Opinion

Opinion

Court
District Court, C.D. California
Filed
Jul 14, 2026
Cited by
0 cases
Authority
More cited than 44.1%

The opinion

1

UNITED STATES DISTRICT COURT

2

CENTRAL DISTRICT OF CALIFORNIA

3

4 KEVIN DICK,

Case No. 2:26-cv-04138-HDV

5 Petitioner,

(SSCx)

6 v.

7 STRIKE MASTER FUND V LLC, STIPULATED PROTECTIVE

ORDER1 [DISCOVERY

8 Respondent.

MATTER]

9

10

11

12 1. INTRODUCTION

13 1.1 Purposes and Limitations. Discovery in this Action is likely

14 to involve production of confidential, proprietary, or private information

15 for which special protection from public disclosure and from use for any

16 purpose other than prosecuting this litigation may be warranted.

17 Accordingly, the parties hereby stipulate to and petition the court to

18 enter the following Stipulated Protective Order. The parties

19 acknowledge that this Order does not confer blanket protections on all

20 disclosures or responses to discovery and that the protection it affords

21 from public disclosure and use extends only to the limited information or

22 items that are entitled to confidential treatment under the applicable

23 legal principles.

24 1.2 Good Cause Statement. This Action is likely to involve trade

25 secrets and/or other valuable research, development, commercial,

26

1 This Stipulated Protective Order is substantially based on the model

27

protective order provided under Magistrate Judge Stephanie S.

1 financial, and/or proprietary information for which special protection

2 from public disclosure and from use for any purpose other than

3 prosecution of this Action is warranted. Such confidential and

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

5 confidential business or financial information, investor/client

6 information, information regarding confidential business practices,

7 investment and pricing information, or other confidential research,

8 development, or commercial information (including information

9 implicating privacy rights of third parties and information subject to

10 independent confidentiality obligations), information otherwise generally

11 unavailable to the public, or which may be privileged or otherwise

12 protected from disclosure under state or federal statutes, court rules,

13 case decisions, or common law. Accordingly, to expedite the flow of

14 information, to facilitate the prompt resolution of disputes over

15 confidentiality of discovery materials, to adequately protect information

16 the parties are entitled to keep confidential, to ensure that the parties

17 are permitted reasonable necessary uses of such material in connection

18 with this Action, to address their handling at the end of the litigation,

19 and serve the ends of justice, a protective order for such information is

20 justified in this matter. It is the intent of the parties that information

21 will not be designated as confidential for tactical reasons and that

22 nothing be so designated without a good faith belief that it has been

23 maintained in a confidential, non-public manner, and there is good cause

24 why it should not be part of the public record of this case.

25 1.3 Acknowledgment of Procedure for Filing Under Seal. The

26 parties further acknowledge, as set forth in Section 12.3, below, that this

27 Stipulated Protective Order does not entitle them to file confidential

1 must be followed and the standards that will be applied when a Party

2 seeks permission from the court to file material under seal.

3 There is a strong presumption that the public has a right of access

4 to judicial proceedings and records in civil cases. In connection with

5 non-dispositive motions, good cause must be shown to support a filing

6 under seal. See Kamakana v. City and Cty. of Honolulu, 447 F.3d 1172,

7 1176, 1180 (9th Cir. 2006), Phillips ex rel. Ests. of Byrd v. Gen. Motors

8 Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-Welbon v. Sony

9 Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated

10 protective orders require good cause showing). A specific showing of

11 good cause or compelling reasons with proper evidentiary support and

12 legal justification must be made with respect to Protected Material that

13 a Party seeks to file under seal. The parties’ mere designation of

14 Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY

15 CONFIDENTIAL – ATTORNEYS’ EYES ONLY does not—without the

16 submission of competent evidence by declaration, establishing that the

17 material sought to be filed under seal qualifies as confidential,

18 privileged, or otherwise protectable—constitute good cause.

19 Further, if a Party requests sealing related to a dispositive motion

20 or trial, then compelling reasons, not only good cause, for the sealing

21 must be shown, and the relief sought shall be narrowly tailored to serve

22 the specific interest to be protected. See Pintos v. Pac. Creditors Ass’n,

23 605 F.3d 665, 677–79 (9th Cir. 2010). For each item or type of

24 information, document, or thing sought to be filed or introduced under

25 seal in connection with a dispositive motion or trial, the Party seeking

26 protection must articulate compelling reasons, supported by specific

27 facts and legal justification, for the requested sealing order. Again,

1 seal must be provided by declaration.

2 Any document that is not confidential, privileged, or otherwise

3 protectable in its entirety will not be filed under seal if the confidential

4 portions can be redacted. If documents can be redacted, then a redacted

5 version for public viewing, omitting only the confidential, privileged, or

6 otherwise protectable portions of the document, shall be filed. Any

7 application that seeks to file documents under seal in their entirety

8 should include an explanation of why redaction is not feasible.

9

10 2. DEFINITIONS

11 2.1 Action: this pending federal lawsuit.

12 2.2 Challenging Party: a Party or Non-Party that challenges the

13 designation of information or items under this Stipulated Protective Order.

14 2.3 “CONFIDENTIAL” Information or Items: information

15 (regardless of how it is generated, stored or maintained) or tangible

16 things that qualify for protection under Rule 26(c) of the Federal Rules of

17 Civil Procedure, and as specified above in the Good Cause Statement.

18 2.4 Counsel: Outside Counsel of Record and In-House Counsel (as

19 well as their support staff).

20 2.5 Designating Party: a Party or Non-Party that designates

21 information or items produced in disclosures or in responses to discovery

22 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

23 EYES ONLY.”

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

25 regardless of the medium or manner in which it is generated, stored, or

26 maintained (including, among other things, testimony, transcripts, and

27 tangible things), that are produced or generated in disclosures or

1 2.7 Expert: a person with specialized knowledge or experience in

2 a matter pertinent to the litigation who has been retained by a Party or

3 its counsel to serve as an expert witness or as a consultant in this Action.

4 2.8 Final Disposition: the later of (1) dismissal of all claims and

5 defenses in this Action, with or without prejudice; or (2) final judgment

6 herein after the completion and exhaustion of all appeals, rehearings,

7 remands, trials, or reviews of this Action, including the time limits for

8 filing any motions or applications for extension of time pursuant to

9 applicable law.

10 2.9 “HIGHLY CONFIDENTIAL” Information or Items:

11 “CONFIDENTIAL” Information or Items that constitute or contain

12 extremely sensitive business or personal information or information

13 that the Designating Party reasonably believes would harm its or a

14 Non-Party’s competitive, economic, or business interests if disclosed

15 other than as permitted pursuant to Section 7.3 of this Stipulated

16 Protective Order.

17 2.10 In-House Counsel: attorneys who are employees of a party to

18 this Action. In-House Counsel does not include Outside Counsel of

19 Record or any other outside counsel.

20 2.11 Non-Party: any natural person, partnership, corporation,

21 association, or other legal entity not named as a Party to this action.

22 2.12 Outside Counsel of Record: attorneys who are not employees

23 of a Party to this Action but are retained to represent or advise a Party

24 to this Action and have appeared in this Action on behalf of that Party or

25 are affiliated with a law firm which has appeared on behalf of that Party,

26 and includes support staff.

27 2.13 Party: any party to this Action, including all of its officers,

1 of Record (and their support staffs).

2 2.14 Producing Party: a Party or Non-Party that produces

3 Disclosure or Discovery Material in this Action.

4 2.15 Professional Vendors: persons or entities that provide

5 litigation-support services (e.g., photocopying, videotaping, translating,

6 preparing exhibits or demonstrations, and organizing, storing, or

7 retrieving data in any form or medium) and their employees and

8 subcontractors.

9 2.16 Protected Material: any Disclosure or Discovery Material that

10 is designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

11 ATTORNEYS’ EYES ONLY.”

12 2.17 Receiving Party: a Party that receives Disclosure or Discovery

13 Material from a Producing Party.

14

15 3. SCOPE

16 The protections conferred by this Stipulated Protective Order

17 cover not only Protected Material (as defined above), but also (1) any

18 information copied or extracted from Protected Material; (2) all copies,

19 excerpts, summaries, or compilations of Protected Material; and (3) any

20 testimony, conversations, or presentations by Parties or their Counsel

21 that might reveal Protected Material.

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

23 orders of the trial judge. This Stipulated Protective Order does not

24 govern the use of Protected Material at trial.

25

26 4. TRIAL AND DURATION

27 The terms of this Stipulated Protective Order apply through Final

1 Once a case proceeds to trial, information that was designated as

2 CONFIDENTIAL, HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

3 ONLY, or maintained pursuant to this Stipulated Protective Order and

4 used or introduced as an exhibit at trial becomes public and will be

5 presumptively available to all members of the public, including the

6 press, unless compelling reasons supported by specific factual findings

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

8 See Kamakana, 447 F.3d at 1180–81 (distinguishing “good cause”

9 showing for sealing documents produced in discovery from “compelling

10 reasons” standard when merits-related documents are part of court

11 record). Accordingly, for such materials, the terms of this Stipulated

12 Protective Order do not extend beyond the commencement of the trial.

13 Even after Final Disposition of this litigation, the confidentiality

14 obligations imposed by this Stipulated Protective Order shall remain in

15 effect until a Designating Party agrees otherwise in writing or a court

16 order otherwise directs.

17

18 5. DESIGNATING PROTECTED MATERIAL

19 5.1 Exercise of Restraint and Care in Designating Material for

20 Protection. Each Party or Non-Party that designates information or

21 items for protection under this Stipulated Protective Order must take

22 care to limit any such designation to specific material that qualifies

23 under the appropriate standards. The Designating Party must designate

24 for protection only those parts of material, documents, items, or oral or

25 written communications that qualify so that other portions of the

26 material, documents, items, or communications for which protection is

27 not warranted are not swept unjustifiably within the ambit of this Order.

1 Designations that are shown to be clearly unjustified or that have been

2 made for an improper purpose (e.g., to unnecessarily encumber the case

3 development process or to impose unnecessary expenses and burdens on

4 other parties) may expose the Designating Party to sanctions.

5 If it comes to a Designating Party’s attention that information or

6 items that it designated for protection do not qualify for protection, that

7 Designating Party must promptly notify all other Parties that it is

8 withdrawing the inapplicable designation.

9 5.2 Manner and Timing of Designations. Except as otherwise

10 provided in this Stipulated Protective Order (see, e.g., second paragraph

11 of section 5.2(a) below), or as otherwise stipulated, agreed by the parties,

12 or ordered, Disclosure or Discovery Material that qualifies for protection

13 under this Stipulated Protective Order must be clearly so designated

14 before the material is disclosed or produced.

15 Designation in conformity with this Stipulated Protective Order

16 requires:

17 (a) for information in documentary form (e.g., paper or electronic

18 documents, but excluding transcripts of depositions or other pretrial or

19 trial proceedings), that the Producing Party affix at a minimum, the

20 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL —

21 ATTORNEYS’ EYES ONLY” to each page that contains protected

22 material. If only a portion or portions of the material on a page

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

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

25 margins or clearly stating a discovery response is “CONFIDENTIAL” or

26 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” above the

27 request and below the response).

1 inspection need not designate them for protection until after the

2 inspecting Party has indicated which documents it would like copied

3 and produced. During the inspection and before the designation, all of

4 the material made available for inspection shall be deemed “HIGHLY

5 CONFIDENTIAL” Information. After the inspecting Party has

6 identified the documents it wants copied and produced, the Producing

7 Party must determine which documents, or portions thereof, qualify for

8 protection under this Stipulated Protective Order. Then, before

9 producing the specified documents, the Producing Party must affix the

10 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’

11 EYES ONLY” legend to each page that contains Protected Material. If

12 only a portion or portions of the material on a page qualifies for

13 protection, the Producing Party also must clearly identify the protected

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

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

16 identify the Disclosure or Discovery Material on the record or, within

17 twenty-one (21) days after receipt of the official, finalized deposition

18 transcript, designate portions of the deposition as “CONFIDENTIAL” or

19 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” subject to

20 this Stipulated Protective Order. From the time any Protected Materials

21 are introduced or discussed during the deposition to twenty-one (21)

22 days after receipt of the official, finalized deposition transcript, the

23 deposition itself, any information communicated or revealed during the

24 deposition and/or any official or unofficial draft of the transcript shall be

25 treated as “HIGHLY CONFIDENTIAL” Information unless the

26 Designating Party agrees otherwise on the record.2

27

1 (c) for information produced in some form other than

2 documentary and for any other tangible items, that the Producing Party

3 affix in a prominent place on the exterior of the container or containers

4 in which the information is stored the “CONFIDENTIAL” or “HIGHLY

5 CONFIDENTIAL — ATTORNEYS’ EYES ONLY” legend. If only a

6 portion or portions of the information warrants protection, the Producing

7 Party, to the extent practicable, shall identify the protected portion(s).

8 5.3 Inadvertent Failures to Designate. If timely corrected, an

9 inadvertent failure to designate qualified information or items does not,

10 standing alone, waive the Designating Party’s right to secure protection

11 under this Stipulated Protective Order for such material. Upon timely

12 correction of a designation, the Receiving Party must make reasonable

13 efforts to assure that the material is treated in accordance with the

14 provisions of this Stipulated Protective Order.

15

16 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

17 6.1 Timing of Challenges. Any Party or Non-Party may

18 challenge a designation of confidentiality at any time that is consistent

19 with the Court’s Scheduling Order.

20 6.2 Meet and Confer. The Challenging Party shall initiate the

21 dispute resolution process under Local Rule 37.1 et seq. and with

22 Section 2 of Judge Christensen’s Civil Procedures titled “Informal

23 Discovery Conference.”3

24 6.3 The burden of persuasion in any such challenge proceeding

25 shall be on the Designating Party. Frivolous challenges, and those

26

request for such discovery.

27

3 Judge Christensen’s Procedures are available at

1 made for an improper purpose (e.g., to harass or impose unnecessary

2 expenses and burdens on other parties) may expose the Challenging

3 Party to sanctions. Unless the Designating Party has waived or

4 withdrawn the confidentiality designation, all parties shall continue to

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

6 entitled under the Producing Party’s designation until the Court rules

7 on the challenge.

8

9 7. ACCESS TO AND USE OF PROTECTED MATERIAL

10 7.1 Basic Principles. A Receiving Party may use Protected

11 Material that is disclosed or produced by another Party or by a Non-

12 Party in connection with this Action only for prosecuting, defending, or

13 attempting to settle this Action and for no other purpose — including,

14 but not limited to, any commercial or business purpose, or any other

15 litigation, arbitration, or other proceedings — absent the prior written

16 consent of the Producing Party or an order of the Court. Such Protected

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

18 the conditions described in this Order. When the Action reaches a Final

19 Disposition, a Receiving Party must comply with the provisions of

20 Section 13 below.

21 Protected Material must be stored and maintained by a Receiving

22 Party at a location and in a secure manner that ensures that access is

23 limited to the persons authorized under this Stipulated Protective

24 Order.

25 7.2 Disclosure of “CONFIDENTIAL” Information or Items.

26 Unless otherwise ordered by the Court or permitted in writing by the

27 Designating Party, a Receiving Party may disclose any information or

1 (a) to the Receiving Party’s Outside Counsel of Record in this

2 Action, as well as employees of said Outside Counsel of Record to whom

3 it is reasonably necessary to disclose the information for this Action;

4 (b) to the Receiving Party and officers, directors, and employees

5 (including In-House Counsel) of the Receiving Party to whom disclosure

6 is reasonably necessary for this Action, provided that they have signed

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

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

9 whom disclosure is reasonably necessary for this Action and who have

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

11 (d) to the court and its personnel;

12 (e) to court reporters and their staff;

13 (f) to Professional Vendors to whom disclosure is reasonably

14 necessary for this Action and who have signed the “Acknowledgment

15 and Agreement to Be Bound” (Exhibit A);

16 (g) to persons identified in the Protected Material as having

17 authored or received the Protected Material in the ordinary course to

18 whom disclosure is reasonably necessary for this Action and who have

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

20 (h) during their depositions, to witnesses, and attorneys for

21 witnesses, in the Action to whom disclosure is reasonably necessary,

22 provided: (1) the deposing party requests that the witness sign the

23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (2) the

24 witness will not be permitted to keep any “CONFIDENTIAL”

25 Information unless they sign the “Acknowledgment and Agreement to

26 Be Bound” (Exhibit A), unless otherwise agreed by the Designating

27 Party or ordered by the Court. Pages of transcribed deposition

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

2 anyone except as permitted under this Stipulated Protective Order; and

3 (i) to any mediator or settlement officer, and their supporting

4 personnel, mutually agreed upon by any of the parties engaged in

5 settlement discussions.

6 7.3 Disclosure of “HIGHLY CONFIDENTIAL” Information or

7 Items. Unless otherwise ordered by the Court or permitted in writing

8 by the Designating Party, a Receiving Party may disclose any

9 information or item designated as “HIGHLY CONFIDENTIAL –

10 ATTORNEYS’ EYES ONLY” only:

11 (a) to the Receiving Party’s Outside Counsel of Record in this

12 Action, as well as employees of said Outside Counsel of Record to whom

13 it is reasonably necessary to disclose the information for this Action;

14 (b) to Experts (as defined in this Order) of the Receiving Party to

15 whom disclosure is reasonably necessary for this Action and who have

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

17 (c) to the court and its personnel;

18 (d) to court reporters and their staff;

19 (e) to Professional Vendors to whom disclosure is reasonably

20 necessary for this Action and who have signed the “Acknowledgment

21 and Agreement to Be Bound” (Exhibit A);

22 (f) persons identified in the Protected Material as having

23 authored or received the Protected Material in the ordinary course to

24 whom disclosure is reasonably necessary for this Action and who have

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

26 and

27 (g) to any mediator or settlement officer, and their supporting

1 settlement discussions.

2

3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

4 PRODUCED IN OTHER LITIGATION

5 If a Party is served with a subpoena or a court order issued in

6 other litigation that compels disclosure of any information or items

7 designated in this Action as “CONFIDENTIAL” or “HIGHLY

8 CONFIDENTIAL — ATTORNEYS’ EYES ONLY,” that Party must:

9 (a) promptly notify in writing the Designating Party. Such

10 notification shall include a copy of the subpoena or court order;

11 (b) promptly notify in writing the party who caused the

12 subpoena or order to issue in the other litigation that some or all of the

13 material covered by the subpoena or order is subject to this Protective

14 Order. Such notification shall include a copy of this Stipulated

15 Protective Order; and

16 (c) cooperate with respect to all reasonable procedures sought to

17 be pursued by the Designating Party whose Protected Material may be

18 affected.

19 If the Designating Party timely seeks a protective order, the

20 Party served with the subpoena or court order shall not produce any

21 information designated in this action as “CONFIDENTIAL” or

22 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” before a

23 determination by the court from which the subpoena or order issued,

24 unless the Party has obtained the Designating Party’s permission. The

25 Designating Party shall bear the burden and expense of seeking

26 protection in that court of its confidential material, and nothing in these

27 provisions should be construed as authorizing or encouraging a

1 court.

2

3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

4 PRODUCED IN THIS LITIGATION

5 9.1 Application. The terms of this Stipulated Protective Order

6 are applicable to information produced by a Non-Party in this Action and

7 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL —

8 ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties

9 in connection with this Action is protected by the remedies and relief

10 provided by this Order. Nothing in these provisions should be construed

11 as prohibiting a Non-Party from seeking additional protections. Any

12 Party that serves a subpoena on a Non-Party shall provide a copy of this

13 Stipulated Protective Order with the subpoena and inform the Non-Party

14 of its right to designate documents or testimony as “CONFIDENTIAL” or

15 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” in

16 accordance with this Order.

17 9.2 Notification. In the event that a Party is required, by a valid

18 discovery request, to produce a Non-Party’s confidential information in

19 its possession, and the Party is subject to an agreement with the Non-

20 Party not to produce the Non-Party’s confidential information, then the

21 Party shall:

22 (a) promptly notify in writing the Requesting Party and the

23 Non-Party that some or all of the information requested is subject to a

24 confidentiality agreement with a Non-Party;

25 (b) make the information requested available for inspection by

26 the Non-Party, if requested.

27 9.3 Conditions of Production. If the Non-Party fails to seek a

1 and accompanying information, the Receiving Party may produce the

2 Non-Party’s confidential information responsive to the discovery request.

3 If the Non-Party timely seeks a protective order, the Receiving Party

4 shall not produce any information in its possession or control that is

5 subject to the confidentiality agreement with the Non-Party before a

6 determination by the Court. Absent a court order to the contrary, the

7 Non-Party shall bear the burden and expense of seeking protection in

8 this Court of its Protected Material.

9 9.4 In the event a Non-Party produces documents or materials in

10 response to a subpoena designated as “CONFIDENTIAL” or without a

11 confidentiality designation, counsel for each Party shall have fourteen

12 (14) days from receipt of the materials to provide written notice to

13 counsel for the other Party designating such materials as

14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’

15 EYES ONLY,” as appropriate. Until the expiration of fourteen (14) days

16 from the time any documents or materials are received in response to a

17 subpoena, the materials (including any information obtained directly or

18 indirectly from the materials) shall be treated as “HIGHLY

19 CONFIDENTIAL” Information. The parties may agree to modify this

20 procedure in writing without further order of the Court.

21

22 10. UNAUTHORIZED DISCLOSURE OF PROTECTED

23 MATERIAL

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

25 has disclosed Protected Material to any person or in any circumstance

26 not authorized under this Stipulated Protective Order, the Receiving

27 Party must immediately (a) notify in writing the Designating Party of

1 unauthorized copies of the Protected Material, (c) inform the person or

2 persons to whom unauthorized disclosures were made of all the terms of

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

4 “Acknowledgment and Agreement to Be Bound” (Exhibit A).

5

6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR

7 OTHERWISE PROTECTED MATERIAL

8 When a Producing Party gives notice to Receiving Parties that

9 certain inadvertently produced material is subject to a claim of privilege

10 or other protection, the obligations of the Receiving Parties are those set

11 forth in Rule 26(b)(5)(B) of the Federal Rules of Civil Procedure.

12 Pursuant to Rules 502(d) and (e) of the Federal Rules of Evidence, the

13 parties agree that inadvertent disclosure of any document or thing

14 subject to a legitimate claim that the document or thing should have

15 been withheld from disclosure as protected by the attorney-client

16 privilege, attorney work product doctrine or any other applicable

17 privilege or immunity does not waive any protection for those materials

18 or for the subject matter of those materials.

19

20 12. MISCELLANEOUS

21 12.1 Right to Further Relief. Nothing in this Stipulated

22 Protective Order abridges the right of any person to seek its

23 modification by the Court in the future.

24 12.2 Right to Assert Other Objections. Given that the Action

25 involves competing requests to vacate or confirm an arbitration award,

26 the parties presently intend to conduct only limited, written

27 jurisdictional discovery as previously agreed by the parties. By

1 waives any right it otherwise would have to object to disclosing or

2 producing any information or item on any ground not addressed in this

3 Stipulated Protective Order or to object to any request for discovery

4 beyond the scope of the parties’ previous agreement. Similarly, no

5 Party waives any right to object on any ground to use in evidence of any

6 of the material covered by this Stipulated Protective Order.

7 12.3 Filing Protected Material. A Party that seeks to file under

8 seal any Protected Material must comply with Local Rule 79-5.

9 Protected Material may only be filed under seal pursuant to a court

10 order authorizing the sealing of the specific Protected Material at issue.

11 If a Party’s request to file Protected Material under seal is denied by the

12 Court, then the Receiving Party may file the information in the public

13 record unless otherwise instructed by the Court. To the extent either

14 Party seeks to file in this Action any document or information

15 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

16 ATTORNEYS’ EYES ONLY” pursuant to the “Protective Order

17 Governing Confidentiality of Documents and Information” entered by

18 Arbitrator Dana Welch, Esq. in the previous arbitration between the

19 parties styled Strike Master Fund V LLC v. Kevin Dick, AAA Case No.

20 01-24-0007-6378, that Party shall likewise follow Local Rule 79-5 unless

21 the other Party agrees in writing that the document or information may

22 be publicly filed without an application to seal.

23

24 13. FINAL DISPOSITION

25 After the Final Disposition of this Action, as defined in Section 2.8,

26 within 60 days of a written request by the Designating Party, each

27 Receiving Party must return all Protected Material to the Producing

1 Protected Material” includes all copies, abstracts, compilations,

2 summaries, and any other format reproducing or capturing any of the

3 Protected Material. Whether the Protected Material is returned or

4 destroyed, the Receiving Party must submit a written certification to

5 the Producing Party (and, if not the same person or entity, to the

6 Designating Party) by the 60-day deadline that (1) identifies (by

7 category, where appropriate) all the Protected Material that was

8 returned or destroyed and (2) affirms that the Receiving Party has not

9 retained any copies, abstracts, compilations, summaries or any other

10 format reproducing or capturing any of the Protected Material.

11 Notwithstanding this provision, Counsel is entitled to retain an archival

12 copy of all pleadings, motion papers, trial, deposition, and hearing

13 transcripts, legal memoranda, correspondence, deposition and trial

14 exhibits, expert reports, attorney work product, and consultant and

15 expert work product, even if such materials contain Protected Material.

16 Any such archival copies that contain or constitute Protected Material

17 remain subject to this Stipulated Protective Order as set forth in

18 Section 4.

19

20 14. VIOLATION

21 Any violation of this Stipulated Protective Order may be punished

22 by any and all appropriate measures including, without limitation,

23 contempt proceedings and/or monetary sanctions.

24

25

26

27

1 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2

3 || DATED: July 10, 2026 SHARTSIS FRIESE LLP

4 By: /s/ Diego B. Flores

WILLIAM BROOKES S. DEGEN

5 ROBERT CHARLES WARD

DIEGO B. FLORES

6 Attomeys for Petitioner

7 Kevin Dick

8

9 || DATED: July 10, 2026 MAYNARD NEXSEN LLP

10 By: /s/ Robert Hess

ROBERT HESS

1 Attorneys for Respondent

D Strike Master Fund V LLC

13

*In accordance with L.R. pe $3.44)(2) (0), I attest that all other signatories

14 |! listed, and on whose behalf the filing is submitted, concur with the filing’s

13 content and have authorized the filing.

By: /s/Robert Hess

16 Robert Hess

17

18

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

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1 DATED: July 14, 2026

2 STEPHANIE 8. CHRISTENSEN

33 United States Magistrate Judge

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

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_________________ [print or type full address], declare under

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penalty of perjury that I have read in its entirety and understand the

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Stipulated Protective Order that was issued by the United States

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District Court for the Central District of California on [date] in the

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case of Kevin Dick v. Strike Master Fund V LLC, Case No. 2:26-cv-

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04138-HDV (SSCx). I agree to comply with and to be bound by all the

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terms of this Stipulated Protective Order, and I understand and

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acknowledge that failure to so comply could expose me to sanctions

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and punishment in the nature of contempt. I solemnly promise that I

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will not disclose in any manner any information or item that is subject

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to this Stipulated Protective Order to any person or entity except in

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strict compliance with the provisions of this Order.

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

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18 District Court for the Central District of California for the purpose of

19 enforcing the terms of this Stipulated Protective Order, even if such

20 enforcement proceedings occur after termination of this action. I

21 hereby appoint ________________________ [print or type full name]

22 of _________ [print or type full address and telephone number] as

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my California agent for service of process in connection with this action

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or any proceedings related to enforcement of this Stipulated Protective

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3 Order.

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5 Date: ___________________________

6 City and State where sworn and

___________________________

7 signed:

8 Printed name: ___________________________

9 Signature: ___________________________

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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