Counsel

Re: Dkt. No. 290
Pursuant to Civil Local Rule 7-12, Plaintiffs and Defendant Meta Platforms, Inc. (together, “the Parties”) by and through their respective counsel of record, respectfully submit this stipulated addendum to the Protective Order and [Proposed] Order.
WHEREAS, on May 5, 2023, the Parties submitted for the Court’s approval two competing versions of a protective order to be entered in this action (Dkt. 231);
WHEREAS, the Parties agreed that they would “submit an addendum regarding the process by which handwritten [Source Code] notes are transmitted to the secure eDiscovery/litigation support site,” as discussed in Section 8 of the Parties’ proposed protective orders (Dkt. 231-1 at 28 n.1; Dkt. 231-2 at 27 n.1);
WHEREAS, on May 16, 2023, the Court entered a Protective Order (Dkt. 242); and
WHEREAS, the Parties have now agreed on the process by which handwritten Source Code notes may be securely transmitted to a secure eDiscovery/litigation support site, and the Parties now wish to submit a stipulated addendum to the Protective Order on this topic;
NOW THEREFORE, IT IS HEREBY STIPULATED, subject to the Court’s approval, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, that the following provisions will be added to the Protective Order to govern the process by which handwritten Source Code notes may be securely transmitted to a secure eDiscovery/litigation support site. The Parties incorporate by reference all terms as defined in the Protective Order.
Section 8(k) Any handwritten Source Code notes may be stored with a secure eDiscovery/litigation support site authorized to receive Disclosure or Discovery Material designated “HIGHLY CONFIDENTIAL – SOURCE CODE” pursuant to section 7.5(e) after the eDiscovery vendor and its personnel sign the “Acknowledgement and Agreement to Be Bound” (Exhibit A) in order to allow for such notes to be viewed by the Receiving Party’s Outside Counsel and/or Experts qualified under Section 7.5(b) of this Order. To transmit handwritten Source Code notes to the authorized eDiscovery/litigation support site, the author of the handwritten Source Code notes may create a single digital copy of the Source Code notes by digitally scanning them using a secure methodology. This single digital copy of the handwritten Source Code notes shall be designated as and labeled “HIGHLY CONFIDENTIAL – SOURCE CODE.” Before being transmitted to the eDiscovery/litigation support site by the author of the handwritten Source Code notes, the electronic Source Code notes file must be password protected. The author’s transmission of any and all Source Code notes—including the single digital copy of handwritten Source Code notes—to the eDiscovery/litigation support site shall be via a secure, password-protected SFTP transmission that aligns with standard industry practices regarding data security, and the transmission via SFTP shall not include any other recipients. Once the eDiscovery/litigation support site vendor confirms receipt of the digital version of the handwritten Source Code notes, the author of the handwritten Source Code notes must promptly and pJermanently delete (1) the digital copy of the handwritten notes from the SFTP platform, and (2) the digital copy of the handwritten notes in their possession. Access to such handwritten Source Code notes via the secure eDiscovery/litigation support site will be restricted to the Receiving Party’s Outside Counsel and/or Experts qualified under Section 7.5(b) of the Protective Order, and functions allowing for duplication of such notes, including but not limited to printing, emailing, downloading, and saving, will be disabled. The Receiving Party is otherwise prohibited from creating any copies (physical or electronic) or images of handwritten Source Code notes.

CIVIL L.R. 5-1(h)(3) ATTESTATION
Pursuant to Civil Local Rule 5-1(h)(3), I, Lauren R. Goldman, hereby attest under penalty of perjury that concurrence in the filing of this document has been obtained from all signatories.
Dated: August 4, 2023
By: /s/ Lauren R. Goldman

ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: August 7, 2023