1 Nathan B. Camuti (SBN: 300568) CAMUTI LAW GROUP APC 2 33 Brookline Aliso Viejo, CA 92656 3 Telephone: (949) 716-5565 NOTE: CHANGES MADE BY THE COURT 4 Email: [email protected] 5 Attorney for Defendants 6 Wei Bing Marc and GP Lights USA, Inc. 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 PREMIERTEK, a California corporation, Case No.: 2:22-cv-08590-MEMF-SK 13 Plaintiff, STIPULATED PROTECTIVE 14 ORDER vs. 15 DISCOVERY MATTER 16 WEI BING MARC, an individual; 17 PREMIER TEK, INC., a Georgia corporation; GP LIGHTS USA, INC., a 18 Georgia corporation, 19 Defendants. 20 21 STIPULATED PROTECTIVE ORDER UNDER 22 FEDERAL RULE OF CIVIL PROCEDURE 26(c) 23 24 Pursuant to Federal Rule of Civil Procedure 26(c), the parties to this Action 25 (“Parties”), through undersigned counsel, jointly submit this Stipulated Protective Order 26 (“Order”) to govern the handling of information and materials produced in the course

27 of discovery or filed with the Court in this Action. 28 1 A. PURPOSES OF LIMITATIONS 2 Discovery in this Action is likely to involve production of confidential, 3 proprietary, or privileged information for which special protection from public disclosure 4 a nd from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, to facilitate the exchange of documents and information, which is likely to 6 involve the production of confidential, proprietary, or private information, the following 7 provisions of this Order shall govern disclosure and use by the Parties of all documents, 8 testimony, exhibits, interrogatory answers, responses to requests for admission, and any 9 other materials and information disclosed or provided in this Action. 10 11 B. GOOD CAUSE STATEMENT 12 This Action is likely to involve trade secrets, customer and pricing lists, and other 13 valuable research, development, commercial, financial, technical and/or proprietary 14 information for which special protection from public disclosure and from use for any 15 purpose other than prosecution of this Action is warranted. Such confidential and 16 proprietary materials and information consist of, among other things, confidential 17 business or financial information, information regarding confidential business practices, 18 or other confidential research, development, or commercial information (including 19 information implicating privacy rights of third parties), information otherwise generally 20 u navailable to the public, or which may be privileged or otherwise protected from 21 disclosure under state or federal statutes, court rules, case decisions, or common law. 22 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 23 disputes over confidentiality of discovery materials, to adequately protect information 24 the Parties are entitled to keep confidential, to ensure that the Parties are permitted 25 reasonable necessary uses of such material in preparation for and in the conduct of trial, 26 to address their handling at the end of the litigation, and serve the ends of justice, a 27 protective order for such information is justified in this Action. It is the intent of the 28 Parties that information will not be designated as confidential for tactical reasons and that 1 nothing be so designated without a good faith belief that it has been maintained in a 2 c onfidential, non-public manner, and there is good cause why it should not be part of the 3 public record of this case. 4 5 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 6 The Parties further acknowledge, as set forth in Section 10.2. below, that this Order 7 does not entitle them to file confidential information under seal. Local Civil Rule 79-5 8 sets forth the procedures that must be followed and the standards that will be applied 9 when a party seeks permission from the court to file material under seal. There is a 10 strong presumption that the public has a right of access to judicial proceedings and 11 records in civil cases. In connection with non-dispositive motions, good cause must be 12 shown to support a filing under seal. See Kamakana v. City and County of Honolulu, 447

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

, 1210-11 14 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,

(E.D. Wis. 15 1999) (even stipulated protective orders require good cause showing), and a specific 16 showing of good cause or compelling reasons with proper evidentiary support and legal 17 justification, must be made with respect to Protected Material that a party seeks to file 18 under seal. 19 Further, if a party to this Action requests sealing related to a dispositive motion or 20 t rial, then compelling reasons, not only good cause, for the sealing must be shown, and 21 the relief sought shall be narrowly tailored to serve the specific interest to be protected. 22 See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). The Parties’ 23 mere designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 24 without the submission of competent evidence by declaration, establishing that the 25 material sought to be filed under seal qualifies as confidential, privileged, or otherwise 26 protectable—constitute good cause. For each item or type of information, document, or 27 thing sought to be filed or introduced under seal in connection with a dispositive motion 28 or trial, the party seeking protection must articulate compelling reasons, supported by 1 specific facts and legal justification, for the requested sealing order. Again, competent 2 e vidence supporting the application to file documents under seal must be provided by 3 declaration. 4 The Parties acknowledge that this Order does not confer blanket protections on all 5 disclosures or responses to discovery and that the protection it affords from public 6 disclosure and use extends only to the limited information or items that are entitled to 7 confidential treatment under the applicable legal principles and the provisions of this 8 Order. Any document that is not confidential, privileged, or otherwise protectable in its 9 entirety will not be filed under seal if the confidential portions can be redacted. If 10 documents can be redacted, then a redacted version for public viewing, omitting only the 11 confidential, privileged, or otherwise protectable portions of the document, shall be filed. 12 Any application that seeks to file documents under seal in their entirety should include 13 an explanation of why redaction is not feasible. 14 15 1. DEFINITIONS 16 The following capitalized words, as used in this Order, shall be given the meaning 17 attributed to them as follows: 18 1.1. Action: this pending federal lawsuit, Case No. 2:22-cv-08590-MEMF-SK. 19 1.2. Challenging Party: A Party or Non-Party that challenges the designation of 20 i nformation or items under this Order. 21 1.3. “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 1.4. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information 26 or Items: extremely sensitive “CONFIDENTIAL” Information or Items, the disclosure 27 of which to another Party or Non-Party would create a substantial risk of serious harm 28 that could not be avoided by less restrictive means. 1 1.5. Counsel: Outside Counsel of Record and House Counsel (as well as their 2 s upport staff). 3 1.6. Designating Party: A Party or Non-Party that designates information or 4 i tems that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” 5 or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” 6 1.7. Disclosure or Discovery Material: all items or information, regardless of the 7 medium or manner in which it is generated, stored, or maintained (including, among other 8 things, testimony, transcripts, and tangible things), that are produced or generated in 9 disclosures or responses to discovery in this Action. 10 1.8. Expert: a person with specialized knowledge or experience in a matter 11 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 12 expert witness or as a consultant in this Action. 13 1.9. House Counsel: attorneys who are employees of a Party to this Action. 14 House Counsel does not include Outside Counsel of Record or any other outside counsel. 15 1.10. Non-Party: any natural person, partnership, corporation, association, or 16 other legal entity not named as a Party to this action. 17 1.11. Outside Counsel of Record: attorneys who are not employees of a Party to 18 this Action but are retained to represent or advise a Party to this Action and have appeared 19 in this Action on behalf of that Party or are affiliated with a law firm which has appeared 20 o n behalf of that Party and includes support staff. 21 1.12. Party: any party to this Action, including all of its officers, directors, 22 employees, consultants, retained experts, and Outside Counsel of Record (and their 23 support staff). 24 1.13. Producing Party: A Party or Non-Party that produces Disclosure or 25 Discovery Material in this Action. 26 1.14. Professional Vendors: persons or entities that provide litigation support 27 services (e.g., photocopying, videotaping, translating, preparing exhibits or 28 1 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 2 t heir employees and subcontractors. 3 1.15. Designated Material: any Disclosure or Discovery Material that is labeled, 4 m arked, denoted, or otherwise designated as “CONFIDENTIAL” or “HIGHLY 5 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 6 1.16. Receiving Party: A Party that receives Disclosure or Discovery Material 7 from a Producing Party. 8 9 2. SCOPE 10 Any use of Designated Material at trial shall be governed by the orders of the trial 11 judge. This Order does not govern the use of Designated Material at trial. The protections 12 conferred by this Order cover not only Designated Material (as defined above), but also 13 (1) any information copied or extracted from Designated Material; (2) all copies, 14 excerpts, summaries, or compilations of Designated Material; and (3) any testimony, 15 conversations, or presentations by Parties or their Counsel that might reveal Designated 16 Material. 17 18 3. DURATION 19 FINAL DISPOSITION of the action is defined as the conclusion of any appellate 20 p roceedings, or, if no appeal is taken, when the time for filing of an appeal has run. 21 Except as set forth below, the terms of this Order apply through the FINAL 22 DISPOSITION of this Action. The Parties may stipulate that they will be contractually 23 bound by the terms of this Order beyond FINAL DISPOSITION but will have to file a 24 separate action for enforcement of this Order once all proceedings in this Action are 25 complete. Once a case proceeds to trial, information that was designated as 26 CONFIDENTIAL or maintained pursuant to this Order used or introduced as an exhibit 27 at trial becomes public and will be presumptively available to all members of the public, 28 including the press, unless compelling reasons supported by specific factual findings to 1 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 2 F .3d at 1180-81 (distinguishing “good cause” showing for sealing documents produced 3 in discovery from “compelling reasons” standard when merits-related documents are part 4 o f court record). Accordingly, for such materials, the terms of this Order do not extend 5 beyond the commencement of the trial. 6 7 4. DESIGNATION 8 4.1. Exercise of Restraint and Care in Designating Material for Protection. Each 9 Party or Non-Party that designates information or items for protection under this Order 10 must take care to limit any such designation to specific material that qualifies under the 11 appropriate standards. 12 4.2. Precise Designation of Eligible Protected Content. The Designating Party 13 must designate for protection only those parts of material, documents, items, or oral or 14 written communications that qualify so that other portions of the material, documents, 15 items, or communications for which protection is not warranted are not swept 16 unjustifiably within the ambit of this Order. 17 4.3. Restrictions on Mass or Improper Designations. Mass, indiscriminate, or 18 routinized designations are prohibited. Designations that are shown to be clearly 19 unjustified or that have been made for an improper purpose (e.g., to unnecessarily 20 e ncumber the case development process or to impose unnecessary expenses and burdens 21 on other parties) may expose the Designating Party to sanctions. 22 4.4. Withdrawal of Incorrectly Designated Protected Information. If it comes to 23 a Designating Party’s attention that information or items that it designated for protection 24 do not qualify for protection, that Designating Party must promptly notify all other Parties 25 that it is withdrawing the inapplicable designation. 26 4.5. Manner and Timing of Designations. Except as otherwise provided in this 27 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 28 1 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 2 m ust be clearly so designated before the material is disclosed or produced. 3 4.6. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 4 t o designate qualified information or items does not, standing alone, waive the 5 Designating Party’s right to secure protection under this Order for such material. Upon 6 timely correction of a designation, the Receiving Party must make reasonable efforts to 7 assure that the material is treated in accordance with the provisions of this Order. 8 4.7. Proper Designation. The Parties must properly designate the material or 9 information they intend to protect. 10 4.7.1. For information in documentary form (e.g., paper, or electronic documents, 11 but excluding transcripts of depositions or other pretrial or trial proceedings), the 12 Producing Party must affix, at a minimum, the legend “CONFIDENTIAL” or “HIGHLY 13 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” (hereinafter “CONFIDENTIAL” 14 legend or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY legend”), to 15 each page that contains protected material. If only a portion or portions of the material 16 on a page qualifies for protection, the Producing Party also must clearly identify the 17 protected portion(s) (e.g., by making appropriate markings in the margins). A Party or 18 Non-Party that makes original documents available for inspection need not designate 19 them for protection until after the inspecting Party has indicated which documents it 20 w ould like copied and produced. During the inspection and before the designation, all of 21 the material made available for inspection shall be deemed “CONFIDENTIAL – 22 ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents, 23 it wants copied and produced, the Producing Party must determine which documents, or 24 portions thereof, qualify for protection under this Order. Then, before producing the 25 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” or 26 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY legend” to each page that 27 contains Designated Material. If only a portion or portions of the material on a page 28 1 qualifies for protection, the Producing Party also must clearly identify the protected 2 p ortion(s) (e.g., by making appropriate markings in the margins). 3 4.7.2. For deposition transcripts and portions thereof taken in this action may be 4 d esignated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 5 EYES ONLY” during the deposition or after, in which case the portion of the transcript 6 intended to be protected under this Order shall be marked or otherwise identified in the 7 transcript by the Court Reporter as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL 8 – ATTORNEYS’ EYES ONLY.” The designated testimony shall be bound in a separate 9 volume and marked by the reporter accordingly. Where testimony is designated 10 during the deposition, the Designating Party shall have the right to exclude, at those 11 portions of the deposition, all persons not authorized by the terms of this Order to receive 12 such Designated Material Within thirty (30) days after a deposition transcript is certified 13 by the court reporter, any party may designate pages of the transcript and/or its exhibits 14 as Designated Material. During such thirty (30) day period, the transcript in its entirety 15 shall be treated as “CONFIDENTIAL” (except for those portions identified earlier as 16 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” which shall be treated 17 accordingly from the date of designation). If any party so designates such material, the 18 parties shall provide written notice of such designation to all parties within the thirty (30) 19 day period. Designated Material within the deposition transcript or the exhibits thereto 20 m ay be identified in writing by page and line, or by underlining and marking such 21 portions “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 22 ONLY” and providing such marked-up portions to all counsel. 23 4.7.3. For information produced in alternative forms other than documentary and 24 for any other tangible items, the Producing Party must affix in a prominent place on the 25 exterior of the container or containers in which the information is stored the legend 26 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” 27 If only a portion or portions of the information warrants protection, the Producing Party, 28 to the extent practicable, shall identify the protected portion(s). 1 5. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 5.1. Timing of Challenges. Any Party or Non-Party may challenge a designation 3 of confidentiality at any time that is consistent with the Court’s scheduling order. 4 5.2. Meet and Confer. The Parties acknowledge that the Challenging Party shall 5 initiate the dispute resolution process under Local Rule 37.1 et seq. 6 5.3. Burden of Proof. The burden of persuasion in any such challenge 7 proceeding shall be on the Challenging Party. Frivolous challenges, and those made for 8 an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 9 other parties) may expose the Challenging Party to sanctions. Unless the Designating 10 Party has waived or withdrawn the confidentiality designation, all Parties shall continue 11 to afford the material in question the level of protection to which it is entitled under the 12 Producing Party’s designation until the Court rules on the challenge. 13 14 6. ACCESS TO AND USE OF DESIGNATED MATERIAL 15 6.1. Basic Principles. A Receiving Party may use Designated Material that is 16 disclosed or produced by another Party or by a Non-Party in connection with this Action 17 only for prosecuting, defending, or attempting to settle this Action. Such Designated 18 Material may be disclosed only to the categories of persons and under the conditions 19 described in this Order. When this Action has been terminated, the Receiving Party must 20 c omply with the provisions of section 13 below (FINAL DISPOSITION). 21 6.2. Protocols for Secure Storage. Designated Material must be stored and 22 maintained by a 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 6.3. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 25 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 26 may disclose “CONFIDENTIAL” Information or Items only to: 27 28 1 6.3.1. the Receiving Party’s Outside Counsel of Record in this Action, as well as 2 e mployees of said Outside Counsel of Record to whom it is reasonably necessary to 3 disclose the information for this Action; 4 6.3.2. the officers, directors, and employees (including House Counsel) of the 5 Receiving Party to whom disclosure is reasonably necessary for this Action; 6 6.3.3. Expert(s) (as defined in this Order) of the Receiving Party to whom 7 disclosure is reasonably necessary for this Action and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 6.3.4. the court and its personnel; 10 6.3.5. court reporters and their staff; 11 6.3.6. professional jury or trial consultants, mock jurors, and Professional Vendors 12 to whom disclosure is reasonably necessary for this Action and who have signed the 13 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 6.3.7. the author or recipient of a document containing the information or a 15 custodian or other person who otherwise possessed or knew the information; 16 6.3.8. during their depositions, witnesses, and attorneys for witnesses, in the 17 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 18 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not 19 be permitted to keep any confidential information unless they sign the “Acknowledgment 20 a nd Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 21 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to 22 depositions that reveal Designated Material may be separately bound by the court 23 reporter and may not be disclosed to anyone except as permitted under this Stipulated 24 Protective Order; and 25 6.3.9. any mediator or settlement officer, and their supporting personnel, mutually 26 agreed upon by any of the parties engaged in settlement discussions. 27 6.4. Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 28 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 1 writing by the Designating Party, a Receiving Party may disclose any information or item 2 d esignated “CONFIDENTIAL” only to: 3 6.4.1. the Receiving Party’s Outside Counsel of Record in this Action, as well as 4 e mployees of said Outside Counsel of Record to whom it is reasonably necessary to 5 disclose the information for this Action; 6 6.4.2. Experts (as defined in this Order) of the Receiving Party to whom disclosure 7 is reasonably necessary for this Action and who have signed the “Acknowledgment and 8 Agreement to Be Bound” (Exhibit A); 9 6.4.3. the court and its personnel; 10 6.4.4. private court reporters and their staff to whom disclosure is reasonably 11 necessary for this Action and who have signed the “Acknowledgment and Agreement to 12 Be Bound” (Exhibit A); 13 6.4.5. professional jury or trial consultants, mock jurors, and Professional Vendors 14 to whom disclosure is reasonably necessary for this Action and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 6.4.6. the author or recipient of a document containing the information or a 17 custodian or other person who otherwise possessed or knew the information; and 18 6.4.7. any mediator or settlement officer, and their supporting personnel, mutually 19 agreed upon by any of the parties engaged in settlement discussions. 20 6.5. Examination Rights with Designated Material. Nothing herein in any way 21 restricts the ability of the Receiving Party to use “CONFIDENTIAL,” “HIGHLY 22 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” material produced to it in examining 23 or cross-examining any employee or consultant of the Designating Party. 24 6.6. Attorney's Use of Designated Material. Nothing herein shall bar any 25 attorney in the course of rendering advice to such attorney’s client with respect to this 26 litigation from conveying to any party client the attorney’s evaluation in a general way 27 of HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY information produced or 28 exchanged under the terms of this Order; provided, however, that in rendering such 1 advice and otherwise communicating with the client, the attorney shall not disclose the 2 s pecific contents of any HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY 3 produced by another party if such disclosure would be contrary to the terms of this 4 C onfidentiality Agreement. The Parties further agree that Plaintiff is free to name 5 revealed alleged infringers as defendants in lawsuit, notwithstanding any Party’s 6 designation of documents showing such information as HIGHLY CONFIDENTIAL 7 ATTORNEYS’ EYES ONLY. 8 9 7. DESIGNATED MATERIAL SUBPOENAED OR ORDERED 10 PRODUCED IN OTHER LITIGATION(S) 11 7.1. If the Designating Party timely seeks a protective order, the Party served 12 with the subpoena or court order shall not produce any information designated in this 13 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 14 ONLY” before a determination by the court from which the subpoena or order issued, 15 unless the Party has obtained the Designating Party’s permission. 16 7.2. The Designating Party shall bear the burden and expense of seeking 17 protection in that court of its confidential material and nothing in these provisions should 18 be construed as authorizing or encouraging a Receiving Party in this Action to disobey a 19 lawful directive from another court. 20 7.3. If a Party is served with a subpoena or a court order issued in other litigation 21 that compels disclosure of any information or items designated in this Action as 22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY,” 23 that Party must: 24 7.4. promptly notify in writing the Designating Party providing a copy of the 25 subpoena or court order; 26 7.5. promptly notify in writing the party who caused the subpoena or order to 27 issue in the other litigation that some or all of the material covered by the subpoena or 28 order is subject to this Protective Order along with a copy of this Protective Order; and 1 7.6. cooperate with respect to all reasonable procedures sought or pursued by the 2 D esignating Party whose Designated Material may be affected. 3 4 8. NON-PARTY(S) 5 8.1. The terms of this Order are applicable to information produced by a Non- 6 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 7 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” Such information produced by 8 Non-Parties in connection with this Action is protected by the remedies and relief 9 provided by this Order. Nothing in these provisions should be construed as prohibiting a 10 Non-Party from seeking additional protections. 11 8.2. If the Non-Party fails to seek a protective order from this Court within 14 12 days of receiving the notice and accompanying information, the Receiving Party may 13 produce the Non-Party’s confidential information responsive to the discovery request. If 14 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 15 information in its possession or control that is subject to the confidentiality agreement 16 with the Non-Party before a determination by the court. Absent a court order to the 17 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 18 court of its Designated Material. 19 8.3. If a Party is required, by a valid discovery request, to produce a Non-Party’s 20 c onfidential information in its possession, and the Party is subject to an agreement with 21 the Non-Party not to produce the Non-Party’s confidential information, then the Party 22 shall: 23 8.4. promptly notify in writing the Requesting Party and the Non-Party that some 24 or all of the information requested is subject to a confidentiality agreement with a Non- 25 Party; 26 8.5. promptly provide the Non-Party with a copy of this Order in this Action, the 27 relevant discovery request(s), and a reasonably specific description of the information 28 requested; and 1 8.6. make the information requested available for inspection by the Non-Party, 2 i f requested. 3 4 9. UNAUTHORIZED DISCLOSURE OF DESIGNATED MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 6 Designated Material to any person or in any circumstance not authorized under this 7 Order, the Receiving Party must immediately (a) notify in writing the Designating Party 8 of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies 9 of the Designated Material, (c) inform the person or persons to whom unauthorized 10 disclosures were made of all the terms of this Order, and (d) request such person or 11 persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached 12 hereto as Exhibit A. 13 14 10. PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 15 10.1. Federal Rule of Civil Procedure 26(b)(5)(B). When processing certain 16 material subject to a claim of privilege or other forms of protections, the obligations of 17 the Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This Order 18 is not intended to modify whatever procedure may be established in an e-discovery order 19 that provides for production without prior privilege review. 20 10.2. Filing Protected Material. A Party that seeks to file under seal any protected 21 material must comply with Local Civil Rule 79-5. Protected material may only be filed 22 under seal pursuant to a court order authorizing the sealing of the specific protected 23 material at issue. If a Party’s request to file protected material under seal is denied by 24 the court, then the other Party may file the information in the public record unless 25 otherwise instructed by the Court. 26 10.3. Federal Rule of Evidence. Pursuant to Federal Rule of Evidence 502(d) and 27 (e), as far as the parties reach an agreement on the effect of disclosure of a communication 28 or information covered by the attorney-client privilege or work product protection, the 1 parties may incorporate their agreement in the stipulated protective order submitted to 2 t he court. 3 4 11. MISCELLANEOUS 5 11.1. Right to Further Relief. Nothing in this Order abridges the right of any 6 person to seek its modification in the future. 7 11.2. Right to Assert Other Objections. By stipulating to the entry of this 8 Protective Order, no Party waives any right it otherwise would have to object to 9 disclosing or producing any information or item on any ground not addressed in this 10 Protective Order. Similarly, neither Party waives any right to object on any ground to use 11 in evidence of any of the material covered by this Protective Order. 12 13 12. FINAL DISPOSITION 14 After the final disposition of this Action, as defined in paragraph 3, within 60 days 15 of a written request by the Designating Party, each Receiving Party must return all 16 Designated Material to the Producing Party or destroy such material. As used in this 17 subdivision, “all Designated Material” includes all copies, abstracts, compilations, 18 summaries, and any other format reproducing or capturing any of the Designated 19 Material. Whether the Designated Material is returned or destroyed, the Receiving Party 20 m ust submit a written certification to the Producing Party (and, if not the same person or 21 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, 22 where appropriate) all the Designated Material that was returned or destroyed and (2) 23 affirms that the Receiving Party has not retained any copies, abstracts, compilations, 24 summaries or any other format reproducing or capturing any of the Designated Material. 25 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 26 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 27 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 28 consultant and expert work product, even if such materials contain Designated Material. 1 || Any such archival copies that contain or constitute Designated Material remain subject 2 || to this Protective Order as set forth in Section 3 (DURATION). 3 4 13. VIOLATION 5 Any violation of this Order may be punished by all appropriate measures 6 |) including, without limitation, contempt proceedings and/or monetary sanctions. 7 8 The undersigned attests that all signatories listed, and on whose behalf this filing 9 || is submitted, concur in the filing’s content, and have authorized the filing. 10 11 12 13 || Dated: September 8, 2023 /GWI By: Gary F. Wang (SBN 195656) 14 Law Offices of Gary F. Wang 15 . Attorneys for Plaintiff/ Counter Defendant 16 17 18 || Dated: September 8, 2023 INC/ 19 By: Nathan B. Camuti (SBN: 300568) CAMUTI LAW GROUP APC 20 Attorney for Defendants/Counterclaim Plaintiffs 21 22 ORDER 23 GOOD CAUSE APPEARING, the Court hereby approves this Stipulated 24 Protective Order. 25 SO, ORDERED.

27 Steve Kim, U.S. Magistrate Judge 28 Dated: September 13, 2023

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury that I 5 have read in its entirety and understand the Stipulated Protective Order that was issued 6 by the United States District Court for the Central District of California on [date] in the 7 case of Premiertek v. Wei Bing Marc et al. 2:22-cv-08590-MEMF-SK. I agree to 8 comply with and to be bound by all the terms of this Stipulated Protective Order and I 9 understand and acknowledge that failure to comply could expose me to sanctions and 10 punishment in contempt. I solemnly promise that I will not disclose in any manner any 11 information or item that is subject to this Stipulated Protective Order to any person or 12 entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for 14 the Central District of California for the purpose of enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of this 16 action. I hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone 18 number] as my California agent for service of process in connection with this action or 19 any proceedings related to enforcement of this Stipulated Protective Order. 20 21 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23 24 Printed name: _______________________________ 25 Signature: ____________ 26 27 28