1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 PI-YUN KUNG, ) Case No. 8:23-cv-00763-FWS-JDE 13 Plaintiff, ) ) v. ) STIPULATED PROTECTIVE 14 CAPITAL ONE BANK (USA), ) ORDER N.A.; THE LAW OFFICES OF ) 15 NELSON & KENNARD; ) ) 16 EQUIFAX INFORMATION ) SERVICES LLC; TRANS UNION ) 17 LLC; AND EXPERIAN ) INFORMATION SOLUTIONS, ) 18 ) INC. ) 19 Defendants. 20 1. PURPOSES AND LIMITATIONS 21 Discovery in this action is likely to involve production of confidential, 22 proprietary or private information for which special protection from public 23 24 disclosure and from use for any purpose other than pursuing this litigation may 25 be warranted. Accordingly, the parties, Plaintiff Pi-Yun Kung; Capital One, 26 N.A., successor-by-merger to Capital One Bank (USA), N.A.; The Law 27 Offices Of Nelson & Kennard; Equifax Information Services LLC; Trans 28 Union LLC and Experian Information Solutions, Inc., through counsel, 1 hereby stipulate to and petition the Court to enter the following Stipulated 2 Protective Order. The parties acknowledge that this Order does not confer 3 blanket protections on all disclosures or responses to discovery and that the 4 protection it affords from public disclosure and use extends only to the limited 5 information or items that are entitled to confidential treatment under the 6 applicable legal principles. 7 2. GOOD CAUSE STATEMENT 8 This action is likely to involve trade secrets, commercial, financial, 9 technical and/or proprietary information for which special protection from 10 public disclosure and from use for any purpose other than prosecution of this 11 action is warranted. Such confidential and proprietary materials and 12 information consist of, among other things, confidential business or financial 13 information, information regarding confidential business practices, or other 14 confidential research, development, or commercial information (including 15 information implicating privacy rights of third parties), information otherwise 16 generally unavailable to the public, or which may be privileged or otherwise 17 protected from disclosure under state or federal statutes, court rules, case 18 decisions, or common law. Accordingly, to expedite the flow of information, 19 to facilitate the prompt resolution of disputes over confidentiality of discovery 20 21 materials, to adequately protect information the parties are entitled to keep 22 confidential, to ensure that the parties are permitted reasonable necessary uses 23 of such material in preparation for and in the conduct of trial, to address their 24 handling at the end of the litigation, and serve the ends of justice, a protective 25 order for such information is justified in this matter. It is the intent of the 26 parties that information will not be designated as confidential for tactical 27 reasons and that nothing be so designated without a good faith belief that it has 28 been maintained in a confidential, non-public manner, and there is good cause 1 why it should not be part of the public record of this case. 2 3. ACKNOWLEDGMENT OF UNDER SEAL FILING 3 PROCEDURE 4 The parties further acknowledge, as set forth in Section 14.3, below, that 5 this Stipulated Protective Order does not entitle them to file confidential 6 information under seal; Local Civil Rule 79-5 sets forth the procedures that 7 must be followed and the standards that will be applied when a party seeks 8 permission from the court to file material under seal. There is a strong 9 presumption that the public has a right of access to judicial proceedings and 10 records in civil cases. In connection with non-dispositive motions, good cause 11 must be shown to support a filing under seal. See Kamakana v. City and 12 County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. 13 Motors Corp.,

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

(E.D. Wis. 1999) (even stipulated 15 protective orders require good cause showing), and a specific showing of good 16 cause or compelling reasons with proper evidentiary support and legal 17 justification, must be made with respect to Protected Material that a party 18 seeks to file under seal. The parties’ mere designation of Disclosure or 19 Discovery Material as CONFIDENTIAL does not— without the submission 20 21 of competent evidence by declaration, establishing that the material sought to 22 be filed under seal qualifies as confidential, privileged, or otherwise 23 protectable—constitute good cause. 24 Further, if a party requests sealing related to a dispositive motion or trial, 25 then compelling reasons, not only good cause, for the sealing must be shown, 26 and the relief sought shall be narrowly tailored to serve the specific interest to 27 be protected. See Pintos v. Pacific Creditors Ass’n.,

(9th 28 Cir. 2010). For each item or type of information, document, or thing sought to 1 be filed or introduced under seal, the party seeking protection must articulate 2 compelling reasons, supported by specific facts and legal justification, for the 3 requested sealing order. Again, competent evidence supporting the application 4 to file documents under seal must be provided by declaration. 5 Any document that is not confidential, privileged, or otherwise 6 protectable in its entirety will not be filed under seal if the confidential portions 7 can be redacted. If documents can be redacted, then a redacted version for 8 public viewing, omitting only the confidential, privileged, or otherwise 9 protectable portions of the document, shall be filed. Any application that seeks 10 to file documents under seal in their entirety should include an explanation of 11 why redaction is not feasible. 12 4. DEFINITIONS 13 4.1 Action: Kung v. Capital One Bank (USA), N.A., et al.; Case No.: 14 8:23-cv-00763-FWS-JDE (C.D. Cal.). 15 4.2 Challenging Party: a Party or Non-Party that challenges the 16 designation of information or items under this Order. 17 4.3 “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ 18 EYES ONLY” Information or Items: information (regardless of how it is 19 20 generated, stored or maintained) or tangible things that qualify for protection 21 under Federal Rule of Civil Procedure 26(c), and as specified above in the 22 Good Cause Statement. 23 4.4 Counsel: Outside Counsel of Record and House Counsel (as well 24 as their support staff). 25 4.5 Designating Party: a Party or Non-Party that designates 26 information or items that it produces in disclosures or in responses to discovery 27 as “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES 28 ONLY.” 1 4.6 Disclosure or Discovery Material: all items or information, 2 regardless of the medium or manner in which it is generated, stored, or 3 maintained (including, among other things, testimony, transcripts, and tangible 4 things), that are produced or generated in disclosures or responses to discovery. 5 4.7 Expert: a person with specialized knowledge or experience in a 6 matter pertinent to the litigation who has been retained by a Party or its 7 counsel to serve as an expert witness or as a consultant in this Action. 8 4.8 House Counsel: attorneys who are employees of a party to this 9 Action. House Counsel does not include Outside Counsel of Record or any 10 other outside counsel. 11 4.9 Non-Party: any natural person, partnership, corporation, 12 association or other legal entity not named as a Party to this action. 13 4.10 Outside Counsel of Record: attorneys who are not employees of a 14 party to this Action but are retained to represent a party to this Action and 15 have appeared in this Action on behalf of that party or are affiliated with a law 16 firm that has appeared on behalf of that party, and includes support staff. 17 4.11 Party: any party to this Action, including all of its officers, 18 directors, employees, consultants, retained experts, and Outside Counsel of 19 Record (and their support staffs). 20 21 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 22 Discovery Material in this Action. 23 4.13 Professional Vendors: persons or entities that provide litigation 24 support services (e.g., photocopying, videotaping, translating, preparing 25 exhibits or demonstrations, and organizing, storing, or retrieving data in any 26 form or medium) and their employees and subcontractors. 27 4.14 Protected Material: any Disclosure or Discovery Material that is 28 designated as “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ 1 EYES ONLY.” 2 4.15 Receiving Party: a Party that receives Disclosure or Discovery 3 Material from a Producing Party. 4 5. SCOPE 5 The protections conferred by this Stipulation and Order cover not only 6 Protected Material (as defined above), but also (1) any information copied or 7 extracted from Protected Material; (2) all copies, excerpts, summaries, or 8 compilations of Protected Material; and (3) any testimony, conversations, or 9 presentations by Parties or their Counsel that might reveal Protected Material. 10 Any use of Protected Material at trial shall be governed by the orders of 11 the trial judge and other applicable authorities. This Order does not govern the 12 use of Protected Material at trial. 13 6. DURATION 14 Once a case proceeds to trial, information that was designated as 15 CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES ONLY or 16 maintained pursuant to this protective order used or introduced as an exhibit at 17 trial becomes public and will be presumptively available to all members of the 18 public, including the press, unless compelling reasons supported by specific 19 factual findings to proceed otherwise are made to the trial judge in advance of 20 21 the trial. See Kamakana,

(distinguishing “good cause” 22 showing for sealing documents produced in discovery from “compelling 23 reasons” standard when merits-related documents are part of court record). 24 Accordingly, the terms of this protective order do not extend beyond the 25 commencement of the trial. 26 7. DESIGNATING PROTECTED MATERIAL 27 7.1 Exercise of Restraint and Care in Designating Material for 28 Protection. Each Party or Non-Party that designates information 1 or items for protection under this Order must take care to limit any such 2 designation to specific material that qualifies under the appropriate standards. 3 The Designating Party must designate for protection only those parts of 4 material, documents, items or oral or written communications that qualify so 5 that other portions of the material, documents, items or communications for 6 which protection is not warranted are not swept unjustifiably within the ambit 7 of this Order. 8 Mass, indiscriminate or routinized designations are prohibited. 9 Designations that are shown to be clearly unjustified or that have been made 10 for an improper purpose (e.g., to unnecessarily encumber the case development 11 process or to impose unnecessary expenses and burdens on other parties) may 12 expose the Designating Party to sanctions. 13 If it comes to a Designating Party’s attention that information or items 14 that it designated for protection do not qualify for protection, that Designating 15 Party must promptly notify all other Parties that it is withdrawing the 16 inapplicable designation. 17 7.2 Manner and Timing of Designations. Except as otherwise 18 provided in this Order, or as otherwise stipulated or ordered, Disclosure of 19 Discovery Material that qualifies for protection under this Order must be 20 21 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 24 documents, but excluding transcripts of depositions or other pretrial or trial 25 proceedings), that the Producing Party affix at a minimum, the legend 26 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page 27 that contains protected material. 28 1 If a Producing Party believes in good faith that, despite the provisions of 2 this Order, there is a substantial risk of identifiable harm to the Producing 3 Party if particular documents it designates as “Confidential” are disclosed to 4 all other Parties or Non-Parties to this action, the Producing Party may 5 designate those particular documents as “CONFIDENTIAL—ATTORNEYS’ 6 EYES ONLY” (hereinafter “AEO legend”). 7 If only a portion of the material on a page qualifies for protection, the 8 Producing Party also must clearly identify the protected portion(s) (e.g., by 9 making appropriate markings in the margins). 10 A Party or Non-Party that makes original documents available for 11 inspection need not designate them for protection until after the inspecting 12 Party has indicated which documents it would like copied and produced. 13 During the inspection and before the designation, all of the material made 14 available for inspection shall be deemed “CONFIDENTIAL.” After the 15 inspecting Party has identified the documents it wants copied and produced, 16 the Producing Party must determine which documents, or portions thereof, 17 qualify for protection under this Order. Then, before producing the specified 18 documents, the Producing Party must affix the “CONFIDENTIAL legend” or 19 “AEO legend” to each page that contains Protected Material. If only a portion 20 21 of the material on a page qualifies for protection, the Producing Party also 22 must clearly identify the protected portion(s) (e.g., by making appropriate 23 markings in the margins). 24 (b) for testimony given in depositions that the Designating Party 25 identifies the Disclosure or Discovery Material on the record, before the close 26 of the deposition all protected testimony. 27 (c) for information produced in some form other than 28 documentary and for any other tangible items, that the Producing Party affix 1 in a prominent place on the exterior of the container or containers in which the 2 information is stored the legend “CONFIDENTIAL” or 3 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” If only a portion or 4 portions of the information warrants protection, the Producing Party, to the 5 extent practicable, shall identify the protected portion(s). 6 7.3 Inadvertent Failures to Designate. If timely corrected, an 7 inadvertent failure to designate qualified information or items does not, 8 standing alone, waive the Designating Party’s right to secure protection under 9 this Order for such material. Upon timely correction of a designation, the 10 Receiving Party must make reasonable efforts to assure that the material is 11 treated in accordance with the provisions of this Order. 12 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 14 designation of confidentiality at any time that is consistent with the Court’s 15 Scheduling Order. 16 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 17 resolution process under Local Rule 37-1 et seq. 18 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 19 joint stipulation pursuant to Local Rule 37-2. 20 21 8.4 The burden of persuasion in any such challenge proceeding shall be 22 on the Designating Party. Frivolous challenges, and those made for an 23 improper purpose (e.g., to harass or impose unnecessary expenses and burdens 24 on other parties) may expose the Challenging Party to sanctions. Unless the 25 Designating Party has waived or withdrawn the confidentiality designation, all 26 parties shall continue to afford the material in question the level of protection 27 to which it is entitled under the Producing Party’s designation until the Court 28 rules on the challenge. 1 9. ACCESS TO AND USE OF PROTECTED MATERIAL 2 9.1 Basic Principles. A Receiving Party may use Protected Material that 3 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 5 Action. Such Protected Material may be disclosed only to the categories of 6 persons and under the conditions described in this Order. When the Action has 7 been terminated, a Receiving Party must comply with the provisions of section 8 15 below (FINAL DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party 10 at a location and in a secure manner that ensures that access is limited to the 11 persons authorized under this Order. 12 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 13 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 is 18 reasonably necessary to disclose the information for this Action; 19 (b) the officers, directors, and employees (including House 20 21 Counsel) of the Receiving Party to whom disclosure is reasonably necessary 22 for this Action; 23 (c) Experts (as defined in this Order) of the Receiving Party to 24 whom disclosure is reasonably necessary for this Action and who have signed 25 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (d) the court and its personnel; 27 (e) court reporters and their staff; 28 (f) professional jury or trial consultants, mock jurors, and 1 Professional Vendors to whom disclosure is reasonably necessary for this 2 Action and who have signed the “Acknowledgment and Agreement to Be 3 Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the 5 information or a custodian or other person who otherwise possessed or knew 6 the information; 7 (h) during their depositions, witnesses, and attorneys for witnesses, 8 in the Action to whom disclosure is reasonably necessary provided: (1) the 9 deposing party requests that the witness sign the form attached as Exhibit A 10 hereto; and (2) they will not be permitted to keep any confidential information 11 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit 12 A), unless otherwise agreed by the Designating Party or ordered by the court. 13 Pages of transcribed deposition testimony or exhibits to depositions that reveal 14 Protected Material may be separately bound by the court reporter and may not 15 be disclosed to anyone except as permitted under this Stipulated Protective 16 Order; and 17 (i) any mediators or settlement officers and their supporting 18 personnel, mutually agreed upon by any of the parties engaged in settlement 19 discussions. 20 21 9.3 Disclosure of “CONFIDENTIAL—ATTORNEYS’ EYES 22 ONLY” Information or Items. Unless otherwise ordered by the court or 23 permitted in writing by the Designating Party, a Receiving Party may disclose 24 any information or item designated “CONFIDENTIAL—ATTORNEYS’ 25 EYES ONLY” only to: 26 (a) the Receiving Party’s Outside Counsel of Record in this 27 Action, as well as employees of said Outside Counsel of Record to whom it is 28 reasonably necessary to disclose the information for this Action and who have 1 signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A); 2 (b) Experts (as defined in this Order) of the Receiving Party to 3 whom disclosure is reasonably necessary for this Action and who have signed 4 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 5 (d) the court and its personnel; 6 (e) court reporters, their staffs, and professional vendors to whom 7 disclosure is reasonably necessary for this litigation and who have signed the 8 “Acknowledgement and Agreement to Be Bound” (Exhibit A); and 9 (f) the author of the document or the original source of the 10 information. 11 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 12 PRODUCED IN OTHER LITIGATION 13 If a Party is served with a subpoena or a court order issued in other 14 litigation that compels disclosure of any information or items designated in this 15 Action as “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ 16 EYES ONLY,” that Party must: 17 (a) promptly notify in writing the Designating Party. Such 18 notification shall include a copy of the subpoena or court order; 19 (b) promptly notify in writing the party who caused the subpoena 20 21 or order to issue in the other litigation that some or all of the material covered 22 by the subpoena or order is subject to this Protective Order. Such notification 23 shall include a copy of this Stipulated Protective Order; and 24 (c) cooperate with respect to all reasonable procedures sought to be 25 pursued by the Designating Party whose Protected Material may be affected. If 26 the Designating Party timely seeks a protective order, the Party served with the 27 subpoena or court order shall not produce any information designated in this 28 action as “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ 1 EYES ONLY” before a determination by the court from which the subpoena 2 or order issued, unless the Party has obtained the Designating Party’s 3 permission. The Designating Party shall bear the burden and expense of 4 seeking protection in that court of its confidential material and nothing in these 5 provisions should be construed as authorizing or encouraging a Receiving 6 Party in this Action to disobey a lawful directive from another court. 7 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 8 BE PRODUCED IN THIS LITIGATION 9 (a) The terms of this Order are applicable to information produced 10 11 by a Non-Party in this Action and designated as “CONFIDENTIAL” or 12 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” Such information 13 produced by Non-Parties in connection with this litigation is protected by the 14 remedies and relief provided by this Order. Nothing in these provisions should 15 be construed as prohibiting a Non-Party from seeking additional protections. 16 (b) In the event that a Party is required, by a valid discovery 17 request, to produce a Non-Party’s confidential information in its possession, 18 and the Party is subject to an agreement with the Non-Party not to produce the 19 Non-Party’s confidential information, then the Party shall: 20 (1) promptly notify in writing the Requesting Party and the Non- 21 Party that some or all of the information requested is subject to a 22 confidentiality agreement with a Non-Party; 23 (2) promptly provide the Non-Party with a copy of the Stipulated 24 Protective Order in this Action, the relevant discovery request(s), and a 25 reasonably specific description of the information requested; and 26 (3) make the information requested available for inspection by the 27 Non-Party, if requested. 28 1 (c) If the Non-Party fails to seek a protective order from this court 2 within 14 days of receiving the notice and accompanying information, the 3 Receiving Party may produce the Non-Party’s confidential information 4 responsive to the discovery request. If the Non-Party timely seeks a protective 5 order, the Receiving Party shall not produce any information in its possession 6 or control that is subject to the confidentiality agreement with the Non-Party 7 before a determination by the court. Absent a court order to the contrary, the 8 Non-Party shall bear the burden and expense of seeking protection in this court 9 of its Protected Material. 10 12. UNAUTHORIZED DISCLOSURE OF PROTECTED 11 MATERIAL

12 If a Receiving Party learns that, by inadvertence or otherwise, it has 13 disclosed Protected Material to any person or in any circumstance not 14 authorized under this Stipulated Protective Order, the Receiving Party must 15 immediately (a) notify in writing the Designating Party of the unauthorized 16 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 17 Protected Material, (c) inform the person or persons to whom unauthorized 18 disclosures were made of all the terms of this Order, and (d) request such 19 person or persons to execute the “Acknowledgment an Agreement to Be 20 21 Bound” attached hereto as Exhibit A. 22 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 23

24 When a Producing Party gives notice to Receiving Parties that certain 25 inadvertently produced material is subject to a claim of privilege or other 26 protection, the obligations of the Receiving Parties are those set forth in 27 Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 28 modify whatever procedure may be established in an e-discovery order that 1 provides for production without prior privilege review. Pursuant to Federal 2 Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on 3 the effect of disclosure of a communication or information covered by the 4 attorney-client privilege or work product protection, the parties may 5 incorporate their agreement in the stipulated protective order submitted to the 6 court. 7 14. MISCELLANEOUS 8 14.1 Right to Further Relief. Nothing in this Order abridges the right of 9 any person to seek its modification by the Court in the future. 10 14.2 Right to Assert Other Objections. By stipulating to the entry of this 11 Protective Order, no Party waives any right it otherwise would have to object 12 to disclosing or producing any information or item on any ground not 13 addressed in this Stipulated Protective Order. Similarly, no Party waives any 14 right to object on any ground to use in evidence of any of the material covered 15 by this Protective Order. 16 14.3 Filing Protected Material. A Party that seeks to file under seal any 17 Protected Material must comply with Local Civil Rule 79-5. Protected 18 Material may only be filed under seal pursuant to a court order authorizing the 19 sealing of the specific Protected Material. If a Party’s request to file Protected 20 21 Material under seal is denied by the court, then the Receiving Party may file 22 the information in the public record unless otherwise instructed by the court. 23 15. FINAL DISPOSITION 24 After the final disposition of this Action, as defined in paragraph 6, 25 within 60 days of a written request by the Designating Party, each Receiving 26 Party must return all Protected Material to the Producing Party or destroy such 27 material. As used in this subdivision, “all Protected Material” includes all 28 copies, abstracts, compilations, summaries, and any other format reproducing 1 or capturing any of the Protected Material. Whether the Protected Material is 2 returned or destroyed, the Receiving Party must submit a written certification 3 to the Producing Party (and, if not the same person or entity, to the 4 Designating Party) by the 60-day deadline that (1) identifies (by category, 5 where appropriate) all the Protected Material that was returned or destroyed 6 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 7 compilations, summaries or any other format reproducing or capturing any of 8 the Protected Material. Notwithstanding this provision, Counsel are entitled to 9 retain an archival copy of all pleadings, motion papers, trial, deposition, and 10 hearing transcripts, legal memoranda, correspondence, deposition and trial 11 exhibits, expert reports, attorney work product, and consultant and expert 12 work product, even if such materials contain Protected Material. Any such 13 archival copies that contain or constitute Protected Material remain subject to 14 this Protective Order as set forth in Section 6 (DURATION). 15 16. VIOLATION 16 Any violation of this Order may be punished by appropriate measures 17 including, without limitation, contempt proceedings and/or monetary 18 sanctions. 19 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 20 21 Dated: September 14, 2023 Respectfully submitted, 22 23 KAZEROUNI LAW GROUP, APC 24 25 By: /s/ Pamela E. Prescott, Esq. David J. McGlothlin, Esq. 26 Pamela E. Prescott, Esq. 27 Attorneys for Plaintiff 28 1 QUILLING, SELANDER, LOWNDS, WINSLETT & MOSER, P.C. 2

3 By: /s/ Ritika Singh 4 Ritika Singh, Esq. [email protected] 5 6900 N. Dallas Parkway, Suite 800 6 Plano, Texas 75024 Telephone: (214) 560-5442 7 Facsimile: (214) 871-2111 8 Attorney for Defendant Trans Union LLC

9 NELSON & KENNARD 10 11 By: /s/ Robert Scott Kennard Robert Scott Kennard, Esq. 12 [email protected] 13 5011 Dudley Blvd., Bldg. 250, Bay G McClellan, CA 95652 14 Telephone: (916) 920-2295 15 Facsimile: (916) 920-0682 Attorney for Defendant The Law Offices Of 16 Nelson & Kennard 17 JONES DAY 18

19 By: /s/ Hannah K. Bensen 20 Hannah K. Bensen, Esq. [email protected] 21 555 South Flower Street, 50th Floor 22 Los Angeles, CA 90071 Telephone: (213) 243-2477 23 Facsimile: (213) 243-2539 24 Attorney for Defendant Experian Information Solutions, Inc. 25

26 NOKES & QUINN 27 By: /s/ Thomas P. Quinn, Jr. 28 1 Thomas P. Quinn, Jr. 2 [email protected] 410 Broadway, Suite 200 3 Laguna Beach, CA 92651 4 Telephone: (949) 376-3500 Fax: (949) 376-3070 5 Attorney for Defendant 6 Equifax Information Services LLC 7 8 DOLL AMIR & ELEY LLP 9 By: /s/ Amy I. Borlund 10 Hunter R. Eley 11 [email protected] Amy I. Borlund 12 [email protected] 13 725 S. Figueroa Street, Suite 3275 Los Angeles, California 90017 Telephone: 213.542.3380 15 Fax: 213.542.3381 16 Attorneys for Defendant, CAPITAL ONE, N.A., 17 successor-by-merger to Capital One 18 Bank (USA), N.A. (erroneously sued as "Capital One Bank (USA) N.A.") 19 20 71 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 23 5A DATED: __ 09/14/2023 Ml 26 . J D. EARLY 27 United States Magistrate Judge 28

18

1 Exhibit A 2 Acknowledgment and Agreement to Be Bound 3 4 I,______________, declare under penalty of perjury that I have read in its 5 entirety and understand the Stipulated Protective Order that was issued by the 6 United States District Court for the Central District of California on , 7 2023 in the case of Kung v. Capital One Bank (USA), N.A., et al.; Case No.: 8 8:23-cv-00763-FWS-JDE (C.D. Cal). I agree to comply with and to be bound by 9 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 11 punishment in the nature of contempt. I solemnly promise that I will not disclose 12 in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the 14 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 the purpose of enforcing the terms 17 of this Stipulated Protective Order, even if such enforcement proceedings occur 18 after termination of this action. I hereby appoint________________, [print or 19 type full name] of ______________________________________________[print 20 or type full address and telephone number] as my California agent for service 21 of process in connection with this action or any proceedings related to 22 enforcement of this Stipulated Protective Order. 23 DATED:_____________________ 24 25 City and State where sworn and signed:________________________ 26 Printed name: ________________________ 27 Signature: ________________________ 28