1 Mark F. Lovell CA Bar No. 246652 [email protected] 2 Sarah Christenson CA Bar No. 291548 [email protected] 3 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 4 Park Tower, Fifteenth Floor 695 Town Center Drive 5 Costa Mesa, CA 92626 Telephone: 714-800-7900 6 Facsimile: 714-754-1298

7 Attorneys for Defendants EnerSys Delaware, Inc., and 8 EnerSys Advanced Systems, Inc.

9 SESSIONS & KIMBALL LLP 10 Samuel P. Nielson, State Bar No. 274611 23456 Madero, Suite 170 11 Mission Viejo, California 92691 12 [email protected] Tel: (949) 380-0900 13 Fax: (949) 380-8283 14

15 Attorneys for Plaintiff Kevin Schrantz 16 17 UNITED STATES DISTRICT COURT 18 CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION 19 20 KEVIN SCHRANTZ, an individual, Case No. 8:21-00248 JLS (DFMx)

21 Plaintiff, STIPULATION AND PROPOSED PROTECTIVE ORDER 22 v.

23 Complaint Filed: December 18, 2020 ENERSYS DELAWARE, INC., a Trial Date: None Set Delaware corporation; ENERSYS 24 District Judge: Hon. Josephine L. Staton ADVANCED SYSTEMS, INC., a

Delaware corporation; and DOES 1 25 Magistrate Judge: Hon. Douglas F. through 20, inclusive, McCormick 26 Defendants. 27

Schrantz - Stipulation and 28 1 IT IS HEREBY STIPULATED by and between Plaintiff KEVIN SCHRANTZ 2 (“Plaintiff”) and Defendants ENERSYS DELAWARE, INC., and ENERSYS 3 ADVANCED SYSTEMS, INC. (collectively “Defendants”)1 that in order to facilitate 4 the exchange of information and documents which may be subject to confidentiality 5 limitations on disclosure due to federal laws, state laws, the Local Civil Rules, and 6 privacy rights, the Parties stipulate as follows: 7 I. PURPOSES AND LIMITATIONS 8 Discovery in this action involves the production of confidential, proprietary or 9 private information for which special protection from public disclosure and from use 10 for any purpose other than pursuing this litigation may be warranted. Accordingly, the 11 Parties hereby stipulate to and petition the Court to enter the following Stipulated 12 Protective Order. The Parties acknowledge that this Order does not confer blanket 13 protections on all disclosures or responses to discovery and that the protection it 14 affords from public disclosure and use extends only to the limited information or items 15 that are entitled to confidential treatment under the applicable legal principles. 16 II. GOOD CAUSE STATEMENT 17 This action arises from Plaintiff’s claims for wage and hour violations, age 18 discrimination, and wrongful termination. Plaintiff formerly worked for Defendants 19 as a Sales Manager and as a Director of Global Medical sales. Defendants contend 20 that Plaintiff’s separation from employment was due to a reduction in force, given 21 financial challenges. In order to present his case, Plaintiff has sought information 22 regarding the reasons for his termination, as well as documentation pertaining to his 23 work performance. Defendants contend that some documents bearing on these issues 24 include confidential, proprietary information of Defendants, including sales account 25 information and customer information, and sensitive and confidential financial 26 information. 27 S Sc tih pr ua ln at tz io - n and 28 1 Discovery conducted thus far implicates that Plaintiff is seeking documents 2 which include such proprietary and confidential information, the production of which 3 could impact Defendants’ ability to protect such confidential and proprietary 4 information. Defendants further contend that this information is protected under 5 California’s privacy laws. 6 The Parties recognize that such information warrants special protection from 7 public disclosure and from use for any purpose other than prosecution of this action, 8 as it may be privileged or otherwise protected from disclosure under state and federal 9 statutes, court rules, case decisions, or common law. Accordingly, to expedite the 10 flow of information, to facilitate the prompt resolution of disputes over confidentiality 11 of discovery materials, to adequately protect information the Parties are entitled to 12 keep confidential, to ensure that the Parties are permitted reasonable necessary uses of 13 such material in preparation for and in the conduct of trial, to address their handling at 14 the end of the litigation, and serve the ends of justice, a protective order for such 15 information is justified in this matter. It is the intent of the Parties that information 16 will not be designated as confidential for tactical reasons and that nothing be so 17 designated without a good faith belief that it has been maintained in a confidential, 18 non-public manner, and there is good cause why it should not be part of the public 19 record of this case. 20 III. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 21 The Parties further acknowledge, as set forth in Section 14.3, below, that this 22 Stipulated Protective Order does not entitle them to file confidential information under 23 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 24 standards that will be applied when a party seeks permission from the Court to file 25 material under seal. There is a strong presumption that the public has a right of access 26 to judicial proceedings and records in civil cases. In connection with non-dispositive 27 motions, good cause must be shown to support a filing under seal. See Kamakana v. S Sc tih pr ua ln at tz io - n and 28 City and County of Honolulu,

, 1176 (9th Cir. 2006), Phillips v. Gen. 1 Motors Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 2 Electrics, Inc.,

(E.D. Wis. 1999) (even stipulated protective 3 orders require good cause showing), and a specific showing of good cause or 4 compelling reasons with proper evidentiary support and legal justification, must be 5 made with respect to Protected Material that a party seeks to file under seal. The 6 Parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 7 does not— without the submission of competent evidence by declaration, establishing 8 that the material sought to be filed under seal qualifies as confidential, privileged, or 9 otherwise protectable—constitute good cause. 10 Further, if a party requests sealing related to a dispositive motion or trial, then 11 compelling reasons, not only good cause, for the sealing must be shown, and the relief 12 sought shall be narrowly tailored to serve the specific interest to be protected. See 13 Pintos v. Pacific Creditors Ass’n.,

(9th Cir. 2010). For each item 14 or type of information, document, or thing sought to be filed or introduced under seal, 15 the party seeking protection must articulate compelling reasons, supported by specific 16 facts and legal justification, for the requested sealing order. Again, competent evidence 17 supporting the application to file documents under seal must be provided by 18 declaration. 19 Any document that is not confidential, privileged, or otherwise protectable in 20 its entirety will not be filed under seal if the confidential portions can be redacted. If 21 documents can be redacted, then a redacted version for public viewing, omitting only 22 the confidential, privileged, or otherwise protectable portions of the document, shall 23 be filed. Any application that seeks to file documents under seal in their entirety should 24 include an explanation of why redaction is not feasible. 25 IV. DEFINITIONS 26 4.1 “Action”: the above-entitled proceeding, Schrantz v. EnerSys Delaware, 27 Inc., and EnerSys Advanced Systems, Inc., Case No. 8:21-00248 JLS (DFMx). S Sc tih pr ua ln at tz io - n and 28 4.2 “Challenging Party”: a Party or Non-Party that challenges the 1 designation of information or items under this Order. 2 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 3 how it is generated, stored or maintained) or tangible things that qualify for protection 4 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 5 Statement. 6 4.4 “Counsel”: Outside Counsel of Record and House Counsel (as well as 7 their support staff). 8 4.5 “Designating Party”: a Party or Non-Party that designates information or 9 items that it produces in disclosures or in responses to discovery as 10 “CONFIDENTIAL.” 11 4.6 “Disclosure or Discovery Material”: all items or information, regardless 12 of the medium or manner in which it is generated, stored, or maintained (including, 13 among other things, testimony, transcripts, and tangible things), that are produced or 14 generated in disclosures or responses to discovery. 15 4.7 “Expert”: a person with specialized knowledge or experience in a matter 16 pertinent to the litigation who has been retained by a Party or its counsel to serve as 17 an expert witness or as a consultant in this Action. 18 4.8 “House Counsel”: attorneys who are employees of a party to this Action. 19 House Counsel does not include Outside Counsel of Record or any other outside 20 counsel. 21 4.9 “Non-Party”: any natural person, partnership, corporation, association or 22 other legal entity not named as a Party to this action. 23 4.10 “Outside Counsel of Record”: attorneys who are not employees of a party 24 to this Action but are retained to represent a party to this Action and have appeared in 25 this Action on behalf of that party or are affiliated with a law firm that has appeared 26 on behalf of that party, and includes support staff. 27 4.11 “Party”: any party to this Action, including all of its officers, directors, S Sc tih pr ua ln at tz io - n and 28 employees, consultants, retained experts, and Outside Counsel of Record (and their 1 support staffs). 2 4.12 “Producing Party”: a Party or Non-Party that produces Disclosure or 3 Discovery Material in this Action. 4 4.13 “Professional Vendors”: persons or entities that provide litigation support 5 services (e.g., photocopying, videotaping, translating, preparing exhibits or 6 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 7 their employees and subcontractors. 8 4.14 “Protected Material”: any Disclosure or Discovery Material that is 9 designated as “CONFIDENTIAL.” 10 4.15 “Receiving Party”: a Party that receives Disclosure or Discovery 11 Material from a Producing Party. 12 4.16 “Designation Objections”: written objections listing the specific reasons 13 and support for them to the specific Documents, Testimony or Information to which 14 each objection pertains 15 4.17 “Designation Motion”: a motion filed with the Court seeking to uphold 16 any or all designations on Documents, Testimony or Information labeled 17 “CONFIDENTIAL.” 18 V. SCOPE 19 The protections conferred by this Stipulation and Order cover not only Protected 20 Material (as defined above), but also (1) any information copied or extracted from 21 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 22 Material; and (3) any testimony, conversations, or presentations by Parties or their 23 Counsel that might reveal Protected Material. Any use of Protected Material at trial 24 shall be governed by the orders of the trial judge and other applicable authorities. This 25 Order does not govern the use of Protected Material at trial. 26 VI. DURATION 27 Once a case proceeds to trial, information that was designated as S Sc tih pr ua ln at tz io - n and 28 CONFIDENTIAL or maintained pursuant to this Protective Order used or introduced 1 as an exhibit at trial becomes public and will be presumptively available to all 2 members of the public, including the press, unless compelling reasons supported by 3 specific factual findings to proceed otherwise are made to the trial judge in advance of 4 the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing 5 for sealing documents produced in discovery from “compelling reasons” standard 6 when merits-related documents are part of court record). Accordingly, the terms of 7 this protective order do not extend beyond the commencement of the trial. 8 VII. DESIGNATING PROTECTED MATERIAL 9 7.1 Exercise of Restraint and Care in Designating Material for Protection. 10 Each Party or Non-Party that designates information or items for protection 11 under this Order must take care to limit any such designation to specific material that 12 qualifies under the appropriate standards. The Designating Party must designate for 13 protection only those parts of material, documents, items or oral or written 14 communications that qualify so that other portions of the material, documents, items 15 or communications for which protection is not warranted are not swept unjustifiably 16 within the ambit of this Order. 17 Mass, indiscriminate or routinized designations are prohibited. Designations 18 that are shown to be clearly unjustified or that have been made for an improper purpose 19 (e.g., to unnecessarily encumber the case development process or to impose 20 unnecessary expenses and burdens on other parties) may expose the Designating Party 21 to sanctions. 22 If it comes to a Designating Party’s attention that information or items that it 23 designated for protection do not qualify for protection, that Designating Party must 24 promptly notify all other Parties that it is withdrawing the inapplicable designation. 25 7.2 Manner and Timing of Designations. Except as otherwise provided in this 26 Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that 27 qualifies for protection under this Order must be clearly so designated before the S Sc tih pr ua ln at tz io - n and 28 material is disclosed or produced. Designation in conformity with this Order requires: 1 (a) for information in documentary form (e.g., paper or electronic 2 documents, but excluding transcripts of depositions or other pretrial or trial 3 proceedings), that the Producing Party affix at a minimum, the legend 4 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 5 contains protected material. If only a portion of the material on a page qualifies for 6 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 7 by making appropriate markings in the margins). 8 A Party or Non-Party that makes original documents available for inspection 9 need not designate them for protection until after the inspecting Party has indicated 10 which documents it would like copied and produced. During the inspection and before 11 the designation, all of the material made available for inspection shall be deemed 12 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 13 copied and produced, the Producing Party must determine which documents, or 14 portions thereof, qualify for protection under this Order. Then, before producing the 15 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 16 to each page that contains Protected Material. If only a portion of the material on a 17 page qualifies for protection, the Producing Party also must clearly identify the 18 protected portion(s) (e.g., by making appropriate markings in the margins). 19 (b) for testimony given in depositions that the Designating Party 20 identifies the Disclosure or Discovery Material on the record, before the close of the 21 deposition all protected testimony. 22 (c) for information produced in some form other than documentary and 23 for any other tangible items, that the Producing Party affix in a prominent place on the 24 exterior of the container or containers in which the information is stored the legend 25 “CONFIDENTIAL.” If only a portion or portions of the information warrants 26 protection, the Producing Party, to the extent practicable, shall identify the protected 27 portion(s). S Sc tih pr ua ln at tz io - n and 28 / / / 1 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 failure to designate qualified information or items does not, standing alone, waive the 3 Designating Party’s right to secure protection under this Order for such material. Upon 4 timely correction of a designation, the Receiving Party must make reasonable efforts 5 to assure that the material is treated in accordance with the provisions of this Order. 6 VIII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 7 8.1 Timing of Challenges. Any Party or Non-Party may challenge a 8 designation of confidentiality at any time prior to trial. 9 8.2 Effect of Challenges. In the event that counsel for a Receiving Party 10 receiving Documents, Testimony or Information in discovery designated as 11 “CONFIDENTIAL” objects to such designation with respect to any or all of such 12 items, said counsel shall provide counsel for the Designating Party with 13 Designation Objections within 15 days of receipt of the “CONFIDENTIAL” material. 14 Counsel for the Designating Party shall then have twenty-one (21) days from receipt 15 of Designation Objections to either (a) agree in writing to de-designate Documents, 16 Testimony or Information pursuant to any or all of the Designation Objections and/or 17 (b) file a Designation Motion with the Court seeking to uphold any or all designations. 18 Pending a resolution of the Designation Motion by the Court, any and all existing 19 designations on the Documents, Testimony or Information at issue in such Motion 20 shall remain in place. The Designating Party shall have the burden on any 21 Designation Motion of establishing the applicability of its “Confidential” designation. 22 In the event that the Designation Objections are neither timely agreed to nor timely 23 addressed in the Designation Motion, then such Documents, Testimony or Information 24 shall be de-designated in accordance with the Designation Objection applicable to 25 such material. 26 8.2 Meet and Confer. The Designating Party anticipating a Designation 27 Motion shall initiate the dispute resolution process under Local Rule 37-1 et seq. S Sc tih pr ua ln at tz io - n and 28 8.3 Joint Stipulation. The Designating Party shall bear the burden of 1 preparing a joint stipulation pursuant to Local Rule 37-2. 2 8.4 The burden of persuasion in any such challenge proceeding shall be on 3 the Designating Party. Frivolous challenges, and those made for an improper purpose 4 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 5 expose the Challenging Party to sanctions. Unless the Designating Party has waived 6 or withdrawn the confidentiality designation, all parties shall continue to afford the 7 material in question the level of protection to which it is entitled under the Producing 8 Party’s designation until the Court rules on the challenge. 9 IX. ACCESS TO AND USE OF PROTECTED MATERIAL 10 9.1 Basic Principles. A Receiving Party may use Protected Material that is 11 disclosed or produced by another Party or by a Non-Party in connection with this 12 Action only for prosecuting, defending or attempting to settle this Action. Such 13 Protected Material may be disclosed only to the categories of persons and under the 14 conditions described in this Order. When the Action has been terminated, a Receiving 15 Party must comply with the provisions of Section 15, below (FINAL DISPOSITION). 16 Protected Material must be stored and maintained by a Receiving Party at a 17 location and in a secure manner that ensures that access is limited to the persons 18 authorized under this Order. 19 9.2 Disclosure of “CONFIDENTIAL” Information or Items. 20 Unless otherwise ordered by the Court or permitted in writing by the 21 Designating Party, a Receiving Party may disclose any information or item designated 22 “CONFIDENTIAL” only to: 23 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 24 well as employees of said Outside Counsel of Record to whom it is reasonably 25 necessary to disclose the information for this Action; 26 (b) the officers, directors, and employees (including House Counsel) of 27 the Receiving Party to whom disclosure is reasonably necessary for this Action; S Sc tih pr ua ln at tz io - n and 28 (c) Experts (as defined in this Order) of the Receiving Party to whom 1 disclosure is reasonably necessary for this Action and who have signed the 2 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (d) the Court and its personnel; 4 (e) court reporters and their staff; 5 (f) professional jury or trial consultants, mock jurors, and Professional 6 Vendors to whom disclosure is reasonably necessary for this Action and who have 7 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (g) the author or recipient of a document containing the information or a 9 custodian or other person who otherwise possessed or knew the information; 10 (h) during their depositions, witnesses, and attorneys for witnesses, in the 11 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 12 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 13 not be permitted to keep any confidential information unless they sign the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 15 by the Designating Party or ordered by the court. Pages of transcribed deposition 16 testimony or exhibits to depositions that reveal Protected Material may be separately 17 bound by the court reporter and may not be disclosed to anyone except as permitted 18 under this Stipulated Protective Order; and 19 (i) any mediators or settlement officers and their supporting personnel, 20 mutually agreed upon by any of the parties engaged in settlement discussions. 21 X. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 22 OTHER LITIGATION 23 If a Party is served with a subpoena or a court order issued in other litigation 24 that compels disclosure of any information or items designated in this Action as 25 “CONFIDENTIAL,” that Party must: 26 (a) promptly notify in writing the Designating Party. Such notification 27 shall include a copy of the subpoena or court order; S Sc tih pr ua ln at tz io - n and 28 (b) promptly notify in writing the party who caused the subpoena or order 1 to issue in the other litigation that some or all of the material covered by the subpoena 2 or order is subject to this Protective Order. Such notification shall include a copy of 3 this Stipulated Protective Order; and 4 (c) cooperate with respect to all reasonable procedures sought to be 5 pursued by the Designating Party whose Protected Material may be affected. If the 6 Designating Party timely seeks a protective order, the Party served with the subpoena 7 or court order shall not produce any information designated in this action as 8 “CONFIDENTIAL” before a determination by the court from which the subpoena or 9 order issued, unless the Party has obtained the Designating Party’s permission. The 10 Designating Party shall bear the burden and expense of seeking protection in that court 11 of its confidential material and nothing in these provisions should be construed as 12 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 13 directive from another court. 14 XI. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 15 PRODUCED IN THIS LITIGATION 16 (a) The terms of this Order are applicable to information produced by a 17 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 18 produced by Non-Parties in connection with this litigation is protected by the remedies 19 and relief provided by this Order. Nothing in these provisions should be construed as 20 prohibiting a Non-Party from seeking additional protections. 21 (b) In the event that a Party is required, by a valid discovery request, to 22 produce a Non-Party’s confidential information in its possession, and the Party is 23 subject to an agreement with the Non-Party not to produce the Non-Party’s 24 confidential information, then the Party shall: 25 (1) promptly notify in writing the Requesting Party and the Non-Party 26 that some or all of the information requested is subject to a confidentiality agreement 27 with a Non-Party; S Sc tih pr ua ln at tz io - n and 28 (2) promptly provide the Non-Party with a copy of the Stipulated 1 Protective Order in this Action, the relevant discovery request(s), and a reasonably 2 specific description of the information requested; 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 not 9 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 XII. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 14 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 15 Protected Material to any person or in any circumstance not authorized under this 16 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 17 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 18 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 19 persons to whom unauthorized disclosures were made of all the terms of this Order, 20 and (d) request such person or persons to execute the “Acknowledgment an Agreement 21 to Be Bound” attached hereto as Exhibit A. 22 XIII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 23 PROTECTED MATERIAL 24 When a Producing Party gives notice to Receiving Parties that certain 25 inadvertently produced material is subject to a claim of privilege or other protection, 26 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 27 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure S Sc tih pr ua ln at tz io - n and 28 may be established in an e-discovery order that provides for production without prior 1 privilege review. Pursuant to Federal Rules of Evidence 502(d) and (e), insofar as the 2 Parties reach an agreement on the effect of disclosure of a communication or 3 information covered by the attorney-client privilege or work product protection, the 4 Parties may incorporate their agreement in the stipulated protective order submitted to 5 the court. 6 XIV. MISCELLANEOUS 7 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 8 person to seek its modification by the Court in the future. 9 14.2 Right to Assert Other Objections. By stipulating to the entry of this 10 Protective Order, no Party waives any right it otherwise would have to object to 11 disclosing or producing any information or item on any ground not addressed in this 12 Stipulated Protective Order. Similarly, no Party waives any right to object on any 13 ground to use in evidence any of the material covered by this Protective Order. 14 14.3 Filing Protected Material. A Party that seeks to file under seal any 15 Protected Material must comply with Local Civil Rule 79-5 and the Initial Standing 16 Order of the Honorable Josephine L. Staton. Protected Material may only be filed 17 under seal pursuant to a court order authorizing the sealing of the specific Protected 18 Material. If a Party’s request to file Protected Material under seal is denied by the 19 Court, then the Receiving Party may file the information in the public record unless 20 otherwise instructed by the Court. 21 XV. FINAL DISPOSITION 22 After the final disposition of this Action, as defined in paragraph 6, within 60 23 days of a written request by the Designating Party, each Receiving Party must return 24 all Protected Material to the Producing Party or destroy such material. As used in this 25 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 26 summaries, and any other format reproducing or capturing any of the Protected 27 Material. Whether the Protected Material is returned or destroyed, the Receiving Party S Sc tih pr ua ln at tz io - n and 28 must submit a written certification to the Producing Party (and, if not the same person 1 or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by 2 category, where appropriate) all the Protected Material that was returned or destroyed 3 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 4 compilations, summaries or any other format reproducing or capturing any of the 5 Protected Material. 6 Notwithstanding this provision, Counsel are entitled to retain an archival copy 7 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 8 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 9 work product, and consultant and expert work product, even if such materials contain 10 Protected Material. Any such archival copies that contain or constitute Protected 11 Material remain subject to this Protective Order as set forth in Section 6 12 (DURATION). 13 XVI. VIOLATION 14 Any violation of this Order may be punished by appropriate measures including, 15 without limitation, contempt proceedings and/or monetary sanctions. 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: 17 18 DATED: August 9, 2021 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 19 20 21 By: /s/ Sarah Christenson Mark F. Lovell 22 Sarah Christenson Attorneys for Defendants 23 EnerSys Delaware, Inc., and EnerSys Advanced Systems, Inc. 24 25 26 27 Schrantz - Stipulation and 28 1 DATED: August 9, 2021 SESSIONS & KIMBALL LLP 2 3 4 By: /s/ Samuel Nielson Samuel P. Nielson 5 Attomeys for Plaintiff Kevin Schrantz 6 . Pursuant to Local Rule 5-4.3.4(2), the filer attests that all signatories listed, 7 Lo. . . . and on whose behalf the filing is submitted, concurs tn the filing’s content and have authorized the filing. 9 10 1] PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS 12 SO ORDERED. 13 14 15 DATED: August 9, 2021 16 + Hon. Douglas F. McCormick 18 United States Magistrate Judge 19 20 21 22 23 24 25 26 27 and 28 14 Cace No 8-91_NN948 TLS (DEMy

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 perjury that 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 Schrantz v. EnerSys Delaware, Inc., and EnerSys Advanced 8 Systems, Inc., Case No. 8:21-00248 JLS (DFMx) (“Action”). I agree to comply with 9 and to be bound by all the terms of this Stipulated Protective Order and I understand 10 and acknowledge that failure to so comply could expose me to sanctions and 11 punishment in the nature of contempt. I solemnly promise that I will not disclose in 12 any manner any Protected Material 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. 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. 18 I declare under penalty of perjury under the laws of the United States that the 19 foregoing is true and correct. 20 I hereby appoint __________________________ [print or type full name] of 21 ____________________________ [print or type full address and telephone number] 22 as my California agent for service of process in connection with this action or any 23 proceedings related to enforcement of this Stipulated Protective Order. 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 Printed name: _________________________________ 27 Signature: _________________________________ Schrantz - Stipulation and 28 1 PROOF OF SERVICE 2 Kevin Schrantz v. EnerSys Delaware, Inc., et al. Case No. 8:21-00248 JLS (DFMx) 3 I am and was at all times herein mentioned over the age of 18 years and not a 4 party to the action in which this service is made. At all times herein mentioned I have been employed in the County of Orange in the office of a member of the bar of this 5 court at whose direction the service was made. My business address is 695 Town Center Drive, Suite 1500, Costa Mesa, CA 92626. 6 On August 10, 2021, I served the following document(s): 7 STIPULATION AND PROPOSED PROTECTIVE ORDER 8

by placing ☐ (the original) ☒ (a true copy thereof) in a sealed envelope addressed as 9 follows: 10 ☐ BY MAIL: I placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of Ogletree, 11 Deakins, Nash, Smoak & Stewart P.C.’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for 12 collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 13 ☐ BY MAIL: I deposited the sealed envelope with the United States Postal 14 Service, with the postage fully prepaid at Park Tower, Fifteenth Floor, 695 Town Center Drive, Costa Mesa, CA 92626. 15 ☐ BY OVERNIGHT DELIVERY: I placed the sealed envelope(s) or package(s) 16 designated by the express service carrier for collection and overnight delivery by following the ordinary business practices of Ogletree, Deakins, Nash, Smoak 17 & Stewart P.C., Costa Mesa, California. I am readily familiar with Ogletree, Deakins, Nash, Smoak & Stewart P.C.’s practice for collecting and processing 18 of correspondence for overnight delivery, said practice being that, in the ordinary course of business, correspondence for overnight delivery is deposited 19 with delivery fees paid or provided for at the carrier’s express service offices for next-day delivery. 20 ☐ BY MESSENGER SERVICE: (1) For a party represented by an attorney, 21 delivery was made to the attorney or at the attorney’s office by leaving the documents in an envelope or package clearly labeled to identify the attorney 22 being served with a receptionist or an individual in charge of the office. (2) For a party, delivery was made to the party or by leaving the documents at the 23 party’s residence with some person not less than 18 years of age between the hours of eight in the morning and six in the evening. 24 ☐ BY FACSIMILE: by transmitting a facsimile transmission a copy of said 25 document(s) to the following addressee(s) at the following number(s), in accordance with: 26 ☐ the written confirmation of counsel in this action: 27 ☐ [Federal Court] the written confirmation of counsel in this action Schrantz - and order of the court: Stipulation and 28 1 BY CM/ECF: With the Clerk of the United States District Court of California, using the CM/ECF System. The Court’s CM/ECF System will send an e-mail 2 notification of the foregoing Hling to the parties and counsel of record who are registered with the Court’s CM/ECF System. 3 (Federal) I declare that [am employed in the office of a member of the State 4 Bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States 5 of America that the above is true and correct. 6]/L] (Federal) I declare that lama member of the State Bar of this Court at whose direction the service was made. | declare under penalty of perjury 7 under the laws of the United States of America that the above is true and correct. 8 I declare under penalty of perjury under the laws of the United States of America 9 || that the above is true and correct. 10 Executed on August 10, 2021, at Costa Mesa, California. 1] 12

14 15 Lisa Sles 16 17 18 19 20 21 22 23 24 25 26 27 and 28 12 Cace No 8-91_NN948 TLS (DEMy

1 SERVICE LIST

2 3 Samuel P. Nielson, Esq. Attorneys for Plaintiff SESSIONS & KIMBALL LLP Kevin Schrantz 4 23456 Madero, Suite 170 Mission Viejo, CA 92691 5 Telephone: 949-380-0900 Facsimile: 949-380-8283 6 [email protected]

7

8

47857463.1 9

10 47937330.1 11

12 48079946.1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Schrantz - Stipulation and 28