FuboTV Inc. et al v. The Walt Disney Company et al

Filing 218

AMENDED STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO STIPULATED AND AGREED. SO ORDERED. (Signed by Judge Margaret M. Garnett on 7/8/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

7/8/2024

FUBOTV INC. and FUBOTV MEDIA INC.,
Plaintiffs,
Civil Action No. 24-cv-1363-MMG-JW

-againstTHE WALT DISNEY COMPANY, ESPN,
INC., ESPN ENTERPRISES, INC., HULU,
LLC, FOX CORPORATION, and WARNER
BROS. DISCOVERY, INC.,
Defendants.

[PROPOSED] AMENDED
STIPULATED PROTECTIVE ORDER

[PROPOSED] AMENDED STIPULATED PROTECTIVE ORDER
The parties to the above-captioned matter (the “Action”), through their undersigned
counsel of record, stipulate and agree under Rule 26(c) of the Federal Rules of Civil Procedure,
and the Court hereby ORDERS upon a finding of good cause, that this Amended Stipulated
Protective Order (hereinafter “Stipulated Protective Order”) shall govern the disclosure and use of
confidential and privileged information in this Action. This Stipulated Protective Order shall
supersede the protective order that the Court entered on June 7, 2024.
In general, this Stipulated Protective Order provides for the following categories of
information: non-confidential material; Confidential material; Highly Confidential Attorney’s
Eyes Only material; and Highly Confidential Outside Attorney’s Eyes Only material. Each of
these categories shall be treated differently in accordance with the provisions of this Stipulated
Protective Order. In the event of disagreement between the parties regarding the designation of
particular information, the parties shall meet and confer prior to seeking judicial relief.
DEFINITIONS GENERALLY

1.

Parties. The term “Party” means a plaintiff or defendant in this Action, including

the officers, directors, principals, and other employees acting on behalf of a corporate party.
“Parties” means any combination of plaintiffs or defendants in this Action, including the officers,
directors and principals acting on behalf of corporate Parties.
2.

Non-Parties.

The term “Non-Party” means any individual, corporation,

association, or other natural person or entity that is not a party to the Action.
3.

Discovery Material. The term “Discovery Material” means all documents, items,

or information (regardless of the medium or manner generated, stored, or maintained) including
testimony transcripts, and tangible things that are produced or generated in disclosures or
responses to discovery in this Action. This includes any material produced, filed, or served by any
Party or Non-Party in this Action, or any information included in such material. Discovery
Material may include, but is not limited to, deposition testimony and transcripts, answers to
interrogatories, responses to requests for admission, documents, and tangible things. The term
“document” is intended to be comprehensive and includes any and all materials in the broadest
sense contemplated by Rule 34 of the Federal Rules of Civil Procedure and Federal Rule of
Evidence 1001.
4.

Privilege. The term “Privilege” means the attorney-client privilege, the work-

product doctrine, the common-interest doctrine, or any other privilege, protection, or immunity
against disclosure recognized by law.
5.

Confidential Material. The term “Confidential Material” means confidential or

proprietary business, commercial, research, personnel, product, or financial information
(regardless of how it is generated, stored, or maintained) including but not limited to:

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a. previously non-public financial information (including without limitation
profitability reports or estimates, percentage fees, royalty rates, minimum guarantee payments,
sales reports, and sale margins);
b. previously non-public material relating to ownership or control of any non-public
company;
c. previously non-public and proprietary information that reveals, contains, or reflects
Confidential Information;
d. previously non-public and proprietary research, technical, or commercial
information;
e. any information of a personal or intimate nature regarding any individual, including
medical information, personal identifying information, personnel information, tax returns or
filings;
f. any other category of information hereinafter given confidential status by the Court;
or
g. any other material that qualifies for protection under Federal Rule of Civil
Procedure 26(c).
6.

Highly Confidential Attorney’s Eyes Only Material.

The term “Highly

Confidential Attorney’s Eyes Only” means Discovery Material that the Producing Party
reasonably and in good faith believes constitutes or reveals:
a. trade secrets or other Confidential Information the unauthorized disclosure of
which would result in competitive, commercial or financial harm to the Producing Party or their
personnel, clients, or customers; and

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b. material that the Producing Party believes in good faith would not otherwise be
adequately protected under the procedures set forth herein for materials designated
“Confidential.”
7.

Highly Confidential Outside Attorney’s Eyes Only Material. The term “Highly

Confidential Outside Attorney’s Eyes Only” means Discovery Material produced by a Producing
Party that the Producing Party reasonably and in good faith believes constitutes or reveals:
a. trade secrets or other Confidential Information the unauthorized disclosure of
which would result in competitive, commercial or financial harm to the Producing Party or their
personnel, clients, or customers; and
b. material that the Producing Party believes in good faith would not otherwise be
adequately protected under the procedures set forth herein for materials designated “Confidential”
or “Highly Confidential Attorney’s Eyes Only.”
8.

Designating Party. A Party or Non-Party that designates Discovery Material as

“Confidential,” “Highly Confidential Attorney’s Eyes Only,” or “Highly Confidential Outside
Attorney’s Eyes Only.”
9.

Producing Party. A Party or Non-Party that produces Discovery Material in this

10.

Receiving Party. A Party that receives Discovery Material from a Producing Party.

11.

Protected Material. Confidential Material, Highly Confidential Attorney’s Eyes

Action.

Only Material, and Highly Confidential Outside Attorney’s Eyes Only Material are collectively
referred to as “Protected Material.”
12.

Designated Internal Litigation Counsel. For each Party, up to four (4) in-house

counsel who may be provided access to “Highly Confidential Attorney’s Eyes Only” material in
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this matter (1) who do not currently have and are not reasonably foreseeably expected to have
involvement in commercial negotiations or competitive decision-making, (2) to whom disclosure
is reasonably necessary for this litigation, and (3) who have executed a Non-Disclosure Agreement
in the form annexed hereto as Exhibit A. For purposes of this paragraph, Defendants The Walt
Disney Company, ESPN, Inc., ESPN Enterprises, Inc., and Hulu, LLC will be considered a single
Party. As soon as practicable after the entry of this Order, and at least seven (7) days before any
Receiving Party begins to disclose “Highly Confidential Attorney’s Eyes Only” material to a
Designated Internal Litigation Counsel, that Receiving Party shall provide the following
information to the Producing Party:
a. the full name of the Designated Internal Litigation Counsel;
b. the city and state of the Designated Internal Litigation Counsel’s primary place of
work; and
c. the Designated Internal Litigation Counsel’s state bar license number(s).
GENERAL PROVISIONS
13.

Scope. This Stipulated Protective Order governs all Discovery Material produced

by any Party or Non-Party in this Action.
14.

Limited Purpose. Unless otherwise agreed-to by the Parties or further ordered by

the Court, Protected Material may be used only in this Action, and may not be used in any other
action, proceeding, arbitration, or for any other purpose.
15.

The protections conferred by this Stipulated Protective Order cover not only

Protected Material (as defined above), but also (1) any information copied or extracted from
Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and
(3) any testimony, conversations, or presentations by Parties or their counsel that might reveal
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Protected Material. However, the protections conferred by this Stipulated Protective Order do not
cover the following information: (a) any information that is in the public domain at the time of
disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a
Receiving Party as a result of publication not involving a violation of this Stipulated Protective
Order, including becoming part of the public record through trial or otherwise; and (b) any
information known to the Receiving Party prior to the disclosure or obtained by the Receiving
Party after the disclosure from a source who obtained the information lawfully and under no
obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall
be governed by a separate agreement or order.
16.

Designation of Protected Material. A Party or Non-Party designating Discovery

Material as Confidential, Highly Confidential Attorney’s Eyes Only, or Highly Confidential
Outside Attorney’s Eyes Only, shall mark each page of the document containing such material as
“Confidential,” “Highly Confidential Attorney’s Eyes Only,” or “Highly Confidential Outside
Attorney’s Eyes Only.” If all or a portion of written discovery responses are entitled to protection
under this Stipulated Protective Order, then the entire response may be designated as
“Confidential,” “Highly Confidential Attorney’s Eyes Only,” or “Highly Confidential Outside
Attorney’s Eyes Only,” provided, however, following service of such responses and upon request
of the Receiving Party, the Parties (and Non-Parties, to the extent applicable) will meet and confer
regarding whether certain portions of those responses are not Protected Material and memorialize
any agreement in writing.
17.

Any person subject to this Stipulated Protective Order who receives from any other

person any Protected Material shall not disclose such Protected Material to anyone else except as
expressly permitted hereunder.
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18.

Any Party who either objects to any designation of confidentiality, or who, by

contrast, requests still further limits on disclosure, may at any time prior to the trial of this Action
serve upon counsel for the Designating Party a written notice stating with particularity the grounds
of the objection or request, including the Bates (document control) number of the Discovery
Material challenged for that document. The Parties (and Non-Parties, to the extent applicable)
shall meet and confer to discuss the objection within seven (7) business days. If the Parties cannot
reach agreement as to the designation, the objecting Party may move the Court for an order
determining whether such Discovery Material has been properly designated in accordance with
this Stipulated Protective Order. The Designating Party shall bear the burden of persuading the
Court that the designated material is properly designated. Pending a decision from the Court, the
challenged documents shall be treated as having been properly designated by the Producing Party.
DISCLOSURE OF PROTECTED MATERIAL
18.

Confidential Material. No person subject to this Stipulated Protective Order other

than the Producing Party shall disclose any of the Discovery Material designated by the producing
person as “Confidential” to any other person, except to:
a. the Parties to this Action;
b. the Parties’ internal counsel, and their legal, investigative, technical, administrative
and other support staff, acting on behalf of a corporate Party to the Action;
c. the Parties’ outside counsel, including any paralegal, clerical, and other assistant
employed by such counsel and assigned to this matter;
d. persons whom the Confidential Material itself indicates, or the Receiving Party
otherwise has a good faith basis to believe, were the author, creator, producer, addressee, source,
or recipient of the Discovery Material; and any person whose statements, communications or
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actions are expressly mentioned, discussed, or referred to by actual name in the material as
indicated on its face;
e. any person noticed or called to testify as a witness at a deposition, hearing,
mediation, trial, or other proceeding in the Action and to whom disclosure is reasonably necessary,
provided such person has first executed a Non-Disclosure Agreement in the form annexed as
Exhibit A hereto;
f. any person retained by or on behalf of a Party to serve as an expert witness or
otherwise provide specialized advice to counsel in connection with this Action, provided such
person has first executed a Non-Disclosure Agreement in the form annexed as Exhibit A hereto;
g. stenographic reporters, videographers and their respective staff, professional jury
or trial consultants, mock jurors, and professional vendors to whom disclosure is reasonably
necessary for this Action, provided such person has first executed a Non-Disclosure Agreement
in the form annexed hereto as Exhibit A;
h. the Court and its support personnel;
i. any current employee of the Designating Party; and
j. any mediator or other presiding officer during any alternative dispute resolution
proceeding in which the Parties have agreed to participate.
19.

Highly Confidential Attorney’s Eyes Only or Outside Attorney’s Eyes Only.

Notwithstanding the foregoing paragraph, no person subject to this Stipulated Protective Order,
other than the Producing Party, shall disclose any Discovery Material designated as “Highly
Confidential Attorney’s Eyes Only” or “Highly Confidential Outside Attorney’s Eyes Only” to
any other person, except to:

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a. Designated Internal Litigation Counsel for each Party, unless a Producing Party
designates the Discovery Material as “Highly Confidential Outside Attorney’s Eyes Only,” in
which case the Material shall not be disclosed to Designated Internal Litigation Counsel;
b. the Parties’ outside counsel retained in connection with this matter, including any
paralegal, clerical, and other assistant employed by such counsel and assigned to this matter;
c. persons whom the Highly Confidential Attorney’s Eyes Only Material or Highly
Confidential Outside Attorney’s Eyes Only itself indicates were the author, creator, producer,
addressee, source, or recipient of the document; and any person whose statements,
communications or actions are expressly mentioned, discussed, or referred to by actual name in
the material as indicated on its face;
d. a witness testifying at a deposition, hearing, or trial, provided that one of the
following conditions are met:
i. the witness is an officer or designee testifying on behalf of a Designating
Party pursuant to Fed. R. Civ. P. 30(b)(6) and the examining Party has a good-faith basis to believe
that person has knowledge of information in the document or the document’s subject matter;
ii. the witness is a current employee of the Designating Party or entity;
iii. the witness is a former employee of the Designating Party or entity and the
examining Party has a good-faith basis to believe the witness has or had lawful access to the
specific material to be disclosed (but only to the extent the document was created during the time
of such former employee’s employment by the Designating Party and if the Designating Party has
a reasonable basis to believe that the former employee knew or had access to the information in
the document during the term of his employment with the Designating Party); or
iv. the person is otherwise permitted access under this Paragraph.
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v. Absent any of these circumstances or order of the Court, the Party wishing
to use Highly Confidential Attorney’s Eyes Only Material or Highly Confidential Outside
Attorney’s Eyes Only Material in an examination of a witness must obtain prior consent from the
Producing Party.
e. any person retained by a Party in good faith to serve as an expert witness or
consultant or otherwise provide specialized advice to outside counsel in connection with this
Action, provided such person has first executed a Non-Disclosure Agreement in the form annexed
hereto as Exhibit A;
f. stenographic reporters, videographers and their respective staff, professional jury
or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably
necessary for this Action, provided such person has first executed a Non-Disclosure Agreement
in the form annexed hereto as Exhibit A;
g. any other person whom the Producing Party agrees in writing may have access to
such Discovery Material;
h. the Court and its support personnel; and
i. any mediator or other presiding officer during alternative dispute resolution
proceedings for which the Parties have agreed to participate.
USE OF PROTECTED MATERIAL BY A PARTY IN THIS ACTION
20.

Depositions. From the date of a deposition until thirty (30) business days after

receipt of a final deposition transcript, such transcript shall be deemed Highly Confidential
Attorney’s Eyes Only in accordance with this Stipulated Protective Order unless the Parties
otherwise agree. Absent a timely designation of some or all of the final transcript as Confidential
Material or Highly Confidential Attorney’s Eyes Only Material, this presumptive designation shall
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lapse. The designation shall be made either on the record during the deposition or in writing and
served upon all counsel of record and the relevant court reporter. Any designation of a transcript
(or portion thereof) shall be treated as a designation of the deposition’s video, or portion thereof,
and vice-versa.
21.

Filings. All Protected Material filed with the Court, and all portions of pleadings,

motions, or other papers filed with the Court that disclose such Protected Material, shall be filed
under seal and kept under seal until further order of the Court. The Parties will use their best
efforts to minimize such sealing. In any event, any party filing a motion or any other papers with
the Court under seal shall also publicly file a redacted copy of the same, via the Court’s Electronic
Case Filing system, that redacts only the Protected Material itself, and not text that in no material
way reveals the Protected Material.
22.

Use of Non-Party Highly Confidential Material. Any Party that seeks to use at a

public hearing Protected Material that a Non-Party has designated Highly Confidential Attorney’s
Eyes Only or Highly Confidential Outside Attorney’s Eyes Only shall meet and confer with the
Non-Party prior to the hearing. For the preliminary injunction hearing, any Party that seeks to use
Highly Confidential Attorney’s Eyes Only or Highly Confidential Outside Attorney’s Eyes Only
material shall provide notice to the Non-Party no later than July 26, 2024. The relevant Party and
Non-Party shall meet and confer to consider whether protection such as redactions, limiting publicfacing screens, or not quoting the Highly Confidential material into the public record can resolve
any confidentiality concerns. To the extent that the Party and Non-Party cannot reach agreement,
they shall submit joint letter briefs to the Court no later than July 31, 2024, detailing the Highly
Confidential Attorney’s Eyes Only or Highly Confidential Outside Attorney’s Eyes Only material
sought to be shown publicly, the necessity of such protections, and the Party and Non-Party’s
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meet-and-confer efforts. Unless and until the Court rules that the Party may use material that the
Non-Party has designated Highly Confidential Attorney’s Eyes Only or Highly Confidential
Outside Attorney’s Eyes Only at a public hearing, such disclosure will not be allowed.
23.

Trial. All persons are hereby placed on notice that the Court is unlikely to seal or

otherwise afford confidential treatment to any Protected Material introduced in evidence at trial or
the preliminary injunction hearing, even if such material has previously been sealed or designated
as Confidential, Highly Confidential Attorney’s Eyes Only, or Highly Confidential Outside
Attorney’s Eyes Only. The Court also retains unfettered discretion whether to afford confidential
treatment to any Protected Material submitted to the Court in connection with any motion,
application, or proceeding that may result in an order and/or decision by the Court.
REQUEST FOR CURE OF UNAUTHORIZED DISCLOSURES
24.

Each person who has access to Protected Material that has been designated as

Confidential, Highly Confidential Attorney’s Eyes Only, or Highly Confidential Outside
Attorney’s Eyes Only shall take all due precautions to prevent the unauthorized or inadvertent
disclosure of such material.
25.

Any Party or Non-Party (or counsel to any Party or Non-Party) that becomes aware

of any unauthorized disclosure of Protected Material or any breach of this Stipulated Protective
Order shall promptly give notice to the Party or Non-Party that produced or supplied the Protected
Material of such circumstances, including a reasonable description of the circumstances that led
to the unauthorized disclosure. Upon receipt of such notice, the Party or Non-Party that produced
or supplied the Protected Material may seek such other relief as is appropriate. In any event, the
Party or Non-Party that made the unauthorized disclosure shall immediately use its best efforts to
retrieve such information and to prevent further disclosure.
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PRODUCTION OF PROTECTED MATERIAL WITHOUT DESIGNATION
26.

The production of Protected Material without a designation as Confidential, Highly

Confidential Attorney’s Eyes Only, or Highly Confidential Outside Attorney’s Eyes Only Material
shall not be deemed a waiver or impairment of any subsequent claim of protection of the
confidential nature of any such material.
27.

Upon a Party or Non-Party’s discovery that its information was not correctly

designated, that Party or Non-Party shall provide notice to the other Parties that the information
was inappropriately designated. The Producing Party or Non-Party shall then have twenty (20)
business days in which to re-designate the information and produce a replacement copy of the redesignated document with appropriate confidentiality mark. The document shall be produced with
an overlay load file referencing the original Bates number and including a metadata field indicating
the confidential status of the document. If the reproduced document is stamped with a new Bates
number, the load file shall include a cross-reference field to the original Bates number. If an
inadvertently-omitted Confidential, Highly Confidential Attorney’s Eyes Only, or Highly
Confidential Outside Attorney’s Eyes Only designation is first claimed by the Producing Party
during the course of a deposition, hearing or proceeding in which such Protected Material is
disclosed as though no designation had been made, it must be treated immediately going forward
as though that Confidential, Highly Confidential Attorney’s Eyes Only, or Highly Confidential
Outside Attorney’s Eyes Only designation had been previously made. The Producing Party of
such Protected Material shall then have twenty (20) business days in which to re-designate the
information and produce a replacement copy of the re-designated document with appropriate
confidentiality mark.

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28.

Additionally, upon notice that any Protected Material has not been appropriately

designated and upon receipt of the re-produced document with the appropriate confidentiality
stamp, the Party receiving such notice shall return or destroy all incorrectly marked Protected
Materials. Upon notice, the Receiving Party shall make a reasonable, good-faith effort to ensure
that any analyses, memoranda, or notes that were generated based upon such material before its
re-designation shall immediately be treated in conformity with any such re-designation. The
Receiving Party shall thereafter treat the documents consistent with the designated level of
confidentiality. No Party is deemed to violate this Stipulated Protective Order if, prior to
notification of any designation, Protected Material has been disclosed or used in a manner
inconsistent with the later designation. If such Protected Material became a part of the public
record prior to notice of a request to change its designation, it is the responsibility of the Party or
Non-Party who changed the designation to move the Court for appropriate relief.
PRODUCTION OF PRIVILEGED OR OTHER MATERIAL IMMUNE FROM
DISCOVERY
29.

The production of privileged or work-product protected documents, electronically

stored information (“ESI”) or information, whether inadvertent or otherwise, is not a waiver of the
privilege or protection from discovery in this case or in any other federal or state proceeding
pursuant to Federal Rule of Evidence 502(d).
30.

Nothing contained herein is intended to or shall serve to limit a party’s right to

conduct a review of documents, ESI or information (including metadata) for responsiveness and/or
segregation of privileged and/or protected information before production.
31.

If the Producing Party becomes aware that it has produced privileged or work-

product protected documents, ESI or information, the Producing Party will promptly notify the
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Receiving Party in writing of the production and the basis of the privilege being asserted. The
obligations of the Receiving Party are those set forth in Federal Rule of Civil Procedure
26(b)(5)(B).
32.

The Producing Party retains the burden of establishing the privileged or protected

nature of any information.
CONCLUSION OF LITIGATION
33.

This Stipulated Protective Order shall survive the termination of this Action.

Within forty-five (45) calendar days of the final disposition of this Action, all Discovery Material
designated as “Confidential,” “Highly Confidential Attorney’s Eyes Only,” or “Highly
Confidential Outside Attorney’s Eyes Only,” and all copies thereof, shall be promptly returned to
the producing person or destroyed. This obligation does not extend to data stored on enterprise
data back-up systems which store and delete data for emergency back-up purposes only, so long
as such data is subject to a periodic and automatic destruction policy.
34.

Notwithstanding the above requirements to return or destroy documents, Counsel

of Record may retain (1) attorney work product, and (2) a complete set of all documents filed with
the Court, including those filed under seal.
35.

This Court shall retain jurisdiction over all persons subject to this Stipulated

Protective Order to the extent necessary to enforce any obligations arising hereunder or to impose
sanctions for any contempt thereof.
36.

This Stipulated Protective Order may be signed in counterparts.

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SO STIPULATED AND AGREED.
Dated: July 5, 2024
/s/ Thomas G. Schultz
Mark C. Hansen (admitted pro hac vice)
Evan T. Leo (admitted pro hac vice)
Kevin J. Miller (admitted pro hac vice)
Joseph S. Hall (SDNY Bar No. JH2612)
Thomas G. Schultz (admitted pro hac vice)
Joshua Hafenbrack (admitted pro hac vice)
KELLOGG, HANSEN, TODD, FIGEL
& FREDERICK, P.L.L.C.
1615 M Street, NW
Suite 400
Washington, DC 20036
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

/s/ Antony L. Ryan
Antony L. Ryan
Joe Wesley Earnhardt
Yonatan Even
Damaris Hernández
Michael P. Addis
CRAVATH, SWAINE & MOORE LLP
825 Eighth Avenue
New York, NY 10019
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Counsel for Defendants The Walt Disney
Company, ESPN, Inc., ESPN Enterprises, Inc.,
and Hulu, LLC

Counsel for Plaintiffs fuboTV Inc. and fuboTV
Media Inc.

/s/ Andrew J. Levander
Andrew J. Levander
Steven E. Bizar
Steven A. Engel
Michael H. McGinley (admitted pro hac vice)
Erica Fruiterman (admitted pro hac vice)
DECHERT, LLP
1095 Avenue of the Americas
New York, NY 10036
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

/s/ David L. Yohai
David L. Yohai
Adam C. Hemlock
Elaina K. Aquila
Robert W. Taylor
Theodore E. Tseskerides
WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, NY 10153
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
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[e-mail]

[e-mail]

Counsel for Defendant Fox Corporation

Counsel for Warner Bros. Discovery, Inc.

SO ORDERED.
Date:

07/08/2024
New York, New York

MARGARET M. GARNETT
United States District Judge

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EXHIBIT A
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
FUBOTV INC. and FUBOTV MEDIA INC.,
Plaintiffs,
-against-

Civil Action No. 24-cv-1363-MMG-JW
NON-DISCLOSURE AGREEMENT

THE WALT DISNEY COMPANY, ESPN,
INC., ESPN ENTERPRISES, INC., HULU,
LLC, FOX CORPORATION, and WARNER
BROS. DISCOVERY, INC.,
Defendants.

I, _____________________________, acknowledge that I have read and understand the
Protective Order in this Action governing the non-disclosure of those portions of Discovery
Material that have been designated as Confidential or Highly Confidential Attorney’s Eyes Only.
I agree that I will not disclose such Protected Material to anyone other than for purposes of this
Action, and that at the conclusion of the Action, I will return all discovery information to the party
or attorney from whom I received it. By acknowledging these obligations under the Stipulated
Protective Order, I understand that I am submitting myself to the jurisdiction of the United States
District Court for the Southern District of New York for the purpose of any issue or dispute arising
hereunder, and that my willful violation of any term of the Stipulated Protective Order could
subject me to punishment for contempt of Court.

Dated:

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