Opinion

Yuga Labs, Inc. v. Ripps

Court: District Court, C.D. California
Filed: Oct 11, 2022
Cited by: 0 cases

The opinion

STIPULATED PROTECTIVE ORDER Case No. 2:22-CV-04355-JFW-JEM

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ERIC BALL (CSB No. 241327) Louis W. Tompros (pro hac vice)

eball@fenwick.com louis.tompros@wilmerhale.com

KIMBERLY CULP (CSB No. 238839) Monica Grewal (pro hac vice)

kculp@fenwick.com monica.grewal@wilmerhale.com

FENWICK & WEST LLP Scott W. Bertulli (pro hac vice)

801 California Street scott.bertulli@wilmerhale.com

Mountain View, CA 94041 WILMER CUTLER PICKERING

Telephone: 650.988.8500 HALE AND DORR LLP

Fax: 650.938.5200 60 State Street

Boston, MA 02109

ANTHONY M. FARES (CSB No. 318065) Telephone: (617) 526-6000

afares@fenwick.com Fax: (617) 526-5000

ETHAN M. THOMAS (CSB No. 338062)

ethomas@fenwick.com Henry Nikogosyan (SBN 326277)

FENWICK & WEST LLP henry.nikogosyan@wilmerhale.com

555 California Street, 12th Floor WILMER CUTLER PICKERING

San Francisco, CA 94104 HALE AND DORR LLP

Telephone: 415.875.2300 350 South Grand Avenue, Suite 2400

Fax: 415.281.1350 Los Angeles, CA 90071

Telephone: (213) 443-5300

Attorneys for Yuga Labs, Inc. Fax: (213) 443-5400

Attorneys for Defendants

Ryder Ripps and Jeremy Cahen

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION

Yuga Labs, Inc., Case No.: 2:22-cv-4355-JFW-JEM

Plaintiff, DISCOVERY MATTER

v. STIPULATION AND PROTECTIVE

ORDER

Ryder Ripps, Jeremy Cahen, Does 1-10,

District Judge: Honorable John F.

Defendants. Walter

Magistrate Judge: Honorable John E.

McDermott

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Pursuant to Federal Rule of Evidence 26(c) and to facilitate the production

and receipt of information in discovery in this action, Plaintiff Yuga Labs, Inc.

(“Plaintiff” or “Yuga Labs”) and Defendants Ryder Ripps and Jeremy Cahen

(collectively, “Defendants”) have agreed and stipulated, through their respective

counsel, to the entry of an order for the protection of trade secret, proprietary, and

other confidential research, development, financial, business, or commercial

information that may be produced or otherwise disclosed by them during the course

of this action.

Upon consideration of the record and proceedings herein, the parties hereby

stipulate to the following terms:

1. PURPOSES AND LIMITATIONS

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

proprietary, or private information for which special protection from public

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

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

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

Stipulated Protective Order does not confer blanket protections on all disclosures or

responses to discovery and that the protection it affords from public disclosure and

use extends only to the limited information or items that are entitled to confidential

treatment under the applicable legal principles. The parties further acknowledge, as

set forth in Section 14.3 below, that this Stipulated Protective Order does not entitle

them to file confidential information under seal; Local Rule 79-5 and Section 9 of

the Court’s Standing Order (Dkt. 14) set forth the procedures that must be followed

and the standards that will be applied when a party seeks permission from the Court

to file material under seal.

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2. GOOD CAUSE STATEMENT

Counsel for the Parties to this Action have reviewed Edwards v. County of Los

Angeles, 2009 WL 4707996 (C.D. Cal 2009) and have tailored this Stipulated

Protective Order to comply with the Court’s guidance in that order. Specifically, the

Parties have set forth below good cause for this Stipulated Protective Order, ensured

that materials subject to the Stipulated Protective Order are “described in a

meaningful fashion” in this section (see also infra Section 6.1), and ensured that the

provisions regarding sealing comply with Local Rule 79-5.1 (see infra Section 14.3).

This action is likely to involve trade secrets, pricing lists and other valuable

research, development, commercial, financial, technical and/or proprietary

information; sensitive personal information; and information protected by

Nonparties’ right of privacy under California law. Special protection from public

disclosure or disclosure to competitors, and from use for any purpose other than

prosecution of this action, is warranted. Such confidential and proprietary materials

and information consist of, among other things, confidential business or financial

information, information regarding confidential business practices, or other

confidential research, development, or commercial information (including

information implicating privacy rights of third parties), information otherwise

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

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

or common law. The parties stipulate that disclosure of this information would cause

competitive harm to the parties. For example, the parties believe that competitors

will gain an unfair advantage if they learn the parties’ Protected Material, such as

financial information, accounting information, customer lists, vendor lists, costs or

profits structure, sales information, product lines, business and marketing strategy or

information about operations. Accordingly, to expedite the flow of information, to

facilitate the prompt resolution of disputes over confidentiality of discovery

materials, to adequately protect information the parties are entitled to keep

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confidential, to ensure that the parties are permitted reasonable necessary uses of

such material in preparation for and in the conduct of trial, to address their handling

at the end of the litigation, and to serve the ends of justice, a protective order for

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

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

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

confidential, non-public manner, and there is good cause why it should not be part of

the public record of this case.

3. DEFINITIONS

3.1. Action: This pending federal lawsuit, Yuga Labs, Inc. v. Ryder Ripps

et al., Civil Action Case No. 2:22-cv-04355-JFW-JEM.

3.2. Challenging Party: A Party or Nonparty that challenges the

designation of information or items under this Stipulated Protective Order.

3.3. “CONFIDENTIAL” Information or Items: Information (regardless of

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

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

the Good Cause Statement.

3.4. Counsel: Outside Counsel and In-House Counsel (as well as their

support staff).

3.5. Designating Party: A Party or Nonparty that designates information or

items that it produces in disclosures or in responses to discovery as

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY.”

3.6. Disclosure or Discovery Material: All items or information, regardless

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

among other things, testimony, transcripts, and tangible things), that is produced or

generated in disclosures or responses to discovery in this matter, including

documents, data and information, answers to interrogatories, answers to deposition

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questions, responses to requests for admission, affidavits, expert reports, any

information copied or extracted or derived therefrom, as well as all copies, excerpts,

summaries, or compilations thereof, plus testimony, conversations or presentations

by parties or counsel to or in court or in other settings.

3.7. Expert: A person with specialized knowledge or experience in a

matter pertinent to the litigation who (1) has been retained by a Party or its counsel

to serve as an expert witness or as a consultant in this Action; (2) is not currently

employed by or conducting business with a Party; (3) at the time of retention, is not

anticipated to become an employee or conducting business with a Party or a Party’s

competitor; and (4) who have signed the “Acknowledgment and Agreement to be

Bound” (Exhibit A).

3.8. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

Information or Items: Extremely sensitive “Confidential Information or Items,” the

disclosure of which to another Party or Nonparty would create a substantial risk of

serious harm that could not be avoided by less restrictive means. It includes,

without limitation, (1) highly sensitive settlement and/or licensing agreements

(including drafts thereof) that are subject to a third-party confidentiality agreement

requiring Highly Confidential – Attorneys’ Eyes Only designation; (2) highly

sensitive corporate strategy data; (3) highly sensitive product information

containing information not available to competitors or the public concerning

present products, anticipated products or products in development; (4) pending but

unpublished patent applications; (5) customers’ and agents’ identities and personal

information; and (6) other highly confidential technical, research and development,

and financial information.

3.9. In-House Counsel: Attorneys who are employees of a party to this

Action (as well as their support staff). In-House Counsel does not include Outside

Counsel or any other outside counsel.

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3.10. Nonparty: Any natural person, partnership, corporation, association,

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

3.11. Outside Counsel: Attorneys and their support staff who are not

employees of a party to this Action and who (i) are retained to represent or advise a

party to this Action and have appeared in this Action on behalf of such party or (ii)

are employed by, or a partner of, a law firm that is retained to represent or advise a

party regarding this action and which has appeared on behalf of that party.

3.12. Party: Any party to this Action, including all of its officers, directors,

employees, consultants, retained experts, In-House Counsel, and Outside Counsel

(and their support staffs).

3.13. Producing Party: A Party or Nonparty that produces Disclosure or

Discovery Material in this Action.

3.14. Professional Vendors: Persons or entities that provide litigation

support services (e.g., photocopying, videotaping, translating, preparing and

reviewing discovery material in the capacity of an “e-discovery” vendor, exhibits or

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

and their employees and subcontractors.

3.15. Protected Material: Any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY.”

3.16. Receiving Party: A Party that receives Disclosure or Discovery

Material from a Producing Party.

4. SCOPE

The protections conferred by this Stipulated Protective Order cover not only

Protected Material, but also (1) any information copied or extracted from Protected

Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;

and (3) any testimony, conversations, or presentations by Parties or their Counsel

that might reveal Protected Material.

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However, the protections conferred by this Stipulated Protective Order do not

cover the following information: (a) any information that is in the public domain at

the time of disclosure to a Receiving Party or becomes part of the public domain

after its disclosure to a Receiving Party as a result of publication not involving a

violation of this Order, including information that has become part of the public

record through trial or otherwise; and (b) any information known to the Receiving

Party prior to the disclosure or obtained by the Receiving Party after the disclosure

from a source who obtained the information lawfully and under no obligation of

confidentiality to the Designating Party or Producing Party.

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

trial judge. This Stipulated Protective Order does not govern the use of Protected

Material at trial.

5. DURATION

Even after final disposition of this litigation, the confidentiality obligations

imposed by this Stipulated Protective Order shall remain in effect until a

Designating Party agrees otherwise in writing or a court order otherwise directs.

Final disposition shall be deemed to be the later of (1) dismissal of all claims and

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

after the completion and exhaustion of all appeals, rehearings, remands, trials, or

reviews of this Action, including the time limits for filing any motions or

applications for extension of time pursuant to applicable law.

6. DESIGNATING PROTECTED MATERIAL

6.1. Exercise of Restraint and Care in Designating Material for Protection.

Each Party or Nonparty that designates information or items for protection

under this Stipulated Protective Order must take care to limit any such designation

to specific material that qualifies under the appropriate standards. The Designating

Party must designate for protection only those parts of material, documents, items,

or oral or written communications that qualify so that other portions of the material,

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documents, items, or communications for which protection is not warranted are not

swept unjustifiably within the ambit of this Stipulated Protective Order.

Mass, indiscriminate, or routinized designations are prohibited. Designations

that are shown to be clearly unjustified or that have been made for an improper

purpose (e.g., to unnecessarily encumber the case development process or to

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

Designating Party to sanctions.

6.2. Manner and Timing of Designations.

Except as otherwise provided in this Stipulated Protective Order (see, e.g.,

Sections 6.3(a) and 6.3(b) below), or as otherwise stipulated or ordered, Disclosure

or Discovery Material that qualifies for protection under this Stipulated Protective

Order must be clearly so designated before the material is disclosed or produced.

6.3. Designation in conformity with this Stipulated Protective Order

requires the following:

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

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

proceedings), that the Producing Party affix at a minimum, the legend

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY” to each page that contains protected material. If only a portion or portions

of the material on a page qualifies for protection, the Producing Party also must

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

the margins).

A Party or Nonparty that makes original documents available for

inspection need not designate them for protection until after the inspecting Party

has indicated which documents it would like copied and produced. During the

inspection and before the designation, all of the material made available for

inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY.” After the inspecting Party has identified the documents it wants copied

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and produced, the Producing Party must determine which documents, or portions

thereof, qualify for protection under this Stipulated Protective Order. Then, before

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

legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY”) to each page that contains Protected Material. If only a portion or

portions of the material on a page qualifies for protection, the Producing Party also

must clearly identify the protected portion(s) (e.g., by making appropriate markings

in the margins).

(b) For transcripts of depositions or other pretrial or trial

proceedings, that the original and all copies of any transcript, in whole or in part, be

marked “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY” by the court reporter at the request of any party. This request may be

made orally during the proceeding or in writing within thirty (30) days of receipt of

the transcript of the proceeding. Deposition transcripts shall be treated by default as

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” until the expiration

of the time to make a confidentiality designation. Any portions so designated shall

thereafter be treated in accordance with the terms of this Order.

Transcripts containing Protected Material shall have an obvious legend

with the appropriate designation on the title page and every subsequent page that

the transcript contains Protected Material. If only portions of a transcript are

designated as Protected Material, then the title page shall be followed by a list of all

pages (including line numbers as appropriate) that have been designated as

Protected Material and the level of protection being asserted by the Designating

Party. The Designating Party shall inform the court reporter of these requirements.

the Designating Party shall note the degree of confidentiality of the Protected

Material in the load file.

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(d) For information produced in nondocumentary form, and for any

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

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

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY.” If only a portion or portions of the information warrants protection, the

Producing Party, to the extent practicable, shall identify the protected portion(s) and

specify the level of protection being asserted.

6.4. Inadvertent Failure to Designate.

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

waive the Designating Party’s right to secure protection under this Stipulated

Protective Order for such material. Upon subsequent correction of a designation,

the Receiving Party must make reasonable efforts to assure that the material is

treated in accordance with any revised designations under the provisions of this

Stipulated Protective Order and promptly collect any copies of the material that

have been provided to individuals other than those authorized under Paragraph 9 of

this Order. The Designating Party may also request the individuals to execute the

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

Exhibit A.

7. CHALLENGING CONFIDENTIALITY DESIGNATIONS

7.1. Timing of Challenges. Any Party or Nonparty may challenge a

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

Scheduling Order.

7.2. Meet and Confer. The Challenging Party shall initiate the dispute

resolution process, which shall comply with Local Rule 37.1 et seq.

7.3. Burden of Persuasion. The burden of persuasion in any such challenge

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

for an improper purpose (e.g., to harass or impose unnecessary expenses and

burdens on other parties) may expose the Challenging Party to sanctions. Unless the

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Designating Party has waived or withdrawn the confidentiality designation, all

parties shall continue to afford the material in question the level of protection to

which it is entitled under the Producing Party’s designation until the Court rules on

the challenge.

8. ACCESS TO AND USE OF PROTECTED MATERIALS

8.1. Basic Principles.

Receiving Party may use Protected Material that is disclosed or produced by

another Party or by a Nonparty in connection with this Action only for prosecuting,

defending, or attempting to settle this Action, namely in court or discovery

proceedings in this Action. Protected Material may not be used in connection with

any other dispute between the parties. Such Protected Material may be disclosed

only to the categories of persons and under the conditions described in this

Stipulated Protective Order. When the Action reaches a final disposition, a

Receiving Party must comply with the provisions of Section 15 below.

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

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

authorized under this Stipulated Protective Order.

8.2. Disclosure of “CONFIDENTIAL” Information or Items.

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

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

designated “CONFIDENTIAL” only to:

(a) The Receiving Party’s Outside Counsel, as well as employees of

said Outside Counsel to whom it is reasonably necessary to disclose the information

for this Action;

(b) The Receiving Party, which, in the case of Plaintiff, includes its

officers, directors, and employees (including In-House Counsel) to whom

disclosure is reasonably necessary for this Action;

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reasonably necessary for purposes of this Action, (2) who have signed the

“Acknowledgment and Agreement to Be Bound,” Exhibit A, and (3) as to whom

the procedures set forth in Section 8.4, below, have been followed;

(d) The Court and its personnel;

(e) Court reporters and their staff, including stenographic,

videographic, and clerical personnel;

(f) Professional jury or trial consultants and mock jurors who have

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

(g) Professional Vendors to whom disclosure is reasonably

necessary for this Action who have signed the “Acknowledgment and Agreement to

be Bound” (Exhibit A);

(h) The author or recipient of a document containing the

information or a custodian or other person who otherwise possessed or knew the

information;

(i) During their depositions or in court proceedings, witnesses, and

attorneys for witnesses, in the Action provided that: (1) such documents or

information were authored by, addressed to, or received by such persons or other

persons employed by the same entity as such persons, (2) such documents or

information were produced by or obtained from such persons or their employee, or

(3) to whom disclosure is reasonably necessary and who have signed the

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

agreed by the Designating Party or ordered by the Court. Pages of transcribed

deposition testimony or exhibits to depositions that reveal Protected Material may

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

except as permitted under this Stipulated Protective Order; and

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(j) Any mediator or settlement officer, and their supporting

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

discussions.

8.3. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY” Information or Items.

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

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

designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

(a) The Receiving Party’s Outside Counsel, as well as employees of

said Outside Counsel to whom it is reasonably necessary to disclose the information

for this Action;

(b) The Receiving Party’s In-House Counsel, to whom disclosure is

reasonably necessary for this Action.

reasonably necessary for purposes of this Action, (2) who have signed the

“Acknowledgment and Agreement to Be Bound,” Exhibit A, and (3) as to whom

the procedures set forth in Section 8.4, below, have been followed;

(d) The Court and its personnel;

(e) Court reporters and their staff, including stenographic,

videographic, and clerical personnel;

(f) Professional jury or trial consultants and mock jurors who have

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

(g) Professional Vendors to whom disclosure is reasonably

necessary for this Action who have signed the “Acknowledgment and Agreement to

be Bound” (Exhibit A);

(h) The author or recipient of a document containing the

information or a custodian or other person who otherwise possessed or knew the

information;

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(i) During their depositions or in court proceedings, witnesses in

this action, provided that (1) such documents or information were authored by,

addressed to, or received by such persons or other persons employed by the same

entity as such persons, (2) such documents or information were produced by or

obtained from such persons or their employee, or (3) to whom disclosure is

reasonably necessary and who have signed the “Acknowledgment and Agreement

to Be Bound” (Exhibit A), unless otherwise agreed by the Designated Party or

ordered by the court; and

(j) Any mediator or settlement officer, and their supporting

personnel mutually agreed upon by any of the parties engaged in settlement

discussions.

8.4 Procedures for Disclosure of Protected Material to Experts.

Unless otherwise ordered by the court or agreed to in writing by the

Designating Party, a Party that seeks to disclose to an Expert any Protected Material

first must make a written disclosure to the Designating Party that (1) sets forth the

full name of the Expert and the city and state of his or her primary United States

residence, (2) attaches a copy of the Expert’s current resume, (3) identifies the

Expert’s current United States employer(s); and (4) attaches the Expert’s signed

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

9. EXPERT COMMUNICATIONS

A Party’s Expert is not required to disclose or produce, and the Parties shall

not conduct discovery concerning or seek to introduce evidence of: (1)

communications between the Parties’ Counsel and the Expert, or (2) drafts of

Expert declarations or reports.

10. PROTECTED MATERIAL SUBPOENAED OR ORDERED

PRODUCED IN OTHER LITIGATION

If a Party or its Expert is served with a discovery request, subpoena, or a

court order from another litigation that compels disclosure of any information or

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

CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that Party or Expert must:

(a) Promptly notify in writing the Designating Party. Such

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

(b) Promptly notify in writing the party who caused the subpoena or

order to issue in the other litigation that some or all of the material covered by the

subpoena or order is subject to this Stipulated Protective Order. Such notification

shall include a copy of this Stipulated Protective Order; and

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

If the Designating Party timely seeks a protective order, the Party or Expert

served with the discovery request, subpoena, or court order shall not produce any

information designated in this action as “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination by the

Court from which the subpoena or order issued, unless the Party or Expert has

obtained the Designating Party’s permission. The Designating Party shall bear the

burden and expense of seeking protection in that court of its confidential material

and nothing in these provisions should be construed as authorizing or encouraging a

Receiving Party in this Action to disobey a lawful directive from another court.

11. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE

PRODUCED IN THIS LITIGATION

11.1. Application.

(a) The terms of this Stipulated Protective Order are applicable to

information produced by a Nonparty in this Action and designated as

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY.” Such information produced by Nonparties in connection with this

litigation is protected by the remedies and relief provided by this Stipulated

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Protective Order. Nothing in these provisions should be construed as prohibiting a

Nonparty from seeking additional protections.

(b) Both Parties shall be treated as a Receiving Party with respect to

any information produced by a Nonparty in this action.

11.2. Notification.

In the event that a Party is required, by a valid discovery request, to produce

a Nonparty’s confidential information in its possession, and the Party is subject to

an agreement with the Nonparty not to produce the Nonparty’s confidential

information, then the Party shall:

(a) Promptly notify in writing the Requesting Party and the

Nonparty that some or all of the information requested is subject to a confidentiality

agreement with a Nonparty;

(b) Promptly provide the Nonparty with a copy of the Stipulated

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

specific description of the information requested; and

Nonparty, if requested.

11.3. Conditions of Production.

If the Nonparty fails to seek a protective order from this Court within

fourteen (14) days after receiving the notice and accompanying information, the

Receiving Party may produce the Nonparty’s confidential information responsive to

the discovery request. If the Nonparty timely seeks a protective order, the Receiving

Party shall not produce any information in its possession or control that is subject to

the confidentiality agreement with the Nonparty before a determination by the

Court. Absent a court order to the contrary, the Nonparty shall bear the burden and

expense of seeking protection in this Court of its Protected Material.

STIPULATED PROTECTIVE ORDER 17 Case No. 2:22-CV-04355-JFW-JEM

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12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

Protected Material to any person or in any circumstance not authorized under this

Stipulated Protective Order, the Receiving Party immediately must (1) notify in

writing the Designating Party of the unauthorized disclosures, (2) use its best efforts

to retrieve all unauthorized copies of the Protected Material, (3) inform the person

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

Stipulated Protective Order, and (4) request such person or persons to execute the

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

13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain

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

the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

Procedure 26(b)(5)(B) and as set forth in this Stipulated Protective Order. This

provision is not intended to modify whatever procedure may be established in an e-

discovery order that provides for production without prior privilege review. In

accordance with Federal Rule of Evidence 502(d), the attorney-client privilege or

work-product protection is not waived as a result of the disclosure of information in

connection with this litigation through inadvertence or error. Such production of

documents or information subject to attorney-client privilege, work-product

immunity, or any other applicable privilege shall not constitute a waiver of, nor a

prejudice to, any claim that such or related material is Protected Material, privileged

or protected by the work-product immunity or any other applicable privilege,

provided that the Producing Party notifies the Receiving Party in writing promptly

upon discovery of such information. Within five (5) business days of receiving such

notice, the Receiving Party shall return such information or documents or confirm in

writing that it has taken reasonable steps to permanently delete all electronic copies

STIPULATED PROTECTIVE ORDER 18 Case No. 2:22-CV-04355-JFW-JEM

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of such documents from electronic records and to destroy all paper copies. If the

Receiving Party has disclosed the information to others before being notified of the

claim of privilege or protection, the Receiving Party must take reasonable steps to

retrieve and return or destroy the disclosed information. No use shall be made of

such documents or information during deposition or at trial, nor shall such

documents or information be shown to anyone after the request that they be returned.

The Receiving Party may move the court for an order compelling production of such

information (based on information independent of the content of the allegedly

privileged materials in question), but the motion shall not assert as a ground for

production the fact or circumstances of the inadvertent production. If a claim is

disputed, the Receiving Party shall not use or disclose a document or information for

which a claim of privilege or immunity is made pursuant to this paragraph for any

purpose until the matter is resolved by agreement of the parties or by a decision of

this Court. If a party becomes aware that it has received documents that are clearly

privileged, the party receiving the privileged documents will promptly notify the

Producing Party of receipt of the documents and return or destroy all copies of the

privileged documents, if the Producing Party so requests within ten (10) business

days after being advised of the inadvertent production. If the Producing Party does

not request return or destruction of the identified privileged documents within this

ten (10) business day time period, the Producing Party will be deemed to have

waived the privilege, but only with respect to the specific documents identified.

14. MISCELLANEOUS

14.1. Right to Further Relief.

Nothing in this Stipulated Protective Order abridges the right of any person

to seek its modification by the Court in the future.

14.2. Right to Assert Other Objections.

By stipulating to the entry of this Stipulated Protective Order, no Party waives

any right it otherwise would have to object to disclosing or producing any

STIPULATED PROTECTIVE ORDER 19 Case No. 2:22-CV-04355-JFW-JEM

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information or item on any ground not addressed in this Stipulated Protective Order.

Similarly, no Party waives any right to object on any ground to use in evidence of

any of the material covered by this Stipulated Protective Order.

14.3. Filing Protected Material.

A Party that seeks to file any Protected Material must comply with L.R.

79-5.2.2(b) (“Documents Designated by Another as Confidential Pursuant to a

Protective Order”), A Party that seeks to make any filing under seal must comply

with Local Rule 79-5 and Section 9 of the Court’s Standing Order (Dkt. 14).

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

the sealing of the specific Protected Material at issue. If a Party’s request to file

Protected Material under seal is denied by the Court, then the Receiving Party may

file the information in the public record unless otherwise instructed by the Court.

14.4. Use of a Party’s Own Protected Material.

Nothing in this Stipulation and Protective Order restricts in any way a Party’s

use or disclosure of its own Protected Material.

14.5. No Presumption as to Confidentiality.

The fact that information is marked with a confidentiality designation under

the Protective Order shall not be deemed to be determinative of what a trier of fact

may determine to be confidential, proprietary, or a trade secret. The fact that any

information is disclosed used, or produced in this action with a confidentiality

designation shall not be offered in any action or proceeding before any court,

agency, or tribunal as evidence of or concerning whether or not such information is

admissible, confidential, or proprietary.

14.6. No Modification of Existing Rights.

This Protective Order shall not abrogate or diminish any contractual,

statutory, or other legal obligation or right of any Party or person with respect to

any Protected Material.

STIPULATED PROTECTIVE ORDER 20 Case No. 2:22-CV-04355-JFW-JEM

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15. FINAL DISPOSITION

Within sixty (60) days after the latest of any final disposition, as defined in

Section 5, above, of this action, each Receiving Party must return all Protected

Material to the Producing Party or destroy such material. As used in this subdivision,

“all Protected Material” includes all copies, abstracts, compilations, summaries, and

any other format reproducing or capturing any of the Protected Material. Whether

the Protected Material is returned or destroyed, the Receiving Party must submit a

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

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

Material that was returned or destroyed and (2) affirms that the Receiving Party has

not retained any copies, abstracts, compilations, summaries or any other format

reproducing or capturing any of the Protected Material. To the extent it is not

reasonably possible to destroy or return certain Protected Material in the possession

of a Receiving Party—such as information that may reside on Parties’ and Counsel’s

respective firms’ or other electronic disaster recovery systems that are overwritten in

the normal course of business, or information that may reside in electronic files

which are not reasonably accessible—such Receiving Party agrees to maintain the

confidentiality of such Protected Material and shall provide a written certification to

that effect.

Notwithstanding this provision, Parties and Counsel shall not be required to

delete information that may reside on their respective firms’ or other electronic

disaster recovery systems that are overwritten in the normal course of business, or

information that may reside in electronic files which are not reasonably accessible.

Counsel are entitled to retain archival copies of all pleadings; motion papers; trial,

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

and trial exhibits; expert reports, and associated exhibits, attorney work product,

and consultant and expert work product, even if such materials contain Protected

STIPULATED PROTECTIVE ORDER 21 Case No. 2:22-CV-04355-JFW-JEM

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Material. Any such archival copies that contain or constitute Protected Material

remain subject to this Stipulated Protective Order as set forth in Section 5, above.

16. VIOLATION

Any violation of this Stipulated Order may be punished by any and all

measures including, without limitation, contempt proceedings, default judgment,

and/or monetary sanctions of at least $10,000 for each violation against both the

Parties and Counsel.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

By: /s/ Eric Ball By: /s/ Louis W. Tompros

ERIC BALL (CSB No. 241327) Louis W. Tompros (pro hac vice)

eball@fenwick.com louis.tompros@wilmerhale.com

KIMBERLY CULP (CSB No. 238839) Monica Grewal (pro hac vice)

kculp@fenwick.com monica.grewal@wilmerhale.com

FENWICK & WEST LLP Scott W. Bertulli (pro hac vice)

801 California Street scott.bertulli@wilmerhale.com

Mountain View, CA 94041 WILMER CUTLER PICKERING

Telephone: 650.988.8500 HALE AND DORR LLP

Fax: 650.938.5200 60 State Street

Boston, MA 02109

ANTHONY M. FARES (CSB No. Telephone: (617) 526-6000

318065) Fax: (617) 526-5000

afares@fenwick.com

ETHAN M. THOMAS (CSB No. 338062) Henry Nikogosyan (SBN 326277)

ethomas@fenwick.com henry.nikogosyan@wilmerhale.com

FENWICK & WEST LLP WILMER CUTLER PICKERING

555 California Street, 12th Floor HALE AND DORR LLP

San Francisco, CA 94104 350 South Grand Ave., Suite 2400

Telephone: 415.875.2300 Los Angeles, CA 90071

Fax: 415.281.1350 Telephone: (213) 443-5300

Fax: (213) 443-5400

Attorneys for Yuga Labs, Inc.

Attorneys for Defendants

Ryder Ripps and Jeremy Cahen

Case 2:22-cv-04355-JFW-JEM Document 51 Filed 10/11/22 Page 22 of 23 Page ID #:1633

1 ATTESTATION OF CONCURRENCE IN FILING

2 Pursuant to the United States District Court for the Central District of

3|| California’s Civil L.R. 5-4.3.4(a)(2)(), Eric Ball attests that concurrence in the filing

4|| of this document has been obtained from Louis Tompros.

Dated: October 7, 2022 /s/ Eric Ball

Eric Ball

9] FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

i Webde

Dated: 10/11/22 Mo

12 norable John E. McDermott

43 United States Magistrate Judge

ze 14

E 15

STIPULATED PROTECTIVE ORDER 22 Case No. 2:22-CV-04355-JFW-JEM

STIPULATED PROTECTIVE ORDER 23 Case No. 2:22-CV-04355-JFW-JEM

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EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, [full name], of [address], declare under penalty of perjury that I have read

in its entirety and understand the Stipulated Protective Order that was issued by the

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

case of Yuga Labs, Inc. v. Ryder Ripps et al., Civil Action Case No. 2:22-cv-04355-

JFW-JEM. I agree to comply with and to be bound by all the terms of this

Stipulated Protective Order, and I understand and acknowledge that failure to so

comply could expose me to sanctions and punishment in the nature of contempt. I

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

that is subject to this Stipulated Protective Order to any person or entity except in

strict compliance with the provisions of this Stipulated Protective Order.

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

for the Central District of California for the purpose of enforcing the terms of this

Stipulated Protective Order, even if such enforcement proceedings occur after

termination of this action. I hereby appoint [full name] of [address and telephone

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

or any proceedings related to enforcement of this Stipulated Protective Order.

Signature:

Printed Name:

Date:

City and State Where Sworn and Signed:

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.