Arizona Board of Regents et al v. Sportswear Inc et al, No. 2:2021cv00135 - Document 49 (E.D. Wash. 2023)

Court Description: ORDER granting ECF No. 48 Stipulated Motion for Protective Order. Signed by Judge Thomas O. Rice.

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Arizona Board of Regents et al v. Sportswear Inc et al Case 2:21-cv-00135-TOR ECF No. 49 1 Doc. 49 filed 05/16/23 PageID.1779 Page 1 of 18 HONORABLE THOMAS O. RICE. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 John Fetters (WSBA #40800) Joshua Harms (WSBA #55679) Stokes Lawrence, P.S. 1420 Fifth Avenue, Suite 3000 Seattle, WA 98101-2393 Telephone: (206) 626-6000 Fax: (206) 464-1496 E-mail: John.fetters@stokeslaw.com Joshua.Harms@stokeslaw.com Attorneys for Defendants SPORTSWEAR INC. d/b/a PREP SPORTSWEAR and VINTAGE BRAND, LLC. Javier F. Garcia Washington Bar No. 38259 JGarcia@perkinscoie.com PERKINS COIE LLP 1201 Third Avenue Suite No. 4900 Seattle, Washington 98101-3099 Phone: (206) 359-8000 Stephen F. English (to be admitted pro hac vice) SEnglish@perkinscoie.com PERKINS COIE LLP 1120 NW Couch Street 10th Floor Portland, Oregon 97209-4128 Phone: (503) 727-2000 Thomas L. Holt (pro hac vice) THolt@perkinscoie.com Jeremy L. Buxbaum (pro hac vice) 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 1 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Dockets.Justia.com Case 2:21-cv-00135-TOR 1 2 3 ECF No. 49 filed 05/16/23 PageID.1780 Page 2 of 18 JBuxbaum@perkinscoie.com PERKINS COIE LLP 110 North Wacker Drive Suite No. 3400 Chicago, Illinois 60606 Phone: (312) 324-8400 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Attorneys for Plaintiffs, The Arizona Board of Regents on Behalf of The University of Arizona and Arizona State University, The Regents of The University of California on Behalf of University of California, Berkeley and University of California, Los Angeles, The Regents of The University of Colorado on Behalf of The University of Colorado Boulder, University of Oregon, Oregon State University, The Board of Trustees of The Leland Stanford Jr. University, University of Utah, University of Washington and Washington State University S. Annie Allison Washington Bar No. 48397 annie.allison@haynesboone.com HAYNES AND BOONE, LLP 30 Rockefeller Plaza, 26th Floor New York, NY 10112 Phone: (212) 835-4858 David Clark (pro hac vice) david.clark@haynesboone.com HAYNES AND BOONE, LLP 600 Anton Blvd., Suite 700 Costa Mesa, CA 92626 Phone: (949) 202-3086 Attorneys for Plaintiff, The University of Southern California 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 2 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR 3 4 5 6 7 8 9 10 11 12 13 THE ARIZONA BOARD OF REGENTS ON BEHALF OF THE UNIVERSITY OF ARIZONA AND ARIZONA STATE UNIVERSITY, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ON BEHALF OF UNIVERSITY OF CALIFORNIA, BERKELEY AND UNIVERSITY OF CALIFORNIA, LOS ANGELES, THE REGENTS OF THE UNIVERSITY OF COLORADO ON BEHALF OF THE UNIVERSITY OF COLORADO BOULDER, UNIVERSITY OF OREGON, OREGON STATE UNIVERSITY, THE UNIVERSITY OF SOUTHERN CALIFORNIA, THE BOARD OF TRUSTEES OF THE LELAND STANFORD JR. UNIVERSITY, UNIVERSITY OF UTAH, UNIVERSITY OF WASHINGTON, AND WASHINGTON STATE UNIVERSITY, 14 15 filed 05/16/23 PageID.1781 Page 3 of 18 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON (SPOKANE) 1 2 ECF No. 49 Case No.: 2:21-cv-00135-TOR ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER Plaintiffs, v. SPORTSWEAR INC. d/b/a PREP 16 SPORTSWEAR and VINTAGE BRAND, LLC, 17 Defendants. 18 19 This matter came before the Court on the Parties’ Stipulated Motion for 20 Protective Order, Dkt. #48. This Court having reviewed the file and records herein 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 3 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR 1 ECF No. 49 filed 05/16/23 PageID.1782 Page 4 of 18 and being otherwise advised in the premises, NOW THEREFORE, IT IS HEREBY ORDERED as follows: 2 1. PURPOSES AND LIMITATIONS 3 4 Discovery in this action is likely to involve production of confidential, 5 proprietary, or private information for which special protection may be warranted. 6 Accordingly, the parties hereby stipulate to and petition the court to enter the 7 following Stipulated Protective Order. The parties acknowledge that this agreement 8 does not confer blanket protection on all disclosures or responses to discovery, the 9 protection it affords from public disclosure and use extends only to the limited 10 information or items that are entitled to confidential treatment under the applicable 11 legal principles, and it does not presumptively entitle parties to file information 12 under seal. 13 2. “CONFIDENTIAL” MATERIAL 14 “Confidential” means any document, thing, or information (or any summaries, 15 reports, or descriptions thereof) that is non-public. In designating information as 16 “Confidential,” a party will make such designation only as to the information that it 17 in good faith believes contains the foregoing information. 18 “Highly Confidential,” “Attorneys’ Eyes Only,” and “AEO” mean any 19 document, thing, or information (or any summaries, reports, or descriptions thereof) 20 that comprises or contains information that the producing party claims in good faith 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 4 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR ECF No. 49 filed 05/16/23 PageID.1783 Page 5 of 18 1 is highly sensitive and constitutes or relates to trade secrets or other confidential 2 research, development, or commercial information within the scope of Federal Rule 3 of Civil Procedure 26(c)(1)(G), including but not limited to technical information, 4 pricing and revenue information, and other competitively sensitive data the 5 disclosure of which to persons other than those set forth in Paragraph 4.b below, 6 would create a substantial risk of serious harm that could not be avoided by less 7 restrictive means. 3. SCOPE 8 9 The protections conferred by this agreement cover not only Confidential and 10 Highly Confidential material (as defined above), but also (1) any information copied 11 or extracted from such material; (2) all copies, excerpts, summaries, or compilations 12 of such material; and (3) any testimony, conversations, or presentations by parties 13 or their counsel that might reveal such material. 14 However, the protections conferred by this agreement do not cover 15 information that is in the public domain or becomes part of the public domain 16 through trial or otherwise. 17 4. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL 18 4.1 Basic Principles. A receiving party may use Confidential and Highly 19 Confidential material that is disclosed or produced by another party or by a non- 20 party in connection with this case only for prosecuting, defending, or attempting to 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 5 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR ECF No. 49 filed 05/16/23 PageID.1784 Page 6 of 18 1 settle this litigation. Confidential and Highly Confidential material may be disclosed 2 only to the categories of persons and under the conditions described in this 3 agreement. Confidential and Highly Confidential material must be stored and 4 maintained by a receiving party at a location and in a secure manner that ensures that 5 access is limited to the persons authorized under this agreement. 6 7 8 9 4.2 Disclosure of Confidential and Highly Confidential–Attorneys’ Eyes Only Information or Items. (a) Unless otherwise ordered by the court or permitted in writing by the designating party, a receiving party may disclose Confidential material only to: 10 (i) the officers, directors, and employees (including in house counsel) 11 of the receiving party to whom disclosure is reasonably necessary for this litigation; 12 (ii) persons identified as actual or potential witnesses who may testify 13 at any deposition or hearing in this action and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 15 agreed by the designating party or ordered by the court; 16 17 18 (iii) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; and (iv) any person identified in Paragraph 4.2(b) below. 19 20 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 6 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR ECF No. 49 filed 05/16/23 PageID.1785 Page 7 of 18 1 (b) Unless otherwise ordered by the court or permitted in writing by the 2 designating party, a receiving party may disclose Highly Confidential–Attorneys’ 3 Eyes Only material only to: 4 (i) the receiving party’s counsel of record in this action, as well as 5 employees of counsel to whom it is reasonably necessary to disclose the information 6 for this litigation; 7 (ii) the court, court personnel, and court reporters and their staff; 8 (iii) experts and consultants to whom disclosure is reasonably necessary 9 for this litigation and who have signed the “Acknowledgment and Agreement to Be 10 Bound” (Exhibit A); 11 (iv) any person who authored and/or received the Highly Confidential 12 information sought to be disclosed to that person, or any witness testifying in a 13 deposition or hearing when the examining attorney has a good faith basis to believe 14 the witness is the author and/or received the Highly Confidential information sought 15 to be disclosed to that witness; and any witness testifying in a deposition or hearing 16 may be shown Highly Confidential information of a producing party provided that 17 the witness is: (a) a current employee, attorney, director, officer, or agent of the 18 producing party, or a corporate designee of the producing party under Rule 30(b)(6) 19 of the Federal Rules of Civil Procedure; or (b) a former employee, attorney, director, 20 officer, or agent of the producing party if, at the time of the witness’s employment, 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 7 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR ECF No. 49 filed 05/16/23 PageID.1786 Page 8 of 18 1 the Highly Confidential information was in existence and the witness had access to 2 such Highly Confidential information; 3 (v) litigation support vendors retained by counsel for such functions as 4 document collection, processing, management, coding, hosting or storage and 5 photocopying, scanning, stenography, videography, imaging, or preparation of 6 graphics, demonstratives, and audio and/or video productions or other exhibits for 7 deposition, trial, or other court proceedings in this action, but only to the extent 8 necessary for the particular litigation support services being rendered and in 9 accordance with the vendor’s ordinary operating procedure; 10 (vi) mock jurors and/or their trial or jury consultants engaged by the 11 parties in preparation for trial, provided that (i) no party will use any mock juror who 12 is employed or affiliated with or who is related to or has a close personal relationship 13 with any person employed by or affiliated with either party to this action; (ii) mock 14 jurors will not be allowed to retain any tangible materials that contain or disclose 15 any designated material; and (iii) and all such mock jurors have signed the 16 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 (vii) mediators or similar outside parties and their staffs enlisted by the 18 Court or the parties to assist in the resolution of the claims and defenses of the parties 19 in the action; 20 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 8 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR ECF No. 49 filed 05/16/23 PageID.1787 Page 9 of 18 1 (viii) insurers, accountants, auditors, independent consultants or 2 regulators to whom a party may be required to respond or report in its ordinary 3 course of business regarding the action or proceedings arising out of or related to the 4 action; and 5 (ix) any other person for whom the receiving party can show good 6 cause, but only upon order of the Court or with advance written permission of the 7 producing party. 8 4.3 Filing Confidential and Highly Confidential Material. Before filing 9 Confidential or Highly Confidential material or discussing or referencing such 10 material in court filings, the filing party shall confer with the designating party, to 11 determine whether the designating party will remove the Confidential or Highly 12 Confidential designation, whether the document can be redacted, or whether a 13 motion to seal or stipulation and proposed order is warranted. 14 5. DESIGNATING PROTECTED MATERIAL 15 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 16 party or non-party that designates information or items for protection under this 17 agreement must take care to limit any such designation to specific material that 18 qualifies under the appropriate standards. The designating party must designate for 19 protection only those parts of material, documents, items, or oral or written 20 communications that qualify, so that other portions of the material, documents, 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 9 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR ECF No. 49 filed 05/16/23 PageID.1788 Page 10 of 18 1 items, or communications for which protection is not warranted are not swept 2 unjustifiably within the ambit of this agreement. 3 Mass, indiscriminate, or routinized designations are prohibited. Designations 4 that are shown to be clearly unjustified or that have been made for an improper 5 purpose (e.g., to unnecessarily encumber or delay the case development process or 6 to impose unnecessary expenses and burdens on other parties) expose the 7 designating party to sanctions. 8 If it comes to a designating party’s attention that information or items that it 9 designated for protection do not qualify for protection, the designating party must 10 promptly notify all other parties that it is withdrawing the mistaken designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided in this 12 agreement (see, e.g., second paragraph of section 5.2(b) below), or as otherwise 13 stipulated or ordered, disclosure or discovery material that qualifies for protection 14 under this agreement must be clearly so designated before or when the material is 15 disclosed or produced. 16 (a) Information in documentary form: (e.g., paper or electronic 17 documents and deposition exhibits, but excluding transcripts of depositions or other 18 pretrial or trial proceedings), the designating party must affix the word 19 “Confidential” or “Highly Confidential”/ “Attorneys’ Eyes Only”/ “AEO” to each 20 page that contains such material. If only a portion or portions of the material on a 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 10 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR ECF No. 49 filed 05/16/23 PageID.1789 Page 11 of 18 1 page qualifies for protection, the producing party also must clearly identify the 2 protected portion(s) (e.g., by making appropriate markings in the margins). 3 (b) Testimony given in deposition or in other pretrial proceedings: the 4 parties and any participating non-parties may identify on the record, during the 5 deposition or other pretrial proceeding, all protected testimony, without prejudice to 6 their right to so designate other testimony after reviewing the transcript. Any party 7 or non-party may, within 30 days after receiving the transcript of the deposition or 8 other pretrial proceeding, designate portions of the transcript, or exhibits thereto, as 9 protected material. All deposition transcripts shall be treated as Attorneys’ Eyes 10 Only for a period of 30 days after initial receipt of the transcript. If a party or non- 11 party desires to protect information at trial, the issue should be addressed during the 12 pre-trial conference. 13 (c) Other tangible items: the producing party must affix in a prominent 14 place on the exterior of the container or containers in which the information or item 15 is stored the word “Confidential” or “Highly Confidential”/ “Attorneys’ Eyes Only”/ 16 “AEO”. If only a portion or portions of the information or item warrant protection, 17 the producing party, to the extent practicable, shall identify the protected portion(s). 18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 19 failure to designate qualified information or items does not, standing alone, waive 20 the designating party’s right to secure protection under this agreement for such 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 11 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR ECF No. 49 filed 05/16/23 PageID.1790 Page 12 of 18 1 material. Upon timely correction of a designation, the receiving party must make 2 reasonable efforts to ensure that the material is treated in accordance with the 3 provisions of this agreement. 6. CHALLENGING DESIGNATIONS 4 5 6.1 Timing of Challenges. Any party or non-party may challenge a 6 designation at any time. Unless a prompt challenge to a designating party’s 7 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary 8 economic burdens, or a significant disruption or delay of the litigation, a party does 9 not waive its right to challenge a designation by electing not to mount a challenge 10 promptly after the original designation is disclosed. 11 6.2 Meet and Confer. The parties must make every attempt to resolve any 12 dispute regarding designations without court involvement. Any motion regarding 13 designations or for a protective order must include a certification, in the motion or 14 in a declaration or affidavit, that the movant has engaged in a good faith meet and 15 confer conference with other affected parties in an effort to resolve the dispute 16 without court action. The certification must list the date, manner, and participants to 17 the conference. 18 6.3 Judicial Intervention. If the parties cannot resolve a challenge without 19 court intervention, the designating party may file and serve a motion to retain the 20 designation. The burden of persuasion in any such motion shall be on the designating 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 12 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR ECF No. 49 filed 05/16/23 PageID.1791 Page 13 of 18 1 party. Frivolous challenges, and those made for an improper purpose (e.g., to harass 2 or impose unnecessary expenses and burdens on other parties) may expose the 3 challenging party to sanctions. All parties shall continue to maintain the material in 4 question as designated until the court rules on the challenge. 5 7. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 6 OTHER LITIGATION 7 If a party is served with a subpoena or a court order issued in other litigation 8 that compels disclosure of any information or items designated pursuant to this 9 agreement in this action, that party must: 10 11 (a) promptly notify the designating party in writing and include a copy of the subpoena or court order; 12 (b) promptly notify in writing the party who caused the subpoena or 13 order to issue in the other litigation that some or all of the material covered by the 14 subpoena or order is subject to this agreement. Such notification shall include a copy 15 of this agreement; and 16 17 (c) cooperate with respect to all reasonable procedures sought to be pursued by the designating party whose protected material may be affected. 18 8. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 If a receiving party learns that, by inadvertence or otherwise, it has disclosed 20 protected material to any person or in any circumstance not authorized under this 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 13 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR ECF No. 49 filed 05/16/23 PageID.1792 Page 14 of 18 1 agreement, the receiving party must immediately (a) notify in writing the designating 2 party of the unauthorized disclosures, (b) use its best efforts to retrieve all 3 unauthorized copies of the protected material, (c) inform the person or persons to 4 whom unauthorized disclosures were made of all the terms of this agreement, and 5 (d) request that such person or persons execute the “Acknowledgment and 6 Agreement to Be Bound” that is attached hereto as Exhibit A. 7 9. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 8 PROTECTED MATERIAL 9 When a producing party gives notice to receiving parties that certain 10 inadvertently produced material is subject to a claim of privilege or other protection, 11 the obligations of the receiving parties are those set forth in Federal Rule of Civil 12 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 13 may be established in an e-discovery order or agreement that provides for production 14 without prior privilege review. The parties agree to the entry of a non-waiver order 15 under Fed. R. Evid. 502(d) as set forth herein. 16 10. TERMINATION AND RETURN OF DOCUMENTS 17 Within 60 days after the termination of this action, including all appeals, each 18 receiving party must return all protected material to the producing party, including 19 all copies, extracts and summaries thereof. Alternatively, the parties may agree upon 20 appropriate methods of destruction. 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 14 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR ECF No. 49 filed 05/16/23 PageID.1793 Page 15 of 18 1 Notwithstanding this provision, counsel are entitled to retain one archival 2 copy of all documents filed with the court, trial, deposition, and hearing transcripts, 3 correspondence, deposition and trial exhibits, expert reports, attorney work product, 4 and consultant and expert work product, even if such materials contain protected 5 material. The obligations imposed by this agreement shall remain in effect until a 6 7 designating party agrees otherwise in writing or a court orders otherwise. 11. CLAW BACK AGREEMENT 8 9 Pursuant to Federal Rule of Evidence 502(d), the production of any 10 documents in this proceeding shall not, for the purposes of this proceeding or any 11 other federal or state proceeding, constitute a waiver by the producing party of any 12 privilege applicable to those documents, including the attorney-client privilege, 13 attorney work-product protection, or any other privilege or protection recognized by 14 law. 15 PURSUANT TO STIPULATION, IT IS SO ORDERED. 16 Dated this 16th day of May 2023. 17 18 19 ___________________________________ THOMAS O. RICE United States District Judge 20 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 15 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR ECF No. 49 filed 05/16/23 PageID.1794 Page 16 of 18 2 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, ______ [print or type full name], of _______ [print or type full address], declare 3 under penalty of perjury that I have read in its entirety and understand the Stipulated 4 Protective Order that was issued by the United States District Court for the Eastern 5 District of Washington on [date] in the case of Arizona Board of Regents et al. v. 6 Sportswear Inc. et al, 2:21-cv-00135-TOR. I agree to comply with and to be bound 7 by all the terms of this Stipulated Protective Order and I understand and 8 acknowledge that failure to so comply could expose me to sanctions and punishment 9 in the nature of contempt. I solemnly promise that I will not disclose in any manner 10 any information or item that is subject to this Stipulated Protective Order to any 11 person or entity except in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court 13 for the Eastern District of Washington for the purpose of enforcing the terms of this 14 Stipulated Protective Order, even if such enforcement proceedings occur after 15 termination of this action. 16 Date: ________________ 17 City and State where sworn and signed: ____________________ 18 Printed name: ___________________ 19 Signature: _________________________ 1 20 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 16 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR ECF No. 49 filed 05/16/23 PageID.1795 Page 17 of 18 1 2 Presented by: 3 PERKINS COIE LLP STOKES LAWRENCE, P.S. 4 By: /s/ Javier F. Garcia (per e-mail authority 5/12/23) Javier F. Garcia (WSBA #38259) Thomas Holt (Pro Hac Vice) Jeremy L. Buxbaum (Pro Hac Vice) Perkins Coie, LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101 Telephone: (206) 359-8000 jgarcia@perkinscoie.com tholt@perkinscoie.com jbuxbaum@perkinscoie.com By: /s/ John T. Fetters John T. Fetters (WSBA #40800) Joshua Harms (WSBA #55679) Stokes Lawrence, P.S. 1420 Fifth Avenue, Suite 3000 Seattle, WA 98101-2393 Telephone: (206) 626-6000 Fax: (206) 464-1496 John.fetters@stokeslaw.com Joshua.harms@stokeslaw.com 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Attorneys for Plaintiffs The Arizona Board of Regents on Behalf of The University of Arizona and Arizona State University, The Regents of The University of California on Behalf of University of California, Berkeley and University of California, Los Angeles, The Regents of The University of Colorado on Behalf of The University of Colorado Boulder, University of Oregon, Oregon State University, The Board of Trustees of The Leland Stanford Jr. University, University of Utah, University of Washington, and Washington State University Attorneys for Defendants Sportswear, Inc. d/b/a Prep Sportswear and Vintage Brand, LLC 19 HAYNES BOONE, LLP 20 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 17 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000 Case 2:21-cv-00135-TOR 1 2 3 4 5 6 ECF No. 49 filed 05/16/23 PageID.1796 Page 18 of 18 By: /s/ S. Annie Allison (per e-mail authority 5/12/23) S. Annie Allison (WSBA #48397) David Clark (pro hac vice) 30 Rockefeller Plaza, 26th Floor New York, NY 10112 Telephone: (212) 835-4858 annie.allison@haynesboone.com david.clark@haynesboone.com Attorneys for Plaintiff The University of Southern California 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER - 18 STOKES LAWRENCE, P.S. 1420 FIFTH AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98101-2393 (206) 626-6000

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