# Yuga Labs, Inc. v. Ripps

> District Court, C.D. California · October 11, 2022

URL: https://www.frixlaw.com/law-library/cases/9981368

## Case

- **Court:** District Court, C.D. California
- **Decided:** October 11, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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

PLL TSEW & KCIWNEF
WAL TA SYENROTTA

Case 2:22-cv-04355-JFW-JEM Document 51 Filed 10/11/22 Page 1 of 23 Page ID #:1612
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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STIPULATED PROTECTIVE ORDER 2 Case No. 2:22-CV-04355-JFW-JEM

PLL TSEW & KCIWNEF
WAL TA SYENROTTA

Case 2:22-cv-04355-JFW-JEM Document 51 Filed 10/11/22 Page 2 of 23 Page ID #:1613
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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STIPULATED PROTECTIVE ORDER 3 Case No. 2:22-CV-04355-JFW-JEM

PLL TSEW & KCIWNEF
WAL TA SYENROTTA

Case 2:22-cv-04355-JFW-JEM Document 51 Filed 10/11/22 Page 3 of 23 Page ID #:1614
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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STIPULATED PROTECTIVE ORDER 4 Case No. 2:22-CV-04355-JFW-JEM

PLL TSEW & KCIWNEF
WAL TA SYENROTTA

Case 2:22-cv-04355-JFW-JEM Document 51 Filed 10/11/22 Page 4 of 23 Page ID #:1615
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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STIPULATED PROTECTIVE ORDER 5 Case No. 2:22-CV-04355-JFW-JEM

PLL TSEW & KCIWNEF
WAL TA SYENROTTA

Case 2:22-cv-04355-JFW-JEM Document 51 Filed 10/11/22 Page 5 of 23 Page ID #:1616
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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STIPULATED PROTECTIVE ORDER 6 Case No. 2:22-CV-04355-JFW-JEM

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WAL TA SYENROTTA

Case 2:22-cv-04355-JFW-JEM Document 51 Filed 10/11/22 Page 6 of 23 Page ID #:1617
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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STIPULATED PROTECTIVE ORDER 7 Case No. 2:22-CV-04355-JFW-JEM

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WAL TA SYENROTTA

Case 2:22-cv-04355-JFW-JEM Document 51 Filed 10/11/22 Page 7 of 23 Page ID #:1618
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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STIPULATED PROTECTIVE ORDER 8 Case No. 2:22-CV-04355-JFW-JEM

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WAL TA SYENROTTA

Case 2:22-cv-04355-JFW-JEM Document 51 Filed 10/11/22 Page 8 of 23 Page ID #:1619
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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STIPULATED PROTECTIVE ORDER 9 Case No. 2:22-CV-04355-JFW-JEM

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Case 2:22-cv-04355-JFW-JEM Document 51 Filed 10/11/22 Page 9 of 23 Page ID #:1620
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.
(c) For information produced in an electronic form with a load file,
the Designating Party shall note the degree of confidentiality of the Protected
Material in the load file.
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STIPULATED PROTECTIVE ORDER 10 Case No. 2:22-CV-04355-JFW-JEM

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Case 2:22-cv-04355-JFW-JEM Document 51 Filed 10/11/22 Page 10 of 23 Page ID #:1621
(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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STIPULATED PROTECTIVE ORDER 11 Case No. 2:22-CV-04355-JFW-JEM

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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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STIPULATED PROTECTIVE ORDER 12 Case No. 2:22-CV-04355-JFW-JEM

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(c) Experts of the Receiving Party (1) to whom disclosure is
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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STIPULATED PROTECTIVE ORDER 13 Case No. 2:22-CV-04355-JFW-JEM

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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.
(c) Experts of the Receiving Party (1) to whom disclosure is
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
(c) Cooperate with respect to all reasonable procedures sought to be
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
(c) Make the information requested available for inspection by the
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.
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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
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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
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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.
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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
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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.
10
i Webde
Dated: 10/11/22 Mo
12 norable John E. McDermott
43 United States Magistrate Judge
zi
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STIPULATED PROTECTIVE ORDER 22 Case No. 2:22-CV-04355-JFW-JEM

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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:

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9981368. Public record. Not legal advice.