1 Bbrriiaannaa@ Mb.r iKanimak (iSmB.cNo:m 255966) 2 Christian F. Pereira (SBN: 251599) 3 [email protected] Ian A. Cuthbertson (SBN: 325591) 4 [email protected] 5 BRIANA KIM, PC 249 E. Ocean Blvd., Suite 814 6 Long Beach, CA 90802 7 Telephone: (714) 482-6301 Facsimile: (714) 482-6302 8 9 Attorneys for Plaintiff FERNANDO SANCHEZ 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 13 FERNANDO SANCHEZ, an individual, Case No.: 2:20-cv-08472-VAP-RAO 14 15 Plaintiff, STIPULATED PROTECTIVE ORDER 16 v. 17 MASTER PROTECTION, LP, d.b.a. 18 FIREMASTER, et al., Judge: Hon. Rozella A. Oliver 19 Defendants. 20 21 22 23 24 25 26 27 28 1 I. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. The parties further acknowledge, as set forth 11 in Section XIII(C), below, that this Stipulated Protective Order does not entitle them 12 to file confidential information under seal; Civil Local Rule 79-5 sets forth the 13 procedures that must be followed and the standards that will be applied when a party 14 seeks permission from the Court to file material under seal. 15 II. GOOD CAUSE STATEMENT 16 This action is likely to involve trade secrets, customer and pricing lists and 17 other valuable research, development, commercial, financial, technical and/or 18 proprietary information for which special protection from public disclosure and from 19 use for any purpose other than prosecution of this action is warranted. Such 20 confidential and proprietary materials and information consist of, among other 21 things, confidential business or financial information, information regarding 22 confidential business practices, or other confidential research, development, or 23 commercial information (including information implicating privacy rights of third 24 parties), information otherwise generally unavailable to the public (e.g., names, 25 addresses, and other contact information for Defendants’ employees and agents), or 26 which may be privileged or otherwise protected from disclosure under state or 27 federal statutes, court rules, case decisions, or common law. Accordingly, to 28 expedite the flow of information, to facilitate the prompt resolution of disputes over 1 confidentiality of discovery materials, to adequately protect information the parties 2 are entitled to keep confidential, to ensure that the parties are permitted reasonable 3 necessary uses of such material in preparation for and in the conduct of trial, to 4 address their handling at the end of the litigation, and serve the ends of justice, a 5 protective order for such information is justified in this matter. It is the intent of the 6 parties that information will not be designated as confidential for tactical reasons 7 and that nothing be so designated without a good faith belief that it has been 8 maintained in a confidential, non-public manner, and there is good cause why it 9 should not be part of the public record of this case. 10 III. DEFINITIONS 11 A. Action: The adjudication of Fernando Sanchez’s claims against the 12 Master Protection, LP, d.b.a. FireMaster; Johnson Controls, Inc.; and any other 13 potential defendants. 14 B. Challenging Party: A Party or Non-Party that challenges the 15 designation of information or items under this Order. 16 C. “CONFIDENTIAL” Information or Items: Information (regardless of 17 how it is generated, stored or maintained) or tangible things that qualify for 18 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 19 the Good Cause Statement. 20 D. Counsel: Outside Counsel of Record and House Counsel (as well as 21 their support staff). 22 E. Designating Party: A Party or Non-Party that designates information or 23 items that it produces in disclosures or in responses to discovery as 24 “CONFIDENTIAL.” 25 F. Disclosure or Discovery Material: All items or information, regardless 26 of the medium or manner in which it is generated, stored, or maintained (including, 27 among other things, testimony, transcripts, and tangible things), that are produced or 28 generated in disclosures or responses to discovery in this matter. 1 G. Expert: A person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 H. House Counsel: Attorneys who are employees of a party to this Action. 5 House Counsel does not include Outside Counsel of Record or any other outside 6 counsel. 7 I. Non-Party: Any natural person, partnership, corporation, association, 8 or other legal entity not named as a Party to this action. 9 J. Outside Counsel of Record: Attorneys who are not employees of a party 10 to this Action but are retained to represent or advise a party to this Action and have 11 appeared in this Action on behalf of that party or are affiliated with a law firm which 12 has appeared on behalf of that party, and includes support staff. 13 K. Party: Any party to this Action, including all of its officers, directors, 14 employees, consultants, retained experts, and Outside Counsel of Record (and their 15 support staffs). 16 L. Producing Party: A Party or Non-Party that produces Disclosure or 17 Discovery Material in this Action. 18 M. Professional Vendors: Persons or entities that provide litigation support 19 services (e.g., photocopying, videotaping, translating, preparing exhibits or 20 demonstrations, and organizing, storing, or retrieving data in any form or medium) 21 and their employees and subcontractors. 22 N. Protected Material: Any Disclosure or Discovery Material that is 23 designated as “CONFIDENTIAL.” 24 O. Receiving Party: A Party that receives Disclosure or Discovery 25 Material from a Producing Party. 26 // 27 // 28 // 1 IV. SCOPE 2 A. The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or 4 extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. 7 B. Any use of Protected Material at trial shall be governed by the orders 8 of the trial judge. This Order does not govern the use of Protected Material at trial. 9 V. DURATION 10 Once the action proceeds to trial, all of the information that was designated as 11 confidential or maintained pursuant to this Protective Order becomes public and will 12 be presumptively available to all members of the public, including the press, unless 13 compelling reasons supported by specific factual findings to proceed otherwise are 14 made to the trial judge in advance of the trial. See Kamakana v. City and County of 15 Honolulu,

(9th Cir. 2006) (distinguishing “good cause” 16 showing for sealing documents produced in discovery from “compelling reasons” 17 standard when merits-related documents are part of court record). Accordingly, the 18 terms of this Protective Order do not extend beyond the commencement of the trial. 19 VI. DESIGNATING PROTECTED MATERIAL 20 A. Exercise of Restraint and Care in Designating Material for Protection 21 1. Each Party or Non-Party that designates information or items for 22 protection under this Order must take care to limit any such 23 designation to specific material that qualifies under the appropriate 24 standards. The Designating Party must designate for protection only 25 those parts of material, documents, items, or oral or written 26 communications that qualify so that other portions of the material, 27 documents, items, or communications for which protection is not 28 warranted are not swept unjustifiably within the ambit of this Order. 1 2. Mass, indiscriminate, or routinized designations are prohibited. 2 Designations that are shown to be clearly unjustified or that have 3 been made for an improper purpose (e.g., to unnecessarily encumber 4 the case development process or to impose unnecessary expenses 5 and burdens on other parties) may expose the Designating Party to 6 sanctions. 7 3. If it comes to a Designating Party’s attention that information or 8 items that it designated for protection do not qualify for protection, 9 that Designating Party must promptly notify all other Parties that it 10 is withdrawing the inapplicable designation. 11 B. Manner and Timing of Designations 12 1. Except as otherwise provided in this Order (see, e.g., Section 13 B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or 14 Discovery Material that qualifies for protection under this Order 15 must be clearly so designated before the material is disclosed or 16 produced. 17 2. Designation in conformity with this Order requires the following: 18 a. For information in documentary form (e.g., paper or 19 electronic documents, but excluding transcripts of depositions 20 or other pretrial or trial proceedings), that the Producing Party 21 affix at a minimum, the legend “CONFIDENTIAL” 22 (hereinafter “CONFIDENTIAL legend”), to each page that 23 contains protected material. If only a portion or portions of 24 the material on a page qualifies for protection, the Producing 25 Party also must clearly identify the protected portion(s) (e.g., 26 by making appropriate markings in the margins). 27 b. A Party or Non-Party that makes original documents 28 available for inspection need not designate them for 1 protection until after the inspecting Party has indicated which 2 documents it would like copied and produced. During the 3 inspection and before the designation, all of the material made 4 available for inspection shall be deemed “CONFIDENTIAL.” 5 After the inspecting Party has identified the documents it 6 wants copied and produced, the Producing Party must 7 determine which documents, or portions thereof, qualify for 8 protection under this Order. Then, before producing the 9 specified documents, the Producing Party must affix the 10 “CONFIDENTIAL legend” to each page that contains 11 Protected Material. If only a portion or portions of the 12 material on a page qualifies for protection, the Producing 13 Party also must clearly identify the protected portion(s) (e.g., 14 by making appropriate markings in the margins). 15 c. For testimony given in depositions, that the Designating Party 16 identify the Disclosure or Discovery Material on the record, 17 before the close of the deposition all protected testimony. 18 d. For information produced in form other than document and 19 for any other tangible items, that the Producing Party affix in 20 a prominent place on the exterior of the container or 21 containers in which the information is stored the legend 22 “CONFIDENTIAL.” If only a portion or portions of the 23 information warrants protection, the Producing Party, to the 24 extent practicable, shall identify the protected portion(s). 25 C. Inadvertent Failure to Designate 26 1. If timely corrected, an inadvertent failure to designate qualified 27 information or items does not, standing alone, waive the 28 Designating Party’s right to secure protection under this Order for 1 such material. Upon timely correction of a designation, the 2 Receiving Party must make reasonable efforts to assure that the 3 material is treated in accordance with the provisions of this Order. 4 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 A. Timing of Challenges 6 1. Any party or Non-Party may challenge a designation of 7 confidentiality at any time that is consistent with the Court’s 8 Scheduling Order. 9 B. Meet and Confer 10 1. The Challenging Party shall initiate the dispute resolution process 11 under Local Rule 37.1, et seq. 12 C. The burden of persuasion in any such challenge proceeding shall be on 13 the Designating Party. Frivolous challenges, and those made for an improper 14 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 15 parties) may expose the Challenging Party to sanctions. Unless the Designating Party 16 has waived or withdrawn the confidentiality designation, all parties shall continue to 17 afford the material in question the level of protection to which it is entitled under the 18 Producing Party’s designation until the Court rules on the challenge. 19 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 20 A. Basic Principles 21 1. A Receiving Party may use Protected Material that is disclosed or 22 produced by another Party or by a Non-Party in connection with this 23 Action only for prosecuting, defending, or attempting to settle this 24 Action. Such Protected Material may be disclosed only to the 25 categories of persons and under the conditions described in this 26 Order. When the Action has been terminated, a Receiving Party 27 must comply with the provisions of Section XIV below. 28 1 2. Protected Material must be stored and maintained by a Receiving 2 Party at a location and in a secure manner that ensures that access is 3 limited to the persons authorized under this Order. 4 B. Disclosure of “CONFIDENTIAL” Information or Items 5 1. Unless otherwise ordered by the Court or permitted in writing by the 6 Designating Party, a Receiving Party may disclose any information 7 or item designated “CONFIDENTIAL” only to: 8 a. The Receiving Party’s Outside Counsel of Record in this 9 Action, as well as employees of said Outside Counsel of 10 Record to whom it is reasonably necessary to disclose the 11 information for this Action; 12 b. The officers, directors, and employees (including House 13 Counsel) of the Receiving Party to whom disclosure is 14 reasonably necessary for this Action; 15 c. Experts (as defined in this Order) of the Receiving Party to 16 whom disclosure is reasonably necessary for this Action and 17 who have signed the “Acknowledgment and Agreement to Be 18 Bound” (Exhibit A); 19 d. The Court and its personnel; 20 e. Court reporters and their staff; 21 f. Professional jury or trial consultants, mock jurors, and 22 Professional Vendors to whom disclosure is reasonably 23 necessary or this Action and who have signed the 24 “Acknowledgment and Agreement to be Bound” attached as 25 Exhibit A hereto; 26 g. The author or recipient of a document containing the 27 information or a custodian or other person who otherwise 28 possessed or knew the information; 1 h. During their depositions, witnesses, and attorneys for 2 witnesses, in the Action to whom disclosure is reasonably 3 necessary provided: (i) the deposing party requests that the 4 witness sign the “Acknowledgment and Agreement to Be 5 Bound;” and (ii) they will not be permitted to keep any 6 confidential information unless they sign the 7 “Acknowledgment and Agreement to Be Bound,” unless 8 otherwise agreed by the Designating Party or ordered by the 9 Court. Pages of transcribed deposition testimony or exhibits 10 to depositions that reveal Protected Material may be 11 separately bound by the court reporter and may not be 12 disclosed to anyone except as permitted under this Stipulated 13 Protective Order; and 14 i. Any mediator or settlement officer, and their supporting 15 personnel, mutually agreed upon by any of the parties 16 engaged in settlement discussions. 17 IX. PROTECTED MATIERAL SUPOENAED OR ORDERED 18 PRODUCED IN OTHER LITIGATION 19 A. If a Party is served with a subpoena or a court order issued in other 20 litigation that compels disclosure of any information or items designated in this 21 Action as “CONFIDENTIAL,” that Party must: 22 1. Promptly notify in writing the Designating Party. Such notification 23 shall include a copy of the subpoena or court order; 24 2. Promptly notify in writing the party who caused the subpoena or 25 order to issue in the other litigation that some or all of the material 26 covered by the subpoena or order is subject to this Protective Order. 27 Such notification shall include a copy of this Stipulated Protective 28 Order; and 1 3. Cooperate with respect to all reasonable procedures sought to be 2 pursued by the Designating Party whose Protected Material may be 3 affected. 4 B. If the Designating Party timely seeks a protective order, the Party 5 served with the subpoena or court order shall not produce any information 6 designated in this action as “CONFIDENTIAL” before a determination by the Court 7 from which the subpoena or order issued, unless the Party has obtained the 8 Designating Party’s permission. The Designating Party shall bear the burden and 9 expense of seeking protection in that court of its confidential material and nothing 10 in these provisions should be construed as authorizing or encouraging a Receiving 11 Party in this Action to disobey a lawful directive from another court. 12 X. A NON-PARTY’S PROTECTED MATIERAL SOUGHT TO BE 13 PRODUCED IN THIS LITIGATION 14 A. The terms of this Order are applicable to information produced by a 15 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 16 produced by Non-Parties in connection with this litigation is protected by the 17 remedies and relief provided by this Order. Nothing in these provisions should be 18 construed as prohibiting a Non-Party from seeking additional protections. 19 B. In the event that a Party is required, by a valid discovery request, to 20 produce a Non-Party’s confidential information in its possession, and the Party is 21 subject to an agreement with the Non-Party not to produce the Non-Party’s 22 confidential information, then the Party shall: 23 1. Promptly notify in writing the Requesting Party and the Non-Party 24 that some or all of the information requested is subject to a 25 confidentiality agreement with a Non-Party; 26 2. Promptly provide the Non-Party with a copy of the Stipulated 27 Protective Order in this Action, the relevant discovery request(s), 28 1 and a reasonably specific description of the information requested; 2 and 3 3. Make the information requested available for inspection by the Non- 4 Party, if requested. 5 C. If the Non-Party fails to seek a protective order from this court within 6 14 days of receiving the notice and accompanying information, the Receiving Party 7 may produce the Non-Party’s confidential information responsive to the discovery 8 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 9 not produce any information in its possession or control that is subject to the 10 confidentiality agreement with the Non-Party before a determination by the court. 11 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 12 of seeking protection in this court of its Protected Material. 13 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 14 A. If a Receiving Party learns that, by inadvertence or otherwise, it has 15 disclosed Protected Material to any person or in any circumstance not authorized 16 under this Stipulated Protective Order, the Receiving Party must immediately (1) 17 notify in writing the Designating Party of the unauthorized disclosures, (2) use its 18 best efforts to retrieve all unauthorized copies of the Protected Material, (3) inform 19 the person or persons to whom unauthorized disclosures were made of all the terms 20 of this Order, and (4) request such person or persons to execute the 21 “Acknowledgment and Agreement to be Bound” that is attached hereto as Exhibit

XII. INADVERTENT PRODUCTION OF PRIVILEGED OR 24 OTHERWISE PROTECTED MATERIAL 25 A. When a Producing Party gives notice to Receiving Parties that certain 26 inadvertently produced material is subject to a claim of privilege or other protection, 27 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 28 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 1 may be established in an e-discovery order that provides for production without prior 2 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 3 parties reach an agreement on the effect of disclosure of a communication or 4 information covered by the attorney-client privilege or work product protection, the 5 parties may incorporate their agreement in the Stipulated Protective Order submitted 6 to the Court. 7 XIII. MISCELLANEOUS 8 A. Right to Further Relief 9 1. Nothing in this Order abridges the right of any person to seek its 10 modification by the Court in the future. 11 B. Right to Assert Other Objections 12 1. By stipulating to the entry of this Protective Order, no Party waives 13 any right it otherwise would have to object to disclosing or 14 producing any information or item on any ground not addressed in 15 this Stipulated Protective Order. Similarly, no Party waives any 16 right to object on any ground to use in evidence of any of the 17 material covered by this Protective Order. 18 C. Filing Protected Material 19 1. A Party that seeks to file under seal any Protected Material must 20 comply with Civil Local Rule 79-5. Protected Material may only be 21 filed under seal pursuant to a court order authorizing the sealing of 22 the specific Protected Material at issue. If a Party's request to file 23 Protected Material under seal is denied by the Court, then the 24 Receiving Party may file the information in the public record unless 25 otherwise instructed by the Court. 26 // 27 // 28 // 1 XIV. FINAL DISPOSITION 2 A. After the final disposition of this Action, as defined in Section V, within 3 sixty (60) days of a written request by the Designating Party, each Receiving Party 4 must return all Protected Material to the Producing Party or destroy such material. 5 As used in this subdivision, “all Protected Material” includes all copies, abstracts, 6 compilations, summaries, and any other format reproducing or capturing any of the 7 Protected Material. Whether the Protected Material is returned or destroyed, the 8 Receiving Party must submit a written certification to the Producing Party (and, if 9 not the same person or entity, to the Designating Party) by the 60 day deadline that 10 (1) identifies (by category, where appropriate) all the Protected Material that was 11 returned or destroyed and (2) affirms that the Receiving Party has not retained any 12 copies, abstracts, compilations, summaries or any other format reproducing or 13 capturing any of the Protected Material. Notwithstanding this provision, Counsel 14 are entitled to retain an archival copy of all pleadings, motion papers, trial, 15 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 16 and trial exhibits, expert reports, attorney work product, and consultant and expert 17 work product, even if such materials contain Protected Material. Any such archival 18 copies that contain or constitute Protected Material remain subject to this Protective 19 Order as set forth in Section V. 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 1 B. — Any violation of this Order may be punished by any and all appropriate 2 ||measures including, without limitation, contempt proceedings and/or monetary 3 sanctions. 4 5 IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 7 || Dated: January 26, 2021 BRIANA KIM, PC 8 9 /s/ Ian A. Cuthbertson 10 Briana M. Kim Christian F. Pereira 11 Ian A. Cuthbertson Db Attorneys for Plaintiff FERNANDO SANCHEZ 13 14 || Dated: January 26, 2021 OGLETREE, DEAKINS, NASH, SMOAK 15 & STEWART, P.C. 16 17 /s/ Mark F. Lovell 18 Kathryn B. Gray Mark F. Lovell 19 Tiffany E. Yim 0 Attorneys for Defendants Master Protection, LP, d.b.a. Firemaster; 21 and Johnson Controls, Inc. 22 93 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. A Dated: January 27, 2021 35 Razed a. OC. %6 HON. ROZELLA A. OLIVER UNITED STATES MAGISTRATE JUDGE 27 28

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1 Pursuant to Local Rule 5-4.3.4 (a)(2)(i), the filers of this report attest that all 2 other signatories listed, and on whose behalf the filing is submitted, concur in the 3 filing’s content and have authorized the filing. 4 5 Dated: January 26, 2021 BRIANA KIM, PC 6 7 /s/ Ian A. Cuthbertson Briana M. Kim 8 Christian F. Pereira 9 Ian A. Cuthbertson Attorneys for Plaintiff 10 FERNANDO SANCHEZ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], of 4 [print or type full address], declare under penalty of 5 perjury that I have read in its entirety and understand the Stipulated Protective Order 6 that was issue by the United States District Court for the Central District of 7 California on [DATE] in the case of [insert formal 8 name of the case and the number and initials assigned to it by the Court]. I agree to 9 comply with and to be bound by all the terms of this Stipulated Protective Order and 10 I understand and acknowledge that failure to so comply could expose me to sanctions 11 and punishment in the nature of contempt. I solemnly promise that I will not disclose 12 in any manner any information or item that is subject to this Stipulated Protective 13 Order to any person or entity except in strict compliance with the provisions of this 14 Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint [print or 19 type full name] of [print or 20 type full address and telephone number] as my California agent for service of process 21 in connection with this action or any proceedings related to enforcement of this 22 Stipulated Protective Order. 23 24 Date: 25 City and State where sworn and signed: 26 Printed Name: 27 28 Signature: