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1 || DANIEL M. CISLO (SBN 124378) [email protected] ? || KATHERINE M. BOND (SBN 263020) 3 [email protected] CISLO & THOMAS LLP 4 || 12100 Wilshire Blvd., Ste. 1700 Los Angeles, CA 92029 ° || Telephone: (310) 979-9190 6 Attorneys for Defendant/ Counterclaimant 7 ETN CAPITAL, LLC d/b/a BEECH LANE

8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA

10 “ lS & B FILTERS, INC., Case No.: 5:21-cv—01840-JGB-KKx 1 || Plaintiff [Assigned to the Hon. Jesus G. Bernal] 13 V. Complaint Filed: November 1, 2021 1 ‘ Beh vice oe {PROPOSED} ORDER ENTERING 15 || Pctencant/Counterelaimant. STIPULATED PROTECTIVE ORDER 16 17 18 19 Pursuant to Ruel 26(c) of the Federal Rules of Civil Procedure, Local Rule

20 || 79-5 and the Court’s publicly available Procedures and Schedules, the Court, 21 || having considered the Stipulation for Entry of the Protective Order filed by the 22 Parties, finds: 23 I. PURPOSES AND LIMITATIONS 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 1

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1 A. Discovery in this action is likely to involve production of 2 confidential, proprietary, or private information for which special protection from 3 public disclosure and from use for any purpose other than prosecuting this 4 litigation may be warranted. Accordingly, the parties hereby stipulate to and 5 petition the Court to enter the following Stipulated Protective Order. The parties 6 7 acknowledge that this Order does not confer blanket protections on all disclosures 8 or responses to discovery and that the protection it affords from public disclosure 9 and use extends only to the limited information or items that are entitled to 10 confidential treatment under the applicable legal principles. The parties further 11 acknowledge, as set forth in Section XIII(C), below, that this Stipulated Protective 12 13 Order does not entitle them to file confidential information under seal; Civil Local 14 Rule 79-5 sets forth the procedures that must be followed and the standards that 15 will be applied when a party seeks permission from the Court to file material 16 under seal. 17 II. GOOD CAUSE STATEMENT 18 A. This action is likely to involve trade secrets, customer and pricing 19 20 lists and other valuable research, development, commercial, financial, technical 21 and/or proprietary information for which special protection from public disclosure 22 and from use for any purpose other than prosecution of this action is warranted. 23 Such confidential and proprietary materials and information consist of, among 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 2 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 3 of 27 Page ID #:431

1 other things, confidential business or financial information, information regarding 2 confidential business practices, or other confidential research, development, or 3 commercial information (including information implicating privacy rights of third 4 parties), information otherwise generally unavailable to the public, or which may 5 be privileged or otherwise protected from disclosure under state or federal 6 7 statutes, court rules, case decisions, or common law. Accordingly, to expedite the 8 flow of information, to facilitate the prompt resolution of disputes over 9 confidentiality of discovery materials, to adequately protect information the 10 parties are entitled to keep confidential, to ensure that the parties are permitted 11 reasonable necessary uses of such material in preparation for and in the conduct of 12 13 trial, to address their handling at the end of the litigation, and serve the ends of 14 justice, a protective order for such information is justified in this matter. It is the 15 intent of the parties that information will not be designated as confidential for 16 tactical reasons and that nothing be so designated without a good faith belief that 17 it has been maintained in a confidential, non-public manner, and there is good 18 cause why it should not be part of the public record of this case. 19 20 III. DEFINITIONS 21 A. Action: This pending federal lawsuit. 22 B. Challenging Party: A Party or Non-Party that challenges the 23 designation of information or items under this Order. 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 3 ase 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 4of27 Page ID #:432

1 C. “CONFIDENTIAL” Information or Items: Information (regardless > || of how it is generated, stored or maintained) or tangible things that qualify for ° protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement.

6 D. “SCONFIDENTIAL-ATTORNEYS EYES ONLY” Information or

7 Items: Information (regardless of how it is generated, stored or maintained) or 8 || tangible things that qualify for protection under Federal Rule of Civil Procedure ? 26(c), and as specified above in the Good Cause Statement, and that the Producing Party claims in good faith constitutes confidential financial information of an 11 individual, trade secrets, confidential financial or business plans and strategies, or

13 || other highly sensitive, personal or proprictary information that may cause 14 || competitive, commercial or financial injury if disclosed beyond the limited ‘5 || disclosure allowed as described in paragraph VIII. B and C., below. re E. Counsel: Outside Counsel of Record and In-House Counsel (as well . as their support staff).

19 F. Designating Party: A Party or Non-Party that designates information

20 |} or items that it produces in disclosures or in responses to discovery as 21 || ““CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS EYES ONLY” 22 G. Disclosure or Discovery Material: All items or information, ~ regardless of the medium or manner in which it is generated, stored, or maintained 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 4

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1 |} Gncluding, among other things, testimony, transcripts, and tangible things), that > Ilare produced or generated in disclosures or responses to discovery in this matter. ° H. — Expert: A person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to

6 || Serve as an expert witness or as a consultant in this Action.

7 I. In-House Counsel: Attorneys who are employees of a party to this 8 || Action. In-House Counsel does not include Outside Counsel of Record or any ? | other outside counsel. 10 J. Non-Party: Any natural person, partnership, corporation, association, 11 wo || other legal entity not named as a Party to this action.

13 K. Qutside Counsel of Record: Attorneys who are not employees of a 14 || party to this Action but are retained to represent or advise a party to this Action |! and have appeared in this Action on behalf of that party or are affiliated with a law re firm which has appeared on behalf of that party, and includes support staff. 1 . L. Party: Any party to this Action, including all of its officers, directors,

19 employees, consultants, retained experts, and Outside Counsel of Record (and 20 || their support staffs). el M. Producing Party: A Party or Non-Party that produces Disclosure or 22 Discovery Material in this Action. 23 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 5

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1 N. Professional Vendors: Persons or entities that provide litigation 2 support services (e.g., photocopying, videotaping, translating, preparing exhibits 3 or demonstrations, and organizing, storing, or retrieving data in any form or 4 medium) and their employees and subcontractors. 5 O. Protected Material: Any Disclosure or Discovery Material that is 6 7 designated as “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS EYES 8 ONLY” 9 P. Receiving Party: A Party that receives Disclosure or Discovery 10 Material from a Producing Party. 11 IV. SCOPE 12 13 A. The protections conferred by this Stipulation and Order cover not 14 only Protected Material (as defined above), but also (1) any information copied or 15 extracted from Protected Material; (2) all copies, excerpts, summaries, or 16 compilations of Protected Material; and (3) any testimony, conversations, or 17 presentations by Parties or their Counsel that might reveal Protected Material. 18 B. Any use of Protected Material at trial shall be governed by the orders 19 20 of the trial judge. This Order does not govern the use of Protected Material at trial. 21 V. DURATION 22 A. Once a case proceeds to trial, all of the information that is introduced 23 at trial as evidence that was designated as confidential or maintained pursuant to 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 6 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 7 of 27 Page ID #:435

1 this Protective Order becomes public by its introduction into evidence and will be 2 presumptively available to all members of the public, including the press, unless 3 compelling reasons supported by specific factual findings to proceed otherwise are 4 made to the trial judge in advance of the trial. See Kamakana v. City and County 5 of Honolulu,

(9th Cir. 2006) (distinguishing “good cause” 6 7 showing for sealing documents produced in discovery from “compelling reasons” 8 standard when merits-related documents are part of court record). For information 9 and documents not introduced at trial, even after final disposition of this litigation, 10 the confidentiality obligations imposed by this Order shall remain in effect until a 11 Designating Party agrees otherwise in writing or a court order otherwise directs. 12 13 Final disposition shall be deemed to be the later of (1) dismissal of all claims and 14 defenses in this Action, with or without prejudice; and (2) final judgment herein 15 after the completion and exhaustion of all appeals, rehearings, remands, trials, or 16 reviews of this Action, including the time limits for filing any motions or 17 applications for extension of time pursuant to applicable law. 18 VI. DESIGNATING PROTECTED MATERIAL 19 20 A. Exercise of Restraint and Care in Designating Material for Protection 21 1. Each Party or Non-Party that designates information or items 22 for protection under this Order must take care to limit any such designation 23 to specific material that qualifies under the appropriate standards. The 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 7 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 8 of 27 Page ID #:436

1 Designating Party must designate for protection only those parts of 2 material, documents, items, or oral or written communications that qualify 3 so that other portions of the material, documents, items, or communications 4 for which protection is not warranted are not swept unjustifiably within the 5 ambit of this Order. 6 7 2. Mass, indiscriminate, or routinized designations are prohibited. 8 Designations that are shown to be clearly unjustified or that have been 9 made for an improper purpose (e.g., to unnecessarily encumber the case 10 development process or to impose unnecessary expenses and burdens on 11 other parties) may expose the Designating Party to sanctions. 12 13 3. If it comes to a Designating Party’s attention that information 14 or items that it designated for protection do not qualify for protection, that 15 Designating Party must promptly notify all other Parties that it is 16 withdrawing the inapplicable designation. 17 B. Manner and Timing of Designations 18 1. Except as otherwise provided in this Order (see, e.g., Section 19 20 B(2) below), or as otherwise stipulated or ordered, Disclosure or Discovery 21 Material that qualifies for protection under this Order must be clearly so 22 designated before the material is disclosed or produced. 23 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 8 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 9 of 27 Page ID #:437

1 2. Designation in conformity with this Order requires the 2 following: 3 a. For information in documentary form (e.g., paper 4 or electronic documents, but excluding transcripts of 5 depositions or other pretrial or trial proceedings), that the 6 7 Producing Party affix at a minimum, the legend 8 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) 9 or “CONFIDENTIAL-ATTORNEYS EYES ONLY” 10 (hereinafter “CONFIDENTIAL-ATTORNEYS EYES ONLY 11 legend”), to each page that contains protected material. If only 12 13 a portion or portions of the material on a page qualifies for 14 protection, the Producing Party also must clearly identify the 15 protected portion(s) (e.g., by making appropriate markings in 16 the margins). 17 b. A Party or Non-Party that makes original 18 documents available for inspection need not designate them for 19 20 protection until after the inspecting Party has indicated which 21 documents it would like copied and produced. During the 22 inspection and before the designation, all of the material made 23 available for inspection shall be deemed “CONFIDENTIAL.” 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 9 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 10 of 27 Page ID #:438

1 After the inspecting Party has identified the documents it 2 wants copied and produced, the Producing Party must 3 determine which documents, or portions thereof, qualify for 4 protection under this Order. Then, before producing the 5 specified documents, the Producing Party must affix the 6 7 “CONFIDENTIAL legend” or “CONFIDENTIAL- 8 ATTORNEYS EYES ONLY legend” to each page that 9 contains Protected Material. If only a portion or portions of 10 the material on a page qualifies for protection, the Producing 11 Party also must clearly identify the protected portion(s) (e.g., 12 13 by making appropriate markings in the margins). 14 c. For testimony given in depositions, that the 15 Designating Party identify the Disclosure or Discovery 16 Material on the record, before the close of the deposition all 17 protected testimony. 18 d. For information produced in form other than 19 20 document and for any other tangible items, that the Producing 21 Party affix in a prominent place on the exterior of the container 22 or containers in which the information is stored the legend 23 “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 10 se 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page1lof27 Page ID #:4B9

1 EYES ONLY.” If only a portion or portions of the information 2 warrants protection, the Producing Party, to the extent practicable, shall identify the protected portion(s). C. Inadvertent Failure to Designate 6 1. If timely corrected, an inadvertent failure to designate qualified 7 information or items does not, standing alone, waive the Designating 8 Party’s right to secure protection under this Order for such material. Upon ? timely correction of a designation, the Receiving Party must make 10 reasonable efforts to assure that the material is treated in accordance with 11 the provisions of this Order.

13 || VI. CHALLENGING CONFIDENTIALITY DESIGNATIONS 14 A. — Timing of Challenges 15 1. Any party or Non-Party may challenge a designation of 16 confidentiality at any time that is consistent with the Court’s Scheduling 17 Order. 18 19 B. Meet and Confer

20 1. The Challenging Party shall initiate the dispute resolution at process under Local Rule 37.1 and 37.2 (including the Joint Stipulation 22 requirement). 23 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 11

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1 C. The burden of persuasion in any such challenge proceeding shall be 2 on the Designating Party. Frivolous challenges, and those made for an improper 3 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 4 parties) may expose the Challenging Party to sanctions. Unless the Designating 5 Party has waived or withdrawn the confidentiality designation, all parties shall 6 7 continue to afford the material in question the level of protection to which it is 8 entitled under the Producing Party’s designation until the Court rules on the 9 challenge. 10 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 11 A. Basic Principles 12 13 1. A Receiving Party may use Protected Material that is disclosed 14 or produced by another Party or by a Non-Party in connection with this 15 Action only for prosecuting, defending, or attempting to settle this Action. 16 Such Protected Material may be disclosed only to the categories of persons 17 and under the conditions described in this Order. When the Action has 18 been terminated, a Receiving Party must comply with the provisions of 19 20 Section XIV below. 21 2. Protected Material must be stored and maintained by a 22 Receiving Party at a location and in a secure manner that ensures that 23 access is limited to the persons authorized under this Order. 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 12 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 13 of 27 Page ID #:441

1 B. Disclosure of “CONFIDENTIAL” Information or Items 2 1. Unless otherwise ordered by the Court or permitted in writing 3 by the Designating Party, a Receiving Party may disclose any information 4 or item designated “CONFIDENTIAL” only to: 5 a. The Receiving Party’s Outside Counsel of Record 6 7 in this Action, as well as employees of said Outside Counsel of 8 Record to whom it is reasonably necessary to disclose the 9 information for this Action; 10 b. The officers, directors, and employees (including 11 House Counsel) of the Receiving Party to whom disclosure is 12 13 reasonably necessary for this Action; 14 c. Experts (as defined in this Order) of the Receiving 15 Party to whom disclosure is reasonably necessary for this 16 Action and who have signed the “Acknowledgment and 17 Agreement to Be Bound” (Exhibit A); 18 d. The Court and its personnel; 19 20 e. Court reporters and their staff; 21 f. Professional jury or trial consultants, mock jurors, 22 and Professional Vendors to whom disclosure is reasonably 23 necessary or this Action and who have signed the 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 13 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 14 of 27 Page ID #:442

1 “Acknowledgment and Agreement to be Bound” attached as 2 Exhibit A hereto; 3 g. The author or recipient of a document containing 4 the information or a custodian or other person who otherwise 5 possessed or knew the information; 6 7 h. During their depositions, witnesses, and attorneys 8 for witnesses, in the Action to whom disclosure is reasonably 9 necessary provided: (i) the deposing party requests that the 10 witness sign the “Acknowledgment and Agreement to Be 11 Bound;” and (ii) they will not be permitted to keep any 12 13 confidential information unless they sign the 14 “Acknowledgment and Agreement to Be Bound,” unless 15 otherwise agreed by the Designating Party or ordered by the 16 Court. Pages of transcribed deposition testimony or exhibits to 17 depositions that reveal Protected Material may be separately 18 bound by the court reporter and may not be disclosed to 19 20 anyone except as permitted under this Stipulated Protective 21 Order; and 22 23 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 14 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 15 of 27 Page ID #:443

1 i. Any mediator or settlement officer, and their 2 supporting personnel, mutually agreed upon by any of the 3 parties engaged in settlement discussions. 4 C. Disclosure of “CONFIDENTIAL-ATTORNEYS EYES ONLY”” 5 Information or Items 6 7 1. Unless otherwise ordered by the Court or permitted in writing 8 by the Designating Party, a Receiving Party may disclose any information 9 or item designated “CONFIDENTIAL-ATTORNEYS EYES ONLY” only 10 to: 11 a. The Receiving Party’s Outside Counsel of Record 12 13 in this Action, as well as employees of said Outside Counsel of 14 Record to whom it is reasonably necessary to disclose the 15 information for this Action; 16 b. Experts (as defined in this Order) of the Receiving 17 Party to whom disclosure is reasonably necessary for this 18 Action and who have signed the “Acknowledgment and 19 20 Agreement to Be Bound” (Exhibit A); 21 c. The Court and its personnel; 22 d. Court reporters and their staff; 23 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 15 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 16 of 27 Page ID #:444

1 e. Professional jury or trial consultants, mock jurors, 2 and Professional Vendors to whom disclosure is reasonably 3 necessary or this Action and who have signed the 4 “Acknowledgment and Agreement to be Bound” attached as 5 Exhibit A hereto; 6 7 f. The author or recipient of a document containing 8 the information or a custodian or other person who otherwise 9 possessed or knew the information; 10 g. During their depositions, witnesses, and attorneys 11 for witnesses, in the Action to whom disclosure is reasonably 12 13 necessary provided: (i) the deposing party requests that the 14 witness sign the “Acknowledgment and Agreement to Be 15 Bound;” and (ii) they will not be permitted to keep any 16 confidential information unless they sign the 17 “Acknowledgment and Agreement to Be Bound,” unless 18 otherwise agreed by the Designating Party or ordered by the 19 20 Court. Pages of transcribed deposition testimony or exhibits to 21 depositions that reveal Protected Material may be separately 22 bound by the court reporter and may not be disclosed to 23 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 16 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 17 of 27 Page ID #:445

1 anyone except as permitted under this Stipulated Protective 2 Order; and 3 h. Any mediator or settlement officer, and their 4 supporting personnel, mutually agreed upon by any of the 5 parties engaged in settlement discussions. 6 7 IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 8 A. If a Party is served with a subpoena or a court order issued in other 9 10 litigation that compels disclosure of any information or items designated in this 11 Action as “CONFIDENTIAL,” or “CONFIDENTIAL-ATTORNEYS EYES 12 ONLY” that Party must: 13 1. Promptly notify in writing the Designating Party. Such 14 notification shall include a copy of the subpoena or court order; 15 2. Promptly notify in writing the party who caused the subpoena 16 17 or order to issue in the other litigation that some or all of the material 18 covered by the subpoena or order is subject to this Protective Order. Such 19 notification shall include a copy of this Stipulated Protective Order; and 20 3. Cooperate with respect to all reasonable procedures sought to 21 be pursued by the Designating Party whose Protected Material may be 22 23 affected. 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 17 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 18 of 27 Page ID #:446

1 B. If the Designating Party timely seeks a protective order, the Party 2 served with the subpoena or court order shall not produce any information 3 designated in this action as “CONFIDENTIAL” or “CONFIDENTIAL- ATTORNEYS EYES ONLY” before a determination by the Court from which the 4 subpoena or order issued, unless the Party has obtained the Designating Party’s 5 permission. The Designating Party shall bear the burden and expense of seeking 6 protection in that court of its confidential material and nothing in these provisions 7 should be construed as authorizing or encouraging a Receiving Party in this 8 Action to disobey a lawful directive from another court. C. Nothing in this protective order shall be construed as authorizing or 9 encouraging a party to disobey a lawful subpoena or court order issued in another 10 action. 11

12 X. A NON-PARTY’S PROTECTED MATERIAL 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” or 16 “CONFIDENTIAL-ATTORNEYS EYES ONLY” Such information produced by 17 Non-Parties in connection with this litigation is protected by the remedies and 18 19 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 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 18 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 19 of 27 Page ID #:447

1 subject to an agreement with the Non-Party not to produce the Non-Party’s 2 confidential information, then the Party shall: 3 1. Promptly notify in writing the Requesting Party and the 4 Non-Party that some or all of the information requested is subject to a 5 confidentiality agreement with a Non-Party; 6 7 2. Promptly provide the Non-Party with a copy of the 8 Stipulated Protective Order in this Action, the relevant discovery 9 request(s), and a reasonably specific description of the information 10 requested; and 11 3. Make the information requested available for inspection 12 13 by the Non-Party, if requested. 14 C. If the Non-Party fails to seek a protective order from this court within 15 14 days of receiving the notice and accompanying information, the Receiving 16 Party may produce the Non-Party’s confidential information responsive to the 17 discovery request. If the Non-Party timely seeks a protective order, the Receiving 18 Party shall not produce any information in its possession or control that is subject 19 20 to the confidentiality agreement with the Non-Party before a determination by the 21 court. Absent a court order to the contrary, the Non-Party shall bear the burden 22 and expense of seeking protection in this court of its Protected Material. 23 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 19 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 20 of 27 Page ID #:448

1 A. If a Receiving Party learns that, by inadvertence or otherwise, it has 2 disclosed Protected Material to any person or in any circumstance not authorized 3 under this Stipulated Protective Order, the Receiving Party must immediately (1) 4 notify in writing the Designating Party of the unauthorized disclosures, (2) use its 5 best efforts to retrieve all unauthorized copies of the Protected Material, (3) 6 7 inform the person or persons to whom unauthorized disclosures were made of all 8 the terms of this Order, and (4) request such person or persons to execute the 9 “Acknowledgment and Agreement to be Bound” that is attached hereto as Exhibit

XII. INADVERTENT PRODUCTION OF PRIVILEGED OR 12 OTHERWISE PROTECTED MATERIAL 13 A. When a Producing Party gives notice to Receiving Parties that certain 14 inadvertently produced material is subject to a claim of privilege or other 15 protection, the obligations of the Receiving Parties are those set forth in Federal 16 17 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 18 whatever procedure may be established in an e-discovery order that provides for 19 production without prior privilege review. Pursuant to Federal Rule of Evidence 20 502(d) and (e), insofar as the parties reach an agreement on the effect of 21 disclosure of a communication or information covered by the attorney-client 22 23 privilege or work product protection, the parties may incorporate their agreement 24 in the Stipulated Protective Order submitted to the Court. [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 20 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 21 of 27 Page ID #:449

1 XIII. MISCELLANEOUS 2 A. Right to Further Relief 3 1. Nothing in this Order abridges the right of any person to seek 4 its modification by the Court in the future. 5 B. Right to Assert Other Objections 6 7 1. By stipulating to the entry of this Protective Order, no Party 8 waives any right it otherwise would have to object to disclosing or 9 producing any information or item on any ground not addressed in this 10 Stipulated Protective Order. Similarly, no Party waives any right to object 11 on any ground to use in evidence of any of the material covered by this 12 13 Protective Order. 14 C. Filing Protected Material 15 1. A Party that seeks to file under seal any Protected Material 16 must comply with Civil Local Rule 79-5. Protected Material may only be 17 filed under seal pursuant to a court order authorizing the sealing of the 18 specific Protected Material at issue. If a Party's request to file Protected 19 20 Material under seal is denied by the Court, then the Receiving Party may 21 file the information in the public record unless otherwise instructed by the 22 Court. 23 XIV. FINAL DISPOSITION 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 21 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 22 of 27 Page ID #:450

1 A. After the final disposition of this Action, as defined in Section V, 2 within sixty (60) days of a written request by the Designating Party, each 3 Receiving Party must return all Protected Material to the Producing Party or 4 destroy such material. As used in this subdivision, “all Protected Material” 5 includes all copies, abstracts, compilations, summaries, and any other format 6 7 reproducing or capturing any of the Protected Material. Whether the Protected 8 Material is returned or destroyed, the Receiving Party must submit a written 9 certification to the Producing Party (and, if not the same person or entity, to the 10 Designating Party) by the 60 day deadline that (1) identifies (by category, where 11 appropriate) all the Protected Material that was returned or destroyed and (2) 12 13 affirms that the Receiving Party has not retained any copies, abstracts, 14 compilations, summaries or any other format reproducing or capturing any of the 15 Protected Material. Notwithstanding this provision, Counsel are entitled to retain 16 an archival copy of all pleadings, motion papers, trial, deposition, and hearing 17 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 18 reports, attorney work product, and consultant and expert work product, even if 19 20 such materials contain Protected Material. Any such archival copies that contain 21 or constitute Protected Material remain subject to this Protective Order as set forth 22 in Section V. 23 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 22 se 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 23 0f27 Page ID #:451

1 B. — Any violation of this Order may be punished by any and all 2 appropriate measures including, without limitation, contempt proceedings and/or monetary sanctions. 5 7 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 9 Dated: June 30, 2022 CISLO & THOMAS LLP 10 By:_/s/ Daniel M. Cislo 11 DANIEL M. CISLO (SBN 125378) b [email protected] KATHERINE M. BOND (SBN 263020) 13 [email protected] 12100 Wilshire Blvd., Ste. 1700 14 Los Angeles, CA 90025 1s Telephone: (310) 979-9190

16 COATS + BENNETT PLLC

17 By:_/s/ Gavin B. Parsons GAVIN B. PARSONS (Admitted pro hac vice) 18 [email protected] 19 DAVID E. BENNETT (Admitted pro hac vice) [email protected] 20 DAVID D. KALISH (Admitted pro hac vice) [email protected] 21 1400 Crescent Green, Suite 300 99 Cary, North Carolina 27518 Telephone: (919) 854-1844 23 Attorneys for Defendant D4 ETN CAPITAL, LLC d/b/a BEECH LANE

[PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 23

se 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 24 of 27 Page ID #:452 MICHELMAN & ROBINSON, LLP 3 By:_Jeffrey D. Farrow (with permission) JEFFREY D. FARROW (SBN 180019) 4 [email protected] 17901 Von Karman Ave., St 1000 5 Irvine, CA 92614 6 Telephone: (714) 557-7990 Facsimile: (714) 557-7991 By: Timothy J. Gorry (with permission) 8 TIMOTHY J. GoRRY (SBN 143797) 9 [email protected] 10880 Wilshire Blvd.,19th Floor 10 Los Angeles, CA 90024 Telephone: (310) 299-5500 11 Facsimile: (310) 299-5600 we Attorneys for Plaintiff 13 S&B FILTERS, INC. 14 15 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

1 aly Dated:__ July 5, 2022 17 HONORABLE KENLY KIYA KATO 9 United States Magistrate Judge 1 19 20 21 22 23 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 24

se 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 25o0f27 Page ID #:453

1 EXHIBIT A > ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

° I, [print or type full name], of [print or type full address], declare under penalty of perjury

6 || that I have read in its entirety and understand the Stipulated Protective Order that

7 || was issue by the United States District Court for the Central District of California 8 |! on [DATE] in the case of [insert formal name of ? the case and the number and initials assigned to it by the Court]. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order 11 and I understand and acknowledge that failure to so comply could expose me to

13 || Sanctions and punishment in the nature of contempt. I solemnly promise that I 14 || will not disclose in any manner any information or item that is subject to this 15 Stipulated Protective Order to any person or entity except in strict compliance re with the provisions of this Order. . I further agree to submit to the jurisdiction of the United States District

19 Court for the Central District of California for the purpose of enforcing the terms

20 || of this Stipulated Protective Order, even if such enforcement proceedings occur 21 |! after termination of this action. I hereby appoint 22 [print or type full name] of [print or type full ~ address and telephone number] as my California agent for service of process in 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 25

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1 connection with this action or any proceedings related to enforcement of this 2 Stipulated Protective Order. 3 Date: 4 City and State where sworn and signed: 5 Printed Name: 6 7 Signature: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 26 Case 5:21-cv-01840-JGB-KK Document 53 Filed 07/05/22 Page 27 of 27 Page ID #:455

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19 20 21 22 23 24 [PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER 27