1 | DICKINSON WRIGHT PLLC Justin J. Bustos 2 || Nevada Bar No. 10320 Email: [email protected] 3 | Brooks T. Westergard Nevada Bar No. 14300 4 | Email: [email protected] 100 West Liberty Street, Suite 940 5 || Reno, Nevada 89501-1991 Tel: 775-343-7500 6 | Fax: 844-670-6009 7 | Attorneys for Plaintiff Upexi, Inc. 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 1] UPEXI, INC., a Nevada corporation, Case No.: 2:24-cv-02185-JCM-MDC 12 3 Plaintiff, PROTECTIVE ORDER V. 14 DOES 1-100; ROE CORPORATIONS 1-100; 15 | AND XYZ LLCS 1-100, 16 Defendant. 17 18 Pursuant to Fed. R. Civ. P. 26(c), this Protective Order (“Order”) is entered on Plaintiff 19 | Upexi, Inc.’s (“Plaintiff’ or “Upexi”’) motion, and is entered to facilitate the production of 20 | confidential, proprietary and/or private information from the third-parties that have received 21 | Subpoenas as a result of the Court’s Order Granting Ex Parte Motion to Conduct Limited 22 | Expedited Discovery to Determine the Identity of Unknown Defendants (ECF No. 7) in this action 23 | (the “Action”). 24 1. SCOPE 25 This Order applies to “Discovery Material” produced by way of the Subpoenas 26 || served on the third-parties (“Third-Parties,” or in the singular form, “Third-Party”) as a result of 27 Court’s Order Granting Ex Parte Motion to Conduct Limited Expedited Discovery to 28 || Determine the Identity of Unknown Defendants. (ECF No. 7).

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] The term “Confidential Discovery Material” refers to any subpoenaed information that is 2 | designated or marked “Confidential” by the Third-Party and all information contained therein, and 3 | other information designated as “Confidential,” if such documents, testimony or information fall 4 | within the scope of Rule 26(c) of the Federal Rules of Civil Procedure and contain trade secrets, 5 || proprietary business information, competitively sensitive information, or other information the 6 | disclosure of which would, in the Third-Party’s good faith judgment, be detrimental to the conduct 7 | of that Third-Party’s business or the business of any of the Third-Party’s customers or clients. 8 However, this Order does not apply to, and the following does not qualify as Confidential 9 || Discovery Material: 10 a) An amended complaint that names any particular defendant, the amount of shares 11 purchased, and dates of purchase using the information produced as a result of the 12 Court’s Order Granting Ex Parte Motion to Conduct Limited Expedited Discovery 13 to Determine the Identity of Unknown Defendants; and 14 b) Addresses of defendants named in any amended complaint used to effect service 15 of process under the Federal Rules of Civil Procedure and applicable local rules. 16 2. DESIGNATING DISCOVERY MATERIAL 17 Any Third-Party may designate as “Confidential” Discovery Material produced in response 18 || to the Subpoenas if the party believes in good faith it falls within the scope of Rule 26(c) of the 19 | Federal Rules of Civil Procedure and contains trade secrets, proprietary business information, 20 || competitively sensitive information, or other information the disclosure of which would, in the 21 | Third-Party’s good faith judgment, be detrimental to the conduct of that Third-Party’s business or 22 | the business of any of the Third-Party’s customers or clients. 23 The Third-Party designating Discovery Material as Confidential must mark every page it 24 | believes qualifies as Confidential Discovery Material as “CONFIDENTIAL.” 25 3. ACCESS TO AND USE OF CONFIDENTIAL DISCOVERY MATERIAL 26 a) Any person subject to this Order who receives Discovery Material from any 27 | Third-Party that is designated as “Confidential” shall not disclose such Confidential Discovery

28 || Material except as expressly permitted herein.

] b) Confidential Information subject to this Agreement shall only be used in 2 {connection with the Action, or any related action brought by any party to the Action to enforce 3 | any order or judgment rendered in the Action. 4 c) Confidential Discovery Material must be stored and maintained in a secure 5 | manner that ensures that access is limited to the persons authorized under this Order. 6 d) Once Confidential Information is produced, it may be disclosed, 7 |) summarized or otherwise communicated in whole or in part only to the following persons, who 8 |) may make use of such information only in connection with an Action: 9 10 i. counsel who represent parties in the Action, and employees and agents of such counsel assisting in the preparation or 11 conduct thereof for use in accordance with this Order; 12 il. experts or consultants assisting counsel for those parties; 13 ill. potential or anticipated witnesses and their counsel; 14 iv. the courts in the Action; and 15 v. court reporters employed in connection with the Action. 16 e) If a party to this Action learns that it has disclosed Confidential Discovery Material to any person not authorized to recetve such information by this Order, it must immediately: (1) notify in writing the applicable Third-Party of the unauthorized disclosure; (11) use best efforts to retrieve or destroy all copies of the Confidential Discovery Material produced without authorization; (111) inform the person(s) to whom unauthorized disclosure was made of the terms of this Order; and (iv) request that such person(s) either return or destroy the Confidential Discovery Material inadvertently disclosed to them. 4, CONFIDENTIAL DISCOVERY MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION OR FEDERAL INVESTIGATIONS °° a) If a party or outside counsel of a party in this Action is served with a °° subpoena or a court order that seeks to compel disclosure of any information or items designated in this Action as “CONFIDENTIAL,” or if the United States Securities and Exchange Commission 28

1 | (“SEC”) requests by any means disclosure of any of any information or items designated in this 2 | Action as “CONFIDENTIAL,” then that party or its outside counsel must: 3 1. promptly notify in writing the Third-Party that produced the information. 4 Such notification shall include a copy of the subpoena, SEC request or court 5 order; 6 2. promptly notify in writing the party who caused the subpoena, SEC request 7 or order to issue in the other matter that some or all of the material covered 8 by the subpoena or order is subject to this Order. Such notification shall 9 include a copy of this Order; and 10 3. cooperate with respect to all reasonable procedures sought to be pursued by 11 the Third-Party whose Confidential Discovery Material may be affected. 12 5. FILING CONFIDENTIAL DISCOVERY MATERIAL 13 Confidential Discovery Material filed with the Court, and portions of pleadings, motions 14 | or other papers filed with the Court that disclose such Confidential Discovery Material, shall be 15 | filed under seal with the Clerk of the Court in accordance with Local Rule JA 10-5 and kept under 16 | seal until further order of the Court. However, an amended complaint and accompanying service 17 | of process that names any particular defendant, their amount of shares, dates of purchase, and 18 identifies their address shall not be filed under seal. 19 The parties will use their best efforts to minimize such sealing. Any party may challenge 20 sealing in accordance with applicable law. Any motion regarding filing confidential 21 information and motions to seal will comply with the requirements of Kamakana v. City and 22 || County of Honolulu,

(9th Cir. 2006) and Center for Auto Safety v. Chrysler Group, 23 | LLC,

(9th Cir. 2016). 24 25 26 | /// 27 28

1 6. IMMEDIATE AND CONTINUING EFFECT 2 This Order shall become effective immediately upon its execution, and shall survive any 3 || settlement, discontinuance, dismissal, judgment or other disposition of the Action. 4 ORDER 5 IT IS SO ORDERED.

a a - 7 DATED: 2-21-25 tf a a

9 UNITESSTATES MAGISTRATE JUD

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