Tax Relief, Inc. v. Terrance Selb et al

Filing 122

STIPULATED PROTECTIVE ORDER by Magistrate Judge Maria A. Audero re Stipulation for Protective Order 121 . (See document for details.) (es)

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LEVINSON ARSHONSKY & KURTZ, LLP 1 Richard I. Arshonsky [SBN 155624] rarshonsky@laklawyers.com 2 Anne C. Manalili [SBN 193483] 3 acmecf@laklawyers.com LEVINSON ARSHONSKY & KURTZ, LLP 4 15303 Ventura Blvd., Suite 1650 Sherman Oaks, CA 91403 5 Tel: (818) 382-3434/Fax: (818) 382-3433 6 Douglas Gansler (pro hac vice) 7 douglas.gansler@cwt.com Mark Grider (pro hac vice) 8 mark.grider@cwt.com CADWALADER, WICKERSHAM & TAFT LLP 9 700 Sixth Street, NW 10 Washington, DC 20001 Tel: (202) 862 2300/Fax: (202) 862-2400 11 Jonathan M. Watkins (pro hac vice) 12 jonathan.watkins@cwt.com 13 Aaron C. Lang (pro hac vice) aaron.lang@cwt.com 14 CADWALADER, WICKERSHAM & TAFT LLP 227 West Trade Street 15 Charlotte, NC 28202 Tel: (704) 348-5145/Fax: (704) 348-5200 16 Attorneys for Plaintiff and Counterclaim-Defendant Nationwide Tax 17 Experts, Inc., and Cross-Claim Defendants Next Level Advisors, Inc., Greenlaw Consulting Group, Inc., Allstate Tax Group, LLC, Patrick 18 Oakes, Nicholas Johnson, Michael Sasson, Michael Gray, Matthew Levy, Joseph Lancaster, Erich Magiar, and Andrew Rios 19 20 UNITED STATES DISTRICT COURT 21 CENTRAL DISTRICT OF CALIFORNIA 22 23 24 25 26 27 28 CASE NO. 2:20-cv-10090-CAS-MAA NATIONWIDE TAX EXPERTS, INC., Plaintiff, Assigned to Hon. Christina A. Snyder vs. TERRANCE SELB, TYLER BENNETT, GEOFF PLOURDE, AMERICAN TAX SOLUTIONS, INC., AMERICAN TAX SOLUTIONS, LLC, GETATAXLAWYER.COM, LLC, BEN GRAUPNER, BEN GRAUPNER INC., STIPULATED PROTECTIVE ORDER 1 STIPULATED PROTECTIVE ORDER Action Filed: November 3, 2020 CASE NO. 2:20-CV-10090-CAS-MAA 1 2 DONDAMONDE BARNES, and LEGAL TAX DEFENSE, INC., Defendants. 3 4 5 AND RELATED COUNTERCLAIM. 1. 6 7 8 9 LEVINSON ARSHONSKY & KURTZ, LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 13.3 below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Local Rule 79-5 sets 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. 2. GOOD CAUSE STATEMENT This action is likely to involve trade secrets, customer and pricing lists and other valuable research, development, commercial, financial, technical and/or proprietary information for which special protection from public disclosure 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, information regarding confidential business and/or marketing strategies, proprietary information regarding current, former, and/or potential 28 STIPULATED PROTECTIVE ORDER 2 CASE NO. 2:20-CV-10090-CAS-MAA 1 customers, or other confidential research, development, or commercial information 2 (including information implicating privacy rights of third parties), information 3 otherwise generally unavailable to the public, or which may be privileged or otherwise 4 protected from disclosure under state or federal statutes, court rules, case decisions, or 5 common law. Accordingly, to expedite the flow of information, to facilitate the 6 prompt resolution of disputes over confidentiality of discovery materials, to 7 adequately protect information the parties are entitled to keep confidential, to ensure 8 that the parties are permitted reasonable necessary uses of such material in preparation 9 for and in the conduct of trial, to address their handling at the end of the litigation, and LEVINSON ARSHONSKY & KURTZ, LLP 10 to serve the ends of justice, a protective order for such information is justified in this 11 matter. It is the intent of the parties that information will not be designated as 12 confidential for tactical reasons and that nothing be so designated without a good faith 13 belief that it has been maintained in a confidential, non-public manner, and there is 14 good cause why it should not be part of the public record of this case. 15 3. DEFINITIONS 16 3.1 Action: This pending federal lawsuit. 17 3.2 Challenging Party: A Party or Nonparty that challenges the designation 18 19 of information or items under this Stipulated Protective Order. 3.3 Claimed Privileged Information: Information that a party claims to be 20 privileged or protected by the attorney-client privilege or work product 21 protection. 22 3.4 “CONFIDENTIAL” Information or Items: Information (regardless of 23 how it is generated, stored or maintained) or tangible things that qualify 24 for protection under Federal Rule of Civil Procedure 26(c), and as 25 specified above in the Good Cause Statement. 26 27 3.5 Counsel: Outside Counsel and In-House Counsel (as well as their support staff). 28 STIPULATED PROTECTIVE ORDER 3 1 3.6 Designating Party: A Party or Nonparty that designates information or 2 items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 4 EYES ONLY.” 5 3.7 Disclosure or Discovery Material: All items or information, regardless of 6 the medium or manner in which it is generated, stored, or maintained 7 (including, among other things, testimony, transcripts, and tangible 8 things), that is produced or generated in disclosures or responses to 9 discovery in this matter. LEVINSON ARSHONSKY & KURTZ, LLP 10 3.8 Expert: A person with specialized knowledge or experience in a matter 11 pertinent to the litigation who has been retained by a Party or its counsel 12 to serve as an expert witness or as a consultant in this Action. 13 3.9 In-House Counsel: Attorneys who are employees of a party to this 14 Action. In-House Counsel does not include Outside Counsel or any other 15 outside counsel. 16 3.10 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 17 Information or Items: information or items that meet all the criteria of 18 “CONFIDENTIAL information or items” and, in addition, that a 19 Producing Party believes, in good faith, contain or reflect information 20 that is competitively or commercially sensitive to such an extent that its 21 disclosure is likely to cause significant economic harm to the Producing 22 Party. 23 24 25 3.11 Nonparty: Any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 3.12 Outside Counsel: Attorneys who are not employees of a party to this 26 Action but are retained to represent or advise a party to this Action, and 27 includes support staff. 28 STIPULATED PROTECTIVE ORDER 4 1 3.13 Party: Any party to this Action, including all of its officers, employees, 2 retained experts, In-House Counsel, and Outside Counsel (and their 3 support staffs). 4 3.14 Producing Party: A Party or Nonparty that produces Disclosure or 5 Discovery Material in this Action. 6 3.15 Professional Vendors: Persons or entities that provide litigation support 7 services (e.g., photocopying, videotaping, translating, preparing exhibits 8 or demonstrations, and organizing, storing, or retrieving data in any form 9 or medium) and their employees and subcontractors. LEVINSON ARSHONSKY & KURTZ, LLP 10 3.16 Protected Material: Any Disclosure or Discovery Material that is 11 designated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – 12 ATTORNEYS’ EYES ONLY.” 13 3.17 Receiving Party: A Party that receives Disclosure or Discovery Material 14 from a Producing Party. 15 4. SCOPE 16 The protections conferred by this Stipulated Protective Order cover not only 17 Protected Material, but also (1) any information copied or extracted from Protected 18 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 19 and (3) any testimony, conversations, or presentations by Parties or their Counsel that 20 might reveal Protected Material. 21 Any use of Protected Material at trial shall be governed by the orders of the trial 22 judge. This Stipulated Protective Order does not govern the use of Protected Material 23 at trial. 24 5. DURATION 25 Even after final disposition of this litigation, the confidentiality obligations 26 imposed by this Stipulated Protective Order shall remain in effect until a Designating 27 Party agrees otherwise in writing or a court order otherwise directs. Final disposition 28 shall be deemed to be the later of (1) dismissal of all claims and defenses in this STIPULATED PROTECTIVE ORDER 5 1 Action, with or without prejudice; or (2) final judgment herein after the completion 2 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 3 including the time limits for filing any motions or applications for extension of time 4 pursuant to applicable law. 5 6. DESIGNATING PROTECTED MATERIAL 6 6.1 7 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Nonparty that designates information or items for 8 protection under this Stipulated Protective Order must take care to limit 9 any such designation to specific material that qualifies under the LEVINSON ARSHONSKY & KURTZ, LLP 10 appropriate standards. 11 Mass, indiscriminate, or routinized designations are prohibited. 12 Designations that are shown to be clearly unjustified or that have been 13 made for an improper purpose (e.g., to unnecessarily encumber the case 14 development process or to impose unnecessary expenses and burdens on 15 other parties) may expose the Designating Party to sanctions. 16 17 6.2 Manner and Timing of Designations. Except as otherwise provided in this Stipulated Protective Order 18 (see, e.g., Section 6.2(a)), or as otherwise stipulated or ordered, 19 Disclosure or Discovery Material that qualifies for protection under this 20 Stipulated Protective Order must be clearly so designated before the 21 material is disclosed or produced. 22 23 24 Designation in conformity with this Stipulated Protective Order requires the following: a) For information in documentary form (e.g., paper or 25 electronic documents, but excluding transcripts of 26 depositions or other pretrial or trial proceedings), that the 27 Producing Party affix at a minimum, the legend 28 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – STIPULATED PROTECTIVE ORDER 6 1 ATTORNEYS’ EYES ONLY” to each document that 2 contains Protected Material. 3 A Party or Nonparty that makes original documents available for inspection need not designate them for 5 protection until after the inspecting Party has indicated 6 which documents it would like copied and produced. 7 During the inspection and before the designation, all of the 8 material made available for inspection shall be deemed 9 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 10 LEVINSON ARSHONSKY & KURTZ, LLP 4 ONLY.” After the inspecting Party has identified the 11 documents it wants copied and produced, the Producing 12 Party must determine which documents, or portions thereof, 13 qualify for protection under this Stipulated Protective Order. 14 Then, before producing the specified documents, the 15 Producing Party must affix the legend “CONFIDENTIAL” 16 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 17 ONLY” to the Protected Material. 18 b) For testimony given in depositions, any party may designate 19 any portion of a deposition as Protected Material by 20 notifying the other parties on the record during the 21 deposition or in writing within thirty calendar days after 22 receipt of the deposition transcript. The deposition transcript 23 shall be treated as “HIGHLY CONFIDENTIAL – 24 ATTORNEYS’ EYES ONLY” during this thirty-day period. 25 c) For information produced in nondocumentary form, and for 26 any other tangible items, that the Producing Party affix in a 27 prominent place on the exterior of the container or 28 containers in which the information is stored the legend STIPULATED PROTECTIVE ORDER 7 1 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL— 2 ATTORNEYS’ EYES ONLY.” If only a portion or portions 3 of the information warrants protection, the Producing Party, 4 to the extent practicable, shall identify the protected 5 portion(s). 6 6.3 7 Inadvertent Failure to Designate. If timely corrected, an inadvertent failure to designate qualified 8 information or items does not, standing alone, waive the Designating 9 Party’s right to secure protection under this Stipulated Protective Order LEVINSON ARSHONSKY & KURTZ, LLP 10 for such material. Upon timely correction of a designation, the Receiving 11 Party must make reasonable efforts to assure that the material is treated in 12 accordance with the provisions of this Stipulated Protective Order. 13 14 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 7.1 16 Timing of Challenges. Any Party or Nonparty may challenge a designation of 17 confidentiality at any time that is consistent with the Court’s Scheduling 18 Order. 19 7.2 20 Meet and Confer. The Challenging Party shall initiate the dispute resolution process, 21 which shall comply with Local Rule 37.1 et seq., and with Section 4 of 22 Judge Audero’s Procedures (“Mandatory Telephonic Conference for 23 Discovery Disputes”). 24 25 7.3 Burden of Persuasion. The burden of persuasion in any such challenge proceeding shall 26 be on the Designating Party. Frivolous challenges, and those made for an 27 improper purpose (e.g., to harass or impose unnecessary expenses and 28 burdens on other parties) may expose the Challenging Party to sanctions. STIPULATED PROTECTIVE ORDER 8 1 Unless the Designating Party has waived or withdrawn the confidentiality 2 designation, all parties shall continue to afford the material in question 3 the level of protection to which it is entitled under the Producing Party’s 4 designation until the Court rules on the challenge. 5 6 8. ACCESS TO AND USE OF PROTECTED MATERIALS 7 8.1 8 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Nonparty in connection with this 10 LEVINSON ARSHONSKY & KURTZ, LLP 9 Action only for prosecuting, defending, or attempting to settle this 11 Action. Such Protected Material may be disclosed only to the categories 12 of persons and under the conditions described in this Stipulated 13 Protective Order. When the Action reaches a final disposition, a 14 Receiving Party must comply with the provisions of Section 14 below. 15 Protected Material must be stored and maintained by a Receiving 16 Party at a location and in a secure manner that ensures that access is 17 limited to the persons authorized under this Stipulated Protective Order. 18 19 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the Court or permitted in writing by 20 the Designating Party, a Receiving Party may disclose any information or 21 item designated “CONFIDENTIAL” only to: 22 a) The Receiving Party’s Outside Counsel, as well as 23 employees of said Outside Counsel to whom it is reasonably 24 necessary to disclose the information for this Action; 25 b) The officers and employees (including In-House Counsel) of 26 the Receiving Party to whom disclosure is reasonably 27 necessary for this Action; 28 STIPULATED PROTECTIVE ORDER 9 1 c) Experts of the Receiving Party to whom disclosure is 2 reasonably necessary for this Action and who have signed 3 the “Acknowledgment and Agreement to Be Bound” 4 (Exhibit A); 5 d) The Court and its personnel; 6 e) Court reporters and their staff; 7 f) Professional jury or trial consultants, mock jurors, and 8 Professional Vendors to whom disclosure is reasonably 9 necessary or this Action and who have signed the LEVINSON ARSHONSKY & KURTZ, LLP 10 “Acknowledgment and Agreement to be Bound” (Exhibit 11 A); 12 g) 13 14 employees; h) 15 16 The Designating Party or its officers, directors, or The author or recipient of a document containing the information; i) During their depositions, witnesses, and attorneys for 17 witnesses, in the Action to whom disclosure is reasonably 18 necessary provided: (i) the deposing party requests that the 19 witness sign the “Acknowledgment and Agreement to Be 20 Bound” (Exhibit A); and (ii) the witness will not be 21 permitted to keep any confidential information, unless 22 otherwise agreed by the Designating Party or ordered by the 23 Court. Pages of transcribed deposition testimony or exhibits 24 to depositions that reveal Protected Material may be 25 separately bound by the court reporter and may not be 26 disclosed to anyone except as permitted under this 27 Stipulated Protective Order; 28 STIPULATED PROTECTIVE ORDER 10 1 j) Any mediator or settlement officer, and their supporting 2 personnel, mutually agreed upon by any of the parties 3 engaged in settlement discussions. 4 k) The officer taking, reporting, or videotaping a deposition 5 and employees of such officer to the extent necessary to 6 prepare the transcript or video of the deposition; and 7 l) 8 Any other person to whom the Designating Party agrees in writing. 9 LEVINSON ARSHONSKY & KURTZ, LLP 10 11 8.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items. 12 Unless otherwise ordered by the Court or permitted in writing by 13 the Designating Party, “HIGHLY CONFIDENTIAL – ATTORNEYS’ 14 EYES ONLY” produced in this Action may be viewed by or read or 15 described to only the following persons: 16 a) The Receiving Party’s Outside Counsel; 17 b) Upon execution of the “Acknowledgment and Agreement to 18 be Bound” in the form attached as Exhibit A, Experts of the 19 Receiving Party to whom disclosure is reasonably necessary 20 for this Action; 21 c) The Court and its personnel; 22 d) Court reporters and their staff; 23 e) The Designating Party or its officers, directors, or 24 25 employees; f) 26 27 28 The author or recipient of a document containing the information; g) Upon execution of the “Acknowledgment and Agreement to be Bound” in the form attached as Exhibit A, any mediator STIPULATED PROTECTIVE ORDER 11 1 or settlement officer, and their supporting personnel, 2 mutually agreed upon by any of the parties engaged in 3 settlement discussions; 4 h) The officer taking, reporting, or videotaping a deposition 5 and employees of such officer to the extent necessary to 6 prepare the transcript or video of the deposition; and 7 i) Any other person to whom the Designating Party agrees in 8 writing. 9 LEVINSON ARSHONSKY & KURTZ, LLP 10 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 11 IN OTHER LITIGATION 12 If a Party is served with a subpoena or a court order issued in other litigation 13 that compels disclosure of any information or items designated in this Action as 14 “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 15 ONLY” that Party must: 16 a) Promptly notify in writing the Designating Party. Such 17 notification shall include a copy of the subpoena or court 18 order; 19 b) Promptly notify in writing the party who caused the 20 subpoena or order to issue in the other litigation that some or 21 all of the material covered by the subpoena or order is 22 subject to this Stipulated Protective Order. Such notification 23 shall include a copy of this Stipulated Protective Order; and 24 c) Cooperate with respect to all reasonable procedures sought 25 to be pursued by the Designating Party whose Protected 26 Material may be affected. 27 If the Designating Party timely seeks a protective order, the Party served with the 28 subpoena or court order shall not produce any information designated in this action as STIPULATED PROTECTIVE ORDER 12 1 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 2 ONLY” before a determination by the Court from which the subpoena or order issued, 3 unless the Party has obtained the Designating Party’s permission. The Designating 4 Party shall bear the burden and expense of seeking protection in that court of its 5 confidential material and nothing in these provisions should be construed as 6 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 7 directive from another court. 8 9 10. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE LEVINSON ARSHONSKY & KURTZ, LLP 10 PRODUCED IN THIS LITIGATION 11 10.1 Application. 12 The terms of this Stipulated Protective Order are applicable to 13 information produced by a Nonparty in this Action and designated as 14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ 15 EYES ONLY.” Such information produced by Nonparties in connection 16 with this litigation is protected by the remedies and relief provided by 17 this Stipulated Protective Order. Nothing in these provisions should be 18 construed as prohibiting a Nonparty from seeking additional protections. 19 10.2 Notification. 20 In the event that a Party is required, by a valid discovery 21 request, to produce a Nonparty’s confidential information in its 22 possession, and the Party is subject to an agreement with the 23 Nonparty not to produce the Nonparty’s confidential information, 24 then the Party shall: 25 a) Promptly notify in writing the Requesting Party and the 26 Nonparty that some or all of the information requested is 27 subject to a confidentiality agreement with a Nonparty; 28 STIPULATED PROTECTIVE ORDER 13 1 b) Promptly provide the Nonparty with a copy of the Stipulated 2 Protective Order in this Action, the relevant discovery 3 request(s), and a reasonably specific description of the 4 information requested; and 5 c) 6 Make the information requested available for inspection by the Nonparty, if requested. 7 10.3 Conditions of Production. 8 If the Nonparty fails to seek a protective order from this Court 9 within fourteen (14) days after receiving the notice and accompanying LEVINSON ARSHONSKY & KURTZ, LLP 10 information, the Receiving Party may produce the Nonparty’s 11 confidential information responsive to the discovery request. If the 12 Nonparty timely seeks a protective order, the Receiving Party shall not 13 produce any information in its possession or control that is subject to the 14 confidentiality agreement with the Nonparty before a determination by 15 the Court. Absent a court order to the contrary, the Nonparty shall bear 16 the burden and expense of seeking protection in this Court of its 17 Protected Material. 18 19 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 20 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 21 Protected Material to any person or in any circumstance not authorized under this 22 Stipulated Protective Order, the Receiving Party immediately must (1) notify in 23 writing the Designating Party of the unauthorized disclosures, (2) use its best efforts 24 to retrieve all unauthorized copies of the Protected Material, (3) inform the person or 25 persons to whom unauthorized disclosures were made of all the terms of this 26 Stipulated Protective Order, and (4) request such person or persons to execute the 27 “Acknowledgment and Agreement to be Bound” (Exhibit A). 28 STIPULATED PROTECTIVE ORDER 14 1 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 12.1 Effect of Producing Claimed Privileged Information. 4 Pursuant to Federal Rule of Evidence 502(d), if a Producing Party 5 discloses information in connection with the pending litigation that the 6 Producing Party thereafter claims to be privileged or protected by the 7 attorney-client privilege or work product protection, the disclosure of that 8 Claimed Privileged Information shall not constitute or be deemed a 9 waiver or forfeiture—in this or any other action—of any claim of LEVINSON ARSHONSKY & KURTZ, LLP 10 privilege or work product protection that the Producing Party would 11 otherwise be entitled to assert with respect to the Claimed Privileged 12 Information and its subject matter, unless the Producing Party failed to 13 take reasonable steps to prevent disclosure. 14 15 12.2 Procedure for Producing Party. The Producing Party shall, promptly after the discovery of the 16 inadvertent disclosure, notify the Receiving Parties, in writing, that it has 17 disclosed Claimed Privileged Information without intending a waiver by 18 the disclosure. The Producing Party must explain in the notification as 19 specifically as possible why the Claimed Privileged Information is 20 privileged or protected. The Producing Party shall identify the Claimed 21 Privileged Information by Bates-stamped number. If the Claimed 22 Privileged Information is not Bates-stamped, the Producing Party shall 23 identify the Claimed Privileged Information in a manner that reasonably 24 permits the Receiving Parties to easily locate the Claimed Privileged 25 Information at issue. 26 12.3 Procedure for Receiving Parties. 27 Upon receiving notification of the inadvertent disclosure, each 28 Receiving Party must—unless it contests the claim of attorney-client STIPULATED PROTECTIVE ORDER 15 1 privilege or work product protection in accordance with Paragraph 2 12.4—promptly (i) notify the Producing Party that it will make best 3 efforts to identify and return, sequester, or destroy (or in the case of 4 electronically stored information, delete) the Claimed Privileged 5 Information and any reasonably accessible copies it has, and (ii) provide 6 a certification that it will cease further review, dissemination, and use of 7 the Claimed Privileged Information. For purposes of this Order, Claimed 8 Privileged Information that has been stored on a source of electronically 9 stored information that is not reasonably accessible, such as backup LEVINSON ARSHONSKY & KURTZ, LLP 10 storage media, is sequestered. If such data is retrieved, each Receiving 11 Party must promptly take steps to delete or sequester the restored 12 protected information. 13 14 12.4 Challenging Claims of Privileged Information. Any challenge to the Producing Party’s claim of privilege or work 15 product protection shall be made, in writing, by any Receiving Party 16 within ten days after being notified of the Producing Party’s request to 17 clawback the Claimed Privileged Information. The parties shall promptly 18 meet and confer, in person or by telephone, to determine if the challenge 19 can be resolved without judicial intervention. If the parties are unable to 20 resolve the dispute, the Producing Party shall move the Court for a 21 Protective Order compelling the return or destruction of the Claimed 22 Privileged Information. The Motion for a Protective Order, response to 23 the motion, and reply memorandum may be filed under seal, if 24 appropriate. Pending resolution of the Motion for a Protective Order, the 25 Receiving Parties must not use the challenged information in any way or 26 disclose it to any person other than those required by law to be served 27 with a copy of the sealed Motion for Protective Order. 28 12.5 Attorneys’ Ethical Responsibilities. STIPULATED PROTECTIVE ORDER 16 1 Nothing in this Order overrides any attorney's ethical 2 responsibilities to refrain from examining or disclosing materials that the 3 attorney knows, or reasonably should know, to be privileged and to 4 inform the Producing Party that such materials have been produced. 5 12.6 Burden of Establishing Privilege or Protected Nature. 6 The Producing Party retains the burden—upon challenge pursuant 7 to Paragraph 12.4—of establishing the privileged or protected nature of 8 the Claimed Privileged Information. 9 12.7 In Camera Review. LEVINSON ARSHONSKY & KURTZ, LLP 10 Nothing in this Order limits the right of any party to petition the 11 Court for an in camera review of the Claimed Privileged Information. 12 12.8 Voluntary Waiver. 13 This Order does not preclude a party from voluntarily waiving the 14 attorney-client privilege or work product protection. The provisions of 15 Fed. R. Evid. 502(a) apply when the Producing Party uses or indicates 16 that it may use information produced under this Order to support a claim 17 or defense. 18 19 13. MISCELLANEOUS 20 13.1 Right to Further Relief. 21 22 23 24 Nothing in this Stipulated Protective Order abridges the right of any person to seek its modification by the Court in the future. 13.2 Right to Assert Other Objections. By stipulating to the entry of this Stipulated Protective Order, no 25 Party waives any right it otherwise would have to object to disclosing or 26 producing any information or item on any ground not addressed in this 27 Stipulated Protective Order. Similarly, no Party waives any right to 28 STIPULATED PROTECTIVE ORDER 17 1 object on any ground to use in evidence of any of the material covered by 2 this Stipulated Protective Order. 3 13.3 Filing Protected Material. 4 A Party that seeks to file under seal any Protected Material must 5 comply with Local Rule 79-5. Protected Material may only be filed 6 under seal pursuant to a court order authorizing the sealing of the specific 7 Protected Material at issue. If a Party's request to file Protected Material 8 under seal is denied by the Court, then the Receiving Party may file the 9 information in the public record unless otherwise instructed by the Court. LEVINSON ARSHONSKY & KURTZ, LLP 10 13.4 Successors. 11 This Protective Order shall be binding upon the Parties hereto, 12 their attorneys, and their successors, assigns, subsidiaries, divisions, 13 employees, agents, retained consultants and experts, and any persons or 14 organizations over which they have direct control. 15 16 14. FINAL DISPOSITION 17 After the final disposition of this Action, within sixty (60) days of a written 18 request by the Designating Party, each Receiving Party must return all Protected 19 Material to the Producing Party or destroy such material. As used in this subdivision, 20 “all Protected Material” includes all copies, abstracts, compilations, summaries, and 21 any other format reproducing or capturing any of the Protected Material. Whether the 22 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 24 Designating Party) by the 60-day deadline that (1) identifies (by category, where 25 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 26 that the Receiving Party has not retained any copies, abstracts, compilations, 27 summaries or any other format reproducing or capturing any of the Protected Material. 28 Notwithstanding this provision, Counsel is entitled to retain an archival copy of all STIPULATED PROTECTIVE ORDER 18 1 pleadings; motion papers; trial, deposition, and hearing transcripts; legal memoranda; 2 correspondence; deposition and trial exhibits; expert reports; attorney work product; 3 and consultant and expert work product, even if such materials contain Protected 4 Material. Any such archival copies that contain or constitute Protected Material 5 remain subject to this Stipulated Protective Order as set forth in Section 5. 6 15. VIOLATION 7 Any violation of this Stipulated Order may be punished by any and all 8 appropriate measures including, without limitation, contempt proceedings and/or 9 monetary sanctions. LEVINSON ARSHONSKY & KURTZ, LLP 10 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: November 18, 2021 12 LEVINSON ARSHONSKY & KURTZ, LLP By: /s/ Anne C. Manalili Richard I. Arshonsky, State Bar No. 155624 Anne C. Manalili, State Bar No. 193483 15303 Ventura Boulevard, Ste. 1650 Sherman Oaks, CA 91403 rarshonsky@laklawyers.com amanalili@laklawyers.com 13 14 15 16 Douglas Gansler (pro hac vice) Mark Grider (pro hac vice) CADWALADER, WICKERSHAM & TAFT LLP 700 Sixth Street, NW Washington, DC 20001 douglas.gansler@cwt.com mark.grider@cwt.com 17 18 19 20 21 Jonathan M. Watkins (pro hac vice) Aaron C. Lang (pro hac vice) CADWALADER, WICKERSHAM & TAFT LLP 227 West Trade Street Charlotte, NC 28202 jonathan.watkins@cwt.com aaron.lang@cwt.com 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER Attorneys for Plaintiff and Counterclaim-Defendant Nationwide Tax Experts, Inc., and Cross-Claim Defendants Next Level Advisors, Inc., Greenlaw Consulting Group, Inc., Allstate Tax Group, LLC, Patrick Oakes, Nicholas Johnson, Michael Sasson, 19 1 Michael Gray, Matthew Levy, Joseph Lancaster, Erich Magiar, and Andrew Rios 2 3 Dated: November 18, 2021 KIRAKOSIAN LAW APC 4 By: /s/ Greg L. Kirakosian Greg L. Kirakosian (SBN 294580) greg@kirakosianlaw.com Historic Engine Co. No. 28 644 South Figueroa Street Los Angeles, California 90017 Telephone: (213) 986-5389 Facsimile: (213) 986-5389 5 6 7 8 11 Attorneys for Defendant and Counterclaim-Plaintiff American Tax Solutions, Inc. and Defendants American Tax Solutions, LLC, Terrance Selb, Tyler Bennet, Geoff Plourde, and GetATaxLawyer.com, LLC 12 Dated: November 18, 2021 LAW OFFICES OF DAVID N. LAKE, APC 9 LEVINSON ARSHONSKY & KURTZ, LLP 10 13 By: /s/ David N. Lake David N. Lake 16130 Ventura Blvd., Suite 650 Encino, CA 91436 david@lakelawpc.com 14 15 16 Attorneys for Defendants Ben Graupner and Ben Graupner Inc. d/b/a Tax Debt Group 17 18 19 * Pursuant to L.R. 5-4.3.4(a)(2)(i), the filer attests that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and have 20 authorized the filing. 21 22 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 23 24 Dated: November 18, 2021 25 Maria A. Audero United States Magistrate Judge 26 27 28 STIPULATED PROTECTIVE ORDER 20 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, 4 [full name], of [address], declare under penalty of perjury that I have 5 read in its entirety and understand the Stipulated Protective Order that was issued by 6 the United States District Court for the Central District of California on 7 [date] in the case of Nationwide Tax Experts, Inc. v. Terrance Selb et al., 2:20- 8 cv-10090-CAS-MAA (C.D. Cal. Nov. 3, 2020). I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order, and I understand and LEVINSON ARSHONSKY & KURTZ, LLP 10 acknowledge that failure to so comply could expose me to sanctions and punishment 11 in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Stipulated 14 Protective Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint 19 [full name] of [address and telephone number] as 20 my California agent for service of process in connection with this action or any 21 proceedings related to enforcement of this Stipulated Protective Order. 22 23 Signature: 24 Printed Name: 25 Date: 26 City and State Where Sworn and Signed: 27 28 STIPULATED PROTECTIVE ORDER 21 CERTIFICATE OF SERVICE 1 2 3 4 5 LEVINSON ARSHONSKY & KURTZ, LLP 6 7 I am and was at all times herein mentioned over the age of 18 years and not a party to the action in which this service is made. At all times herein mentioned I have been employed in the County of Los Angeles, State of California. My business address is 15303 Ventura Blvd., Suite 1650, Sherman Oaks, CA 91403.  (BY CM/ECF SYSTEM) On the date below, I caused to be electronically filed the following document(s) described as: STIPULATED PROTECTIVE ORDER with the Clerk of the United States District Court of Central District of California, using the CM/ECF System. The Court's CM/ECF System will send an e-mail notification of the foregoing filing to the following parties (or on the attached service list) and counsel of record who are registered with the Court's CM/ECF System: 8 Richard I. Arshonsky rarshonsky@laklawyers.com,sgrindstaff@laklawyers.com 9 Douglas Gansler douglas.gansler@cwt.com 10 11 Mark A. Grider mark.grider@cwt.com 12 Gregory Levon Kirakosian greg@kirakosianlaw.com 13 14 David N. Lake david@lakelawpc.com 15 Aaron C. Lang aaron.lang@cwt.com,nyecfnotice@cwt.com 16 17 Anne C Manalili acmecf@laklawyers.com 18 Jonathan M. Watkins jonathan.watkins@cwt.com,nyecfnotice@cwt.com 19 20 21  (BY EMAIL) On the date below, I caused the following documents(s) described as: I declare that I am employed in the office of a member of the Bar of, or 22 permitted to practice before, this Court at whose direction the service was made and declare under penalty of perjury under the laws of the United States of America that 23 the foregoing is true and correct. 24 25 26 Executed on November 18, 2021 at Sherman Oaks, California. Natalie M. Lessard /s/ Natalie M. Lessard Signature 27 28 569-041/1068674 CERTIFICATE OF SERVICE

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