BLOOM v. Zuffa, LLC, No. 2:2022cv00412 - Document 36 (D. Nev. 2022)

Court Description: ORDER Granting 35 Stipulated Protective Order. Signed by Magistrate Judge Brenda Weksler on 7/26/2022. (Copies have been distributed pursuant to the NEF - YAW)

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BLOOM v. Zuffa, LLC Doc. 36 Case 2:22-cv-00412-RFB-BNW Document 35 Filed 07/22/22 Page 1 of 15 1 2 3 4 5 MARKMAN LAW DAVID MARKMAN (Nevada Bar. No. 12440) David@Markmanlawfirm.com 4484 S. Pecos Rd. Suite #130 Las Vegas NV 89121 Telephone: 702-843-5899 Facsimile: 702-843-6010 11 GUTRIDE SAFIER LLP SETH A. SAFIER (admitted pro hac vice) seth@gutridesafier.com MARIE A. MCCRARY (admitted pro hac vice) marie@gutridesafier.com HAYLEY REYNOLDS (admitted pro hac vice) hayley@gutridesafier.com KALI BACKER (admitted pro hac vice) kali@gutridesafier.com 100 Pine Street, Suite 1250 San Francisco, CA 94111 Telephone: (415) 336-6545 Facsimile: (415) 449-6469 12 Attorneys for Plaintiff 6 7 8 9 10 13 CAMPBELL & WILLIAMS J. COLBY WILLIAMS, ESQ. (Nevada Bar No. 5549) jcw@cwlawlv.com 710 South Seventh Street, Suite A Las Vegas, Nevada 89101 Telephone: (702) 382-5222 Facsimile: (702) 382-0540 WILSON SONSINI GOODRICH & ROSATI Professional Corporation VICTOR JIH (admitted pro hac vice) vjih@wsgr.com SUSAN K. LEADER (admitted pro hac vice) sleader@wsgr.com ALI RABBANI (admitted pro hac vice) arabbani@wsgr.com STEPHANIE V. BALITZER (admitted pro hac vice) sbalitzer@wsgr.com 633 West Fifth Street, Suite 1550 Los Angeles, CA 90071-2027 Telephone: (323) 210-2900 Facsimile: (866) 974-7329 Attorneys for Defendant Zuffa, LLC 14 15 UNITED STATES DISTRICT COURT 16 DISTRICT OF NEVADA 17 18 19 EVERETT BLOOM, on behalf of himself, and those similarly situated, 20 Plaintiff, 21 v. 22 ZUFFA, LLC, 23 CASE NO. 2:22-cv-00412-RFB-BNW [PROPOSED] STIPULATED PROTECTIVE ORDER Hon. Richard F. Boulware Defendant. 24 25 26 27 28 [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 2:22-CV-00412-RFB-BNW Dockets.Justia.com Case 2:22-cv-00412-RFB-BNW Document 35 Filed 07/22/22 Page 2 of 15 1 1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of confidential, 2 3 proprietary, or private information for which special protection from public disclosure and from use for 4 any purpose other than prosecuting this litigation may be warranted. Accordingly, Plaintiff Everett 5 Bloom and Defendant Zuffa, LLC (collectively, the “Parties”) hereby stipulate (“Stipulation”) to and 6 request that the Court enter the following Stipulated Protective Order (“Order”). The Parties 7 acknowledge that this Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to confidential treatment under the applicable legal principles. The 10 Parties further acknowledge, as set forth in Paragraph 12.4, below, that this Order does not entitle them to 11 file confidential information under seal; Local Rule IA 10-5 sets forth the procedures that must be 12 followed and the standards that will be applied when a Party seeks permission from the Court to file 13 material under seal. 14 2. 15 16 17 18 19 DEFINITIONS 2.1 Action: this pending federal lawsuit, Everett Bloom v. Zuffa, LLC, Case No. 2:22-cv- 00412-RFB-BNW (D. Nev.). 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is 20 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 21 Civil Procedure 26(c). 22 23 24 2.4 Counsel (without qualifier): Outside Counsel of Record and In-House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or items that it 25 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY 26 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 27 28 2.6 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 1 [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 2:22-CV-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 35 Filed 07/22/22 Page 3 of 15 1 tangible things), that are produced or generated in disclosures or responses to discovery in this matter, 2 including but not limited to, answers to interrogatories, responses to requests for production, responses to 3 requests for admission, and transcripts of depositions and hearings (or portions of such transcripts). 2.7 4 Expert: a person with specialized knowledge or experience in a matter pertinent to the 5 litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a 6 consultant in this Action, (2) is not a past or current employee of a Party or of a Party’s competitor, 7 and (3) at the time of retention, is not anticipated to become an employee of a Party or of a Party’s 8 competitor. 2.8 9 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items: 10 extremely sensitive “Confidential Information or Items,” disclosure of which to another Party or Non- 11 Party would create a substantial risk of serious harm that could not be avoided by less restrictive 12 means. 13 14 15 16 17 2.9 In-House Counsel: attorneys who are employees of a Party to this Action. In-House Counsel does not include Outside Counsel of Record or any other outside counsel. 2.10 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this Action. 2.11 Outside Counsel of Record: attorneys who are not employees of a Party to this Action 18 but are retained to represent or advise a Party to this Action and have appeared in this Action on behalf 19 of that Party or are affiliated with a law firm which has appeared on behalf of that Party. 20 21 2.12 Party: any Party to this Action, including all of its officers, directors, employees, consultants, Experts, and Outside Counsel of Record (and their support staffs). 22 2.13 Producing Party: a Party or Non-Party that produces Discovery Material in this Action. 23 2.14 Professional Vendors: persons or entities that provide litigation support services (e.g., 24 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, 25 or retrieving data in any form or medium) to a Party and their employees and subcontractors. 26 27 28 2.15 Protected Material: any Discovery Material that is designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 2.16 Receiving Party: a Party that received Discovery Material from a Producing Party. 2 [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 2:22-CV-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 35 Filed 07/22/22 Page 4 of 15 1 3. 2 SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as 3 defined above), but also (1) any information copied or extracted from Protected Material; (2) all 4 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 5 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 6 However, the protections conferred by this Stipulation and Order do not cover the following 7 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 8 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 9 publication not involving a violation of this Order, including becoming part of the public record 10 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 11 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 12 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 13 Protected Material at trial shall be governed by a separate agreement or order of the trial judge. 14 4. 15 DURATION Even after final disposition of this Action, the confidentiality obligations imposed by this Order 16 shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise 17 directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in 18 this Action, with or without prejudice; and (2) final judgment herein after the completion and 19 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, including the time 20 limits for filing any motions or applications for extension of time pursuant to applicable law. This 21 Court will retain and shall have continuing jurisdiction over the Parties and recipients of Protected 22 Material for enforcement of this Order. 23 5. 24 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 25 Non-Party that designates information or items for protection under this Order must take care to limit 26 any such designation to specific material that qualifies under the appropriate standards. Mass, 27 indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly 28 unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard 3 [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 2:22-CV-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 35 Filed 07/22/22 Page 5 of 15 1 the case development process or to impose unnecessary expenses and burdens on other Parties) expose 2 the Designating Party to sanctions. If it comes to a Designating Party’s attention that information or 3 items that it designated for protection do not qualify for protection, that Designating Party must 4 promptly notify all other Parties that it is withdrawing the mistaken designation. 5 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, 6 e.g., Paragraph 5.2(b) below), or as otherwise stipulated or ordered, Discovery Material that qualifies 7 for protection under this Order must be clearly so designated before the material is disclosed or 8 produced. 9 Designation in conformity with this Order requires: (a) For information in documentary form (e.g., paper or electronic documents, but 10 11 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 12 affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 13 ONLY” to each page that contains protected material or to the cover page of bound or grouped 14 material. 15 (b) For testimony given in deposition or in other pretrial or trial proceedings, that the 16 Designating Party identify on the record, before the close of the deposition, hearing, or other 17 proceeding, or within thirty (30) days of receipt of the deposition, hearing, or other proceeding 18 transcript from the court reporter (“30-day period”), all protected testimony. The entire transcript will 19 be considered by the Parties as “CONFIDENTIAL” during the 30-day period. After the 30-day 20 period, if no Party has designated some or all of that transcript as “CONFIDENTIAL” or “HIGHLY 21 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under this Order, the entire transcript, or those 22 portions of the transcript not designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 23 ATTORNEYS’ EYES ONLY,” will no longer be considered Protected Material. 24 Transcripts containing Protected Material shall affix the legend “CONFIDENTIAL” or 25 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to the title page, and the title page 26 shall be followed by a list of all pages (including line numbers as appropriate) that have been 27 designated as Protected Material and the level of protection being asserted by the Designating Party. 28 (c) For information produced in some form other than documentary and for any other 4 [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 2:22-CV-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 35 Filed 07/22/22 Page 6 of 15 1 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 2 containers in which the information or item is stored the legend “CONFIDENTIAL” or “HIGHLY 3 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 5.3 4 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 5 designate qualified information or items does not, standing alone, waive the Designating Party’s right 6 to secure protection under this Order for such material. Upon timely correction of a designation, the 7 Receiving Party must make reasonable efforts to assure that the material is treated in accordance with 8 the provisions of this Order. 9 6. 10 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 11 confidentiality at any time that is consistent with the Court’s Scheduling Order. Unless a prompt 12 challenge to a Designating Party’s confidentiality designation is necessary to avoid foreseeable, 13 substantial unfairness, unnecessary economic burdens, or a significant disruption or delay of the 14 litigation, a Party does not waive its right to challenge a confidentiality designation by electing not to 15 mount a challenge promptly after the original designation is disclosed. 16 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by 17 providing written notice of each designation it is challenging and describing the basis for each 18 challenge. The Parties shall attempt to resolve each challenge in good faith and must meet and confer 19 directly (in voice to voice dialogue; other forms of communication are not sufficient) within 14 days 20 of the date of service of notice. 21 6.3 Judicial Intervention. If the Meet and Confer does not resolve the Parties’ dispute as to 22 the at-issue designations, the challenge may be submitted to the Court pursuant to LR 26-6. The 23 burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous 24 challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary expenses 25 and burdens on the other Parties) may expose the Challenging Party to sanctions. Unless the 26 Designating Party has expressly waived the confidentiality designation, all Parties shall continue to 27 afford the material in question the level of protection to which it is entitled under the Designating 28 Party’s designation until the Court rules on the challenge. 5 [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 2:22-CV-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 35 Filed 07/22/22 Page 7 of 15 1 2 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 3 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 4 defending, or attempting to settle this Action. Such Protected Material may be disclosed only to the 5 categories of persons and under the conditions described in this Order. When the litigation has been 6 terminated, a Receiving Party must comply with the provisions of Paragraph 13 below (FINAL 7 DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a location 8 and in a secure manner that ensures that access is limited to the persons authorized under this Order. 9 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by 10 the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any 11 information or item designated “CONFIDENTIAL” only to the following individuals under the 12 following conditions: 13 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 14 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 15 information for this litigation; 16 (b) The Parties and the officers, directors, and employees (including In-House Counsel) 17 of the Receiving Party who are assisting with or making decisions concerning this Action, to the 18 extent such disclosure is reasonably necessary for the purpose of assisting in the prosecution or 19 defense of this Action and in accordance with this Order; 20 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 21 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to 22 Be Bound” (Exhibit A); 23 (d) the Court and its personnel; 24 (e) court reporters, videographers, and their staff; 25 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to 26 whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment 27 and Agreement to Be Bound” (Exhibit A); 28 (g) during their depositions, witnesses in the Action may be shown or examined on any 6 [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 2:22-CV-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 35 Filed 07/22/22 Page 8 of 15 1 information, document or thing designated “CONFIDENTIAL” if it appears that the witness authored 2 or received a copy of it, was involved in the subject matter described therein, or was employed by the 3 Designating Party at the time the information, document or thing was created, or if the Designating 4 Party consents to such disclosure, provided that any witness who is no longer employed by the 5 Designating Party shall be first required to sign the Acknowledgment and Agreement to Be Bound” 6 (Exhibit A); and (h) any mediator or settlement officer, and their supporting personnel, mutually agreed 7 8 upon by the Parties engaged in settlement discussions. 7.3 9 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 10 Information or Items. Unless otherwise ordered by the Court or permitted in writing by the 11 Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY 12 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to the following individuals under the 13 following conditions: (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 14 15 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 16 information for this litigation;1 (b) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for 17 18 this litigation, (2) who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 19 and (3) as to whom the procedures set forth in paragraph 7.4(a)(2), below, have been followed; 20 (c) the Court and its personnel; 21 (d) court reporters, videographers, and their staff to whom disclosure is reasonably 22 necessary for this litigation; (e) professional jury or trial consultants, mock jurors, and Professional Vendors to 23 24 whom disclosure is reasonably necessary for this litigation and who have signed the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and 26 27 28 1 Plaintiff’s counsel may request to disclose specific information or items designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by a Designating Party to Plaintiff. The Parties agree to meet and confer in good faith to discuss any such requests. 7 [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 2:22-CV-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 35 Filed 07/22/22 Page 9 of 15 (f) the author or recipient of a document containing the information or a custodian or 1 2 other person who otherwise possessed or knew the information. 7.4 3 4 Procedures for Approving or Objecting to Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to Experts. (a) Unless otherwise ordered by the Court or agreed to in writing by the Designating 5 6 Party, a Party that seeks to disclose to an Expert (as defined in this Order) any information or item that 7 has been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to 8 Paragraph 7.3(b) first must make a written disclosure to the Designating Party that (1) identifies the 9 general categories of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information that 10 the Receiving Party seeks permission to disclose to the Expert, (2) sets forth the full name of the 11 Expert and the city and state of his or her primary residence, (3) attaches a copy of the Expert’s current 12 resume, (4) identifies the Expert’s current employer(s), (5) identifies each person or entity from whom 13 the Expert has received compensation or funding for work in his or her areas of expertise or to whom 14 the expert has provided professional services, including in connection with a litigation, at any time 15 during the preceding five years,2 and (6) identifies (by name and number of the case, filing date, and 16 location of court) any litigation in connection with which the Expert has offered expert testimony, 17 including through a declaration, report, or testimony at a deposition or trial, during the preceding five 18 years. (b) A Party that makes a request and provides the information specified in the preceding 19 20 respective paragraphs may disclose the subject Protected Material to the identified Expert unless, 21 within 14 days of delivering the request, the Party receives a written objection from the Designating 22 Party. Any such objection must set forth in detail the grounds on which it is based. (c) A Party that receives a timely written objection must meet and confer with the 23 24 Designating Party (through direct voice to voice dialogue) to try to resolve the matter by agreement 25 26 27 28 2 If the Expert believes any of this information is subject to a confidentiality obligation to a third-party, then the Expert should provide whatever information the Expert believes can be disclosed without violating any confidentiality agreements, and the Party seeking to disclose to the Expert shall be available to meet and confer with the Designating Party regarding any such engagement. 8 [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 2:22-CV-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 35 Filed 07/22/22 Page 10 of 15 1 within seven days of the written objection. If no agreement is reached, the Party seeking to prevent 2 the disclosure to the Expert must file a motion pursuant to LR 26-6 seeking a protective order. Any 3 such motion must describe the circumstances with specificity, set forth in detail the reasons why the 4 disclosure to the Expert is unreasonable, assess the risk of harm that the disclosure would entail, and 5 suggest any additional means that could be used to reduce that risk. In addition, any such motion must 6 be accompanied by a competent declaration describing the Parties’ efforts to resolve the matter by 7 agreement (i.e., the extent and the content of the meet and confer discussions) and setting forth the 8 reasons advanced by the Designating Party for its refusal to approve the disclosure. In any such proceeding, the Party opposing disclosure to the Expert shall bear the 9 10 burden of proving that the risk of harm that the disclosure would entail (under the safeguards 11 proposed) outweighs the Receiving Party’s need to disclose the Protected Material to its Expert. 12 8. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Receiving Party is served with a subpoena or a court order issued in other litigation that would compel disclosure of any information or items designated in this Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” the Receiving Party must: (a) promptly notify in writing the Designating Party (by email, if possible). Such notification must 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 Order. Such notification shall include a copy of this 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 timely3 seeks a protective order, the Receiving Party served with the subpoena or court order shall not produce any information designated in this Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a 27 28 3 The Designating Party shall have at least 14 days from the service of the notification pursuant to Section 8(a) to seek a protective order. 9 [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 2:22-CV-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 35 Filed 07/22/22 Page 11 of 15 1 determination by the court from which the subpoena or order issued, unless the Receiving Party has 2 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 3 expense of seeking protection in that court of its confidential material – and nothing in these 4 provisions should be construed as authorizing or encouraging a Receiving Party in this Action to 5 disobey a lawful directive from another court. 6 9. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. (b) In the event that a Party is required, by a valid discovery request, to produce a Non- Party’s confidential information in its possession, and the Party is subject to an agreement with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality agreement with a Non- Party; (2) promptly provide the Non-Party with a copy of the Order in this litigation, the relevant discovery request(s), and a reasonably specific description of the information requested; and (3) make the information requested available for inspection by the Non-Party. (c) If the Non-Party fails to object or seek a protective order from this Court within 14 days of receiving the notice and accompanying information, the Receiving Party may produce the Non- Party’s confidential information responsive to the discovery request. If the Non-Party 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 Non-Party before determination by the 28 10 [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 2:22-CV-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 35 Filed 07/22/22 Page 12 of 15 1 Court.4 Absent a Court order to the contrary, the Non-Party shall bear the burden and expense of 2 seeking protection in this court of its Protected Material. 3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 4 5 Material to any person or in any circumstance not authorized under this Order, the Receiving Party 6 must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) 7 use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 8 person or persons to whom unauthorized disclosures were made of all the terms of this Order, and 9 (d) request such person or persons to execute the “Acknowledgement and Agreement to Be 10 Bound” that is attached hereto as Exhibit A. 11 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pursuant to Rules 502(d) and (e) of the Federal Rules of Evidence, the production of a privileged or work-product-protected document is not a waiver of privilege or protection from discovery in this case or in any other federal or state proceeding. A Producing Party may assert privilege or protection over produced documents at any time by notifying the Receiving Party in writing of the assertion of privilege or protection. Pursuant to Federal Rule of Civil Procedure 26(b)(5)(B), after being notified, a Receiving Party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. 12. 28 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 26 27 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 4 The purpose of this provision is to alert the interested parties to the existence of confidentiality rights of a Non-Party and to afford the Non-Party an opportunity to protect its confidentiality interests in this Court. 11 [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 2:22-CV-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 35 Filed 07/22/22 Page 13 of 15 1 no Party waives any right it otherwise would have to object to disclosing or producing any 2 information or item on any ground not addressed in this Order. Similarly, no Party waives any 3 right to object on any ground to use in evidence of any of the material covered by this Order. 4 12.3 No Agreement Concerning Discoverability. The identification or agreed upon 5 treatment of certain types of Discovery Material does not reflect agreement by the Parties that the 6 disclosure of such categories of Discovery Material is required or appropriate in this Action. The 7 Parties reserve the right to argue that any particular category of Discovery Material should not be 8 produced. 12.4 No Modification of Privileges. Nothing in this Order shall modify the law regarding 9 10 the attorney-client privilege, the attorney work product doctrine, the joint defense privilege, and 11 any other applicable privilege. 12 12.5 Filing Protected Material. Without written permission from the Designating Party or 13 a Court order secured after appropriate notice to all interested persons, a Party may not file in the 14 public record in this Action any Protected Material. A Party that seeks to file under seal any 15 Protected Material must comply with Local Rule IA 10-5. 16 13. 17 FINAL DISPOSITION Unless otherwise ordered or agreed in writing by the Producing Party, within sixty (60) 18 days after the final disposition of this Action, as defined in Paragraph 4, above, each Receiving 19 Party must return all Protected Material to the Producing Party or destroy such material. As used 20 in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 21 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 22 the Protected Material is returned or destroyed, the Receiving Party must submit a written 23 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 24 by the sixty (60) day deadline that (1) identifies (by category, where appropriate) all the Protected 25 Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained 26 any copies, abstracts, compilations, summaries or any other format reproducing or capturing any of 27 the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival 28 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 12 [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 2:22-CV-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 35 Filed 07/22/22 Page 14 of 15 1 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 2 and expert work product, even if such materials contain Protected Material. Any such archival 3 copies that contain or constitute Protected Material remain subject to this Protective Order as set 4 forth in Paragraph 4 (DURATION), above. 5 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 8 Dated: July 22, 2022 9 10 11 12 13 14 _/s/Anthony J. Patek___________________ GUTRIDE SAFIER LLP Seth Safier (admitted pro hac vice) Marie A. McCrary (admitted pro hac vice) Hayley Reynolds (admitted pro hac vice) Kali Backer (admitted pro hac vice) 100 Pine Street, Suite 1250 San Francisco, CA 94111 Telephone: (415) 639-9090 Facsimile: (415) 449-6469 15 16 Attorneys for Plaintiff 17 18 __/s/Ali Rabbani____________________ WILSON SONSINI GOODRICH & ROSATI Professional Corporation VICTOR JIH (admitted pro hac vice) vjih@wsgr.com SUSAN K. LEADER (admitted pro hac vice) sleader@wsgr.com ALI RABBANI (admitted pro hac vice) arabbani@wsgr.com STEPHANIE V. BALITZER (admitted pro hac vice) sbalitzer@wsgr.com 633 West Fifth Street, Suite 1550 Los Angeles, CA 90071-2027 Telephone: (323) 210-2900 Facsimile: (866) 974-7329 CAMPBELL & WILLIAMS J. Colby Williams, Esq. (Nevada Bar No. 5549) 710 South Seventh Street, Suite A Las Vegas, Nevada 89101 Telephone: (702) 382-5222 Facsimile: (702) 382-0540 19 20 21 22 Attorneys for Defendant Zuffa, LLC 23 24 25 26 27 28 ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. IT IS SO ORDERED DATED: 3:53 pm, July 26, 2022 Dated: Richard F. Boulware, II BRENDA WEKSLER United States District JudgeMAGISTRATE JUDGE UNITED STATES 13 [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 2:22-CV-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 35 Filed 07/22/22 Page 15 of 15 1 EXHIBIT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND I, ___________________________[print or type full name], of 3 4 ___________________________________[print or type full address], declare under penalty of 5 perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued 6 by the United States District Court for Nevada on ___________________, in the case of Everett 7 Bloom v. Zuffa, LLC, Case No. 2:22-cv-00412-RFB-BNW (D. Nev.). I agree to comply with and to be 8 bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that 9 failure to so comply could expose me to sanctions and punishment in the nature of contempt. I 10 solemnly promise that I will not disclose in any manner any information or item that is subject to this 11 Stipulated Protective Order to any person or entity except in strict compliance with the provisions of 12 this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for 14 Nevada for the purpose of enforcing the terms of this Stipulated Protective Order, even if such 15 enforcement proceedings occur after termination of this Action. 16 I hereby appoint _________________________ [print or type full name] of 17 ___________________________________[print or type full address and telephone number] as my 18 Nevada agent for service of process in connection with this Action or any proceedings related to 19 enforcement of this Stipulated Protective Order. 20 21 Date: ______________________ 22 City and State where sworn and signed: ________________________ 23 Printed Name: ____________________________________________ 24 Signature: _______________________________________________ 25 26 27 28 14 [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 2:22-CV-00412-RFB-BNW

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