1 Steven D. Moore (State Bar No. 290875) 2 [email protected] Two Embarcadero Center, Suite 1900 3 San Francisco, CA 94111 Telephone: 415 576 0200 4 Facsimile: 415 576 0300

5 Taylor J. Pfingst (State Bar No. 316516) [email protected] 6 1801 Century Park East, Suite 2300 Los Angeles, CA 90067 7 Telephone: 310 248 3830 Facsimile: 310 860 0363 8 James J. Maune (State Bar No. 293923) 9 [email protected] 12255 El Camino Real, Suite 250 10 San Diego, CA 92130 Telephone: 858 350 6100 11 Facsimile: 858 350-6111

12 Attorneys for Plaintiff

13 BAYRAMOGLU LAW OFFICES LLC Nihat Deniz Bayramoglu (State Bar No. 294922) 14 [email protected] 1540 West Warm Springs Road, Suite 100 15 Henderson, NV 89014 Telephone: (702) 462-5973 16 Facsimile: (702) 553-3404

17 Attorneys for Defendants

18

19 UNITED STATES DISTRICT COURT

20 FOR THE CENTRAL DISTRICT OF CALIFORNIA

21 WESTERN DIVISION

22 ZODIAC POOL SYSTEMS LLC, a Case No. 2:20-cv-09085-GW (AFMx) Delaware limited liability company, 23 [PROPOSED] STIPULATED Plaintiff, PROTECTIVE ORDER1 24 v. 25 Complaint Filed: October 2, 2020 TIANJIN WANGYUAN Trial Date: 26 ENVIRONMENTAL PROTECTION AND TECHNOLOGY CO., LTD. Judge: Hon. George H. Wu 27 1 This Stipulated Protective Order is based substantially on the model protective 28 order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures. 1 || d/b/a WINNY POOL CLEANER and 2 CORPORATION a California corporation, Defendant. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM -2-

1 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. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, customer and pricing lists and 13 other valuable research, development, commercial, financial, technical and/or

14 proprietary information for which special protection from public disclosure and 15 from use for any purpose other than prosecution of this action is warranted. Such 16 confidential and proprietary materials and information consist of, among other 17 things, confidential business or financial information, information regarding 18 confidential business practices, or other confidential research, development, or 19 commercial information (including information implicating privacy rights of third 20 parties), information otherwise generally unavailable to the public, or which may be

21 privileged or otherwise protected from disclosure under state or federal statutes, 22 court rules, case decisions, or common law. Accordingly, to expedite the flow of 23 information, to facilitate the prompt resolution of disputes over confidentiality of 24 discovery materials, to adequately protect information the parties are entitled to keep 25 confidential, to ensure that the parties are permitted reasonable necessary uses of 26 such material in preparation for and in the conduct of trial, to address their handling 27 at the end of the litigation, and serve the ends of justice, a protective order for such

28 information is justified in this matter. It is the intent of the parties that information 1 || will not be designated as confidential for tactical reasons and that nothing be so 2 || designated without a good faith belief that it has been maintained in a confidential, 3 || non-public manner, and there is good cause why it should not be part of the public 4 || record of this case. 5 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 6 SEAL 7 The parties further acknowledge, as set forth in Section 12.3, below, that this 8 || Stipulated Protective Order does not entitle them to file confidential information 9 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 10 || and the standards that will be applied when a party seeks permission from the court 11 || to file material under seal. 12 There is a strong presumption that the public has a right of access to judicial 13 || proceedings and records in civil cases. In connection with non-dispositive motions, 14 || good cause must be shown to support a filing under seal. See Kamakana v. City and 15 || County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. Motors 16 || Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 17 || Inc.,

(E.D. Wis. 1999) (even stipulated protective orders 18 || require good cause showing), and a specific showing of good cause or compelling 19 || reasons with proper evidentiary support and legal justification, must be made with 20 || respect to Protected Material that a party seeks to file under seal. The parties’ mere 21 || designation of Disclosure or Discovery Material as CONFIDENTIAL or “HIGHLY 22 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY” does not—without the 23 || submission of competent evidence by declaration, establishing that the material 24 || sought to be filed under seal qualifies as confidential, privileged, or otherwise 25 || protectable—constitute good cause. 26 Further, if a party requests sealing related to a dispositive motion or trial, then 27 || compelling reasons, not only good cause, for the sealing must be shown, and the 28 || relief sought shall be narrowly tailored to serve the specific interest to be protected. STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM -2-

1 || See Pintos v. Pacific Creditors Ass’n.,

(9th Cir. 2010). For 2 || each item or type of information, document, or thing sought to be filed or introducec 3 || under seal in connection with a dispositive motion or trial, the party seeking 4 || protection must articulate compelling reasons, supported by specific facts and legal 5 || justification, for the requested sealing order. Again, competent evidence supporting 6 || the application to file documents under seal must be provided by declaration. 7 Any document that is not confidential, privileged, or otherwise protectable in 8 || its entirety will not be filed under seal if the confidential portions can be redacted. If 9 || documents can be redacted, then a redacted version for public viewing, omitting 10 || only the confidential, privileged, or otherwise protectable portions of the document, 11 || shall be filed. Any application that seeks to file documents under seal in their 12 || entirety should include an explanation of why redaction is not feasible. 13 || 2. DEFINITIONS 14 2.1 Action: Case No. 2:20-cv-09085-GW (AFMx). 15 2.2 Challenging Party: a Party or Non-Party that challenges the designation 16 || 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 (as well as their support staff) and 22 || excludes in-house attorneys “house counsel” for the parties. 23 2.5 Designating Party: a Party or Non-Party that designates information or 24 || items that it produces in disclosures or in responses to discovery as 25 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 26 || ONLY.” 27 2.6 Disclosure or Discovery Material: all items or information, regardless 28 || of the medium or manner in which it is generated, stored, or maintained (including, STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM -3-

1 || among other things, testimony, transcripts, and tangible things), that are produced o1 2 || generated in disclosures or responses to discovery in this matter. 3 2.7 Expert: a person with specialized knowledge or experience in a matter 4 || pertinent to the litigation who (1) has been retained by a Party or its counsel to serve 5 || as an expert witness or as a consultant in this Action, (2) is not a past or current 6 || employee of a Party or of a Party’s competitor, and (3) at the time of retention, is 7 || not anticipated to become an employee of a Party or of a Party’s competitor. 8 2.8 House Counsel: attorneys who are employees of a party to this Action. 9 || House Counsel does not include Outside Counsel of Record or any other outside 10 |} counsel. 11 2.9 Non-Party: any natural person, partnership, corporation, association or 12 || other legal entity not named as a Party to this action. 13 2.10 Outside Counsel of Record: attorneys who are not employees of a party 14 || to this Action but are retained to represent or advise a party to this Action and have 15 || appeared in this Action on behalf of that party or are affiliated with a law firm that 16 || has appeared on behalf of that party, and includes other attorneys, paralegals, 17 || secretaries, and other support staff employed in the law firms identified below: 18 || Kilpatrick Townsend Stockton LLP and Bayramoglu Law Offices LLC. 19 2.11 Party: any party to this Action, including all of its officers, directors, 20 || employees, consultants, retained experts, and Outside Counsel of Record (and their 21 || support staffs). 22 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 23 || Discovery Material in this Action. 24 2.13 Professional Vendors: persons or entities that provide litigation support 25 || services (e.g., photocopying, videotaping, translating, preparing exhibits or 26 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 27 || and their employees and subcontractors. 28 2.14 Protected Material: any Disclosure or Discovery Material that is STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM -4-

1 || designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — 2 || ATTORNEYS’ EYES ONLY.” 3 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 4 || from a Producing Party. 5 2.16 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” 6 || Information or Items: extremely sensitive “Confidential Information or Items,” 7 || disclosure of which to another Party or Non-Party would create a substantial risk of 8 || serious harm that could not be avoided by less restrictive means. 9 |) 3. SCOPE 10 The protections conferred by this Stipulation and Order cover not only 11 || Protected Material (as defined above), but also (1) any information copied or 12 || extracted from Protected Material; (2) all copies, excerpts, summaries, or 13 || compilations of Protected Material; and (3) any testimony, conversations, or 14 || presentations by Parties or their Counsel that might reveal Protected Material. 15 However, the protections conferred by this Stipulation and Order do not cover 16 || the following information: (a) any information that is in the public domain at the 17 || time of disclosure to a Receiving Party or becomes part of the public domain after 18 || its disclosure to a Receiving Party as a result of publication not involving a violatior 19 || of this Order, including becoming part of the public record through trial or 20 || otherwise; and (b) any information known to the Receiving Party prior to the 21 || disclosure or obtained by the Receiving Party after the disclosure from a source whe 22 || obtained the information lawfully and under no obligation of confidentiality to the 23 || Designating Party. 24 Any use of Protected Material at trial shall be governed by the orders of the 25 || trial judge. This Order does not govern the use of Protected Material at trial. 26 || 4. DURATION 27 Once a case proceeds to trial, information that was designated as 28 || CONFIDENTIAL or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM -5-

1 || ONLY” or maintained pursuant to this protective order used or introduced as an 2 || exhibit at trial becomes public and will be presumptively available to all members o 3 || the public, including the press, unless compelling reasons supported by specific 4 || factual findings to proceed otherwise are made to the trial judge in advance of the 5 || trial. See Kamakana,

(distinguishing “good cause” showing for 6 || sealing documents produced in discovery from “compelling reasons” standard when 7 || merits-related documents are part of court record). Accordingly, the terms of this 8 || protective order do not extend beyond the commencement of the trial. 9} 5. DESIGNATING PROTECTED MATERIAL 10 5.1 Exercise of Restraint and Care in Designating Material for Protection. 11 || Each Party or Non-Party that designates information or items for protection under 12 || this Order must take care to limit any such designation to specific material that 13 || qualifies under the appropriate standards. The Designating Party must designate for 14 || protection only those parts of material, documents, items or oral or written 15 || communications that qualify so that other portions of the material, documents, items 16 || or communications for which protection is not warranted are not swept unjustifiably 17 || within the ambit of this Order. 18 Mass, indiscriminate or routinized designations are prohibited. Designations 19 || that are shown to be clearly unjustified or that have been made for an improper 20 || purpose (e.g., to unnecessarily encumber the case development process or to impose 21 || unnecessary expenses and burdens on other parties) may expose the Designating 22 || Party to sanctions. 23 If it comes to a Designating Party’s attention that information or items that it 24 || designated for protection do not qualify for protection, that Designating Party must 25 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 26 5.2 Manner and Timing of Designations. Except as otherwise provided in 27 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 28 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM -6-

1 || under this Order must be clearly so designated before the material is disclosed or 2 || produced. 3 Designation in conformity with this Order requires: 4 (a) for information in documentary form (e.g., paper or electronic 5 || documents, but excluding transcripts of depositions or other pretrial or trial 6 || proceedings), that the Producing Party affix at a minimum, the legend 7 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”’) or “HIGHLY 8 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY legend” to each page that 9 || contains protected material. If only a portion of the material on a page qualifies for 10 || protection, the Producing Party also must clearly identify the protected portion(s) 11 || (e.g., by making appropriate markings in the margins). 12 A Party or Non-Party that makes original documents available for inspection 13 || need not designate them for protection until after the inspecting Party has indicated 14 || which documents it would like copied and produced. During the inspection and 15 || before the designation, all of the material made available for inspection shall be 16 || deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ 17 || EYES ONLY.” After the inspecting Party has identified the documents it wants 18 || copied and produced, the Producing Party must determine which documents, or 19 || portions thereof, qualify for protection under this Order. Then, before producing the 20 || specified documents, the Producing Party must affix the “CONFIDENTIAL legend’ 21 || or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY legend” to each 22 || page that contains Protected Material. If only a portion of the material on a page 23 || qualifies for protection, the Producing Party also must clearly identify the protected 24 || portion(s) (e.g., by making appropriate markings in the margins). 25 (b) for testimony given in depositions that the Designating Party 26 || identifies the Disclosure or Discovery Material on the record, before the close of the 27 || deposition all protected testimony. When it is impractical to identify separately each 28 || portion of testimony that is entitled to protection and it appears that substantial STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM -7-

1 || portions of the testimony may qualify for protection, the Designating Party may 2 || invoke on the record (before the deposition, hearing, or other proceeding is 3 || concluded) a right to have up to 21 days to identify the specific portions of the 4 || testimony as to which protection is sought and to specify the level of protection 5 || being asserted. Only those portions of the testimony that are appropriately 6 || designated for protection within the 21 days shall be covered by the provisions of 7 || this Stipulated Protective Order. Alternatively, a Designating Party may specify, at 8 || the deposition or up to 21 days afterwards if that period is properly invoked, that the 9 || entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY 10 | CONFIDENTIAL — ATTORNEYS’ EYES ONLY.” 11 (c) for information produced in some form other than documentary 12 || and for any other tangible items, that the Producing Party affix in a prominent place 13 || on the exterior of the container or containers in which the information is stored the 14 || legends “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ 15 || EYES ONLY.” If only a portion or portions of the information warrants protection, 16 || the Producing Party, to the extent practicable, shall identify the protected portion(s). 17 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent 18 || failure to designate qualified information or items does not, standing alone, waive 19 || the Designating Party’s right to secure protection under this Order for such material. 20 || Upon timely correction of a designation, the Receiving Party must make reasonable 21 || efforts to assure that the material is treated in accordance with the provisions of this 22 || Order. 23 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 24 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 25 || designation of confidentiality at any time that is consistent with the Court’s 26 || Scheduling Order. 27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 28 || resolution process under Local Rule 37-1 et seq. STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM -8-

1 6.3. Joint Stipulation. Any challenge submitted to the Court shall be via a 2 || joint stipulation pursuant to Local Rule 37-2. 3 6.4 The burden of persuasion in any such challenge proceeding shall be on 4 || the Designating Party. Frivolous challenges, and those made for an improper 5 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 6 || parties) may expose the Challenging Party to sanctions. Unless the Designating 7 || Party has waived or withdrawn the confidentiality designation, all parties shall 8 || continue to afford the material in question the level of protection to which it is 9 || entitled under the Producing Party’s designation until the Court rules on the 10 challenge. 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 12 7.1 Basic Principles. A Receiving Party may use Protected Material that is 13 || disclosed or produced by another Party or by a Non-Party in connection with this 14 || Action only for prosecuting, defending or attempting to settle this Action. Such 15 || Protected Material may be disclosed only to the categories of persons and under the 16 || conditions described in this Order. When the Action has been terminated, a 17 || Receiving Party must comply with the provisions of section 13 below (FINAL 18 || DISPOSITION). 19 Protected Material must be stored and maintained by a Receiving Party at a 20 || location and in a secure manner that ensures that access is limited to the persons 21 || authorized under this Order. 22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 23 || otherwise ordered by the court or permitted in writing by the Designating Party, a 24 || Receiving Party may disclose any information or item designated 25 || “CONFIDENTIAL?” only to: 26 (a) the Receiving Party’s Outside Counsel of Record in this Action, 27 || as well as employees of said Outside Counsel of Record to whom it is reasonably 28 || necessary to disclose the information for this Action; STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM -9-

1 (b) the officers, directors, and employees (including House Counsel) 2 || of the Receiving Party to whom disclosure is reasonably necessary for this Action; 3 (c) Experts (as defined in this Order) of the Receiving Party to 4 || whom disclosure is reasonably necessary for this Action and who have signed the 5 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (d) the court and its personnel; 7 (e) court reporters and their staff; 8 (f) professional jury or trial consultants, mock jurors, and Professional 9 || Vendors to whom disclosure is reasonably necessary for this Action and who have 10 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (g) the author or recipient of a document containing the information 12 || or a custodian or other person who otherwise possessed or knew the information; 13 (h) during their depositions, witnesses, and attorneys for witnesses, 14 || in the Action to whom disclosure is reasonably necessary provided: (1) the deposing 15 || party requests that the witness sign the form attached as Exhibit | hereto; and (2) 16 || they will not be permitted to keep any confidential information unless they sign the 17 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 18 || agreed by the Designating Party or ordered by the court. Pages of transcribed 19 || deposition testimony or exhibits to depositions that reveal Protected Material may 20 || be separately bound by the court reporter and may not be disclosed to anyone excep’ 21 || as permitted under this Stipulated Protective Order; and 22 (i) any mediator or settlement officer, and their supporting 23 || personnel, mutually agreed upon by any of the parties engaged in settlement 24 || discussions. 5 7.3. Disclosure of “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 6 || ONLY Information or Items. Unless otherwise ordered by the court or permitted in 7 writing by the Designating Party, a Receiving Party may disclose any information o1 28 item designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” □□□ STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM -10-

1 || to: (a) the Receiving Party’s Outside Counsel of Record in this action, as 3 well as employees of said Outside Counsel of Record to whom it is reasonably 4 necessary to disclose the information for this litigation and who have signed the ° “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 6 A: (b) Experts of the Receiving Party (1) to whom disclosure is reasonably 8 necessary for this litigation, (2) who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set forth it 10 paragraph 7.4(a)(1), below, have been followed]; (c) the court and its personnel; 12 (d) court reporters and their staff, professional jury or trial consultants, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” IS (Exhibit A); and 16 (e) the author or recipient of a document containing the information or i a custodian or other person who otherwise possessed or knew the information. I8 7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY 19 CONFIDENTIAL — ATTORNEYS’ EYES ONLY” Information or Items to 20 Designated House Counsel or Experts. 71 (a)(1) Unless otherwise ordered by the court or agreed to in writing by 22 the Designating Party, a Party that seeks to disclose to an Expert (as defined in this 23 Order) any information or item that has been designated “HIGHLY 24 CONFIDENTIAL — ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(c) 2 first must make a written request to the Designating Party that (1) identifies the 26 general categories of “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY’ information that the Receiving Party seeks permission to disclose to the Expert, (2)

STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM -11-

1 || sets forth the full name of the Expert and the city and state of his or her primary 2 || residence, (3) attaches a copy of the Expert’s current resume, (4) identifies the 3 || Expert’s current employer(s), (5) identifies each person or entity from whom the 4 || Expert has received compensation or funding for work in his or her areas of 5 || expertise or to whom the expert has provided professional services, including in 6 || connection with a litigation, at any time during the preceding five years, and (6) 7 || identifies (by name and number of the case, filing date, and location of court) any 8 || litigation in connection with which the Expert has offered expert testimony, 9 || including through a declaration, report, or testimony at a deposition or trial, during 10 || the preceding five years. 11 (b) A Party that makes a request and provides the information specified 12 || in the preceding respective paragraph may disclose the subject Protected Material to 13 || the identified Expert unless, within 14 days of delivering the request, the Party 14 || receives a written objection from the Designating Party. Any such objection must 15 || set forth in detail the grounds on which it is based. 16 (c) A Party that receives a timely written objection must meet and 17 || confer with the Designating Party (through direct voice to voice dialogue) to try to 18 || resolve the matter by agreement within seven days of the written objection. If no 19 || agreement is reached, the Party seeking to make the disclosure to the Expert may 20 || file a motion as provided in Civil Local Rule 7 (and in compliance with Civil Local 21 || Rule 79-5, if applicable) seeking permission from the court to do so. Any such 22 || motion must describe the circumstances with specificity, set forth in detail the 23 || reasons why the disclosure to Designated House Counsel or the Expert is reasonably 24 || necessary, assess the risk of harm that the disclosure would entail, and suggest any 25 || additional means that could be used to reduce that risk. In addition, any such motion 26 || must be accompanied by a competent declaration describing the parties’ efforts to 27 || resolve the matter by agreement (1.e., the extent and the content of the meet and 28 || confer discussions) and setting forth the reasons advanced by the Designating Party STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM -12-

1 || for its refusal to approve the disclosure. 2 In any such proceeding, the Party opposing disclosure to the Expert shall bear 3 || the burden of proving that the risk of harm that the disclosure would entail (under 4 || the safeguards proposed) outweighs the Receiving Party’s need to disclose the 5 || Protected Material to its Designated House Counsel or Expert. 6 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 7 IN OTHER LITIGATION 8 If a Party is served with a subpoena or a court order issued in other litigation 9 || that compels disclosure of any information or items designated in this Action as 10 | “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 11 || ONLY” that Party must: 12 (a) promptly notify in writing the Designating Party. Such 13 || notification shall include a copy of the subpoena or court order; 14 (b) promptly notify in writing the party who caused the subpoena or 15 || order to 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 shall include 17 || acopy of this Stipulated Protective Order; and 18 (c) cooperate with respect to all reasonable procedures sought to be 19 || pursued by the Designating Party whose Protected Material may be affected. 20 If the Designating Party timely seeks a protective order, the Party served with 21 || the subpoena or court order shall not produce any information designated in this 22 || action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ 23 || EYES ONLY” before a determination by the court from which the subpoena or 24 || order issued, unless the Party has obtained the Designating Party’s permission. The 25 || Designating Party shall bear the burden and expense of seeking protection in that 26 || court of its confidential material and nothing in these provisions should be construec 27 || as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 28 || directive from another court. STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM □ □□ -

1} 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a 4 || Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 5 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY.” Such information produced by 6 || Non-Parties in connection with this litigation is protected by the remedies and relief 7 || provided by this Order. Nothing in these provisions should be construed as 8 || prohibiting a Non-Party from seeking additional protections. 9 (b) Inthe event that a Party is required, by a valid discovery request, to 10 || produce a Non-Party’s confidential information in its possession, and the Party is 11 || subject to an agreement with the Non-Party not to produce the Non-Party’s 12 || confidential information, then the Party shall: 13 (1) promptly notify in writing the Requesting Party and the Non- 14 || Party that some or all of the information requested is subject to a confidentiality 15 || agreement with a Non-Party; 16 (2) promptly provide the Non-Party with a copy of the Stipulated 17 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 18 || specific description of the information requested; and 19 (3) make the information requested available for inspection by the 20 || Non-Party, if requested. 21 (c) Ifthe Non-Party fails to seek a protective order from this court within 22 || 14 days of receiving the notice and accompanying information, the Receiving Party 23 || may produce the Non-Party’s confidential information responsive to the discovery 24 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall 25 || not produce any information in its possession or control that is subject to the 26 || confidentiality agreement with the Non-Party before a determination by the court. 27 || Absent a court order to the contrary, the Non-Party shall bear the burden and 28 || expense of seeking protection in this court of its Protected Material. STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM -14-

1 || 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 || Protected Material to any person or in any circumstance not authorized under this 4 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in 5 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 6 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person o: 7 || persons to whom unauthorized disclosures were made of all the terms of this Order, 8 || and (d) request such person or persons to execute the “Acknowledgment and 9 || Agreement to Be Bound” that is attached hereto as Exhibit A. 10 | 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 12 When a Producing Party gives notice to Receiving Parties that certain 13 || inadvertently produced material is subject to a claim of privilege or other protection. 14 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 15 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 16 || may be established in an e-discovery order that provides for production without 17 || prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 18 || as the parties reach an agreement on the effect of disclosure of a communication or 19 || information covered by the attorney-client privilege or work product protection, the 20 || parties may incorporate their agreement in the stipulated protective order submitted 21 || to the court. 22 |} 12. MISCELLANEOUS 23 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 24 || person to seek its modification by the Court in the future. 25 12.2 Right to Assert Other Objections. By stipulating to the entry of this 26 || Protective Order, no Party waives any right it otherwise would have to object to 27 || disclosing or producing any information or item on any ground not addressed in this 28 || Stipulated Protective Order. Similarly, no Party waives any right to object on any STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM -15-

1 || ground to use in evidence of any of the material covered by this Protective Order. 2 12.3 Filing Protected Material. A Party that seeks to file under seal any 3 || Protected Material must comply with Local Civil Rule 79-5. Protected Material may 4 || only be filed under seal pursuant to a court order authorizing the sealing of the 5 || specific Protected Material at issue. If a Party’s request to file Protected Material 6 || under seal is denied by the court, then the Receiving Party may file the information 7 || in the public record unless otherwise instructed by the court. 8 || 13. FINAL DISPOSITION 9 After the final disposition of this Action, as defined in paragraph 4, within 60 10 || days of a written request by the Designating Party, each Receiving Party must returr 11 || all Protected Material to the Producing Party or destroy such material. As used in 12 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations 13 || summaries, and any other format reproducing or capturing any of the Protected 14 || Material. Whether the Protected Material is returned or destroyed, the Receiving 15 || Party must submit a written certification to the Producing Party (and, if not the same 16 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 17 || (by category, where appropriate) all the Protected Material that was returned or 18 || destroyed and (2) affirms that the Receiving Party has not retained any copies, 19 || abstracts, compilations, summaries or any other format reproducing or capturing any 20 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to 21 |) retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 22 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 23 || reports, attorney work product, and consultant and expert work product, even if suct 24 || materials contain Protected Material. Any such archival copies that contain or 25 || constitute Protected Material remain subject to this Protective Order as set forth in 26 || Section 4 (DURATION). 27 || 14. VIOLATION 28 Any violation of this Order may be punished by appropriate measures STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM - □□ □

1 || including, without limitation, contempt proceedings and/or monetary sanctions. 2 3 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 || DATED: May 17, 2021 5 6 || /s/ Steven D. Moore 7 Attorneys for Plaintiff 8 9 || DATED: May 17, 2021 10 11 || 4s/Nihat Deniz Bayramoglu 12 || Attorneys for Defendant 13 14 15 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 16 17 | DATED: 5/18/2021 18 ° 19 (Wy 20 HON. ALEXANDER F. MacKINNON United States Magistrate Judge 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM -17-

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 1, [print or type full name], of 4 [print or type full address], declare under penalty of perjury th 5 || I have read in its entirety and understand the Stipulated Protective Order that was 6 || issued by the United States District Court for the Central District of California on 7 || [date] in the case of [insert formal name of the case and the numbe 8 || and initials assigned to it by the court]. I agree to comply with and to be bound by 9 || all the terms of this Stipulated Protective Order and I understand and acknowledge 10 || that failure to so comply could expose me to sanctions and punishment in the nature 11 || of contempt. I solemnly promise that I will not disclose in any manner any 12 || information or item that is subject to this Stipulated Protective Order to any person ¢ 13 || 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 for the 15 || Central District of California for enforcing the terms of this Stipulated Protective 16 || Order, even if such enforcement proceedings occur after termination of this action. 17 || Thereby appoint [print or type full name] of 18 [print or type 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 sworn and signed: 24 25 || Printed name: 26 27 || Signature: 28 STIPULATED PROTECTIVE ORDER CASE NO. 2:20-CV-09085-DDP-AFM - 18 -