Case 2:22-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 1 of 19 Page ID #:276

1

2 3 4 5 6 7

8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 3C ENGINEERING, INC., a California ) CASE NO. 2:22-CV-01395-SB- corporation, ) RAO 11 ) Plaintiff, ) Judge: Hon. Stanley Blumenfeld, Jr 12 ) Magistrate Judge: Hon. Rozella A. v. Oliver ) 13 ) CENTRAL COAST COMMUNITY STIPULATED PROTECTIVE 14 ENERGY, a business entity form ) ORDER 1 unknown, and DOES 1 through 10, ) 15 inclusive, ) ) 16 Defendants. ) Complaint filed: March 1, 2022 ) 17 )

18 19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, 21 proprietary or private information for which special protection from public 22 disclosure and from use for any purpose other than prosecuting this litigation may 23 be warranted. Accordingly, the parties hereby stipulate to and petition the Court 24 to enter the following Stipulated Protective Order. The parties acknowledge that 25 this Order does not confer blanket protections on all disclosures or responses to 26 discovery and that the protection it affords from public disclosure and use extends 27 1 This Stipulated Protective Order is substantially based on the model protective 28 order provided under Magistrate Judge Rozella A. Oliver’s Procedures. -1- STIPULATED PROTECTIVE ORDER Case 2:22-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 2 of 19 Page ID #:277

1 only to the limited information or items that are entitled to confidential treatment 2 under the applicable legal principles. 3 1.1 GOOD CAUSE STATEMENT 4 This action is likely to involve customer and pricing lists and other valuable 5 research, development, commercial, financial, technical and/or proprietary 6 information for which special protection from public disclosure and from use for 7 any purpose other than prosecution of this action is warranted. Such confidential 8 and proprietary materials and information consist of, among other things, 9 confidential business or financial information, information regarding confidential 10 business practices, or other confidential research, development, or commercial 11 information (including information implicating privacy rights of third parties), 12 information otherwise generally unavailable to the public, or which may be 13 privileged or otherwise protected from disclosure under state or federal statutes, 14 court rules, case decisions, or common law. Accordingly, to expedite the flow of 15 information, to facilitate the prompt resolution of disputes over confidentiality of 16 discovery materials, to adequately protect information the parties are entitled to 17 keep confidential, to ensure that the parties are permitted reasonable necessary 18 uses of such material in preparation for and in the conduct of trial, to address their 19 handling at the end of the litigation, and serve the ends of justice, a protective order 20 for such information is justified in this matter. It is the intent of the parties that 21 information will not be designated as confidential for tactical reasons and that 22 nothing be so designated without a good faith belief that it has been maintained in 23 a confidential, non-public manner, and there is good cause why it should not be 24 part of the public record of this case. 25 /// 26 /// 27 /// 28 /// -2- STIPULATED PROTECTIVE ORDER Case 2:22-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 3 of 19 Page ID #:278

1 1.2 ACKNOWLEDGMENT OF PROCEDURE FOR FILING 2 UNDER SEAL 3 The parties further acknowledge, as set forth in Section 12.3, below, that 4 this Stipulated Protective Order does not entitle them to file confidential 5 information under seal; Local Civil Rule 79-5 sets forth the procedures that must 6 be followed and the standards that will be applied when a party seeks permission 7 from the court to file material under seal. 8 There is a strong presumption that the public has a right of access to judicial 9 proceedings and records in civil cases. In connection with non-dispositive 10 motions, good cause must be shown to support a filing under seal. See Kamakana 11 v. City and County of Honolulu,

(9th Cir. 2006); Phillips v. 12 Gen. Motors Corp.,

, 1210-11 (9th Cir. 2002); Makar-Welbon v. 13 Sony Electrics, Inc.,

(E.D. Wis. 1999) (even stipulated 14 protective orders require good cause showing), and a specific showing of good 15 cause or compelling reasons with proper evidentiary support and legal 16 justification, must be made with respect to Protected Material that a party seeks to 17 file under seal. The parties’ mere designation of Disclosure or Discovery Material 18 as CONFIDENTIAL does not—without the submission of competent evidence by 19 declaration, establishing that the material sought to be filed under seal qualifies as 20 confidential, privileged, or otherwise protectable—constitute good cause. 21 Further, if a party requests sealing related to a dispositive motion or trial, 22 then compelling reasons, not only good cause, for the sealing must be shown, and 23 the relief sought shall be narrowly tailored to serve the specific interest to be 24 protected. See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 25 2010). For each item or type of information, document, or thing sought to be filed 26 or introduced under seal in connection with a dispositive motion or trial, the party 27 seeking protection must articulate compelling reasons, supported by specific facts 28 and legal justification, for the requested sealing order. Again, competent evidence -3- STIPULATED PROTECTIVE ORDER Case 2:22-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 4 of 19 Page ID #:279

1 supporting the application to file documents under seal must be provided by 2 declaration. 3 Any document that is not confidential, privileged, or otherwise protectable 4 in its entirety will not be filed under seal if the confidential portions can be 5 redacted. If documents can be redacted, then a redacted version for public 6 viewing, omitting only the confidential, privileged, or otherwise protectable 7 portions of the document shall be filed. Any application that seeks to file 8 documents under seal in their entirety should include an explanation of why 9 redaction is not feasible. 10 2. DEFINITIONS 11 Action: this pending federal lawsuit, 3C Engineering Inc. v. Central Coast 12 Community Energy, United States District Court, Central District of California, 13 Case No. 2:22-CV-01395-SB-RAO. 14 Challenging Party: a Party or Non-Party that challenges the designation of 15 information or items under this Order. 16 “CONFIDENTIAL” Information or Items: information (regardless of how 17 it is generated, stored or maintained) or tangible things that qualify for protection 18 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 19 Cause Statement. 20 Counsel: Outside Counsel of Record and House Counsel (as well as their 21 support staff). 22 Designating Party: a Party or Non-Party that designates information or 23 items that it produces in disclosures or in responses to discovery as 24 “CONFIDENTIAL.” 25 Disclosure or Discovery Material: all items or information, regardless of 26 the medium or manner in which it is generated, stored, or maintained (including, 27 among other things, testimony, transcripts, and tangible things) that are produced 28 or generated in disclosures or responses to discovery in this matter. -4- STIPULATED PROTECTIVE ORDER Case 2:22-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 5 of 19 Page ID #:280

1 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve 3 as an expert witness or as a consultant in this Action. 4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 5 Information or Items: extremely sensitive “Confidential Information or Items,” 6 disclosure of which to another Party or Non-Party would create a substantial risk 7 of serious harm that could not be avoided by less restrictive means. 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 Non-Party: any natural person, partnership, corporation, association or 12 other legal entity not named as a Party to this action. 13 Outside Counsel of Record: attorneys who are not employees of a party to 14 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 support staff. 17 Party: any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and 19 their support staffs). 20 Producing Party: a Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 Professional Vendors: persons or entities that provide litigation support 23 services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 and their employees and subcontractors. 26 Protected Material: any Disclosure or Discovery Material that is designated 27 as “CONFIDENTIAL.” 28 / / / -5- STIPULATED PROTECTIVE ORDER Case 2:22-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 6 of 19 Page ID #:281

1 Receiving Party: a Party that receives Disclosure or Discovery Material 2 from a Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or 6 extracted from Protected Material; (2) all copies, excerpts, summaries, or 7 compilations of Protected Material; and (3) any testimony, conversations, or 8 presentations by Parties or their Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial shall be governed by the orders of the 10 trial judge. This Order does not govern the use of Protected Material at trial. 11 However, the protections conferred by this Stipulation and Order do not 12 cover the following information: (a) any information that is in the public domain 13 at the time of disclosure to a Receiving Party or becomes part of the public domain 14 after its disclosure to a Receiving Party as a result of publication not involving a 15 violation of this Order, including becoming part of the public record through trial 16 or otherwise; and (b) any information known to the Receiving Party prior to the 17 disclosure or obtained by the Receiving Party after the disclosure from a source 18 who obtained the information lawfully and under no obligation of confidentiality 19 to the Designating Party. 20 4. DURATION 21 Once a case proceeds to trial, information that was designated as 22 CONFIDENTIAL or maintained pursuant to this protective order used or 23 introduced as an exhibit at trial becomes public and will be presumptively 24 available to all members of the public, including the press, unless compelling 25 reasons supported by specific factual findings to proceed otherwise are made to 26 the trial judge in advance of the trial. See Kamakana,

-81 27 (distinguishing “good cause” showing for sealing documents produced in 28 discovery from “compelling reasons” standard when merits-related documents are -6- STIPULATED PROTECTIVE ORDER Case 2}P2-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 7of19 Page ID #:282

| || part of court record). Accordingly, the terms of this protective order do not extend 2 || beyond the commencement of the trial. 3 || 5. DESIGNATING PROTECTED MATERIAL 4 5.1 Exercise of Restraint and Care in Designating Material for 5 || Protection: Each Party or Non-Party that designates information or items for 6 || protection under this Order must take care to limit any such designation to specific 7 || material that qualifies under the appropriate standards. The Designating Party 8 || must designate for protection only those parts of material, documents, items or 9 || oral or written communications that qualify so that other portions of the material, 10 || documents, items or communications for which protection is not warranted are not 11 || swept unjustifiably within the ambit of this Order. 12 Mass, indiscriminate or routinized designations are prohibited. 13 |} Designations that are shown to be clearly unjustified or that have been made for 14 || an improper purpose (e.g., to unnecessarily encumber the case development 15 || process or to impose unnecessary expenses and burdens on other parties) may 16 || expose the Designating Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that 18 || it designated for protection do not qualify for protection, that Designating Party 19 || must promptly notify all other Parties that it is withdrawing the inapplicable 20 || designation. 21 5.2 Manner and Timing of Designations. Except as otherwise 22 || provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as 23 || otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies 24 || for protection under this Order must be clearly so designated before the material 25 || is disclosed or produced. 26 Designation in conformity with this Order requires: 27 (a) For information in documentary form (e.g., paper or electronic 28 documents, but excluding transcripts of depositions or other

STIPULATED PROTECTIVE ORDER

Case 2}22-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 8of19 Page ID #:283

1 pretrial or trial proceedings), that the Producing Party affix at a 2 minimum, the legend “CONFIDENTIAL” or “HIGHLY 3 CONFIDENTIAL -—- ATTORNEYS’ EYES ONLY” 4 (hereinafter “CONFIDENTIAL legend”), to each page that 5 contains protected material. If only a portion of the material on 6 a page qualifies for protection, the Producing Party also must 7 clearly identify the protected portion(s) (e.g., by making 8 appropriate markings in the margins). 10 A Party or Non-Party that makes original documents available 1] for inspection need not designate them for protection until after 12 the inspecting Party has indicated which documents it would 13 like copied and produced. During the inspection and before the 14 designation, all of the material made available for inspection 15 shall be deemed “CONFIDENTIAL.” After the inspecting 16 Party has identified the documents it wants copied and 17 produced, the Producing Party must determine which 18 documents, or portions thereof, qualify for protection under this 19 Order. Then, before producing the specified documents, the 20 Producing Party must affix the “CONFIDENTIAL legend” to 21 each page that contains Protected Material. If only a portion of 22 the material on a page qualifies for protection, the Producing 23 Party also must clearly identify the protected portion(s) (e.g., by 24 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, 27 before the close of the deposition, hearing, or other proceeding, 28 all protected testimony and specify the level of protection being

STIPULATED PROTECTIVE ORDER

Case 2}22-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page9of19 Page ID #:284

1 asserted. When it is impractical to identify separately each 2 portion of testimony that is entitled to protection and it appears 3 that substantial portions of the testimony may qualify for 4 protection, the Designating Party may invoke on the record 5 (before the deposition, hearing, or other proceeding is 6 concluded) a right to have up to 21 days to identify the specific 7 portions of the testimony as to which protection is sought and 8 to specify the level of protection being asserted. Only those 9 portions of the testimony that are appropriately designated for 10 protection within the 21 days shall be covered by the provisions 1] of this Stipulated Protective Order. Alternatively, a Designating 12 Party may specify, at the deposition or up to 21 days afterwards 13 if that period is properly invoked, that the entire transcript shall 14 be treated as “CONFIDENTIAL” or “HIGHLY 15 CONFIDENTIAL — ATTORNEYS’ EYES ONLY.” 16 (c) Transcripts containing Protected Material shall have an obvious 17 legend on the title page that the transcript contains Protected 18 Material, and the title page shall be followed by a list of all 19 pages (including line numbers as appropriate) that have been 20 designated as Protected Material and the level of protection 21 being asserted by the Designating Party. The Designating Party 22 shall inform the court reporter of these requirements. Any 23 transcript that is prepared before the expiration of a 21-day 24 period for designation shall be treated during that period as if it 25 had been designated “HIGHLY CONFIDENTIAL —- 26 ATTORNEYS’ EYES ONLY” in its entirety unless otherwise 27 agreed. After the expiration of that period, the transcript shall 28 be treated only as actually designated.

STIPULATED PROTECTIVE ORDER

Case 2:42-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 10o0f19 Page ID #:285

| (d) For information produced in some form other than 2 documentary and for any other tangible items, that the 3 Producing Party affix in a prominent place on the exterior of the 4 container or containers in which the information is stored the 5 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — 6 ATTORNEYS’ EYES ONLY.” If only a portion or portions of 7 the information warrants protection, the Producing Party, to the 8 extent practicable, shall identify the protected portion(s). 9 5.3 Inadvertent Failures to Designate. If timely corrected, an 10 || inadvertent failure to designate qualified information or items does not, standing 11 || alone, waive the Designating Party’s right to secure protection under this Order 12 || for such material. Upon timely correction of a designation, the Receiving Party 13 || must make reasonable efforts to assure that the material is treated in accordance 14 || with the provisions of this Order. 15 || 6 CHALLENGING CONFIDENTIALITY DESIGNATIONS 16 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 17 ||} designation of confidentiality at any time that is consistent with the Court’s 18 |} Scheduling Order. 19 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 20 || resolution process under Local Rule 37.1 et seq. 21 6.3 Burden of Persuasion. The burden of persuasion in any such 22 || challenge proceeding shall be on the Designating Party. Frivolous challenges, and 23 || those made for an improper purpose (e.g., to harass or impose unnecessary 24 || expenses and burdens on other parties) may expose the Challenging Party to 25 || sanctions. Unless the Designating Party has waived or withdrawn the 26 || confidentiality designation, all parties shall continue to afford the material in 27 || question the level of protection to which it is entitled under the Producing Party’s 28 || designation until the Court rules on the challenge.

STIPULATED PROTECTIVE ORDER

Case 2:42-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 11o0f19 Page ID #:286

| || 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material 3 || that is disclosed or produced by another Party or by a Non-Party in connection 4 || with this Action only for prosecuting, defending or attempting to settle this Action. 5 || Such Protected Material may be disclosed only to the categories of persons and 6 || under the conditions described in this Order. When the Action has been 7 || terminated, a Receiving Party must comply with the provisions of section 13 below 8 || (FINAL DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at 10 || a location and in a secure manner that ensures that access is limited to the 11 || persons authorized under this Order. 12 7.2 Disclosure _of “CONFIDENTIAL” Information or Items. 13 |} Unless otherwise ordered by the court or permitted in writing by the Designating 14 || Party, a Receiving Party may disclose any information or item designated 15 || “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this 17 Action, as well as employees of said Outside Counsel of Record to whom it 18 is reasonably necessary to disclose the information for this Action; 19 (b) the officers, directors, and employees (including House 20 Counsel) of the Receiving Party to whom disclosure is reasonably necessary 21 for this Action; 22 (c) Experts (as defined in this Order) of the Receiving Party to 23 whom disclosure is reasonably necessary for this Action and who have 24 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (d) the court and its personnel; 26 (e) court reporters and their staff; 27 (f) professional jury or trial consultants, mock jurors, and 28 Professional Vendors to whom disclosure is reasonably necessary for this

STIPULATED PROTECTIVE ORDER

Case 2:42-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 12o0f19 Page ID #:287

1 Action and who have signed the “Acknowledgment and Agreement to Be 2 Bound” (Exhibit A); 3 (g) the author or recipient of a document containing the 4 information or a custodian or other person who otherwise possessed or knew 5 the information; 6 (h) during their depositions, witnesses, and attorneys for witnesses, 7 in the Action to whom disclosure is reasonably necessary provided: (1) the 8 deposing party requests that the witness sign the form attached as Exhibit A 9 hereto; and (2) they will not be permitted to keep any confidential 10 information unless they sign the “Acknowledgment and Agreement to Be 1] Bound” (Exhibit A), unless otherwise agreed by the Designating Party or 12 ordered by the court. Pages of transcribed deposition testimony or exhibits 13 to depositions that reveal Protected Material may be separately bound by the 14 court reporter and may not be disclosed to anyone except as permitted under 15 this Stipulated Protective Order; and 16 (i) any mediator or settlement officer, and their supporting 17 personnel, mutually agreed upon by any of the parties engaged in settlement 18 discussions. 19 7.3. Disclosure of “HIGHLY CONFIDENTIAL — ATTORNEYS’ 20 || EYES ONLY” Information or Items. Unless otherwise ordered by the court or 21 || permitted in writing by the Designating Party, a Receiving Party may disclose any 22 || information or item designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ 23 || EYES ONLY” only to: 24 (a) the Receiving Party’s Outside Counsel of Record in this action, as well 25 || as employees of said Outside Counsel of Record to whom it is reasonably 26 || necessary to disclose the information for this litigation; 27 (b) Designated House Counsel of the Receiving Party (1) who has no 28 || involvement in competitive decision-making, (2) to whom disclosure is reasonably

STIPULATED PROTECTIVE ORDER

Case 2:42-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 130f19 Page ID #:288

| || necessary for this litigation, (3) who has signed the “Acknowledgment and 2 || Agreement to Be Bound” (Exhibit A), and (4) whose full name, city and state of 3 || his or her residence, and description of his or her current and reasonably 4 || foreseeable future primary job duties and responsibilities has been disclosed to the 5 || Designating Party in sufficient detail to determine if House Counsel is involved, 6 || or may become involved, in any competitive decision-making. 7 (c) Experts of the Receiving Party (1) to whom disclosure is reasonably 8 || necessary for this litigation, and (2) who have signed the “Acknowledgment and 9 || Agreement to Be Bound” (Exhibit A); 10 (d) the Court and its personnel; 1] (e) court reporters and their staff, professional jury or trial consultants, and 12 || Professional Vendors to whom disclosure is reasonably necessary for this 13 || litigation and who have signed the “Acknowledgment and Agreement to Be 14 || Bound” (Exhibit A); and 15 (f) the author or recipient of a document containing the information or a 16 || custodian or other person who otherwise possessed or knew the information. 17 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 18 PRODUCED IN OTHER LITIGATION 19 Ifa Party is served with a subpoena or a court order issued in other litigation 20 || that compels disclosure of any information or items designated in this Action as 21 |} “CONFIDENTIAL,” that Party must: 22 (a) promptly notify in writing the Designating Party. Such 23 notification shall include a copy of the subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena 25 or order to issue in the other litigation that some or all of the 26 material covered by the subpoena or order is subject to this 27 Protective Order. Such notification shall include a copy of this 28 Stipulated Protective Order; and

STIPULATED PROTECTIVE ORDER

Case 2:42-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 14o0f19 Page ID #:289

(c) cooperate with respect to all reasonable procedures sought to 2 be pursued by the Designating Party whose Protected Material 3 may be affected. 4 If the Designating Party timely seeks a protective order, the Party served 5 || with the subpoena or court order shall not produce any information designated in 6 || this action as “CONFIDENTIAL” before a determination by the court from which 7 || the subpoena or order issued, unless the Party has obtained the Designating Party’s 8 || permission. The Designating Party shall bear the burden and expense of seeking 9 || protection in that court of its confidential material and nothing in these provisions 10 || should be construed as authorizing or encouraging a Receiving Party in this Action 11 || to disobey a lawful directive from another court. 12 |} 9. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 13 PRODUCED IN THIS LITIGATION 14 (a) The terms of this Order are applicable to information produced 15 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 16 information produced by Non-Parties in connection with this litigation is 17 protected by the remedies and relief provided by this Order. Nothing in these 18 provisions should be construed as prohibiting a Non-Party from seeking 19 additional protections. 20 (b) In the event that a Party is required, by a valid discovery 21 request, to produce a Non-Party’s confidential information in its possession, 22 and the Party is subject to an agreement with the Non-Party not to produce 23 the Non-Party’s confidential information, then the Party shall: 24 (1) promptly notify in writing the Requesting Party and the 25 Non-Party that some or all of the information requested is subject to a 26 confidentiality agreement with a Non-Party; 27 | /// 28 |] ///

STIPULATED PROTECTIVE ORDER

Case 2:42-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 15o0f19 Page ID #:290

1 (2) promptly provide the Non-Party with a copy of the 2 Stipulated Protective Order in this Action, the relevant discovery request(s), 3 and a reasonably specific description of the information requested; and 4 (3) make the information requested available for inspection by 5 the Non-Party, if requested. 6 (c) If the Non-Party fails to seek a protective order from this court 7 within 14 days of receiving the notice and accompanying information, the 8 Receiving Party may produce the Non-Party’s confidential information 9 responsive to the discovery request. If the Non-Party timely seeks a 10 protective order, the Receiving Party shall not produce any information in its 1] possession or control that is subject to the confidentiality agreement with the 12 Non-Party before a determination by the court. Absent a court order to the 13 contrary, the Non-Party shall bear the burden and expense of seeking 14 protection in this court of its Protected Material. 15 || 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 16 If a Receiving Party learns that, by inadvertence or otherwise, it has 17 || disclosed Protected Material to any person or in any circumstance not authorized 18 || under this Stipulated Protective Order, the Receiving Party must immediately (a) 19 || notify in writing the Designating Party of the unauthorized disclosures, (b) use its 20 || best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 21 || the person or persons to whom unauthorized disclosures were made of all the terms 22 || of this Order, and (d) request such person or persons to execute the 23 || “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 24 || A. 25 || 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 26 OTHERWISE PROTECTED MATERIAL 27 When a Producing Party gives notice to Receiving Parties that certain 28 || inadvertently produced material is subject to a claim of privilege or other

STIPULATED PROTECTIVE ORDER

Case 2:22-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 16 of 19 Page ID #:291

1 protection, the obligations of the Receiving Parties are those set forth in Federal 2 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 3 whatever procedure may be established in an e-discovery order that provides for 4 production without prior privilege review. Pursuant to Federal Rule of Evidence 5 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 6 of a communication or information covered by the attorney-client privilege or 7 work product protection, the parties may incorporate their agreement in the 8 stipulated protective order submitted to the court. 9 12. MISCELLANEOUS 10 12.1 Right to Further Relief. Nothing in this Order abridges the right 11 of any person to seek its modification by the Court in the future. 12 12.2 Right to Assert Other Objections. By stipulating to the entry of 13 this Protective Order, no Party waives any right it otherwise would have to object 14 to disclosing or producing any information or item on any ground not addressed 15 in this Stipulated Protective Order. Similarly, no Party waives any right to object 16 on any ground to use in evidence of any of the material covered by this Protective 17 Order. 18 12.3 Filing Protected Material. A Party that seeks to file under seal 19 any Protected Material must comply with Local Civil Rule 79-5. Protected 20 Material may only be filed under seal pursuant to a court order authorizing the 21 sealing of the specific Protected Material at issue. If a Party’s request to file 22 Protected Material under seal is denied by the court, then the Receiving Party may 23 file the information in the public record unless otherwise instructed by the court. 24 13. FINAL DISPOSITION 25 After the final disposition of this Action, as defined in paragraph 4, within 26 60 days of a written request by the Designating Party, each Receiving Party must 27 return all Protected Material to the Producing Party or destroy such material. As 28 used in this subdivision, “all Protected Material” includes all copies, abstracts, -16- STIPULATED PROTECTIVE ORDER Case 2:22-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 17 of 19 Page ID #:292

1 compilations, summaries, and any other format reproducing or capturing any of 2 the Protected Material. Whether the Protected Material is returned or destroyed, 3 the Receiving Party must submit a written certification to the Producing Party 4 (and, if not the same person or entity, to the Designating Party) by the 60 day 5 deadline that (1) identifies (by category, where appropriate) all the Protected 6 Material that was returned or destroyed and (2) affirms that the Receiving Party 7 has not retained any copies, abstracts, compilations, summaries or any other 8 format reproducing or capturing any of the Protected Material. Notwithstanding 9 this provision, Counsel are entitled to retain an archival copy of all pleadings, 10 motion papers, trial, deposition, and hearing transcripts, legal memoranda, 11 correspondence, deposition and trial exhibits, expert reports, attorney work 12 product, and consultant and expert work product, even if such materials contain 13 Protected Material. Any such archival copies that contain or constitute Protected 14 Material remain subject to this Protective Order as set forth in Section 4 15 (DURATION). 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // -17- STIPULATED PROTECTIVE ORDER Case 2:42-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 180f19 Page ID #:293

1 |} 14. VIOLATION 2 || Any violation of this Order may be punished by appropriate measures including, 3 || without limitation, contempt proceedings and/or monetary sanctions. 5 || SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 || Dated: September 22, 2022 GORDON REES SCULLY 7 MANSUKHANI, LLP 8 By: /s/ Hazel Mae B. Pangan 9 Craig J. Mariam Hazel Mae B. Pangan 10 Stephanie L. Cobau 11 Attorneys for Defendant Central Coast Community Energy 12 13 14 Dated: September 22, 2022 COHEN IP LAW GROUP PC

15 By: /s/ Michael N. Cohen Michael N. Cohen 16 Attorneys for Plaintiff 17 3C Engineering, Inc. 18 19 SIGNATURE ATTESTATION 50 Pursuant to Civil L.R. 5-4.3.4(a)(2)(1), the filer attests that all other > signatories listed, and on whose behalf this filing is submitted, concur in the 99 filing’s content and have authorized the filing. 74 /s/ Hazel Mae B. Pangan 24 95 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 26 Rapelis, QO, O2— 57 Dated: September 23, 2022 HON. ROZELLA A. OLIVER 28 United States Magistrate Judge -18- STIPULATED PROTECTIVE ORDER

Case 2:22-cv-01395-SB-RAO Document 32 Filed 09/23/22 Page 19 of 19 Page ID #:294

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 ___________________________________________ [print or type full address], 5 declare under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for 7 the Central District of California on _____________ in the case of 3C Engineering 8 Inc. v. Central Coast Community Energy, Case No. 2:22-CV-01395-SB-RAO. I 9 agree to comply with and to be bound by all the terms of this Stipulated Protective 10 Order and I understand and acknowledge that failure to so comply could expose 11 me to sanctions and punishment in the nature of contempt. I solemnly promise 12 that I will not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance with 14 the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District 16 Court for the Central District of California for enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [print 19 or type full name] of _______________________________________ [print or 20 type full address and telephone number] as my California agent for service of 21 process in connection with this action or any proceedings related to enforcement 22 of this Stipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: ________________________________ 25 Printed name: _______________________________ 26 Signature: __________________________________ 27 28 -19- STIPULATED PROTECTIVE ORDER