WILLIAM J. GEDDES Nevada Bar No. 6984 KRISTEN R. GEDDES Nevada Bar No. 9027 3 || THE GEDDES LAW FIRM, P.C. 1575 Delucchi Lane, Suite 206 4|| Reno, Nevada 89502 Phone: (775) 853-9455 5 || Fax: (775) 299-5337 Email: [email protected] Email: [email protected] Attorneys for Plaintiff Robert Thurman-Silva 7 UNITED STATES DISTRICT COURT

9 DISTRICT OF NEVADA

10 ROBERT THURMAN-SILVA, an individual, | CASE NO: 3:19-cv-683-LRH-WGC Plaintiff, 11 vs. 12 EMPLOYBRIDGE SOUTHWEST, LLC d/b/a PROLOGISTIX, a Foreign Limited-Liability STIPULATED PROTECTIVE ORDER Company; THYSSENKRUPP SUPPLY Regarding CHAIN SERVICES NA, INC., a Foreign Corporation; and, TESLA MOTORS, INC., a CONFIDENTIALITY OF DOCUMENTS Foreign Corporation; DOE BUSINESS PRODUCED IN LITIGATION 16 ENTITIES 1-10; DOE INDIVIDUALS 1-10. Defendants. 17 18 Pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 26(f) and U.S. District Court 19 Nevada Rule (“Local Rule”) 26-1(e), the parties through their respective counsel, hereby submit t 20 following Stipulated Protective Order. 21 I. RECITALS 22 WHEREAS: the parties to the above-captioned litigation anticipate that discovery will requ: 23 the parties to disclose records and information that are confidential and sensitive, including becau 24 such records are anticipated to include the parties’ private employment records, private medical recor 25 or records containing trade secret information; and 26 WHEREAS: the parties seek to protect and prevent the improper dissemination of su 27 confidential and private records and information to third parties, during the course of litigation and aft 28

] || the litigation has ended; II. STIPLUATION 3 THEREFORE: the parties, by and through their respective counsel of record, hereby stipulz and request the Court issue an Order (‘‘Stipulated Protective Order’), protecting the confidential natu of certain records and information as may be produced during the course of the above-caption matters, as follows: 7 1. If any person or entity, whether or not a party to the instant action, produces or receiv 8 || answers to interrogatories, or documents or other things, which the producing or receiving person 9]| entity considers to be “Confidential Information,” as defined in § II(3)(A)(D infra; or 10 2. If there is deposition testimony which any person or entity, whether or not a party to t 11 ]| instant action, believes contains “Confidential Information,” as defined in § II(3)(A)() infra; or 12 3. Third parties produce information which the third-parties assert is confidential, t following procedure shall govern pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 26( 14]| et. seq.: 3 15 A. Any documents (and the contents thereof), things or information falling with 16]|| the definition of “Confidential Information,” set forth in § II(3)(A)(D infra, that are produced may | 17|| designated and marked, in whole or in part, without regard to whether redactions are mac 18]| “Confidential” by the party producing the documents or information, at the time the documents a delivered to or made available for inspection by any party; 20 I. “Confidential Information” is defined herein as: (a) employment recor of any employees or former employees of any party; (b) confidential notes, memoranda, and statemer regarding non-party employees; (c) confidential information concerning the discipline and/ termination of non-party employees and former employees; (d) the production of information documents proprietary to any party, including by way of example and not limitation, tax records a financial statements; (e) other private information of any party or non-party to the present litigatic including consumer records, e.g., phone bills; (f) financial records and business records of any pers 27]| or entity, whether a party or non-party to the present litigation; (g) medical records, including medic 28 || bills and psychological records, and medical information of any person, whether a party or non-party

] || the present litigation; and (h) Defendants’ confidential, proprietary, trade secrets or other sensitive private material, or sensitive personnel or business information pertaining to Defendants’ employees 3 || business operations. 4 B. If a party produces to another party items that contain Confidential Informati: 5|| as defined above, that party may designate one or more documents, or a portion of a document, 6|| “Confidential” before producing that document to the other party. Such designation shall be made | 7\| marking, stamping or typing the word “Confidential” on each page of the document at the time it 8 || produced to the receiving party’s counsel; 9 C. Any party may designate deposition testimony as “Confidential” by oral 10]| making such a designation on the record either at the commencement of the deposition, at the time t testimony is given, before the end of that day's questioning, and/or within 30 days after receipt of t 12|| deposition transcript. During the 30-day interval, the deposition transcript will be deem 13]| “Confidential.” Following such a designation, the court reporter shall mark “Confidential” on t 14]| transcript or the portion thereof containing the “Confidential” testimony; 3 15 D. In addition, documents or items produced by one party may be designat “Confidential” by the other party, i.e., the receiving party, by: 17 I. marking the document, in whole or in part, “Confidential” in the san 18 |imanner as stated above; and 19 Il. then forwarding a copy of the marked document back to the producn 20 |party; 21 E. In this regard, the receiving party seeking the “Confidential” designation □□ 22 || designate, by number, each document it believes should be “Confidential”; 23 F. If the receiving party has no objection to the “Confidential” designation made | 24 || the producing party, the receiving party may either expressly notify the producing party or allow the t calendar-day objection period (set forth below) to lapse. Where there has been no written objecti 26]| made, once a document or item has been produced and designated as provided herein to the □□□□□□□ party, the document or item shall be treated as “Confidential,” respectively, pursuant to this Stipulat 28 || Protective Order, until further order of the Court;

1 4. The following protocol shall apply in the event of an objection to a designation 2 || “Confidential”: 3 A. If there is an objection to the “Confidential” designation, the party so objecti must notify the other party in writing of both the objection and the grounds for the objection within t 5|| calendar days from the date the designation was made or the document(s)/item(s) received, whichev 6|| is later, and the procedure in § II(4)(B) infra, shall apply; 7 B. If the parties do not agree that the documents, information or testimony shou 8 || be treated as confidential, the parties shall attempt to resolve the issue by meeting and conferring. □□ 9|| resolution does not occur, either party may file a motion with the Court to resolve the dispute. Su 10]| motion must be filed within 30 calendar days of receipt of the written objection to the designatio unless stipulated otherwise by counsel. If an objection has been raised, the documents, testimot and/or information at issue shall be governed by § II (3)(A)-(F), inclusive, of this Stipulated Protecti 13]| Order, and treated and regarded as “Confidential” from the date of disclosure and/or production un 14]| the dispute is resolved informally by the parties or a final order is issued by the Court resolving t 3 15]| dispute. In the event of such motion, the parties having entered into this Stipulation and the existen of the Court's Order entered thereon shall not affect the burden of proof on any such motion, n 17]| impose any burdens upon any party that would not exist had this Stipulated Protective Order not be 18 || entered; 19 5. A document or testimony, or portion, summary, or abstract thereof, that is to be treat “Confidential” pursuant to this Stipulated Protective Order shall not be disclosed to any persons oth than the parties, counsel of record for the parties, attorneys, legal assistants and clerical personr employed by them, and other persons to whom disclosure is necessary for the purposes of tl 23 || litigation. (This allows disclosure to the officers, directors, employees or former employees of t parties, persons requested by counsel for any party to furnish technical or expert service or to gi 25 || expert testimony with regard to the subject matter of the document(s), item(s) or expert testimony f the trial of this action). However, each such person to whom a party makes such disclosure shall re 27]| this Stipulated Protective Order and acknowledge in writing that he/she is fully familiar with the terr 28 || hereof and agrees to comply with, and be bound by, this Stipulated Protective Order until modified |

] || either further order of the Court or agreement of all the affected parties; 2 6. Anyone seeking to file any “Confidential” documents, testimony, or information or ai 3 || pleadings or memorandum purporting to reproduce or paraphrase all or any portion of such confidenti 4|| material with this Court must first attempt to make such filings confidentially, by seeking to obte 5|| prior leave of Court for filing the same under seal. Notwithstanding any agreement among the partic 6|| the party seeking to file a paper under seal bears the burden of overcoming the presumption in favor 7\| public access to papers filed in Court. Any motion regarding filing confidential information ai 8 || motions to seal shall comply with LR IA 10-5 and the requirements of Kamakana vy. City and County Honolulu,

(9th Cir. 2006). See also, Center for Auto Safety v. Chrysler Group, LLC, □ F.3d 1092, 1097 (9th Cir. 2016). NOTE: If the document is filed electronically, the appropria 11]| protocol for that purpose will be utilized; 12 7. If such application for leave of Court to file any document(s) under seal is denied, th 13]| the party who sought leave will be relieved, in that instance only, and only as to such documents f 14]| which leave of Court was denied, from complying with this stipulation in relation to that filing; 15 8. Any documents, testimony, and/or information that has been rendered “Confidentie under the parties’ Stipulated Protective Order is to be used only in the above-captioned action, and m. not be used in any other action or for any other purpose unless the party seeking to make such use h 18]| acquired the documents, testimony, and/or information from a source independent of the abov 19]| captioned action; 20 9. Within 45 calendar days of the entry of the final order concluding this judici proceeding, all “Confidential” documents or things; any copies, summaries, and abstracts thereof; notes relating thereto, shall be returned to the producing party or destroyed by the receiving pat 23 || (including by being shredded), at the option of the receiving party, with proof or attestation of su destruction of records being transmitted by the receiving party, which includes Plaintiff, to t producing party, except as otherwise ordered by the Court or stipulated in writing by the partic 26]| Notwithstanding any other language contained in this Order, each party’s counsel shall be allowed 27]| retain for its files a copy of all pleadings, motions, exhibits, or other papers filed and/or lodged with t Court, and of all documents designated by both parties or any non-party as “Confidential” and/

1 || summaries or abstracts thereof (including but not limited to documents of any type prepared by a par 2|| and/or counsel that are subject to the attorney-client privilege and/or the attorney work-prodv doctrine). All such documents and information retained by counsel of record must be maintained in 4 || confidential manner and used only in accordance with this Order. 5 _—s«iIf at any time prior to the trial of this action a party discovers that it has disclos 6|| attorney-client privileged communications or attorney work product materials, it shall, within fifte 7\| (15) business days of learning that it inadvertently or mistakenly produced such information: (1) noti 8 || all parties in writing of the inadvertent disclosure; (2) identify all inadvertently disclosed informatio 9|| and (3) explain the circumstances surrounding its discovery that it inadvertently produced t 10]| information, including the date of such discovery. 1] 11. Upon receiving the disclosing party’s notice, each receiving party shall within five ( 12]| business days: (1) return, destroy, sequester, or delete all copies of the inadvertently disclos 13]| information; (2) take reasonable steps to retrieve the inadvertently disclosed information if it w disseminated by the receiving party prior to such notification; and (3) provide a certification of couns 3 15 ]| that all such information has been returned, destroyed, sequestered, or deleted. 16 12. The parties shall utilize the protocol set forth in § II(4) regarding any objection, me 17]| and confer and court ruling regarding the claim of privilege or protection. Even if the receiving par 18]| objects (or intends to object) to the disclosing party’s privilege or protection claim, it shall refrain fro 19]| any further use, disclosure, or dissemination of the inadvertently disclosed information in any w 20]| (including, but not limited to, using the information at depositions or trial) until the Court rules on t privileged or protected status of the inadvertently disclosed information. 22 13. — This Stipulated Protective Order may be amended, without prior leave of the Court, | 23 || the agreement of counsel for the parties in the form of a stipulation and order that shall be filed in tl case. Nothing herein shall be construed so as to prevent any party from seeking relief from this Ord at any time; and 26 14. The parties reserve their rights to assert the confidentiality of documents ai information produced irrespective of their production pursuant to this Stipulated Protective Order. 28

1 || Dated: June 22, 2020 THE GEDDES LAW FIRM, P.C. ; Fle 3 William J. Geddes, Esq. Nevada Bar No. 6984 4 Kristen R. Geddes Nevada Bar No. 9027 5 1575 Delucchi Lane, Suite 206 Reno, Nevada 89502 6 Phone: (775) 853-9455 Fax: (775) 299-5337 7 Email: [email protected] Attorneys for Plaintiff Robert Thurman- 8 Silva 9 Dated: June 22, 2020 OGLETREE, DEAKINS, NASH, SMOA 10 STEWART, P.C. 11 Electronic Signature Authorized

/s/ 13 Anthony Martin, Esq. Nevada Bar No. 8177 14 Dana Salmonson, Esq. Nevada Bar No. 11180 15 Wells Faro Tower Suite 1500 16 3800 Howards Hughes Parkway Las Vegas, NV 89169 17 Email: [email protected] Email: [email protected] 18 Attorneys for Defendants ThyssenKrupp Materia NA, Inc., ThyssenKrupp Supply Chain Services N 19 Inc., and Tesla, Inc. 201] Dated: June 22, 2020 HOLLAND & HART, LLP 21 Electronic Signature Authorized 22 /s/ 23 Dora Lane, Esq. Nevada Bar No. 8424 24 Sarah Walsh, Esq. Nevada Bar No. 13481 25 5441 Kietzke Lane Suite 200 26 Reno, NV 89511 Email: [email protected] 27 Email: [email protected] Attorneys for EmployBridge Southwest, LLC 28 Dba Prologistix

1 ORDER 2 THE COURT, having considered the preceding Stipulation and good cause appearing therefo 3|| HEREBY GRANTS the relief and protections requested therein. IT IS HEREBY ORDERED that th 4|| preceding Stipulation and this Stipulated Protective Order shall be and remain in effect, as stipulate 5 || therein. The court will not exercise continuing jurisdiction over the subject matter of the stipulation 6 following dismissal of this action. 7 IT ISSO ORDERED. 8|| DATED: june 23, 2020 9 10 bit GCG. Cott UNITED STATES MAGISTRATE JUDGE 12 13

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