Stipulation and OrderCal. Super. - 6th Dist.November 23, 2020EFS-020 ATTORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR N04 154553/300759/31291 3 FOR COURT USE ONLY NAME: Gregory Tenhoff/Helen Luu/Joshua Elefant FIRM NAME: Cooley LLP STREET ADDRESS 31 75 Hanover Street CITY. Palo Alto STATE; cA ZIP CODE: 94304-1 130 TELEPHONE No; (650) 843-5000 FAX NO: (650) 849-7400 on 2/4/2021 1 1 :1 7 AM E-MAILADDRESS tenhoffgc@coolev.com; hluu@coolev.com; ielefant@coolev.com Reviewed By. F Miller ATTORNEY F0R(name): Defendants Roku, |nc., Long-Ji Lin ' ' Jase #20CV373940 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA E I _ 5778864STREET ADDRESS: 191 N. First Street nve Ope- MAILING ADDRESS: 191 N. First Street CITY AND zIP CODE: San Jose, CA 951 13 BRANCH NAME: Downtown San Jose CASE NUMBER: PLAINTIFF/PETITIONER: J DOE 20CV373940 DEFENDANT/RESPONDENT: ROKU, |NC., LONG-Jl LIN, et al. JUDICIALOFF'CER= OTHER: DEPT. PROPOSED ORDER (COVER SHEET) NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. ‘1. Name of the party submitting the proposed order: Defendants Roku, |nc., Long-Ji Lin 2- Title of the proposed order: Stipulated Protective Order and Order Thereon 3. The proceeding to which the proposed order relates is: a. Description of proceeding: b. Date and time: c. Place: 4. The proposed order was served on the other parties in the case. Josh ua E. Elefant } (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Page1 of 2 Form Adopted for Mandatory Use PROPOSED ORDER (COVER SHEET) Cal. Rules of Court, Judicial Council of California _ _ _ rules 2.252, 3,1312 EFsmo [Rev‘ February 1, 2017] (Electronlc Flllng) wwwcourts cagov American LegalNet, Inc. I www.FormsWorkFlow.com l EFS-020 CASE NAME: CASE NUMBER: J DOE v. ROKU, |NC., LONG-JI LIN, et al. 20CV373940 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. | am at least 18 years old and not a party to this action. a- My residence or business address is (specify): b. My electronic service address is (specify): 2_ | electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name ofperson served) (If the person sen/ed is an attorney, the pan‘y or parties represented should also be stated): b. To (electronic service address ofperson served): C. On (date): E Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) EFS-020[Rev, February 1, 2017] PROPOSED ORDER (COVER SHEET) Page20f2 (Electronic Filing) American LegnlNet, Inc. www F9rmsW9rkFlow.com DocuSign Envelope ID: E72COA1 7-39ED-42D0-ABOS-EBAF83568AA5 COOLEY LLP AmRNEYs AT LAW PAM) ALTO \OOONONUIL 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP GREGORY C. TENHOFF (154553) (tenhoffgc@cooley.com) HELEN LUU (300759) (hluu@cooley.com) JOSHUA E. ELEFANT (3 12913) (jelefant@cooley.com) 3 1 75 Hanover Street Palo Alto, California 94304-1 130 Telephone: +1 650 843 5000 Facsimile: +1 650 849 7400 Attorneys for Defendants Roku, Inc. and Long-Ji Lin SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA J DOE, as an individual, Case No. 20CV373940 Plaintiff, STIPULATED PROTECTIVE ORDER AND ORDER THEREON V. ROKU, INC., a Delaware corporation; LONG-JI LIN, an individual, and DOES 1 Date Action Filed: November 23, 2020 through 50, inclusive, Defendants. I. STIPULATION. WHEREAS, in the course of this litigation disclosure may be sought of information which a Party regards as being confidential, such as communications protected by the attorney client privilege and/or work product doctrine, trade secret and/or confidential business information/proprietary information; and WHEREAS, the Parties hereto desire to establish a mechanism to protect the disclosure of such confidential information in this litigation. IT Is HEREBY STIPULATED by and between the Parties hereto, by and through their respective counsel of record, that in order t0 facilitate the exchange 0f information and documents which may be subject t0 confidentiality limitations on disclosure due t0 federal laws, state laws, and privacy rights, the Parties stipulate as follows: 240576886 v1 STIPULATED PROTECTIVE ORDER AND ORDER THEREON, CASE No. 20CV373940 Filed February 17, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 20CV373940 By: rburciaga Signed: 2/17/2021 02:23 PM DocuSign Envelope ID: E7200A1 7-39ED-42D0-ABOG-EBAF83568AA5 COOLEY LLP ATTORNHS AT LAW PALo ALTO AWN \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. In this Stipulation and Protective Order, the words set forth below shall have the following meanings: a. “Proceeding” means the above-entitled proceeding Case No. 20CV373940. b. “Court” means any judge t0 whom this Proceeding may be assigned, including Court staff participating in such proceedings. c. “Confidential” means any information which the Party believes in good faith to constitute, contain, reveal or reflect confidential, trade secret, and/or proprietary information, including, but not limited to, privileged communications and/or attorney work product, proprietary financial, business 0r technical information, and sensitive medical information. In addition, from the date the Protective Order is signed by the parties until the date that the Court issues an order regarding Plaintiff’s ability to proceed under a pseudonym in this litigation, “Confidential” shall also mean Plaintiff’s true name. If the Court denies Plaintiff’s forthcoming motion to proceed under a pseudonym, then her true name shall not be considered “Confidential” under the terms of this Protective Order; and, conversely, if the Court grants Plaintiff’s motion to proceed under a pseudonym, then Plaintiff’s true name shall be considered “Confidential” under the terms of this Protective Order. d. “Confidential Materials” means any Documents, Testimony or Information as defined below designated as “Confidential” pursuant to the provisions of this Stipulation and Protective Order. e. “Designating Party” means the Party that designates Materials as “Confidential.” f. “Disclose” or “Disclosed” or “Disclosure” means to reveal, divulge, give, or make available Materials, or any part thereof, or any information contained therein. g. “Documents” means (i) any “Writing,” “Original,” and “Duplicate” as those terms are defined by California Evidence Code Sections 250, 255, and 260, Which have been produced in discovery in this Proceeding by any person, and (ii) any copies, reproductions, or summaries of all 0r any part of the foregoing. h. “Information” means the content of Documents or Testimony. -2- STIPULATED PROTECTIVE ORDER AND ORDER THEREON, CASE No. 20CV373940 DocuSign Envelope ID: E7200A1 7-39ED-42D0-ABOG-EBAF83568AA5 COOLEY LLP ATTORNHS AT LAW PALo ALTO AWN \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i. “Testimony” means all depositions, declarations or other testimony taken or used in this Proceeding. 2. The Designating Party shall have the right to designate as “Confidential” any Documents, Testimony or Information that the Designating Party in good faith believes to contain non-public information that is entitled to confidential treatment under applicable law. 3. The entry of this Stipulation and Protective Order does not alter, waive, modify, or abridge any right, privilege or protection otherwise available to any Party With respect to the discovery of matters, including but not limited to any Party’s right to assert the attorney-client privilege, the attorney work product doctrine, or other privileges, 0r any Party’s right to contest any such assertion. 4. Any Documents, Testimony or Information to be designated as “Confidential” must be clearly so designated before the Document, Testimony or Information is Disclosed or produced. The “Confidential” designation should not obscure or interfere with the legibility of the designated Information. a. For Documents (apart from transcripts ofdepositions or other pretrial or trial proceedings), the Designating Party must affix the legend “Confidential” 0n each page 0f any Document containing such designated Confidential Material. b. For Testimony given in depositions the Designating Party may either: i. identify on the record, before the close of the deposition, all “Confidential” Testimony, by specifying all portions of the Testimony that qualify as “Confidential;” or ii. designate the entirety 0f the Testimony at the deposition as “Confidential” (before the deposition is concluded) with the right to identify more specific portions of the Testimony as to Which protection is sought within 3O days following receipt ofthe deposition transcript. In circumstances Where portions of the deposition Testimony are designated for protection, the transcript pages containing “Confidential” Information may be separately bound by the court reporter, Who must affix to the top of each page the legend “Confidential,” as instructed by the Designating Party. - 3 _ STIPULATED PROTECTIVE ORDER AND ORDER THEREON, CASE No. 20CV373940 DocuSign Envelope ID: E7200A1 7-39ED-42D0-ABOG-EBAF83568AA5 COOLEY LLP ATTORNHS AT LAW PALo ALTO AWN \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. For Information produced in some form other than Documents, and for any other tangible items, including, without limitation, compact discs or DVDs, the Designating Party must affix in a prominent place on the exterior of the container or containers in which the Information or item is stored the legend “Confidential.” If only portions of the Information or item warrant protection, the Designating Party, t0 the extent practicable, shall identify the “Confidential” portions. 5. The inadvertent production by any of the undersigned Parties or non-Parties to the Proceedings of any Document, Testimony 0r Information during discovery in this Proceeding without a “Confidential” designation, shall be without prejudice to any claim that such item is “Confidential” and such Party shall not be held to have waived any rights by such inadvertent production. In the event that any Document, Testimony or Information that is subject t0 a “Confidential” designation is inadvertently produced Without such designation, the Party that inadvertently produced the document shall give written notice of such inadvertent production within twenty (20) days of discovery of the inadvertent production, together with a further copy 0f the subject Document, Testimony or Information designated as “Confidential” (the “Inadvertent Production Notice”). Upon receipt of such Inadvertent Production Notice, the Party that received the inadvertently produced Document, Testimony or Information shall promptly destroy the inadvertently produced Document, Testimony or Information and all copies thereof, 0r, at the expense of the producing Palty, return such together with all copies of such Document, Testimony or Information to counsel for the producing Party and shall retain only the “Confidential” designated Materials. Should the receiving Party choose to destroy such inadvertently produced Document, Testimony 0r Information, the receiving Party shall notify the producing Party in writing of such destruction within ten (10) days of receipt of written notice of the inadvertent production. This provision is not intended to apply to any inadvertent production 0f any Information protected by attorney-client 0r work product privileges. In the event that this provision conflicts with any applicable law regarding waiver of confidentiality through the inadvertent production of Documents, Testimony 0r Information, such law shall govern. 6. In the event that counsel for a Party receiving Documents, Testimony or Information -4- STIPULATED PROTECTIVE ORDER AND ORDER THEREON, CASE No. 20CV373940 DocuSign Envelope ID: E7200A1 7-39ED-42D0-ABOG-EBAF83568AA5 COOLEY LLP ATTORNHS AT LAW PALo ALTO AWN \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in discovery designated as “Confidential” objects to such designation With respect to any or all of such items, said counsel shall advise counsel for the Designating Party, in writing, of such objections, the specific Documents, Testimony or Information to which each objection pertains, and the specific reasons and support for such objections (the “Designation Objections”). Counsel for the Designating Party shall have thirty (30) days from receipt 0f the written Designation Objections t0 either (a) agree in writing t0 de-designate Documents, Testimony or Information pursuant to any or all ofthe Designation Objections; and/or (b) file a motion With the Court seeking to uphold any or all designations on Documents, Testimony or Information addressed by the Designation Objections (the “Designation Motion”). Pending a resolution 0f the Designation Motion by the Court, any and all existing designations on the Documents, Testimony or Information at issue in such Motion shall remain in place. The Designating Party shall have the burden on any Designation Motion of establishing the applicability of its “Confidential” designation. In the event that the Designation Objections are neither timely agreed to nor timely addressed in the Designation Motion, then such Documents, Testimony or Information shall be de-designated in accordance with the Designation Objection applicable to such material. 7. Access to and/or Disclosure of Confidential Materials designated as “Confidential” shall be permitted only to the following persons: a. the Court; b. the Parties, which for entity parties shall be limited to those employees of the party who have a reasonable good faith need to know the information for the purposes of this specific Proceeding; c. the Attorneys of record in the Proceedings and their affiliated attorneys, paralegals, clerical and secretarial staff employed by such attorneys who are actively involved in the Proceedings and are not employees of any Party; d. In-house counsel t0 the undersigned Parties and the paralegal, clerical and secretarial staff employed by such counsel; e. Those officers, directors, partners, members, employees and agents of all non-designating Parties that counsel for such Parties deems necessary to aid counsel in the -5- STIPULATED PROTECTIVE ORDER AND ORDER THEREON, CASE No. 20CV373940 DocuSign Envelope ID: E7200A1 7-39ED-42D0-ABOG-EBAF83568AA5 COOLEY LLP ATTORNHS AT LAW PALo ALTO AWN \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 prosecution and defense of this Proceeding; f. Court reporters in this Proceeding (whether at depositions, hearings, or any other proceeding); g. any deposition, trial 0r hearing Witness in the Proceeding Who previously has had access to the Confidential Materials, 0r who is currently or was previously an officer, director, partner, member, employee or agent 0f an entity that has had access t0 the Confidential Materials; h. any deposition or non-trial hearing witness in the Proceeding who previously did not have access to the Confidential Materials; provided, however, that each such witness given access t0 Confidential Materials shall be advised that such Materials are being Disclosed pursuant to, and are subject to, the terms of this Stipulation and Protective Order and that they may not be Disclosed other than pursuant t0 its terms; i. mock jury participants, provided, however, that prior to the Disclosure of Confidential Materials t0 any such mock jury participant, counsel for the Party making the Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, shall explain that such person is bound to follow the terms 0f such Order, and shall secure the signature of such person 0n a statement in the form attached hereto as Exhibit A. j. Outside experts or expert consultants consulted by the undersigned Parties 0r their counsel in connection With the Proceeding, whether or not retained to testify at any oral hearing; provided, however, that prior to the Disclosure ofConfidential Materials to any such expert or expert consultant, counsel for the Party making the Disclosure shall deliver a copy of this Stipulation and Protective Order t0 such person, shall explain its terms t0 such person, and shall secure the signature of such person on a statement in the form attached hereto as Exhibit A. It shall be the obligation of counsel, upon learning of any breach or threatened breach of this Stipulation and Protective Order by any such expert or expert consultant, to promptly notify counsel for the Designating Party of such breach 0r threatened breach; and k. Any non-Party witness in discovery in the Proceeding pursuant to a subpoena, provided, however, that prior to the Disclosure of any Confidential information, counsel for the Party issuing the subpoena shall deliver a copy of this Stipulation and Protective Order to - 6 _ STIPULATED PROTECTIVE ORDER AND ORDER THEREON, CASE No. 20CV373940 DocuSign Envelope ID: E7200A1 7-39ED-42D0-ABOG-EBAF83568AA5 COOLEY LLP ATTORNHS AT LAW PALo ALTO AWN \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 such person and if in connection With a subpoena for documents, the subpoenaing Party shall instruct the non-Party witness to designate any Confidential information as “Confidential” pursuant to Section 12 herein. l. any other person that the Designating Party agrees to in writing. 8. Confidential Materials shall be used by the persons receiving them only for the purposes 0f preparing for, conducting, participating in the conduct 0f, and/or prosecuting and/or defending the Proceeding, and not for any business or other purpose whatsoever. 9. Any Party to the Proceeding (or other person subject to the terms of this Stipulation and Protective Order) may ask the Court, after appropriate notice to the other Parties t0 the Proceeding, to modify or grant relief from any provision of this Stipulation and Protective Order. 10. Entering into, agreeing to, and/or complying With the terms of this Stipulation and Protective Order shall not: a. operate as an admission by any person that any particular Document, Testimony or Information marked “Confidential” contains or reflects trade secrets, proprietary, confidential or competitively sensitive business, commercial, financial or personal information; or b. prejudice in any way the right of any Party (0r any other person subject t0 the terms of this Stipulation and Protective Order): i. to seek a determination by the Court 0f Whether any particular Confidential Material should be subject to protection as “Confidential” under the terms of this Stipulation and Protective Order; or ii. to seek relief from the Court on appropriate notice to all other Parties to the Proceeding from any provision(s) of this Stipulation and Protective Order, either generally or as to any particular Document, Material or Information. iii. in its ability to prepare for, conduct, participate in the conduct of, prosecute or defend the Proceeding. ll. Any Party to the Proceeding who has not executed this Stipulation and Protective Order as of the time it is presented to the Court for signature may thereafter become a Party t0 this Stipulation and Protective Order by its counsel’s signing and dating a copy thereof and filing the -7- STIPULATED PROTECTIVE ORDER AND ORDER THEREON, CASE No. 20CV373940 DocuSign Envelope ID: E7200A1 7-39ED-42D0-ABOG-EBAF83568AA5 COOLEY LLP ATTORNHS AT LAW PALo ALTO AWN \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 same With the Court, and serving copies of such signed and dated copy upon the other Parties t0 this Stipulation and Protective Order. 12. Any Information that may be produced by a non-Party witness in discovery in the Proceeding pursuant to subpoena 0r otherwise may be designated by such non-Party as “Confidential” under the terms of this Stipulation and Protective Order, and any such designation by a non-Party shall have the same force and effect, and create the same duties and obligations, as if made by one of the undersigned Parties hereto. Any such designation shall also function as a consent by such producing Party to the authority of the Court in the Proceeding to resolve and conclusively determine any motion 0r other application made by any person 0r Party with respect to such designation, or any other matter otherwise arising under this Stipulation and Protective Order. 13. If any person subject to this Stipulation and Protective Order Who has custody of any Confidential Materials receives a subpoena or other process (“Subpoena”) from any government or other person or entity demanding production ofConfidential Materials, the recipient of the Subpoena shall promptly give notice of the same by electronic mail transmission, followed by either express mail or overnight delivery t0 counsel 0f record for the Designating Party, and shall furnish such counsel with a copy ofthe Subpoena. Upon receipt of this notice, the Designating Party may, in its sole discretion and at its own cost, move to quash or limit the Subpoena, otherwise oppose production of the Confidential Materials, and/or seek to obtain confidential treatment of such Confidential Materials from the subpoenaing person or entity to the fullest extent available under law. The recipient of the Subpoena may not produce any Documents, Testimony or Information pursuant t0 the Subpoena prior to the date specified for production on the Subpoena. 14. Nothing in this Stipulation and Protective Order shall be construed to preclude either Party from asserting in good faith that certain Confidential Materials require additional protection. The Parties shall meet and confer t0 agree upon the terms 0f such additional protection. 15. If, after execution 0f this Stipulation and Protective Order, any Confidential Materials submitted by a Designating Party under the terms of this Stipulation and Protective Order is Disclosed by a non-Designating Party to any person other than in the manner authorized by this -8- STIPULATED PROTECTIVE ORDER AND ORDER THEREON, CASE No. 20CV373940 DocuSign Envelope ID: E7200A1 7-39ED-42D0-ABOG-EBAF83568AA5 COOLEY LLP ATTORNHS AT LAW PALo ALTO AWN \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and Protective Order, the non-Designating Party responsible for the Disclosure shall bring all pertinent facts relating to the Disclosure of such Confidential Materials to the immediate attention of the Designating Party. 16. This Stipulation and Protective Order is entered into Without prejudice t0 the right of any Party to knowingly waive the applicability of this Stipulation and Protective Order to any Confidential Materials designated by that Pany. If the Designating Party uses Confidential Materials in a non-Confidential manner, then the Designating Party shall advise that the designation no longer applies. l7. Where any Confidential Materials, 0r Information derived from Confidential Materials, is included in any motion or other proceeding governed by California Rules of Court, Rules 2.550 and 2.551, the party shall follow those rules. With respect to discovery motions or other proceedings not governed by California Rules of Court, Rules 2.550 and 2.55 1 , the following shall apply: If Confidential Materials or Information derived from Confidential Materials are submitted to or otherwise disclosed to the Court in connection with discovery motions and proceedings, the same shall be separately filed under seal With the clerk of the Court in an envelope marked: “CONFIDENTIAL - FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.” 18. The Parties shall meet and confer regarding the procedures for use 0f Confidential Materials at trial and shall move the Court for entry of an appropriate order. 19. Nothing in this Stipulation and Protective Order shall affect the admissibility into evidence of Confidential Materials, or abridge the rights of any person t0 seek judicial review or t0 pursue other appropriate judicial action with respect to any ruling made by the Court concerning the issue of the status of Protected Material. 20. This Stipulation and Protective Order shall continue t0 be binding after the conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding, except that a Party may seek the written permission of the Designating Party or may move the Court for relief from the provisions of this Stipulation and Protective Order. To the extent permitted by law, the Court shall retain jurisdiction to enforce, modify, or reconsider this Stipulation and Protective -9- STIPULATED PROTECTIVE ORDER AND ORDER THEREON, CASE No. 20CV373940 DocuSign Envelope ID: E7200A1 7-39ED-42D0-ABOG-EBAF83568AA5 COOLEY LLP ATTORNHS AT LAW PALo ALTO AWN \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order, even after the Proceeding is terminated. 21. Upon written request made within thirty (30) days after the settlement or other termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a) promptly return t0 counsel for each Designating Party all Confidential Materials and all copies thereof (except that counsel for each Party may maintain in its files, in continuing compliance with the terms of this Stipulation and Protective Order, all work product, and one copy of each pleading filed with the Court and one copy of each deposition together with the exhibits marked at the deposition), (b) agree With counsel for the Designating Party upon appropriate methods and certification of destruction or other disposition of such Confidential Materials, 0r (c) as to any Documents, Testimony or other Information not addressed by sub-paragraphs (a) and (b), file a motion seeking a Court order regarding proper preservation of such Materials. To the extent permitted by law the Court shall retain continuing jurisdiction to review and rule upon the motion referred t0 in sub-paragraph (c) herein. 22. After this Stipulation and Protective Order has been signed by counsel for all Parties, it shall be presented to the Court for entry. Counsel agree to be bound by the terms set forth herein with regard t0 any Confidential Materials that have been produced before the Court signs this Stipulation and Protective Order. 23. This Stipulation and Protective Order shall be effective from the date executed by the Parties and the Parties agree to be bound by this Stipulation and Protective Order pending its approval and entry by the Court. In the event that the Court modifies this Stipulation and Protective Order, or in the event that the Court enters a different Protective Order, the Parties agree to be bound by this Stipulation and Protective Order until such time as the Court may enter such a different Order. It is the Parties’ intent to be bound by the terms of this Stipulation and Protective Order pending its entry so as to allow for immediate production of Confidential Materials under the terms herein. This Stipulation and Protective Order may be executed in counterparts. // -10- STIPULATED PROTECTIVE ORDER AND ORDER THEREON, CASE No. 20CV373940 DocuSign Envelope ID: E72COA1 7-39ED-42D0-ABOS-EBAF83568AA5 1 So STIPULATED AND AGREED: 2 February 3, 2021 3 Dated: COOLEY LLP GREGORY C. TENHOFF 4 HELEN LUU JOSHUA E. ELEFANT 5 7 Attorneys for Defendant ROKU, INC. and LONG-JI LIN 8 02/02/21 I 5 : 34 PST 9 Dated: DIVERSITY LAW GROUP HOWARD L. MAGEE 10 LARRY w. LEE 11 MAX W. GAVRON 12 FRONTIER LAW CENTER ROBERT STARR 13 THEODORE TANG MANNY STARR 14 DocuSigned by: 15 [/fifi:BY: 82E9009ABF854A6m 16 Attorneys for Plaintiff J DOE 1 7 1 8 19 ORDER 20 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective 2 1 Order. 22 IT IS SO ORDERED. 23 24 Dated: 25 Judge of the Santa Clara County Superior Court 26 27 28 fiflififi’w - 11 - “mm STIPULATED PROTECTIVE ORDER AND ORDER THEREON, CASE No. 20cv373940 February 11, 2021 Signed: 2/11/2021 02:06 PM DocuSign Envelope ID: E72COA17-39ED-42D0-ABOB-EBAF83568AA5 COOLEY LLP ATrORnys AT LAw PAL. ALIO OOQON p-t CO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS I hereby acknowledge that I, [NAME], [POSITION AND EMPLOYER], am about t0 receive Confidential Materials supplied in connection with the Proceeding, ). I certify that I understand that the Confidential Materials are provided t0 me subject t0 the terms and restrictions 0f the Stipulation and Protective Order filed in this Proceeding. I have been given a copy 0f the Stipulation and Protective Order; I have read it, and I agree t0 be bound by its terms. Iunderstand that Confidential Materials, as defined in the Stipulation and Protective Order, including any notes 0r other records that may be made regarding any such materials, shall not be Disclosed t0 anyone except as expressly permitted by the Stipulation and Protective Order. I will not copy 0r use, except solely for the purposes 0f this Proceeding, any Confidential Materials obtained pursuant t0 this Protective Order, except as provided therein 0r otherwise ordered by the Court in the Proceeding. I further understand that I am t0 retain all copies 0f all Confidential Materials provided t0 me in the Proceeding in a secure manner, and that all copies 0f such Materials are t0 remain in my personal custody until termination 0f my participation in this Proceeding, whereupon the copies 0f such Materials will be returned t0 counsel who provided me with such Materials. I declare under penalty 0f perjury, under the laws 0f the State 0f California that. the foregoing is true and correct. Executed this day 0f , 20_, at _ Signature DATED: BY: Title Address City, State, Zip Telephone Number _ 12 _ STIPULATED PROTECTIVE ORDER AND ORDER THEREON, CASE N0. 20CV373940 COOLEY LLP A QQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTORNEYS AT LAW PALO ALTO PROOF OF SERVICE I am a citizen of the United States and a resident 0f the State of California. I am employed in Santa Clara County, State of California, in the office 0f a member of the bar of this Court, at whose direction the service was made. I am over the age of 18 years and not a party t0 this action. My business address is Cooley LLP, 3 175 Hanover Street, Palo Alto, California 94304-1 130. My e-mail address is lodell@cooley.com. On February 4, 2021, I served the following documents on the parties listed below in the manner(s) indicated: E [Proposed] Order Cover Sheet and Stipulated Protective Order and Order Thereon (BY ELECTRONIC MAIL - CCP § 1010.6(a)(4)(A)) Based on a court order or an agreement of the parties to accept service by e-mail 0r electronic transmission, I caused such documents described herein to be sent to the persons at the e-mail addresses listed below. I did not receive, Within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. Howard L. Magee Larry W. Lee Max Gavron Diversity Law Group 515 South Figueroa St., Suite 1250 Los Angeles, CA 90071 Phone: (213) 488-6555 Fax: (213) 488-6554 Email: hmagee@diversitvlaw.com lwlee@diversitylaw.com mgavron@diversitvlaw.com linda diversit 1aw.c0m Attorneys for Plaintiffs Robert Starr Theodore Tang Manny Starr Frontier Law Center 23901 Calabasas Rd., Suite 2074 Calabasas, CA 91302 Phone: (8 1 8) 914-3433 Fax: (818) 914-3433 Email: roberthstarrlaw.com; theodore@frontierlawcenter.com mannv@frontierlawcenter.com eservice@frontierlawcenter.com Attorneys for Plaintiffs I declare under penalty 0fperjury under the laws of the State of California that the above is true and correct. Executed on February 4, 2021, at Palo Alto, California. r 714%in Lori L. O’Dell 1. PROOF 0F SERVICE, CASE N0. 20CV373940 239843342 v1