STIPULATION AND ORDERin order to expedite production of the documents, eBay may designate all of the documents as restricted materials in accordance with the Confidentiality Stipulation and Order entered herein, provided that eBay shall promptly withdraw such designation upon the request of Tiffany with respect to any documents that does not fall within the definition for such materials. To the extent that eBay later concludes that any of the documents are actually privileged, eBay does not waive the right to make such assertion, provided that, if Tiffany Disagrees with such assertion, the burden will be on eBay to make a motion to the District Court to retrieve any such documents, for which motion eBay shall bear the burden of proof. This Stipulation shall apply only in this action, and eBay does not waive the right to assert outside of and unrelated to this action that such documents are privileged and that the privilege attaching to them has not been waived. So Ordered. (Signed by Judge Naomi Reice Buchwald on 9/6/05) (jco, )

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