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9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11

12 B.K., and N.Z., individually, and on behalf Case No. 2:23-cv-05021-SPG-PD of all others similarly situated, 13 STIPULATED PROTECTIVE 14 ORDER Plaintiffs,

15 v.

16 DESERT CARE NETWORK, DESERT 17 REGIONAL MEDICAL CENTER, INC., JFK MEMORIAL HOSPITAL, INC., and 18 TENET HEALTHCARE CORPORATION, 19

20 Defendants.

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22 23 24 25 26 27 1 1. PURPOSES AND LIMITATIONS 2 WHEREAS, Plaintiffs B.K. and N.Z. (collectively, “Plaintiffs”), and 3 Defendants Desert Care Network, Desert Regional Medical Center, Inc., JFK 4 Memorial Hospital, Inc., and Tenet Healthcare Corporation, (collectively, 5 “Defendants”), (“Plaintiffs” and “Defendants” together are herein known as the 6 “Parties”), agree that the proceedings in the above-referenced matter may involve the 7 discovery and disclosure of confidential, non-public, sensitive, and/or proprietary 8 business, employment, tax, financial, personally identifiable information, protected 9 health information, documents and other materials; 10 WHEREAS, the Parties agree that such “Confidential” or “Highly 11 Confidential” information should only be disclosed pursuant to the terms of this 12 Stipulated Protective Order (“Order”); 13 WHEREAS, the Parties agree that the confidential nature of certain 14 information, particularly sensitive commercial, financial, or business information, 15 personally identifiable information, and protected health information, establishes 16 good cause for the issuance of this Order; 17 WHEREAS, the Parties acknowledge that this Order does not confer blanket 18 provisions on all disclosures or responses to discovery and that the protection it 19 affords from public disclosure and use extends only to the limited information or 20 items that are entitled to confidential treatment under applicable legal principles; and 21 WHEREAS, the Parties further acknowledge, as set forth in Section 13 below, 22 that this Order does not entitle them to file confidential information under seal; Civil 23 Local Rule 79-5 sets forth the procedures that must be followed and standards that 24 will be applied when a party seeks permission from the court to file material under 25 seal. 26 THEREFORE, the Parties seek entry of an Order, governing the disclosure of 27 documents and information therein designated as “Confidential” or “Highly 1 of privileged information, documents, and data and affording the Parties certain 2 protections on the terms set forth herein. 3 Accordingly, it is ORDERED: 4 1.1 GOOD CAUSE STATEMENT 5 This action is likely to involve sensitive commercial, financial, or business 6 information, personally identifiable information, and protected health information. 7 Due to the nature of this case concerning transmission of protected health information, 8 among other information, via Meta Pixel technology, the materials and information 9 sought may involve sensitive, confidential health information. Such information is 10 unavailable to the public and protected by the Health Insurance Portability and 11 Accountability Act of 1996 (“HIPAA”).1 Accordingly, to expedite the flow of 12 information, to facilitate the prompt resolution of disputes over confidentiality of 13 discovery materials, to adequately protect information the Parties are entitled to keep 14 confidential, to ensure that the Parties are permitted reasonable, necessary uses of 15 such material in preparation for and in the conduct of trial, to address their handling 16 at the end of the litigation, and serve the ends of justice, a protective order for such 17 information is justified in this matter. It is the intent of the Parties that information 18 will not be designated as confidential or withheld for tactical reasons and that 19 nothing be so designated without a good faith belief that it has been maintained in a 20 confidential, non-public manner, and there is good cause why it should not be part 21 of the public record of this case. 22 2. DEFINITIONS 23 2.1 The below terms, as used herein, shall be defined as follows: 24 a. “Action” shall refer to the above-captioned action. 25

26 1 By way of this Order, Defendants do not in any way admit or concede that any of 27 the information purportedly collected or transmitted via any of the technologies identified in Plaintiffs’ Complaint constitutes personally identifying information or 1 b. “Confidential Information” shall mean information that a 2 Designating Party identifies as “Confidential.” Only information meeting the 3 following criteria may be designated as “Confidential” (unless the parties expressly 4 agree otherwise): Information (regardless of how generated, stored, or maintained) 5 that the Designating Party in good faith believes: (i) comprises trade secrets or 6 commercial information of the Designating Party that is not publicly known and is of 7 technical or commercial advantage to its possessor; (ii) contains sensitive Personal 8 Identifying Information or Protected Health Information; or (iii) contains information 9 over which the Designating Party has a duty or obligation to maintain confidentiality. 10 c. “Designating Party” shall mean the Party or Non-Party that 11 designates information produced in this Action as “Confidential” or “Highly 12 Confidential.” 13 d. “Expert” shall mean any individual with specialized knowledge or 14 expertise who is retained by a Party or its Counsel to serve as an expert witness or as 15 a consultant in the Action. 16 e. “Highly Confidential Information” shall mean information that a 17 Designating Party identifies as “Highly Confidential.” Only information meeting the 18 following criteria may be designated as “Highly Confidential” (unless the Parties 19 expressly agree otherwise): (1) highly sensitive technical information, including 20 current research, development and manufacturing information and patent prosecution 21 information, (2) highly sensitive business information, including highly sensitive 22 financial or marketing information and the identity of suppliers, distributors and 23 potential or actual customers, (3) competitive technical information, including 24 technical analyses or comparisons of competitor’s products or services, (4) 25 competitive business information, including non-public financial or marketing 26 analyses or comparisons of competitor’s products or services and strategic planning, 27 or (5) any other protected information the disclosure of which to non-qualified people 1 likely cause harm. Defendants contend that some of the information, data, and 2 documents that could potentially be relevant to this action may contain certain highly 3 proprietary and financially sensitive information relating to Defendants’ business 4 practices, including marketing efforts, that is competitively sensitive. 5 f. “Personal Identifying Information” or “PII” includes every data 6 element protected by state or federal law including, but not limited to, name, payment 7 card numbers, financial account numbers, Social Security numbers, addresses, phone 8 numbers, email addresses, driver’s license numbers or other state identification 9 numbers, Employer Identification numbers, Tax Identification numbers, passport 10 numbers, or a foreign government equivalent of any of these numbers or identifiers. 11 g. “Privileged Material” means material protected by the attorney- 12 client privilege or the attorney work product doctrine, or otherwise privileged or 13 protected under applicable law. 14 h. “Protected Health Information” or “PHI” shall have the same 15 definition as the definition of “Protected Health Information” under

160.103 provided, including but not limited to details about an individuals’ medical 17 conditions, treatments, medical providers sought, and appointments made, however, 18 that a Party’s treatment of information as PHI within the terms of this Order shall not 19 be construed as a concession or admission that such information qualifies as PHI under 20 any statute, regulation, or other law. 21 i. “Producing Party” shall mean a Party or Non-Party that produces 22 information in the Action. 23 j. “Protected Material” shall refer to any information designated as 24 “Confidential” or “Highly Confidential” pursuant to this Order. 25 k. “Receiving Party” shall mean a Party that receives information 26 from a Producing Party in the Action. 27 l. “Non-Party” shall refer to any natural person, partnership, 1 m. “Professional Vendors” shall refer to individuals or entities 2 engaged by a Party or its counsel to provide litigation support services with respect 3 to this Action (e.g., ESI vendors; photocopying; videotaping; translating; preparing 4 exhibits or demonstrations; organizing, storing, retrieving data in any form or 5 medium; investigators and consultants; court reporters), as well as their employees, 6 independent contractors, and subcontractors. 7 3. SCOPE 8 3.1 The protections conferred by this Order cover not only Protected Material 9 but also any information copied or extracted therefrom, and all copies, excerpts, 10 summaries, or compilations thereof, plus testimony, conversations, or presentations 11 by Parties or their counsel to or in Court or in other settings that might reveal Protected 12 Material. Nothing herein shall: (i) prevent a Producing Party from using or disclosing 13 its own discovery material in any manner; (ii) restrict the use or disclosure of any 14 information that is in the public domain at the time of disclosure to a Receiving Party 15 or becomes part of the public domain after its disclosure to a Receiving Party as a 16 result of publication not involving a violation of this Order, including becoming part 17 of the public record through trial or otherwise; or (iii) impose any restrictions on the 18 use or disclosure by a person of documents, materials, or information designated as 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” obtained lawfully by such 20 person independently of the discovery proceedings in this Action, and not otherwise 21 subject to confidentiality restrictions. Any use of Protected Material at trial shall be 22 governed by a separate agreement or order. 23 3.2 The production of any discovery material by any Non-Party shall be 24 subject to and governed by the terms of this Order. Any Party issuing a subpoena to 25 a non-Party shall enclose a copy of this Order and notify the non-Party that the 26 protections of this Order are available to such non-Party. 27 3.3 In the event that additional Parties join or are joined in this Action, they 1 material until the newly joined Party by its counsel has executed its agreement to be 2 fully bound by this Order. 3 4. DESIGNATION OF PROTECTED MATERIAL 4 Exercise of Restraint and Care in Designating Material for Protection: Each 5 Party or Non-Party that designates information or items for protection under this 6 Order must take care to limit any such designation to specific material that qualifies 7 under the appropriate standards. The Designating Party must designate for protection 8 only those parts of material, documents, items, or oral or written communications that 9 qualify – so that other portions of the material, documents, items, or communications 10 for which protection is not warranted are not swept unjustifiably within the ambit of 11 this Order. 12 4.1 Manner and Timing of Designations: Except as otherwise provided in 13 this Order, all information, documents, and data to be designated as Protected 14 Material must be clearly designated as such prior to any disclosure of same. 15 Designations shall be made in the following manner: 16 a. Protected Material produced in documents shall be marked with the 17 designation “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” on each page that 18 contains Protected Material. If only a portion of the material on the page qualifies for 19 designation as Protected Material, that portion shall be clearly designated as Protected 20 Material and the level of protection asserted for each such portion must be specified. 21 Documents produced in native formats will have Confidentiality Designations 22 indicated in the production file name or as specified in any Stipulated Protocol on the 23 Discovery of Electronically Stored Information the Parties may enter into. Should the 24 Parties need to identify which portions of a native document qualify as Protected 25 Material, they will meet and confer to resolve the issue. 26 b. Protected Material disclosed in testimony (in depositions, pre-trial 27 proceedings, or trial proceedings) shall be designated as Protected Material on the 1 thirty (30) days of receiving such transcript, and specify the level of protection being 2 asserted. Only those portions of the testimony that are appropriately designated for 3 protection shall be covered by the provisions of this Order. Any portion of the 4 transcript, or exhibits thereto, that is not designated “CONFIDENTIAL” or 5 “HIGHLY CONFIDENTIAL” shall not be considered “CONFIDENTIAL” or 6 “HIGHLY CONFIDENTIAL”. 7 i. Parties shall give the other Parties reasonable notice if they 8 reasonably expect a deposition, hearing or other proceeding to 9 include Protected Material so that the other Parties can ensure that 10 only authorized individuals who have signed the 11 “Acknowledgment and Agreement to Be Bound” (Exhibit A) are 12 present at those proceedings. The use of a document as an exhibit 13 at a deposition shall not in any way affect its designation as 14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 15 c. Protected Material disclosed in any form other than a document or 16 testimony must be designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” 17 as appropriate, in a prominent manner and in a manner that specifies only those 18 portions of the information or data disclosed that are subject to the designated 19 protection level. If only a portion or portions of the information or item warrant 20 protection, the Producing Party, to the extent practicable, shall identify the protected 21 portion(s). 22 4.2 Inadvertent Failures to Designate: An inadvertent failure to designate 23 qualified information, documents, or data as “CONFIDENTIAL” or “HIGHLY 24 CONFIDENTIAL” shall not, standing alone, constitute a waiver of the Designating 25 Party’s right to secure protection for such material under this agreement. If a 26 Designating Party fails to designate information, documents, or data disclosed as 27 Protected Material at the time of disclosure, that Designating Party shall make all 1 specific portion of the information, documents, or data disclosed to be designated as 2 Protected Material and the level of protection to be accorded same. Upon timely 3 correction of a designation, the Receiving Party shall make reasonable efforts to assure 4 that any additional material designated as Protected Material is treated in accordance 5 with the provisions of this Order from that point forward. 6 5. CHALLENGING CONFIDENTIALITY DESIGNATIONS 7 5.1 Timing of Challenges: Any Party or Non-Party may challenge a 8 designation of confidentiality at any time. Unless a prompt challenge to a Designating 9 Party’s confidentiality designation is necessary to avoid foreseeable, substantial 10 unfairness, unnecessary economic burdens, or a significant disruption or delay of the 11 litigation, a Party does not waive its right to challenge a confidentiality designation by 12 electing not to mount a challenge promptly after the original designation is disclosed. 13 5.2 Meet and Confer: Pursuant to Local Rule 37.1 et seq., the Challenging 14 Party shall initiate the dispute resolution process to challenge either the designation 15 of information, documents, or data as Protected Material. The Challenging Party shall 16 initiate the dispute resolution process by providing written notice of each designation 17 it is challenging and describing the basis for each challenge. If the Parties are unable 18 to resolve the dispute, the Designating Party shall file a discovery motion to uphold 19 the challenged designation, in accordance with the assigned Magistrate Judge’s 20 requirements with respect to filing discovery motions. 21 5.3 The burden of persuasion in any such challenge proceeding remains with 22 the party asserting such confidentiality (i.e., the Designating Party). Moreover, 23 frivolous challenges, and those made for an improper purpose (e.g., to harass or 24 impose unnecessary expenses and burdens on other parties) may expose the 25 challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 26 the confidentiality designation, all Parties shall continue to afford the material in 27 question the level of protection to which it is entitled under the Producing Party’s 1 6. ACCESS TO AND USE OF PROTECTED MATERIAL 2 6.1 The Receiving Party shall keep all Protected Material secure except as 3 permitted below and shall take reasonable efforts to place such documents in a secure 4 area and limit access to the Protected Material to the extent reasonably necessary for 5 this Action. A Receiving Party shall limit copying or other reproduction of Protected 6 Material and may reproduce Protected Material only where it is reasonably necessary 7 for the transmission of Protected Material to qualified recipients or for the use of 8 Protected Material by qualified recipients in connection with this case. Any such 9 copies shall be classified Protected Material and subject to all the terms and conditions 10 of this order. 11 6.2 The Receiving Party may only use Protected Material for the purpose of 12 prosecuting, defending, or attempting to resolve the Action, and the Protected 13 Material may only be disclosed in the manner and to the categories of recipients 14 identified below. Until the Action is concluded, all Protected Material must be 15 maintained and stored consistent with its designation. 16 6.3 Every person to whom “CONFIDENTIAL” or “HIGHLY 17 CONFIDENTIAL” material is disclosed, summarized, described, characterized, or 18 otherwise communicated or made available, in whole or in part, shall be advised that 19 the information is being disclosed pursuant and subject to the terms of this Order and 20 may not be disclosed or used for purposes other than those permitted hereunder. 21 6.4 Unless otherwise ordered by the Court or permitted in writing by the 22 Designating Party, a Receiving Party may disclose any information or item designated 23 “CONFIDENTIAL” only to: 24 i. The Parties and the Receiving Party’s Outside Counsel of Record 25 in this action, as well as agents and employees of said Outside 26 Counsel of Record to whom it is reasonably necessary to disclose 27 the information for this litigation, including their affiliated 1 such attorneys who are actively involved in this Action provided, 2 however, that each non-lawyer given access to Confidential 3 Protected Materials shall be advised that such Protected Materials 4 are being disclosed pursuant to, and are subject to, the terms of this 5 Order and that they may not be disclosed other than pursuant to its 6 terms; 7 ii. The officers, directors, and employees (including House Counsel) 8 of the Receiving Party to whom disclosure is reasonably necessary 9 for this Action and who have signed the “Acknowledgment and 10 Agreement to Be Bound” (Exhibit A); 11 iii. Experts (as defined in this Order) of the Receiving Party to whom 12 disclosure is reasonably necessary for this Action and who have 13 signed the “Acknowledgment and Agreement to Be Bound” 14 (Exhibit A); 15 iv. The Court and its personnel; 16 v. stenographic reporters, videographers, and translators and/or their 17 staff (whether at depositions, hearings, or any other proceeding); 18 vi. professional jury or trial consultants or mock jurors, to whom 19 disclosure is reasonably necessary for this Action and who have 20 signed the “Acknowledgment and Agreement to Be Bound” 21 (Exhibit A); 22 vii. Professional Vendors to whom disclosure is reasonably necessary 23 for this Action and, if feasible, who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 viii. a Party’s insurer and its staff who have responsibility for the 26 insurer’s obligations in connection with the Action, who have 27 signed the “Acknowledgment and Agreement to Be Bound” 1 ix. A mediator jointly retained by the Parties and the mediator’s 2 personnel; 3 x. The author or recipient of a document containing the information or 4 a custodian or other person who otherwise possessed or reasonably 5 knew the information, provided, however, that former employees 6 of Defendants shall be required to sign the “Acknowledgment and 7 Agreement to Be Bound” (Exhibit A); 8 xi. Any deposition, or pre-trial hearing witnesses in the Action, to 9 whole disclosure is reasonably necessary, and who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), 11 unless otherwise agreed between the Parties, or ordered by the 12 Court. Pages of transcribed deposition testimony or exhibits to 13 depositions that reveal Protected Material must be separately 14 bound by the court reporter and may not be disclosed to anyone 15 except as permitted under this Order; or 16 xii. Any deposition or pre-trial hearing witness in the action who 17 previously has had access to the Confidential Protected Materials, 18 or whose testimony regarding such materials is reasonably 19 necessary and/or who has had access to such materials at any point; 20 xiii. Any other person that the Designating Party agrees to in writing. 21 6.5 All disclosures of Protected Material marked “HIGHLY 22 CONFIDENTIAL” are to be limited. Unless otherwise ordered by the court or 23 permitted in writing, a Party may disclose any information or item designated 24 “HIGHLY CONFIDENTIAL” only to: 25 i. The Receiving Party’s Outside Counsel of Record in this action, as 26 well as agents and employees of said Outside Counsel of Record to 27 whom it is reasonably necessary to disclose the information for this 1 Action and who have signed the “Acknowledgment and Agreement 2 to Be Bound” (Exhibit A); 3 ii. House Counsel of the Receiving Party (1) who has no involvement 4 in competitive decision-making, (2) to whom disclosure is 5 reasonably necessary for this litigation, and (3) who has signed the 6 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 iii. Experts (as defined in this Order) to whom disclosure is reasonably 8 necessary for this Action and who have signed the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 iv. The Court and its personnel; 11 v. Stenographic reporters, videographers, and translators and/or their 12 staff (whether at depositions, hearings, or any other proceeding); 13 vi. Professional jury or trial consultants or mock jurors, to whom 14 disclosure is reasonably necessary for this litigation and who have 15 signed the “Acknowledgment and Agreement to Be Bound” 16 (Exhibit A); 17 vii. Professional Vendors, such as litigation support and copy vendors, 18 to whom disclosure is reasonably necessary for this litigation; 19 viii. A Party’s insurer and its staff who have responsibility for the 20 insurer’s obligations in connection with the Action who have 21 signed the “Acknowledgment and Agreement to Be Bound” 22 (Exhibit A); 23 ix. A mediator jointly retained by the Parties and the mediator’s 24 personnel; or 25 x. The author or recipient of a document containing Protected Material 26 provided, however, that former employees of Defendants shall be 27 required to sign the “Acknowledgment and Agreement to Be 1 xi. Any witness that Defendants designates as a corporate 2 representative in connection with a deposition pursuant to Federal 3 Rule of Civil Procedure 30(b)(6). 4 xii. any other person that the Designating Party agrees to in writing 5 6.6 If any Protected Material (or any pleading, motion, or memorandum 6 disclosing them) is proposed to be filed or is filed with the Court, the filing party shall 7 follow this Court’s procedures to file documents under seal. 8 6.7 The use of a document as an exhibit at a deposition shall not in any way 9 affect its designation as Protected Material. 10 6.8 Any privileged information or PII/PHI that is contained within 11 information, documents, or data being filed in this Action may be redacted to the 12 extent practicable or as subject to the provisions concerning redactions in any 13 Stipulated Protocol on the Discovery of Electronically Stored Information the Parties 14 may enter into. The Parties will comply with the Court’s procedures regarding the 15 redaction or sealing of PII/PHI whenever filing documents with the Court. If the 16 Receiving Party contests the Designating Party’s redactions, then the Parties will 17 adhere to the process outlined in Section 5. The Producing Party will retain the burden 18 of establishing the propriety of the redactions. 19 7. CONFIDENTIAL OR HIGHLY CONFIDENTIAL MATERIAL 20 SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 21 7.1 If a Party is served with a subpoena or a court order issued in other 22 litigation or proceedings before any administrative or legislative body that compels 23 disclosure of any information or items designated in this action as 24 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” that Party must: 25 a. promptly notify in writing the Designating Party. Such notification 26 shall include a copy of the subpoena or court order; 27 b. promptly notify in writing the party who caused the subpoena or 1 subpoena or order is subject to this Protective Order. Such notification shall include 2 a copy of this Stipulated Protective Order; and 3 c. cooperate with respect to all reasonable procedures sought to be 4 pursued by the Designating Party whose Protected Material may be affected. 5 7.2 If the Designating Party timely seeks a protective order, the Party served 6 with the subpoena or court order shall not produce any information designated in this 7 Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” before a 8 determination by the appropriate court, unless the Party has obtained the Designating 9 Party’s permission or if the subpoena or court order compels, under threat of sanctions, 10 earlier production. The Designating Party shall bear the burden and expense of seeking 11 protection in that court of its Protected Material. Nothing in these provisions should be 12 construed as authorizing or encouraging a Receiving Party to disobey a lawful directive 13 from another court. 14 8. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 15 PRODUCED IN THIS ACTION 16 8.1 The terms of this Order are applicable to information produced by a Non- 17 Party in this Action and designated as “CONFIDENTIAL.” Such information 18 produced by Non-Parties in connection with this litigation is protected by the 19 remedies and relief provided by this Order. Nothing in these provisions should be 20 construed as prohibiting a Non-Party from seeking additional protections. 21 8.2 In the event that a Party is required, by a valid discovery request, to 22 produce a Non-Party’s confidential information in its possession, and the Party is 23 subject to an agreement with the Non-Party not to produce the Non-Party’s 24 confidential information, then the Party shall: 25 (1) Promptly notify in writing the requesting party and the Non-Party 26 that some or all of the information requested is subject to a 27 confidentiality agreement with a Non-Party; 1 Protective Order in this Action, the relevant discovery request(s), 2 and a reasonably specific description of the information requested; 3 and 4 (3) Make the information requested available for inspection by the 5 Non-Party. 6 8.3 If the Non-Party fails to seek a protective order from this court within 14 7 days of receiving the notice and accompanying information, the Receiving Party may 8 produce the Non-Party’s confidential information responsive to the discovery request. 9 If the Non-Party timely objects or seeks a protective order, the Receiving Party shall 10 not produce any information in its possession or control that is subject to the 11 confidentiality agreement with the Non-Party before a determination by the Court. 12 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 13 of seeking protection in this court of its Protected Material. 14 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 16 Protected Material to any person or entity not authorized to receive the Protected 17 Material under this Order, the Receiving Party must immediately (a) notify in writing 18 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 19 all copies of the Protected Material, (c) inform the person or entity to whom the 20 unauthorized disclosures were made of the terms of this Order, and (d) request the 21 person or entity to whom the Protected Material was disclosed to execute the 22 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

10. INADVERTENT PRODUCTION OF PRIVILEGED MATERIAL 25 10.1 Pursuant to Federal Rule of Evidence 502 and Federal Rule of Civil 26 Procedure 26(b)(5)(B), the inadvertent or unintentional disclosure of Privileged 27 Material shall not be deemed a waiver in whole or in part of the Producing Party’s 1 information disclosed or as to any other related information. This provision is not 2 intended to modify whatever procedure may be established in an e-discovery order 3 that provides for production without prior privilege review. 4 10.2 This Order shall be interpreted to provide the maximum protection allowed 5 by Federal Rule of Evidence 502(d). Accordingly, the provisions of Federal Rule of 6 Evidence 502(b) do not apply, and the disclosing party is not required to satisfy the 7 elements of Rule 502(b) to properly assert the attorney-client privilege or work-product 8 protection over disclosed communications, information, and documents. 9 10.3 If information is produced in discovery that is subject to a claim of 10 privilege or of protection as trial-preparation material, the party making the claim may 11 notify any party that received the information of the claim and the basis for it. After 12 being notified, a party must promptly return or destroy the specified information and 13 any copies it has and may not sequester, use or disclose the information until the claim 14 is resolved. This includes a restriction against presenting the information to the court 15 for a determination of the claim. 16 10.4 Nothing contained herein is intended to or shall serve to limit a party’s 17 right to conduct a review of communications, information, or documents for 18 relevance, responsiveness and/or segregation of privileged and/or protected 19 information before production. 20 11. HANDLING OF PROTECTED HEALTH INFORMATION 21 11.1 This Order is applicable to the Parties, any additional Parties joined in 22 this Proceeding, and any Non-Parties required to respond to discovery in the 23 Proceeding, for the sole purpose of facilitating discovery in the Proceeding and 24 protecting the confidentiality and other interests of the Parties and third-parties 25 throughout the course of the Proceeding including, but not limited to, trial. This Order 26 authorizes the Parties and any and all Covered Entities to disclose information 27 protected by the Health Insurance Portability and Accountability Act of 1996 1 Clinical Health Act (the “HITECH Act”), including all applicable regulations and 2 guidance issued by the Secretary of the United States Department of Health and 3 Human Services (collectively, the “HIPAA Rules”), including specifically 42 C.F.R. 4 Part 2 and

(e)(1)(v), as well as all state laws and regulations 5 regarding the privacy and security of personal information and personal health 6 information (collectively with HIPAA Rules, the “Privacy and Security Rules”). 7 This Order constitutes a HIPAA Qualified Protective Order, as that term is defined in 8 the Privacy and Security Rules. The Parties are expressly prohibited from using or 9 disclosing information protected by the Privacy and Security Rules obtained pursuant 10 to this Order for any purpose other than this Proceeding. 11 11.2 Covered Entities as used herein, means those entities as defined by 45

. Protected Health Information as used herein, means protected health 13 information, as that term is used in HIPAA and the Privacy Standards defined in 45

and 164. Without limiting the generality of the foregoing, Protected 15 Health Information includes, but is not limited to, information reflecting the past, 16 present, or future physical or mental health or condition of an individual, medical 17 records, and documents based on or derived from Protected Health Information, 18 regardless of form or format. 19 11.3 Safeguards for Protected Health Information. The Parties also seek to 20 ensure that any person who receives and stores Protected Health Information in 21 connection with this Proceeding will develop, implement, maintain, and use 22 appropriate administrative, technical, and physical safeguards to preserve the privacy, 23 integrity, and confidentiality of any Protected Health Information, and to prevent 24 unpermitted use or disclosure of any Protected Health Information they may receive 25 from any person in connection with this Proceeding. At a minimum, all Parties and 26 persons or entities who might receive Protected Health Information (including all 27 signatories to Exhibit A of this Order) agree that they will: (1) comply with the 1 vendors, experts, or third parties that might receive Protected Health Information to 2 comply with the Privacy and Security Rules; and (3) undertake due diligence to verify 3 that the privacy and security protections of any such vendors, experts, or third parties 4 comply with the Privacy and Security Rules. 5 11.2 The Parties and their counsel to the Action are hereby authorized to 6 receive and transmit PHI for the limited purpose of prosecuting and defending this 7 Action, including during discovery, at depositions, hearings, or other proceedings in 8 this matter. The Parties shall be permitted to use the PHI in any manner reasonably 9 connected with the Action, including, but not limited to, disclosure to their attorneys, 10 insurers, claims managers, experts, and consultants, the court, necessary court 11 personnel, court reporters, copy services, trial consultants, jurors, any appellate court, 12 and other persons and entities involved in the litigation process. 13 11.3 All PHI produced or disclosed in the Action shall be used solely for the 14 prosecution or defense (including any appeal therefrom) of the Action and shall not 15 be used for any other purpose other than this Action.

(e)(1)(v)(A). 16 11.4 This Order recognizes that it is not practicable to identify and contact all 17 individuals whose names or privileged information may be contained in such records 18 and that redaction of all such information would be extremely difficult and would 19 delay the proceedings in this Court. Therefore, this Order expressly authorizes the 20 disclosure of PHI of Non-Party individuals and Non-Party companies 21 notwithstanding any privilege or confidentiality afforded under state law. That said, 22 as an additional layer of protection, a Producing Party may, but is not required to, 23 redact PHI from any documents. If the Receiving Party contests the Designating 24 Party’s redactions, then the Parties will adhere to the process outlined in Section 5. 25 The Producing Party will retain the burden of establishing the propriety of the 26 redactions. 27 11.5 The Parties agree that any unredacted PHI contained in documents 1 this Order. Absent an Order of this Court, neither Party nor their counsel shall use 2 PHI obtained solely from documents produced in this Action to contact any 3 individual. 4 11.6 In accordance with Sections 12.3 and 12.4, all identified PHI will be 5 either returned to the Producing Party or destroyed. 6 12. NON-TERMINATION AND RETURN OF DOCUMENTS 7 12.1 Unless otherwise agreed or ordered, this Order shall remain in force after 8 dismissal or entry of final judgment not subject to further appeal. 9 12.2 Final disposition will be deemed to be the later of (1) dismissal of all 10 claims and defenses in this Action, with or without prejudice; and (2) final judgment 11 herein after the completion and exhaustion of all appeals, rehearings, remands, trials, 12 or reviews of this Action, including the time limits for filing any motions or 13 applications for extension of time pursuant to applicable law. 14 12.3 Within 30 days of the final disposition of this Action, the Producing Party 15 must submit a written request to the Receiving Party, (1) specifying their preference 16 for either the return or destruction of the identified Protected Materials, and (2) 17 identifying the Protected Materials to be returned or destroyed. Within 30 days 18 thereafter, each Receiving Party must return all identified Protected Material to the 19 Producing Party or destroy such material. As used in this subdivision, “all Protected 20 Material” includes all copies, abstracts, compilations, summaries, and any other 21 format reproducing or capturing any of the Protected Material. 22 12.4 Whether the Protected Material is returned or destroyed, the Receiving 23 Party must submit a written certification to the Producing Party (and, if not the same 24 person or entity, to the Designating Party) by the 30-day deadline following the 25 Producing Party’s written request that (1) identifies (by category, where appropriate) 26 all the Protected Material that was returned or destroyed and (2) affirms that the 27 Receiving Party has not retained any copies, abstracts, compilations, summaries or 1 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 2 pleadings, motions and trial briefs (including all supporting and opposing papers and 3 exhibits thereto), written discovery requests and responses (and exhibits thereto), 4 deposition transcripts (and exhibits thereto), expert reports, legal memoranda, 5 correspondence, hearing and trial transcripts, exhibits offered or introduced into 6 evidence at any hearing or trial, and their attorney work product, even if such 7 materials refer or are related to any “CONFIDENTIAL” and “HIGHLY 8 CONFIDENTIAL” information, for archival purposes only. Any such archival copies 9 that contain or constitute Protected Material remain subject to this Order and all of 10 the protections set forth herein. The Receiving Party will comply with all laws that 11 apply to its use, disclosure, storage and processing of the personal information 12 provided to it by the other party hereunder and shall at all times protect the personal 13 information with reasonable and appropriate administrative, technical and physical 14 security controls. 15 13. ACKNOWLEDGEMENT OF UNDER SEAL FILING PROCEDURE. 16 13.1 The parties acknowledge that this Order does not entitle them to file 17 confidential information under seal; Local Civil Rule 79-5 sets forth the procedures 18 that must be followed and the standards that will be applied when a party seeks 19 permission from the court to file material under seal. There is a strong presumption 20 that the public has a right of access to judicial proceedings and records in civil cases. 21 In connection with non-dispositive motions, good cause must be shown to support a 22 filing under seal. See Kamakana v. City and County of Honolulu,

, 1176 23 (9th Cir. 2006), Phillips v. Gen. Motors Corp.,

, 1210-11 (9th Cir. 24 2002), Makar-Welbon v. Sony Electrics, Inc.,

(E.D. Wis. 1999) 25 (even stipulated protective orders require good cause showing), and a specific 26 showing of good cause or compelling reasons with proper evidentiary support and 27 legal justification, must be made with respect to Protected Material that a party seeks 1 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” does not— without the 2 submission of competent evidence by declaration, establishing that the material 3 sought to be filed under seal qualifies as confidential, privileged, or otherwise 4 protectable—constitute good cause. 13.3 Any document that is not confidential, 5 privileged, or otherwise protectable in its entirety will not be filed under seal if the 6 confidential portions can be redacted. If documents can be redacted, then a redacted 7 version for public viewing, omitting only the confidential, privileged, or otherwise 8 protectable portions of the document, shall be filed. Any application that seeks to file 9 documents under seal in their entirety should include an explanation of why redaction 10 is not feasible. 11 14. MISCELLANEOUS PROVISIONS 12 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 13 person to seek its modification by the Court in the future. 14 14.2 Modification. The Court retains the right to allow, sua sponte or upon 15 motion, disclosure of any subject covered by this Stipulated Order or to modify this 16 Stipulated Order at any time in the interest of justice. 17 14.3 Right to Assert Other Objections. This Order is entered based on the 18 representations and agreements of the Parties and for the purpose of facilitating 19 discovery. By stipulating to the entry of this Order, no party waives any right it would 20 have otherwise to object to disclosing or producing any information or item on any 21 ground not addressed in this Order. Similarly, no party waives any right to object on 22 any ground to use in evidence of any material covered by this Order. Nothing herein 23 shall be construed or presented as an admission or judicial determination that any 24 document or material designated “CONFIDENTIAL” or “HIGHLY 25 CONFIDENTIAL” is relevant, admissible, or entitled to protection under the Rules 26 of Civil Procedure or otherwise until such time as the Court may rule on a specific 27 document or issue. 14.4 This Order shall take effect when entered and shall be binding upon all 2 || counsel of record and their law firms, the Parties, and persons made subject to this 3 || Order by its terms. 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 Dated: December 20, 2024 CLARKSON LAW FIRM P.C. 7 g By:_/s/ Yana Hart Ryan Clarkson, Esq. 9 Yana Hart, Esq. 10 Tiara Avaness, Esq. Mark I. Richards, Esq. 1] ALMEIDA LAW GROUP LLC Matthew J. Langley, Esq. 13 John R. Parker, Jr, Esq. 14 3550Watt Avenue, Suite 140 Sacramento, CA 95821 15 Tel: (916) 616-2936 16 os Attorneys for Plaintiffs 17 18 Dated: December 20, 2024 ALSTON & BIRD LLP 19 0 By:_/s/ Rachel E. K. Lowe Scott A. Elder, Esq. 21 Rachel E. K. Lowe, Esq. Gillian H. Clow, Esq. 23 Attorneys for Defendants 24 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 25 26 || Dated: December 20, 2024 Fabius Mono bie 27 Hon. Patricia Donahue 38 United States Magistrate Judge 99

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 5 under 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 B.K. et. al. v. Desert Care 8 Network, et. al., Case No. 2:23-cv-05021-SPG-PD. 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 15 Court for the Central District of California for the purpose of enforcing the terms of 16 this Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. 18 I hereby appoint _____________________________ [print or type full 19 name] of _________________________________________________________ 20 [print 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 enforcement 22 of this Stipulated Protective Order. 23 Date: _________________________________ 24 City and State where sworn and signed: _________________________________

25 Printed name: ______________________________ 26 [printed name] 27 Signature: ______________________________