[PROPOSED] STIPULATED PROTECTIVE ORDER CONCERNING USE OF NIELSON COMPANY RATINGS MATERIALS

CHARLES EICK, Magistrate Judge.

GOOD CAUSE STATEMENT

The Court may enter a protective order upon a showing of good cause. Phillips v. G.M Corp., 307 F.3d 1206, 1209 (9th Cir. 2002) (Rule 26(c)). Here, there is good cause for the entry of this protective order. Plaintiff Richard Postman ("Plaintiff') has filed claims of copyright infringement against defendants Spin Master Ltd. and Matthew Wexler (together "Spin Master Defendants"), and against defendants Viacom Inc. and Viacom International, Inc. ("Viacom Defendants") relating to the animated television program Paw Patrol. Plaintiff has requested that the Viacom Defendants produce certain information and documents concerning Paw Patrol'stelevisions ratings, including ratings data that is created and furnished to Viacom Defendants by the Nielsen Company, LLC ("Nielsen"). Nielsen, which is not a party to this action, deems its ratings materials to be confidential, sensitive, and proprietary business information, which it licenses to clients such as the Viacom Defendants for valuable consideration. Viacom Defendants have commitments to Nielsen to protect ratings materials and limit their public dissemination, and Viacom Defendants likewise consider the materials to be proprietary information.

The use of Nielsen ratings materials should be limited within this litigation to prevent harm to Nielsen and the Viacom Defendants from unnecessary disclosures. The purpose of this Stipulation and Protective Order is to provide a means for limiting access to and use and disclosure of Nielsen ratings materials that are produced in this action. Any unauthorized disclosure of confidential documents or information in violation of this Order may be subject to discipline by the contempt powers of this Court.

Based on the foregoing, the Parties stipulate and the Court ORDERS as follows:

1. All Nielsen ratings materials shall be marked as "CONFIDENTIAL" pursuant to the Parties' December 14, 2014 Stipulated Protective Order and shall be subject to the protections for CONFIDENTIAL information set forth in the December 14, 2014 Stipulated Protective Order.

2. This Stipulation and Protective Order contemplates that certain information may be extracted from Nielsen ratings materials and/or that summaries (including tables, charts, graphs, etc.) of information contained in such materials may be prepared, and that such extracts or summaries may be offered as evidence at trial. In addition, the Parties to the action recognize that certain witnesses may wish to testify concerning information contained in Nielsen ratings materials. The provisions of this Stipulation and Protective Order relating to Nielsen ratings materials shall be equally applicable to such extracts, summaries, and testimonies based on such documents.

3. The Parties agree and stipulate that the data contained in the Nielsen ratings materials is a reasonably accurate representation of television viewing in the relevant geographic area, and that such data is admissible as evidence to show such facts (provided that such facts are themselves relevant and material to any particular issue on which they may be offered).

4. The Parties agree not to assert and do hereby waive any objections to admissibility of any Nielsen ratings materials on the grounds that they may constitute hearsay, or that they contain opinions, or that they are not the best evidence of information reported therein.

5. The Parties agree not to assert and do hereby waive any objections to the ity and genuineness of the Nielsen ratings materials.

6. The Parties agree that neither Nielsen nor any Nielsen officer, director, employee, agent, or other individual will be subpoenaed or otherwise required to testify in any manner concerning any Nielsen ratings materials to be offered into evidence, and further that the methodology utilized by Nielsen will not be an issue that is contested in this lawsuit.

7. The Parties agree to provide Nielsen with copies of any Exhibits derived from Nielsen ratings materials ten (10) days before the time such Exhibits are presented to the Court or offered into evidence.

8. All notices concerning this Stipulation to Nielsen shall be mailed to Nielsen at the time that the notice to Nielsen is to be given as follows:

The parties giving the notice shall also telephone the fact of the notice to the General Counsel of The Nielsen Company — Media by calling 646-654-5042.

9. The terms of this Stipulation and Protective Order shall survive and remain in force and effect after the termination of this litigation and may not be altered or modified except by written stipulation executed by all Parties hereto and approved by Nielsen.

10. It is agreed between the parties that Nielsen shall not be considered a party to this lawsuit, but the Parties hereto agree that Nielsen shall have the right to enforce this Stipulation and Protective Order before this Court at any time during or after this litigation.

IT IS SO ORDERED.