! || MORGAN, LEWIS & BOCKIUS LLP Anne Marie Estevez (pro hac vice) 2 || annemarie.estevez @morganlewis.com 200 Biscayne Boulevard, Suite 5300 3 || Miami, FL 33131 T: 305.415.3000 4 || F: 305.415.3001 5 Counsel for Defendant Neutron Holdings, Inc. 6 (additional counsel listed below) 7 8 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 Amber Machowski, et al., 13 Case No. 2:19-cv-01014-JAK-MRWx 4 Plaintiffs, V. STIPULATED PROTECTIVE IS ORDER Bird Rides, Inc., et al. 16 (MRW VERSION 4/19) Defendant. 7 L] Check if submitted without 18 material modifications to MRW form 19 20 | 1 INTRODUCTION 1.1 PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, 23 proprietary, or private information for which special protection from public 24 |) disclosure and from use for any purpose other than prosecuting this litigation may 2° |] be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 26 |) enter the following Stipulated Protective Order. The parties acknowledge that this 27 Order does not confer blanket protections on all disclosures or responses to 28

1 discovery and that the protection it affords from public disclosure and use extends 2 only to the limited information or items that are entitled to confidential treatment 3 under the applicable legal principles. The parties further acknowledge, as set forth 4 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 5 file confidential information under seal; Civil Local Rule 79-5 sets forth the 6 procedures that must be followed and the standards that will be applied when a party 7 seeks permission from the court to file material under seal. 8 1.2 GOOD CAUSE STATEMENT 9 The parties agree good cause exists for the entry of a pretrial protective order. 10 This case involves the use of dockless electric scooters and bikes (together, “Electric 11 Vehicles”) in two California cities, the City of Long Beach and the City of Culver 12 City (the “Cities” or the “City Defendants”). In this putative class action, Plaintiffs 13 Amber Machowski, Debra Grant, William Berry, Ruben Bobadilla, Anthony Smith, 14 and Yalda Saffieh Shariati, have sued the City Defendants as well as private 15 entities—Bird Rides, Inc. (“Bird”), Neutron Holdings, Inc. (“Lime”), and Uber 16 Technologies, Inc. dba JUMP (“Uber”) (together, “Electric Vehicle Defendants”)— 17 that offer competing mobile applications through which registered users can locate 18 and rent Electric Vehicles in the Cities. 19 Plaintiffs allege they are individuals with mobility impairments. Plaintiffs 20 claim that third parties use Electric Vehicles in a manner that interferes with their 21 access to pedestrian rights of ways, and that the Defendants are failing to ensure that 22 those third-parties use Electric Vehicles properly and in compliance with applicable 23 laws. Plaintiffs claim Defendants’ conduct violates federal and state laws 24 prohibiting discrimination against individuals with disabilities and creates a public 25 nuisance. 26 Defendants vigorously dispute the facts alleged in the operative First 27 Amended Complaint. Defendants have filed motions to dismiss as well as a motion 1 || to strike the class allegations. Both motions remain pending, and the Court has 2 || offered its tentative views that it will at least grant the motion to dismiss in part. 3 || (ECF No. 157). 4 In all events, based on the allegations in the operative pleading, the parties 5 || agree that discovery in this case may require the disclosure of trade secrets, 6 || proprietary and commercially sensitive information, sensitive personal health 7 || information of the Plaintiffs and/or third-parties, and personally identifiable and 8 || sensitive information of third-party(ies) (e.g., electric vehicle users or private 9 || citizens) before the Court. The parties believe that discovery may involve, inter 10 || alia, the following topics for which protection against public disclosure is necessary: 11 e Discovery regarding the nature and scope of Plaintiffs’ alleged mobility 12 impairments; 13 e Applications for permits from each City Defendant to operate, which may 14 include private financial and other proprietary and commercially sensitive 15 information about Electric Defendants; 16 e The terms of the Electric Vehicle Defendants’ contracts with independent 17 contractors who relocate and charge Electric Vehicles; 18 e Internal policies and procedures utilized by the Electric Vehicle Defendants; 19 e Private citizens’ correspondence with the Electric Vehicle Defendants with 20 the expectation that such communications would not be made public; 21 e Information regarding the identity of registered users, such as phone 22 numbers, addresses, personal financial information, and other personally 23 identifying information; 24 e Private citizens’ communications with the City Defendants with the 25 expectation that the private citizens’ identifying information, including their 26 names, addresses, telephone numbers, and email addresses, would not be 27 made public; 28

1 e Internal correspondence within Electric Vehicle companies.' 2 || An order providing for Attorney’s-Eyes-Only Protection of certain materials is also 3 || necessary in this case because the Electric Vehicle Defendants are competitors. 4 |) Each Electric Vehicle Defendant would suffer competitive harm if its highly 5 || confidential commercial information and/or trade secrets were disclosed to its 6 || competitors during discovery. Limiting disclosure to the party’s trial attorneys for 7 || this smaller subset of discoverable information will “strike a proper balance between 8 || the philosophy of full disclosure of relevant information and the need for reasonable 9 || protection against harmful side effects, such as the risk that disclosure will result in 10 || competitive harm.” Nutratech, Inc. v. Syntech (SSPF) Int’l, Inc.,

, 11 || 555 (C.D. Cal. 2007) (citation and internal quotation marks omitted). 12 || 2 DEFINITIONS 13 2.1 Action: this pending federal lawsuit, captioned as Machowski, et al. v. 14 || Bird Rides, Inc., et al., No. 2:19-cv-01014-JAK-MRW (C.D. Cal.). 15 2.2 Challenging Party: a Party or Non-Party that challenges the 16 || designation of information or items under this Order. 17 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 18 || how it is generated, stored or maintained) or tangible things that qualify for 19 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in 20 || the Good Cause Statement. 21 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 22 || their support staff). 23 2.5 Designating Party: a Party or Non-Party that designates information or 24 25 ' In recognizing that discovery may ultimately require the disclosure of confidential information, no party is admitting to the relevance of any discovery request, even as to topics discussed above. 26 || The Parties hereby expressly reserve all objections, including those related to relevance, for all pending and/or forthcoming discovery requests. Likewise, the Parties agree that nothing about any 27 || party’s discovery response concedes the admissibility of that item for any or all purposes, and the Parties expressly reserve all objections to the use or admissibility of any discovery at summary 28 || judgment, at trial, or at any other moment in this tigation.

1 items that it produces in disclosures or in responses to discovery as 2 “CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 3 ONLY” 4 2.6 Disclosure or Discovery Material: all items or information, regardless 5 of the medium or manner in which it is generated, stored, or maintained (including, 6 among other things, testimony, transcripts, and tangible things), that are produced or 7 generated in disclosures or responses to discovery in this matter. 8 2.7 Expert: a person with specialized knowledge or experience in a matter 9 pertinent to the litigation who has been retained by a Party or its counsel to serve as 10 an expert witness or as a consultant in this Action. 11 2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 12 Information or Items: extremely sensitive “CONFIDENTIAL” Information or Items, 13 disclosure of which to another Party or Non-Party would create a substantial risk of 14 serious harm that could not be avoided by less restrictive means. 15 2.9 House Counsel: attorneys who are employees of a party to this Action. 16 House Counsel does not include Outside Counsel of Record or any other outside 17 counsel. 18 2.10 Non-Party: any natural person, partnership, corporation, association, or 19 other legal entity not named as a Party to this action. 20 2.11 Outside Counsel of Record: attorneys who are not employees of a 21 party to this Action but are retained to represent or advise a party to this Action and 22 have appeared in this Action on behalf of that party or are affiliated with a law firm 23 which has appeared on behalf of that party, and includes support staff. 24 2.12 Party: any party to this Action, including all of its officers, directors, 25 employees, consultants, retained experts, and Outside Counsel of Record (and their 26 support staffs). 27 1 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 2 Discovery Material in this Action. 3 2.14 Professional Vendors: persons or entities that provide litigation 4 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 5 demonstrations, and organizing, storing, or retrieving data in any form or medium) 6 and their employees and subcontractors. 7 2.15 Protected Material: any Disclosure or Discovery Material that is 8 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 9 ATTORNEYS’ EYES ONLY” 10 2.16 Receiving Party: a Party that receives Disclosure or Discovery 11 Material from a Producing Party. 12 3 SCOPE 13 The protections conferred by this Stipulation and Order cover not only 14 Protected Material (as defined above), but also (1) any information copied or 15 extracted from Protected Material; (2) all copies, excerpts, summaries, or 16 compilations of Protected Material; and (3) any testimony, conversations, or 17 presentations by Parties or their Counsel that might reveal Protected Material. 18 Any use of Protected Material at trial will be governed by the orders of the 19 trial judge. This Order does not govern the use of Protected Material at trial. 20 4 DURATION 21 Even after final disposition of this litigation, the confidentiality obligations 22 imposed by this Order will remain in effect until a Designating Party agrees 23 otherwise in writing or a court order otherwise directs. Final disposition will be 24 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 25 or without prejudice; and (2) final judgment herein after the completion and 26 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 27 1 including the time limits for filing any motions or applications for extension of time 2 pursuant to applicable law. 3 5 DESIGNATING PROTECTED MATERIAL 4 5.1 Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or Non-Party that designates information or items for protection under 6 this Order must take care to limit any such designation to specific material that 7 qualifies under the appropriate standards. The Designating Party must designate for 8 protection only those parts of material, documents, items, or oral or written 9 communications that qualify so that other portions of the material, documents, 10 items, or communications for which protection is not warranted are not swept 11 unjustifiably within the ambit of this Order. 12 Mass, indiscriminate, or routinized designations are prohibited. Designations 13 that are shown to be clearly unjustified or that have been made for an improper 14 purpose (e.g., to unnecessarily encumber the case development process or to impose 15 unnecessary expenses and burdens on other parties) may expose the Designating 16 Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in 21 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 23 under this Order must be clearly so designated before the material is disclosed or 24 produced. 25 Designation in conformity with this Order requires: 26 (a) for information in documentary form (e.g., paper or electronic documents, 27 but excluding transcripts of depositions or other pretrial or trial proceedings), that 1 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” or 2 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” to each page that 3 contains protected material. If only a portion or portions of the material on a page 4 qualifies for protection, the Producing Party also must clearly identify the protected 5 portion(s) (e.g., by making appropriate markings in the margins). 6 A Party or Non-Party that makes original documents available for inspection 7 need not designate them for protection until after the inspecting Party has indicated 8 which documents it would like copied and produced. During the inspection and 9 before the designation, all of the material made available for inspection will be 10 deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the 11 inspecting Party has identified the documents it wants copied and produced, the 12 Producing Party must determine which documents, or portions thereof, qualify for 13 protection under this Order. Then, before producing the specified documents, the 14 Producing Party must affix the appropriate legend (“CONFIDENTIAL” or 15 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each page that 16 contains Protected Material. If only a portion or portions of the material on a page 17 qualifies for protection, the Producing Party also must clearly identify the protected 18 portion(s) (e.g., by making appropriate markings in the margins). 19 (b) for testimony given in deposition or in other pretrial or trial proceedings, 20 that the Designating Party identify on the record, before the close of the deposition, 21 hearing, or other proceeding, all protected testimony and specify the level of 22 protection being asserted. When it is impractical to identify separately each portion 23 of testimony that is entitled to protection and it appears that portions of the 24 testimony may qualify for protection, the Designating Party may invoke on the 25 record (before the deposition, hearing, or other proceeding is concluded) a right to 26 have up to 30 days to identify the specific portions of the testimony as to which 27 protection is sought and to specify the level of protection being asserted. Only those 1 portions of the testimony that are appropriately designated for protection within the 2 30 days shall be covered by the provisions of this Stipulated Protective Order. 3 Alternatively, a Designating Party may specify, at the deposition or up to 30 days 4 afterwards if that period is properly invoked, that the entire transcript shall be 5 treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 6 EYES ONLY.” 7 Parties shall give the other parties notice if they reasonably expect a 8 deposition, hearing or other proceeding to include Protected Material so that the 9 other parties can ensure that only authorized individuals who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those 11 proceedings. The use of a document as an exhibit at a deposition shall not in any 12 way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 13 ATTORNEYS’ EYES ONLY.” 14 Transcripts containing Protected Material shall have an obvious legend on the 15 title page that the transcript contains Protected Material, and the title page shall be 16 followed by a list of all pages (including line numbers as appropriate) that have been 17 designated as Protected Material and the level of protection being asserted by the 18 Designating Party. The Designating Party shall inform the court reporter of these 19 requirements. Any transcript that is prepared before the expiration of a 30-day 20 period for designation shall be treated during that period as if it had been designated 21 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless 22 otherwise agreed. After the expiration of that period, the transcript shall be treated 23 only as actually designated. 24 (c) for information produced in some form other than documentary and for 25 any other tangible items, that the Producing Party affix in a prominent place on the 26 exterior of the container or containers in which the information or item is stored the 27 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 1 EYES ONLY.” If only a portion or portions of the information or item warrant 2 protection, the Producing Party, to the extent practicable, shall identify the protected 3 portion(s) and specify the level of protection being asserted. 4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 5 failure to designate qualified information or items does not, standing alone, waive 6 the Designating Party’s right to secure protection under this Order for such material. 7 Upon timely correction of a designation, the Receiving Party must make reasonable 8 efforts to assure that the material is treated in accordance with the provisions of this 9 Order. 10 6 CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 12 designation of confidentiality at any time that is consistent with the Court’s 13 Scheduling Order. 14 6.2 Meet and Confer. The Challenging Party will initiate the dispute 15 resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1 16 et seq. 17 6.3 Judicial Intervention. The burden of persuasion in any such challenge 18 proceeding will be on the Designating Party. Frivolous challenges, and those made 19 for an improper purpose (e.g., to harass or impose unnecessary expenses and 20 burdens on other parties) may expose the Challenging Party to sanctions as 21 appropriate and permitted by the governing law. Unless the Designating Party has 22 waived or withdrawn the confidentiality designation, all parties will continue to 23 afford the material in question the level of protection to which it is entitled under the 24 Producing Party’s designation until the Court rules on the challenge. 25 7 ACCESS TO AND USE OF PROTECTED MATERIAL 26 7.1 Basic Principles. A Receiving Party may use Protected Material that is 27 disclosed or produced by another Party or by a Non-Party in connection with this 1 Action only for prosecuting, defending, or attempting to settle this Action. Such 2 Protected Material may be disclosed only to the categories of persons and under the 3 conditions described in this Order. When the Action has been terminated, a 4 Receiving Party must comply with the provisions of section 13 below (FINAL 5 DISPOSITION). 6 7.2 Protected Material must be stored and maintained by a Receiving Party 7 at a location and in a secure manner that ensures that access is limited to the persons 8 authorized under this Order. 9 7.3 Disclosure of “CONFIDENTIAL” Information or Items. Unless 10 otherwise ordered by the court or permitted in writing by the Designating Party, a 11 Receiving Party may disclose any information or item designated 12 “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 14 as employees of said Outside Counsel of Record to whom it is reasonably 15 necessary to disclose the information for this Action; 16 (b) the officers, directors, and employees (including House Counsel) of the 17 Receiving Party to whom disclosure is reasonably necessary for this Action; 18 (c) Experts (as defined in this Order) of the Receiving Party to whom 19 disclosure is reasonably necessary for this Action and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (d) the Court and its personnel; 22 (e) court reporters and their staff; 23 (f) professional jury or trial consultants, mock jurors, and Professional 24 Vendors to whom disclosure is reasonably necessary for this Action and who 25 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (g) the author or recipient of a document containing the information or a 27 custodian or other person who otherwise possessed or knew the information; 1 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 2 Action to whom disclosure is reasonably necessary provided: (1) the deposing 3 party requests that the witness sign the form attached as Exhibit A hereto; and 4 (2) they will not be permitted to keep any confidential information unless they 5 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 6 otherwise agreed by the Designating Party or ordered by the court. Pages of 7 transcribed deposition testimony or exhibits to depositions that reveal 8 Protected Material may be separately bound by the court reporter and may not 9 be disclosed to anyone except as permitted under this Stipulated Protective 10 Order; and 11 (i) any mediator or settlement officer, and their supporting personnel, 12 mutually agreed upon by any of the parties engaged in settlement discussions. 13 7.4 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 14 ONLY” Information or Items. 15 Unless otherwise ordered by the court or permitted in writing by the 16 Designating Party, a Receiving Party may disclose any information or item 17 designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 19 employees of said Outside Counsel of Record to whom it is reasonably 20 necessary to disclose the information for this litigation and who have signed 21 the “Acknowledgment and Agreement to Be Bound” that is attached hereto as 22 Exhibit A; 23 (b) Experts of the Receiving Party who are not a current, officer, director or 24 employee of a competitor of a Party, or anticipated to become one, (1) to 25 whom disclosure is reasonably necessary for this litigation, and (2) who have 26 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 27 (c) the court and its personnel; 1 (d) court reporters and their staff, professional jury or trial consultants, any 2 mock jurors utilized in any mock jury exercise, and Professional Vendors to 3 whom disclosure is reasonably necessary for this litigation and who have 4 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and 5 (e) the author or recipient of a document containing the information or a 6 custodian or other person who otherwise possessed or knew the information. 7 8 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 8 OTHER LITIGATION 9 8.1 If a Party is served with a subpoena or a court order issued in other 10 litigation that compels disclosure of any information or items designated in this 11 Action as “CONFIDENTIAL,” that Party must: 12 (a) promptly notify in writing the Designating Party. Such notification will 13 include a copy of the subpoena or court order; 14 (b) promptly notify in writing the party who caused the subpoena or order to 15 issue in the other litigation that some or all of the material covered by the 16 subpoena or order is subject to this Protective Order. Such notification will 17 include a copy of this Stipulated Protective Order; and 18 (c) cooperate with respect to all reasonable procedures sought to be pursued 19 by the Designating Party whose Protected Material may be affected. 20 If the Designating Party timely seeks a protective order, the Party served with the subpoena or 21 court order will not produce any information designated in this action as “CONFIDENTIAL” or 22 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY before a determination by the court 23 from which the subpoena or order issued, unless the Party has obtained the Designating Party’s 24 permission. The Designating Party will bear the burden and expense of seeking protection in that 25 court of its confidential material and nothing in these provisions should be construed as 26 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive from 27 another court. 1 9 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 2 IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non- 4 Party in this Action and designated as “CONFIDENTIAL” or HIGHLY 5 CONFIDENTIAL – ATTORNEYS’ EYES ONLY. Such information 6 produced by Non-Parties in connection with this litigation is protected by the 7 remedies and relief provided by this Order. Nothing in these provisions 8 should be construed as prohibiting a Non-Party from seeking additional 9 protections. 10 (b) In the event that a Party is required, by a valid discovery request, to 11 produce a Non-Party’s Protected Material in its possession, and the Party is 12 subject to an agreement with the Non-Party not to produce the Non-Party’s 13 Protected Material, then the Party will: 14 (1) promptly notify in writing the Requesting Party and the Non-Party that 15 some or all of the information requested is subject to a confidentiality 16 agreement with a Non-Party; 17 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 18 Order in this Action, the relevant discovery request(s), and a reasonably 19 specific description of the information requested; and 20 (3) make the information requested available for inspection by the Non- 21 Party, if requested. 22 (c) If the Non-Party fails to seek a protective order from this court within 14 23 days of receiving the notice and accompanying information, the Receiving 24 Party may produce the Non-Party’s Protected Material responsive to the 25 discovery request. If the Non-Party timely seeks a protective order, the 26 Receiving Party will not produce any information in its possession or control 27 that is subject to the confidentiality agreement with the Non-Party before a 1 determination by the court. Absent a court order to the contrary, the Non- 2 Party will bear the burden and expense of seeking protection in this court of 3 its Protected Material. 4 10 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 6 Material to any person or in any circumstance not authorized under this Stipulated Protective 7 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 8 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 9 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 10 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 11 Agreement to Be Bound” that is attached hereto as Exhibit A. 12 11 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 11.1 When a Producing Party gives notice to Receiving Parties that certain 15 inadvertently produced material is subject to a claim of privilege or other protection, 16 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 17 Procedure 26(b)(5)(B). 18 11.2 The parties have agreed that this stipulated protective order should 19 incorporate the following order pursuant to Federal Rule of Evidence 502(d): 20 (a) The production of privileged or work-product protected documents, 21 electronically stored information (“ESI”) or information, whether inadvertent 22 or otherwise, is not a waiver of the privilege or protection from discovery in 23 this case or in any other federal or state proceeding. This Order shall be 24 interpreted to provide the maximum protection allowed by Federal Rule of 25 Evidence 502(d). 26 (b) Nothing in this Section 11.2 limits a Party’s right to review documents, 27 ESI, or other information (including metadata) for relevance, responsiveness, 1 and/or or privilege and/or work-product protection before production. 2 12 MISCELLANEOUS 3 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 4 person to seek its modification by the Court in the future. 5 12.2 Right to Assert Other Objections. By stipulating to the entry of this 6 Protective Order no Party waives any right it otherwise would have to object to 7 disclosing or producing any information or item on any ground not addressed in this 8 Stipulated Protective Order. Similarly, no Party waives any right to object on any 9 ground to use of any of the material covered by this Protective Order at summary 10 judgment, as evidence at trial, or at any other moment in this litigation. 11 12.3 Filing Protected Material. A Party that seeks to file under seal any 12 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 13 only be filed under seal pursuant to a court order authorizing the sealing of the 14 specific Protected Material at issue. If a Party's request to file Protected Material 15 under seal is denied by the court, then the Receiving Party may file the information 16 in the public record unless otherwise instructed by the court, except that the 17 Receiving Party must redact Protected Material as appropriate before filing in the 18 public record. 19 13 FINAL DISPOSITION 20 13.1 After the final disposition of this Action, as defined in paragraph 4, 21 within 60 days of a written request by the Designating Party, each Receiving Party 22 must return all Protected Material to the Producing Party or destroy such material. 23 As used in this subdivision, “all Protected Material” includes all copies, abstracts, 24 compilations, summaries, and any other format reproducing or capturing any of the 25 Protected Material. Whether the Protected Material is returned or destroyed, the 26 Receiving Party must submit a written certification to the Producing Party (and, if 27 not the same person or entity, to the Designating Party) by the 60 day deadline that 1 (1) identifies (by category, where appropriate) all the Protected Material that was 2 returned or destroyed and (2) affirms that the Receiving Party has not retained any 3 copies, abstracts, compilations, summaries or any other format reproducing or 4 capturing any of the Protected Material. Notwithstanding this provision, Counsel are 5 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 6 and hearing transcripts, legal memoranda, correspondence, deposition and trial 7 exhibits, expert reports, attorney work product, and consultant and expert work 8 product, even if such materials contain Protected Material. Any such archival 9 copies that contain or constitute Protected Material remain subject to this Protective 10 Order as set forth in Section 4 (DURATION). 11 14 ENFORCEABILITY. 12 Any willful violation of this Order may be punished by civil or criminal contempt 13 proceedings, financial or evidentiary sanctions, reference to disciplinary authorities, 14 or other appropriate action at the discretion of the Court. 15 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 17 18 DATED: June 15, 2020 s/ Martin J. Phipps Attorneys for Plaintiffs 19 20 21 s/ Cristina Talley Attorneys for Defendants 22 City of Culver City and City of Long Beach

23 s/ Anne Marie Estevez 24 Attorneys for Defendant Neutron Holdings, Inc. 25 s/ Sean Patterson 26 Attorneys for Defendant Uber Technologies, Inc. 27 1 s/ Bronwyn Pollock 5 Attorneys for Defendant Bird Rides, Inc.

3 1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

5 MW DATED: June 15, 2020 7 HON. MICHAEL R. WILNER 3 United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 18

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3

4 I, _____________________________ [full name], of _________________ 5 [full address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States 7 District Court for the Central District of California on [date] in the case of 8 ___________ [insert case name and number]. I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order and I understand and 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 Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint __________________________ [full 18 name] of _______________________________________ [full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective 21 Order. 22 Date: ______________________________________ 23 City and State where signed: _________________________________ 24

25 Printed name: _______________________________ 26

27 Signature: __________________________________