6 agreement is reached, the Parties shall comply with either the IDDR procedures or
7 the discovery motion procedures of L.R. 37-1, et seq., (except that the meet and
8 confer procedures in this section shall be deemed to satisfy the requirements of L.R.
9 37-1 specifically) with the Parties to give preference to using the IDDR if such use
10 will not prejudice any Party’s ability to prosecute the Action under the Scheduling
11 Order. In any such proceeding, the Designating Party that objects to the disclosure
12 shall bear the burden of proving that the risk of harm that the disclosure would entail
13 (under any safeguards proposed) outweighs the Receiving Party’s need to disclose
14 the Protected Material to its Expert.
15 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
16 IN OTHER LITIGATION
17 If a Party is served with a subpoena or a court order issued in other litigation
18 that compels disclosure of any information or items designated in this Action as
19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
20 ONLY” that Party must:
21 (a) promptly notify in writing the Designating Party. Such notification
22 shall 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
25 subpoena or order is subject to this Protective Order. Such notification shall include
26 a copy of this Order; and
27 (c) cooperate with respect to all reasonable procedures sought to be
1 pursued by the Designating Party whose Protected Material may be affected.
2 If the Designating Party timely seeks a protective order, the Party served with
3 the subpoena or court order shall not produce any information designated in this
4 Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
5 EYES ONLY” before a determination by the court from which the subpoena or
6 order issued, unless the Party has obtained the Designating Party’s permission. The
7 Designating Party shall bear the burden and expense of seeking protection in that
8 court of its confidential material and nothing in these provisions should be construed
9 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful
10 directive from another court.
11 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
12 PRODUCED IN THIS ACTION
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 – ATTORNEYS’ EYES ONLY.” Such information produced by
16 Non-Parties in connection with this Action is protected by the remedies and relief
17 provided by this Order. Nothing in these provisions should be construed as
18 prohibiting a Non-Party from seeking 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 shall:
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
25 agreement with the Non-Party;
26 (2) promptly provide the Non-Party with a copy of this Order, the
27 relevant discovery request(s), and a reasonably specific description of the
1 information requested; and
2 (3) make the information requested available for inspection by the
3 Non-Party, if requested.
4 (c) If the Non-Party fails to seek a protective order from this Court within
5 fourteen (14) days of receiving the notice and accompanying information, the
6 Receiving Party may produce the Non-Party’s confidential information responsive
7 to the discovery request. If the Non-Party timely seeks a protective order, the
8 Receiving Party shall not produce any information in its possession or control that is
9 subject to the confidentiality agreement with the Non-Party before a determination
10 by the Court. Absent a court order to the contrary, the Non-Party shall bear the
11 burden and expense of seeking protection in this court of its Protected Material.
12 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
14 Protected Material to any person or in any circumstance not authorized under this
15 Order, the Receiving Party must immediately (a) notify in writing the Designating
16 Party of the unauthorized disclosure(s), (b) use its best efforts to retrieve all
17 unauthorized copies of the Protected Material, (c) inform the person or persons to
18 whom unauthorized disclosures were made of all the terms of this Order, and (d)
19 request such person or persons to execute the “Acknowledgment and Agreement to
20 Be Bound” that is attached hereto as Exhibit A.
21
22 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
23 PROTECTED MATERIAL
24 When a Producing Party gives notice to Receiving Parties that certain
25 material it produced inadvertently is subject to a claim of privilege or other
26 protection, the obligations of the Receiving Parties are those set forth in Federal
27 Rule of Civil Procedure 26(b)(5)(B). The Parties and Court will enter a separate
1 Order under Federal Rule of Evidence 502(d) that governs the production of
2 documents protected from discovery.
3 12. MISCELLANEOUS
4 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
5 person to seek its modification by the Court in the future.
6 12.2 Right to Assert Other Objections. By stipulating to the entry of this
7 Protective Order, no Party waives any right it otherwise would have to object to
8 disclosing or producing any information or item on any ground not addressed in this
9 Order. Similarly, no Party waives any right to object on any ground to use in
10 evidence of any of the material covered by this Order.
11 12.3 Export Control. The Protected Material disclosed by the Producing
12 Party may contain technical data subject to export control laws and therefore the
13 release of such technical data to foreign persons or nationals in the United States or
14 elsewhere may be restricted. The Producing Party shall be responsible for
15 identifying any such technical data subject to export control laws so that the
16 Receiving Party can take measures necessary to ensure compliance with applicable
17 export control laws, including confirming that no unauthorized foreign person has
18 access to such technical data.
19 No Protected Material subject to export control laws may leave the territorial
20 boundaries of the United States of America. This prohibition extends to Protected
21 Material (including copies) subject to export control laws in physical and electronic
22 form. The viewing of Protected Material subject to export control laws through
23 electronic means outside the territorial limits of the United States of America is
24 similarly prohibited. The restrictions contained within this section may be amended
25 through the express written consent of the Producing Party to the extent that such
26 agreed to procedures conform with applicable export control laws and regulations.
27 Nothing in this section is intended to remove any obligation that may otherwise
1 exist to produce documents currently located in a foreign country.
2 12.4 Filing Protected Material. Without written permission from the
3 Designating Party or a court order secured after appropriate notice to all interested
4 persons, a Party may not file in the public record in this Action any Protected
5 Material. A Party that seeks to file Protected Material with the Court in this Action
6 shall comply with the procedures set forth in Local Civil Rule 79-5.2.2. A Party that
7 seeks to file under seal any Protected Material must also otherwise comply with
8 Local Civil Rule 79-5. Protected Material may only be filed under seal pursuant to a
9 court order authorizing the sealing of the specific Protected Material at issue. If a
10 Party’s request to file Protected Material under seal is denied by the Court, then the
11 Receiving Party may file the information in the public record unless otherwise
12 instructed by the court.
13 12.5 GenAI. The Receiving Party, may not, under any circumstances,
14 upload to, share with, or otherwise use Protected Material on any generative
15 artificial intelligence (GenAI) or large language model (LLM) tools or platforms
16 including any third-party, public or internal tools whatsoever.
17 Notwithstanding the foregoing, if a Receiving Party determines to use a
18 litigation, discovery, or case management tool that utilizes a closed Generative AI or
19 LLM (i.e., one that does not share outside the tool data beyond the individual
20 instance of the platform on which the underlying document resides), it must notify
21 the Producing Party in advance of such use. The Receiving Party must specify the
22 name of the vendor, the name and version of the tool to be used as well as any
23 technical specifications provided by the vendor confirming that the tool uses a
24 closed Generative AI or LLM and describing the tool’s functionality, security, and
25 data exposure (the “AI Disclosures”). Further, the Receiving Party must be able to
26 delete the Protected Material from these systems at the resolution of the matter. To
27 the extent Receiving Party is contractually prohibited from providing such
1 information in the AI Disclosures, the Parties shall meet and confer in good faith
2 regarding those limitations. The Producing Party shall have five (5) calendar days
3 from its receipt of the AI Disclosures to inform the Receiving Party of any objection
4 and the bases therefore, and ten (10) calendar days from the receipt of the AI
5 Disclosures and information to file any objection to the disclosure. If disputed, the
6 Protected Material cannot be submitted to the Generative AI or LLM until the
7 dispute is resolved by the Court. Under no circumstances may the Protected
8 Material be shared with an open or public Generative AI or LLM.
9 13. FINAL DISPOSITION
10 After the final disposition of this Action, as defined in Section 4, within sixty
11 (60) days of a written request by the Designating Party, each Receiving Party must
12 return all Protected Material to the Producing Party or destroy such material. As
13 used in this subdivision, “all Protected Material” includes all copies, abstracts,
14 compilations, summaries, and any other format reproducing or capturing any of the
15 Protected Material. Whether the Protected Material is returned or destroyed, the
16 Receiving Party must submit a written certification to the Producing Party (and, if
17 not the same person or entity, to the Designating Party) by the sixty (60) day
18 deadline that (1) identifies (by category, where appropriate) all the Protected
19 Material that was returned or destroyed and (2) affirms that the Receiving Party has
20 not retained any copies, abstracts, compilations, summaries or any other format
21 reproducing or capturing any of the Protected Material. Notwithstanding this
22 provision, Counsel are entitled to retain an archival copy of all pleadings, motion
23 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
24 deposition and trial exhibits, expert reports, attorney work product, and consultant
25 and expert work product, even if such materials contain Protected Material. Any
26 such archival copies that contain or constitute Protected Material remain subject to
27 this Protective Order as set forth in Section 4 (DURATION).
1
2 14. VIOLATION
3 Any violation of this Order may be punished by appropriate measures
4 including, without limitation, contempt proceedings and/or monetary sanctions.
5
6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
7
8 Dated: May 14, 2026 ANDERSON YEH PC
Edward M. Anderson
9 Regina Yeh
10
/s/ Edward M. Anderson
11 Edward M. Anderson
Attorneys for Plaintiff
12 Alcon Entertainment, LLC
13
14 Dated: May 14, 2026 KING & SPALDING LLP
Arwen Johnson
15 Lennette Lee
16
/s/ Arwen Johhnson
17 Arwen Johnson
18 Counsel for Defendants
Tesla, Inc. and Elon Musk.
19
20 Dated: May 14, 2026 O’MELVENY & MYERS LLP.
Matthew T. Kline
21
Cassandra L. Seto
22 Ellen V. Ward
23 /s/ Matthew T. Kline
Matthew T. Kline
24 Counsel for Defendant Warner Bros.
Discovery, Inc.
25
26
ATTESTATION PURSUANT TO LOCAL RULE 5-4.3.4
27
1 || on whose behalf the filing is submitted, concur in the filing’s contents and have
2 || authorized the filing.
3
4
5 /s/ Hassan Elrakabawy
6 Hassan Elrakabawy
7
8 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
DATED: 05/15/2026 Ra pen a,
HON. ROZELLA A. OLIVER
11 United States Magistrate Judge
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8 27
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, _____________________________ [print or type full name], of
5 _________________________________________ [print or type full address],
6 declare under penalty of perjury that I have read in its entirety and understand the
7 Stipulated Protective Order that was issued by the United States District Court for
8 the Central District of California on ____________ [date] in the case of Alcon
9 Entertainment, LLC v. Tesla, Inc., Elon Musk, and Warner Bros. Discovery, Inc.,
10 No. 2:24-cv-09033-GW-RAO (C.D. Cal.). I agree to comply with and to be bound
11 by all the terms of this Stipulated Protective Order and I understand and
12 acknowledge that failure to so comply could expose me to sanctions and punishment
13 in the nature of contempt. I solemnly promise that I will not disclose in any manner
14 any information or item that is subject to this Stipulated Protective Order to any
15 person or entity except in strict compliance with the provisions of this Order.
16 I further agree to submit to the jurisdiction of the United States District Court for the
17 Central District of California for enforcing the terms of this Stipulated Protective
18 Order, even if such enforcement proceedings occur after termination of this action.
19 I hereby appoint __________________________ [print or type full name] of
20 __________________________________________________ [print or type full
21 address and telephone number] as my California agent for service of process in
22 connection with this action or any proceedings related to enforcement of this
23 Stipulated Protective Order.
24 Date: ______________________________________
25 City and State where sworn and signed: _________________________________
26 Printed name: _______________________________
27 Signature: __________________________________