Case 2:22-cv-04094-GW-AFM Document 102 Filed 03/13/23 Page 1 of 17 Page ID #:1502

1 Michele J. Beilke (State Bar No. 194098) [email protected] 2 Kirk A. Hornbeck (State Bar No. 241708) 3 [email protected] HUNTON ANDREWS KURTH LLP 4 550 South Hope Street, Suite 2000 5 Los Angeles, California 90071-2627 Telephone: 213 • 532 • 2000 6 Facsimile: 213 • 532 • 2020

7 Attorneys for Defendant 8 Stryker Corporation

9 [Additional Counsel Listed On Next Page] 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12

13

14 JONATHAN JEROZAL and NIKKI Case No.: 2:22-CV-4094-GW-AFMx GIN, individually and on behalf of all 15 other members of the general public STIPULATED PROTECTIVE 16 similarly situated, ORDER1

17 Plaintiffs, 18 v. 19 Complaint Filed: June 14, 2022 20 STRYKER CORPORATION, a Michigan corporation, 21

22 Defendant.

23

24

25 26 27

28 1 This Stipulated Protective Order is based substantially on the model protective order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures. 1 STIPULATED PROTECTIVE ORDER Case 2:22-cv-04094-GW-AFM Document 102 Filed 03/13/23 Page 2 of 17 Page ID #:1503

1 Lin Chan Paolo Meireles (admitted pro hac vice) [email protected] [email protected] 2 LIEFF CABRASER HEIMANN & Tamra Givens (admitted pro hac vice) 3 BERNSTEIN, LLP [email protected] 275 Battery Street, 29th Floor SHAVITZ LAW GROUP, P.A. 4 San Francisco, CA 94111 951 Yamato Road, Suite 285 5 Telephone: (415) 956-1000 Boca Raton, Florida 33431 Facsimile: (415) 956-1008 Telephone: (561) 447-8888 6 Facsimile: (561) 447-8831 7 Rachel Geman (admitted pro hac vice) [email protected] Robert J. King 8 LIEFF CABRASER HEIMANN & [email protected] 9 BERNSTEIN, LLP Zachary Tucker 10 250 Hudson Street, 8th Floor [email protected] New York, NY 10013 KING & SIEGEL LLP 11 Telephone: (212) 355-9500 724 South Spring Street, Suite 201 12 Facsimile: (212) 355-9592 Los Angeles, CA 90015 Telephone: (213) 510-3249 13 Christopher E. Coleman (admitted Facsimile: (213) 465-4803 14 pro hac vice) [email protected] 15 LIEFF CABRASER HEIMANN & 16 BERNSTEIN, LLP 222 2nd Ave. South, Suite 1640 17 Nashville, Tennessee 37201 18 Telephone: (615) 313-9000 Facsimile: (615) 313-9965 19 20 Counsel for Plaintiffs

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1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 6 Stipulated Protective Order. The parties acknowledge that this Order does not confer 7 blanket protections on all disclosures or responses to discovery and that the protection 8 it affords from public disclosure and use extends only to the limited information or items 9 that are entitled to confidential treatment under the applicable legal principles. 10 B. GOOD CAUSE STATEMENT 11 This action is likely to involve trade secrets, customer and pricing lists and other 12 valuable research, development, commercial, financial, technical and/or proprietary 13 information for which special protection from public disclosure and from use for any 14 purpose other than prosecution of this action is warranted. Such confidential and 15 proprietary materials and information consist of, among other things, employee records, 16 employment policies & procedures, training materials, product marketing strategies, 17 technical product descriptions, strategic human resources decisions, vendor contracts 18 and relationships, pay and salary records, information protected by the Health Insurance 19 Portability and Accountability Act (“HIPAA”), other confidential business or financial 20 information, information regarding confidential business practices, or other confidential 21 research, development, or commercial information (including information implicating 22 privacy rights of third parties), information otherwise generally unavailable to the 23 public, information that would, if disclosed, cause competitive disadvantage to 24 Defendant or Defendant’s subsidiaries, or information which may be privileged or 25 otherwise protected from disclosure under state or federal statutes, court rules, case 26 decisions, or common law. Accordingly, to expedite the flow of information, to 27 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 28 to adequately protect information the parties are entitled to keep confidential, to ensure 3 STIPULATED PROTECTIVE ORDER Case 2:22-cv-04094-GW-AFM Document 102 Filed 03/13/23 Page 4 of 17 Page ID #:1505

1 that the parties are permitted reasonable necessary uses of such material in preparation 2 for and in the conduct of trial, to address their handling at the end of the litigation, and 3 serve the ends of justice, a protective order for such information is justified in this 4 matter. It is the intent of the parties that information will not be designated as 5 confidential for tactical reasons and that nothing be so designated without a good faith 6 belief that it has been maintained in a confidential, non-public manner, and there is good 7 cause why it should not be part of the public record of this case. 8 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 9 SEAL 10 The parties further acknowledge, as set forth in Section 12.3, below, that this 11 Stipulated Protective Order does not entitle them to file confidential information under 12 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 13 standards that will be applied when a party seeks permission from the court to file 14 material under seal. 15 There is a strong presumption that the public has a right of access to judicial 16 proceedings and records in civil cases. In connection with non-dispositive motions, 17 good cause must be shown to support a filing under seal. See Kamakana v. City and 18 County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. Motors 19 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 20

(E.D. Wis. 1999) (even stipulated protective orders require good 21 cause showing), and a specific showing of good cause or compelling reasons with 22 proper evidentiary support and legal justification, must be made with respect to 23 Protected Material that a party seeks to file under seal. The parties’ mere designation 24 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 25 submission of competent evidence by declaration, establishing that the material sought 26 to be filed under seal qualifies as confidential, privileged, or otherwise protectable— 27 constitute good cause. 28 Further, if a party requests sealing related to a dispositive motion or trial, then 4 STIPULATED PROTECTIVE ORDER Case 2:22-cv-04094-GW-AFM Document 102 Filed 03/13/23 Page 5 of 17 Page ID #:1506

1 compelling reasons, not only good cause, for the sealing must be shown, and the relief 2 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos 3 v. Pacific Creditors Ass’n.,

(9th Cir. 2010). For each item or type 4 of information, document, or thing sought to be filed or introduced under seal in 5 connection with a dispositive motion or trial, the party seeking protection must 6 articulate compelling reasons, supported by specific facts and legal justification, for the 7 requested sealing order. Again, competent evidence supporting the application to file 8 documents under seal must be provided by declaration. 9 Any document that is not confidential, privileged, or otherwise protectable in its 10 entirety will not be filed under seal if the confidential portions can be redacted. If 11 documents can be redacted, then a redacted version for public viewing, omitting only 12 the confidential, privileged, or otherwise protectable portions of the document, shall be 13 filed. Any application that seeks to file documents under seal in their entirety should 14 include an explanation of why redaction is not feasible. 15 16 2. DEFINITIONS 17 2.1 Action: This pending lawsuit: Jerozal, et al. v. Stryker Corporation, Case 18 No. 2:22-04094-GW-AFM. 19 2.2 Challenging Party: a Party or Non-Party that challenges the designation 20 of information or items under this Order. 21 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 22 it is generated, stored or maintained) or tangible things that qualify for protection under 23 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 24 Statement. 25 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 26 support staff). 27 2.5 Designating Party: a Party or Non-Party that designates information or 28 items that it produces in disclosures or in responses to discovery as 5 STIPULATED PROTECTIVE ORDER Case 2:22-cv-04094-GW-AFM Document 102 Filed 03/13/23 Page 6 of 17 Page ID #:1507

1 “CONFIDENTIAL.” 2 2.6 Disclosure or Discovery Material: all items or information, regardless of 3 the medium or manner in which it is generated, stored, or maintained (including, among 4 other things, testimony, transcripts, and tangible things), that are produced or generated 5 in disclosures or responses to discovery in this matter. 6 2.7 Expert: a person with specialized knowledge or experience in a matter 7 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 8 expert witness or as a consultant in this Action. 9 2.8 House Counsel: attorneys who are employees of a party to this Action. 10 House Counsel does not include Outside Counsel of Record or any other outside 11 counsel. 12 2.9 Non-Party: any natural person, partnership, corporation, association or 13 other legal entity not named as a Party to this action. 14 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 15 this Action but are retained to represent or advise a party to this Action and have 16 appeared in this Action on behalf of that party or are affiliated with a law firm that has 17 appeared on behalf of that party, and includes support staff. 18 2.11 Party: any party to this Action, including all of its officers, directors, 19 employees, consultants, retained experts, and Outside Counsel of Record (and their 20 support staffs). For the avoidance of doubt, any class member under Rule 23 or any 21 individual who opts into this action under the provisions of the Fair Labor Standards 22 Act is, for purposes of this Order only, considered a “Party” and therefore subject to 23 and bound by this Agreement in the same manner as all named parties in this Action. 24 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 25 Discovery Material in this Action. 26 2.13 Professional Vendors: persons or entities that provide litigation support 27 services (e.g., photocopying, videotaping, translating, preparing exhibits or 28 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 6 STIPULATED PROTECTIVE ORDER Case 2:22-cv-04094-GW-AFM Document 102 Filed 03/13/23 Page 7 of 17 Page ID #:1508

1 their employees and subcontractors. 2 2.14 Protected Material: any Disclosure or Discovery Material that is 3 designated as “CONFIDENTIAL.” 4 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 5 from a Producing Party. 6 7 3. SCOPE 8 The protections conferred by this Stipulation and Order cover not only Protected 9 Material (as defined above), but also (1) any information copied or extracted from 10 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 11 Material; and (3) any testimony, conversations, or presentations by Parties or their 12 Counsel that might reveal Protected Material. 13 Any use of Protected Material at trial shall be governed by the orders of the trial 14 judge. This Order does not govern the use of Protected Material at trial. 15 16 4. DURATION 17 Once a case proceeds to trial, information that was designated as 18 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as 19 an exhibit at trial becomes public and will be presumptively available to all members 20 of the public, including the press, unless compelling reasons supported by specific 21 factual findings to proceed otherwise are made to the trial judge in advance of the trial. 22 See Kamakana,

(distinguishing “good cause” showing for sealing 23 documents produced in discovery from “compelling reasons” standard when merits- 24 related documents are part of court record). Accordingly, the terms of this protective 25 order do not extend beyond the commencement of the trial. 26 27 28 7 STIPULATED PROTECTIVE ORDER Case 2:22-cv-04094-GW-AFM Document 102 Filed 03/13/23 Page 8 of 17 Page ID #:1509

1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection under 4 this Order must take care to limit any such designation to specific material that qualifies 5 under the appropriate standards. The Designating Party must designate for protection 6 only those parts of material, documents, items or oral or written communications that 7 qualify so that other portions of the material, documents, items or communications for 8 which protection is not warranted are not swept unjustifiably within the ambit of this 9 Order. 10 Mass, indiscriminate or routinized designations are prohibited. Designations that 11 are shown to be clearly unjustified or that have been made for an improper purpose 12 (e.g., to unnecessarily encumber the case development process or to impose 13 unnecessary expenses and burdens on other parties) may expose the Designating Party 14 to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party must 17 promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 5.2 Manner and Timing of Designations. Except as otherwise provided in this 19 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 20 or ordered, Disclosure or Discovery Material that qualifies for protection under this 21 Order must be clearly so designated before the material is disclosed or produced. 22 Designation in conformity with this Order requires: 23 (a) for information in documentary form (e.g., paper or electronic documents, 24 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 25 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 26 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 27 portion of the material on a page qualifies for protection, the Producing Party also must 28 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 8 STIPULATED PROTECTIVE ORDER Case 2:22-cv-04094-GW-AFM Document 102 Filed 03/13/23 Page 9 of 17 Page ID #:1510

1 margins or redacting the confidential information contained within the document). 2 A Party or Non-Party that makes original documents available for inspection 3 need not designate them for protection until after the inspecting Party has indicated 4 which documents it would like copied and produced. During the inspection and before 5 the designation, all of the material made available for inspection shall be deemed 6 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 7 copied and produced, the Producing Party must determine which documents, or portions 8 thereof, qualify for protection under this Order. Then, before producing the specified 9 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 10 that contains Protected Material. If only a portion of the material on a page qualifies 11 for protection, the Producing Party also must clearly identify the protected portion(s) 12 (e.g., by making appropriate markings in the margins). 13 (b) for testimony given in depositions that the Designating Party identifies the 14 Disclosure or Discovery Material on the record, before the close of the deposition all 15 protected testimony. 16 (c) for information produced in some form other than documentary and for 17 any other tangible items, that the Producing Party affix in a prominent place on the 18 exterior of the container or containers in which the information is stored the legend 19 “CONFIDENTIAL.” If only a portion or portions of the information warrants 20 protection, the Producing Party, to the extent practicable, shall identify the protected 21 portion(s). 22 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 23 failure to designate qualified information or items does not, standing alone, waive the 24 Designating Party’s right to secure protection under this Order for such material. Upon 25 timely correction of a designation, the Receiving Party must make reasonable efforts to 26 assure that the material is treated in accordance with the provisions of this Order. 27 28 9 STIPULATED PROTECTIVE ORDER Case 2:22-cv-04094-GW-AFM Document 102 Filed 03/13/23 Page 10 of 17 Page ID #:1511

1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s Scheduling 4 Order. 5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37-1 et seq. 7 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 8 stipulation pursuant to Local Rule 37-2. 9 6.4 The burden of persuasion in any such challenge proceeding shall be on the 10 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 11 to harass or impose unnecessary expenses and burdens on other parties) may expose the 12 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 13 the confidentiality designation, all parties shall continue to afford the material in 14 question the level of protection to which it is entitled under the Producing Party’s 15 designation until the Court rules on the challenge. 16 17 7. ACCESS TO AND USE OF PROTECTED MATERIAL 18 7.1 Basic Principles. A Receiving Party may use Protected Material that is 19 disclosed or produced by another Party or by a Non-Party in connection with this Action 20 only for prosecuting, defending or attempting to settle this Action. Such Protected 21 Material may be disclosed only to the categories of persons and under the conditions 22 described in this Order. When the Action has been terminated, a Receiving Party must 23 comply with the provisions of section 13 below (FINAL DISPOSITION). 24 Protected Material must be stored and maintained by a Receiving Party at a 25 location and in a secure manner that ensures that access is limited to the persons 26 authorized under this Order. 27 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 28 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 10 STIPULATED PROTECTIVE ORDER Case 2:22-cv-04094-GW-AFM Document 102 Filed 03/13/23 Page 11 of 17 Page ID #:1512

1 may disclose any information or item designated “CONFIDENTIAL” only to: 2 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 3 well as employees of said Outside Counsel of Record to whom it is reasonably 4 necessary to disclose the information for this Action; 5 (b) the officers, directors, and employees (including House Counsel) of 6 the Receiving Party to whom disclosure is reasonably necessary for this Action; 7 (c) Experts (as defined in this Order) of the Receiving Party to whom 8 disclosure is reasonably necessary for this Action and who have signed the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 (d) the court and its personnel; 11 (e) court reporters and their staff; 12 (f) professional jury or trial consultants, mock jurors, and Professional 13 Vendors to whom disclosure is reasonably necessary for this Action and who have 14 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (g) the author or recipient of a document containing the information or 16 a custodian or other person who otherwise possessed or knew the information; 17 (h) during their depositions, witnesses, and attorneys for witnesses, in 18 the Action to whom disclosure is reasonably necessary provided: (1) the deposing party 19 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 20 not be permitted to keep any confidential information unless they sign the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 22 by the Designating Party or ordered by the court. Pages of transcribed deposition 23 testimony or exhibits to depositions that reveal Protected Material may be separately 24 bound by the court reporter and may not be disclosed to anyone except as permitted 25 under this Stipulated Protective Order; and 26 (i) any mediator or settlement officer, and their supporting personnel, 27 mutually agreed upon by any of the parties engaged in settlement discussions. 28 11 STIPULATED PROTECTIVE ORDER Case 2:22-cv-04094-GW-AFM Document 102 Filed 03/13/23 Page 12 of 17 Page ID #:1513

1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation that 4 compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification 7 shall include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order 9 to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall 11 include a copy of this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be pursued 13 by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with the 15 subpoena or court order shall not produce any information designated in this action as 16 “CONFIDENTIAL” before a determination by the court from which the subpoena or 17 order issued, unless the Party has obtained the Designating Party’s permission. The 18 Designating Party shall bear the burden and expense of seeking protection in that court 19 of its confidential material and nothing in these provisions should be construed as 20 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 21 from another court. 22 23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 24 IN THIS LITIGATION 25 (a) The terms of this Order are applicable to information produced by a Non- 26 Party in this Action and designated as “CONFIDENTIAL.” Such information produced 27 by Non-Parties in connection with this litigation is protected by the remedies and relief 28 provided by this Order. Nothing in these provisions should be construed as prohibiting 12 STIPULATED PROTECTIVE ORDER Case 2:22-cv-04094-GW-AFM Document 102 Filed 03/13/23 Page 13 of 17 Page ID #:1514

1 a Non-Party from seeking additional protections. 2 (b) In the event that a Party is required, by a valid discovery request, to 3 produce a Non-Party’s confidential information in its possession, and the Party is 4 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 5 information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non-Party 7 that some or all of the information requested is subject to a confidentiality agreement 8 with a Non-Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated 10 Protective Order in this Action, the relevant discovery request(s), and a reasonably 11 specific description of the information requested; and 12 (3) make the information requested available for inspection by the Non- 13 Party, if requested. 14 (c) If the Non-Party fails to seek a protective order from this court within 14 15 days of receiving the notice and accompanying information, the Receiving Party may 16 produce the Non-Party’s confidential information responsive to the discovery request. 17 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 18 any information in its possession or control that is subject to the confidentiality 19 agreement with the Non-Party before a determination by the court. Absent a court order 20 to the contrary, the Non-Party shall bear the burden and expense of seeking protection 21 in this court of its Protected Material. 22 23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 25 Protected Material to any person or in any circumstance not authorized under this 26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 27 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 28 all unauthorized copies of the Protected Material, (c) inform the person or persons to 13 STIPULATED PROTECTIVE ORDER Case 2:22-cv-04094-GW-AFM Document 102 Filed 03/13/23 Page 14 of 17 Page ID #:1515

1 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 2 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 3 that is attached hereto as Exhibit A. 4 5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 6 When a Producing Party gives notice to Receiving Parties that certain 7 inadvertently produced material is subject to a claim of privilege or other protection, 8 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 9 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 10 may be established in an e-discovery order that provides for production without prior 11 privilege review. The parties agree, and this Court orders, that in the event of an 12 inadvertent disclosure, the maximum protections afforded by Federal Rule of Evidence 13 502(d) and (e), shall govern. 14 15 12. MISCELLANEOUS 16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 17 person to seek its modification by the Court in the future. 18 12.2 Right to Assert Other Objections. By stipulating to the entry of this 19 Protective Order, no Party waives any right it otherwise would have to object to 20 disclosing or producing any information or item on any ground not addressed in this 21 Stipulated Protective Order. Similarly, no Party waives any right to object on any 22 ground to use in evidence of any of the material covered by this Protective Order. 23 12.3 Filing Protected Material. A Party that seeks to file under seal any 24 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 25 only be filed under seal pursuant to a court order authorizing the sealing of the specific 26 Protected Material at issue. If a Party’s request to file Protected Material under seal is 27 denied by the court, then the Receiving Party may file the information in the public 28 record unless otherwise instructed by the court. 14 STIPULATED PROTECTIVE ORDER Case 2:22-cv-04094-GW-AFM Document 102 Filed 03/13/23 Page 15 of 17 Page ID #:1516

1 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 4, within 30 3 days of a written request by the Designating Party, each Receiving Party must return all 4 Protected Material to the Producing Party or destroy such material. As used in this 5 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 6 summaries, and any other format reproducing or capturing any of the Protected 7 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 8 must submit a written certification to the Producing Party (and, if not the same person 9 or entity, to the Designating Party) by the 30 day deadline that (1) identifies (by 10 category, where appropriate) all the Protected Material that was returned or destroyed 11 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 12 compilations, summaries or any other format reproducing or capturing any of the 13 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 14 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 15 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 16 work product, and consultant and expert work product, even if such materials contain 17 Protected Material. For documents that contain Protected Material, however, counsel 18 may only keep an archival copy for a period of 12 months after final disposition of this 19 Action. After the expiration of 12 months, counsel must either destroy or return to the 20 Producing Party any such document that contains Protected Material. For the avoidance 21 of doubt, any archival copies that contain or constitute Protected Material remain 22 subject to this Protective Order at all times as set forth in Section 4 (DURATION). 23 / / / 24 / / / 25 / / /

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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 IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 □□ DATED: March 13, 2023 9 /s/ Christopher E. Coleman Attorneys for Plaintiff 10 11 || DATED: March 13, 2023 12 13 /s/ Kirk A. Hornbeck 14 Attorneys for Defendant 15 16 ATTESTATION 17 I attest that all other signatories listed, and on whose behalf the filing is submitted, 18 concur in the filing’s content and have authorized the filing. 19 20 || Date: March 13, 2023 By: __/s/ Kirk A. Hornbeck 21 22 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 23 24 || DATED: __ 3/13/2023 2511 ChOy Mexfe-— 26 | TT ses HON. ALEXANDER F. MacKINNON 27 || United States Magistrate Judge 28 16 STIPULATED PROTECTIVE ORDER

Case 2:22-cv-04094-GW-AFM Document 102 Filed 03/13/23 Page 17 of 17 Page ID #:1518

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 5 penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the United States District Court for the Central 7 District of California on [date] in the case of Jonathan Jerozal et al. v. Stryker 8 Corporation, Case No. 2:22-cv-04094-GW-AFM. I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and punishment 11 in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 Central District of California for enforcing the terms of this Stipulated Protective 16 Order, even if such enforcement proceedings occur after termination of this action. I 17 hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective 21 Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24

25 Printed name: _______________________________ 26

27 Signature: __________________________________ 28 17 STIPULATED PROTECTIVE ORDER