1 | Suzanne L. Martin Nevada Bar No. 8833 2 [email protected] 3 Courtney K. Lee Nevada Bar No. 8154 [email protected] OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 5} 10801 W. Charleston Blvd. Suite 500 Las Vegas, NV 89135 Telephone: 702.369.6800 7! Fax: 702.369.6888 8 Attorneys for Defendants Tryke Companies, LLC, Tryke Companies SO NV, LLC, Curaleaf, Inc., 10 Curaleaf Processing, Inc.

Wl UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 12 MICHAEL KINCHEN, an individual, Case No.: 2:25-cv-00761-ART-MDC 13 9 Plaintiff, se 14 vs. 8 15 STIPULATED PROTECTIVE ORDER TRYKE COMPANIES, LLC; TRYKE GOVERNING THE CONFIDENTIALITY "53 16] COMPANIES SO NV, LLC; CURALEAF, OF INFORMATION AND DOCUMENTS INC.; CURALEAF PROCESSING, INC. □ 17] DOES I through X; and ROE Corporations XI through XX, inclusive, 18 19 Defendants. 20 Plaintiff Michael Kinchen (‘Plaintiff’) and Defendants, Tryke Companies, LLC, Tryke 21 | Companies SO NV, LLC, Curaleaf, Inc., and Curaleaf Processing, Inc. (“Defendants”), 22 | (collectively referred to as “Parties”), by and through their respective attorneys of record, hereby 23 | request the Court enter the following Stipulated Protective Order Governing the Confidentiality of 24 | Information and Documents (“Stipulated Protective Order”). This Stipulation is brought pursuant 25 | to and in compliance with Local Rule 7-1. 2%6 Plaintiff is expected to request confidential, non-public information and documents from Defendant(s), including, but not limited to, production processes, and financial information, non- 28 public business records, personnel files, training materials, manuals, and other information and

1 | documents regarding certain individuals, including employees who are not, and are not expected to 2 be, parties to this matter. Plaintiff may also request documents related to Defendant’s business 3 operations. Defendant considers this information and these documents to be private and 4} confidential. In addition, Defendants may request confidential, non-public information and 5 | documents from Plaintiff and third-parties, including financial records, medical records, and other 6 | information and documents regarding certain individuals, who are not, and are not expected to be, 7 individual parties to this action. 8 Discovery in this case will require the production of documents, inspection of tangible 9 | things, the answering of Interrogatories and Requests to Admit, and the taking of oral and/or 10] written depositions, during which the aforementioned medical, confidential and/or private 11 | information and documents of the Parties will be exchanged and disclosed. To expedite the flow 12 | of discovery, facilitate the prompt resolution of disputes over confidentiality, and to adequately 13 | protect material entitled to be kept confidential, the Parties agree to limit the disclosure and use of 14] proprietary, confidential, and private information and documents as stipulated, pursuant to this 15 | Stipulated Protective Order on the following terms: 16} 1. DEFINITIONS + 17 The following definitions shall apply to this Protective Order: 18 A. This “Action” shall refer to the above-captioned proceeding in the United States 19 | District Court for the District of Nevada and any appeal thereof through final judgment. 20 B. “Producing Party” shall mean any person or entity producing documents, 21) information or other materials in this Action, including any Party to this Action or any third parties. 22 C. “Party” shall mean the Plaintiff and Defendants in this Action, and any other person 23 | that may become a named Party to this Action. 24 D. “Confidential” information shall be defined as such documents, deposition 25} testimony or other information disclosed during discovery in this Action which the Producing Party or another Party reasonably and in good faith contends contains information that should be protected from disclosure as a public record or to non-parties, counsel, and expert witnesses. Any 28 | Party may designate any information or documents as Confidential in the reasonable exercise of

1 | such Party’s sole discretion; provided, however, by agreeing to this Protective Order, no Party 2 | waives the right to challenge any other Party’s designation of any information or document as 3 | Confidential. 4 E. “Legend” as used herein shall mean a stamp or similar insignia stating 5] “Confidential.” 6 F. When reference is made in this Protective Order to any document or Party, the 7 | singular shall include the plural, and plural shall include the singular. 8 | IL. DESIGNATION OF INFORMATION AND DOCUMENTS 9 A. When any document, deposition testimony, or things produced under this Protective 10 | Order are designated as Confidential Information, a Legend shall be affixed to the first page and all 11 | pages containing information for which the Producing Party seeks protection. When information 12 | produced in answer to an Interrogatory, or response to a Request for Production or Request for 13 | Admission is designated as Confidential, the response or answer shall be preceded with the 14 | appropriate designation in the response or answer to such discovery. 15 B. Documents being produced by both Plaintiff and Defendant may contain social 16 || security numbers. Without need of any designation, social security numbers will be deemed to be + 17 | Confidential. In the event a document is produced without the redaction of a social security 18 | number, any Party seeking to use the document will make every effort to redact the social security 19 | number before its use in a deposition, court proceeding or court filing. 20 C. The initial failure to designate information or documents as Confidential in 21) accordance with this Stipulated Protective Order shall not preclude the Producing Party from, at a 22 | reasonable later date, designating any information or documents as Confidential. The Producing 23] Party may, by written notice to counsel of record for the receiving Party, designate previously 24 | produced information or documents as Confidential, which it had inadvertently failed to designate 25 | reasonably and in good-faith. The Producing Party will reproduce any such documents utilizing 26 || the similar bates-numbering with the Confidential Designation and will advise the non-producing party to destroy previously produced documents if they were inadvertently not marked confidential 28 || so as not to require an unnecessary burden on the non-producing party.

1] 0. LIMITATIONS 2 A. This Stipulated Protective Order shall govern only documents, information and 3 | materials generated or produced in response to any method of discovery conducted by any Party to 4 | this Action and used in the prosecution and defense of this Action. 5 B. Persons obtaining access to Confidential information under this Stipulated Protective Order shall use the information only for this matter’s discovery process and the 7 preparation of and the trial in this Action, including motion practice as permitted by the Court to 8 || the fullest extent of the law. Persons shall not use such information for any other purpose, 9 | including business, commercial, personal, administrative or judicial proceedings. 10 C. Nothing contained in this Stipulated Protective Order shall require any Party to treat 11 | as Confidential documents or information lawfully obtained by means other than through discovery 12 | in this Action and under circumstances that would lead a reasonable person to conclude that the 13 | documents or information were not intended to be kept confidential by the recipient; provided, 14 | however, that nothing in this Stipulated Protective Order shall authorize any use of documents or 15 | information which is otherwise impermissible. 16] IV. PERMISSIBLE DISCLOSURES/ACCESS + 17 Except as set forth herein, Confidential information, and any facts or information contained 18 | therein or derived therefrom, shall be disclosed only to the Court on the condition that the Court 19 | approve this Stipulated Protective Order, or enters an Order similar to this Stipulated Protective Order: (a) the Parties in the Action, including their agents, officers, directors, consultants, staff, 21) support personnel and employees, but only to the extent that such disclosure is necessary for the 22 conduct of litigation in the Action; (b) outside counsel for the Parties hereto and their agents, 23 | employees, paralegals, or other secretarial and clerical employees or agents; (c) experts, 24 | independent contractors, consultants, or advisors who are employed, engaged, or retained by, or on behalf of, one or more of the Parties to the Action or their counsel to assist in preparation of the 26 || Action for trial; (d) deponents and their counsel who have a need to review this material during the course of, or in connection with, depositions and discovery in or for this Action; (e) stenographic 28 || reporters who are involved in depositions (f) people who have previously received or created the

1 | document; and (g) witnesses in the Action who need to review this material in connection with 2 | their deposition testimony or review of materials in the Action outside of hearings, proceedings 3 | before the Court, or trial. Confidential information may be disclosed to persons listed in this 4] paragraph only after such person has been shown a copy of this Stipulated Protective Order and 5] agrees to be bound by the terms of this Stipulated Protective Order in the form attached hereto as 6 | Exhibit A. In the event an authorized person does not execute Exhibit A expressly agreeing to be 7 bound by this Stipulated Protective Order, the Parties and the Court will nevertheless deem the 8 | authorized person to be so bound. V. DECLASSIFICATION 10 Unless and until otherwise ordered by the Court, or otherwise agreed by the Parties, all 11 | documents and other discovery materials designated Confidential shall be treated as such under 12 | this Stipulated Protective Order. In the event that any Party objects to the designation of any 13 | document, the objecting Party may seek modification of the designation or the disclosure of the 14 | redacted information in accordance with the following procedure: 15 A. At any time, the recetving Party of any document or information designated as 16 | Confidential may notify the Producing Party, in writing, that the receiving Party does not concur in + 17 | the designation or redaction. The Parties shall attempt to resolve such challenges informally. In 18 | the event that such attempts are not successful, the Parties will follow the Informal Discovery 19 | Dispute Procedure outlined in the Civil Standing Order of U.S. Magistrate Judge Maximiliano D. 20 Couvillier III, Section I.B. Discovery Disputes, amendments thereto, or rule thereof. VI. DESIGNATED INFORMATION AND DOCUMENTS IN DEPOSITIONS 22 A. In the case where Confidential information or documents are used or revealed 23} during a deposition, designation of the transcript or any portion thereof, including the designated 24 | documents or other exhibits, deemed to be Confidential, may be made by a statement by a Party, 25 | counsel or the witness on the record, so that the stenographer transcribing the deposition can affix a 26 | Legend to the cover page and all appropriate pages of the transcript and to each copy thereof for 27 | dissemination to counsel and in compliance with this Stipulated Protective Order. 284 ///

1 B. A Party or a witness may designate a deposition or trial transcript, or a portion 2 thereof, disclosing, containing or referring to any Confidential information or documents as 3] “Confidential” by informing counsel for all other Parties to this Action in writing within thirty (30) 4] days after receipt of the transcript as to the specific pages and lines deemed Confidential, and 5] thereafter such pages and lines shall constitute Confidential information or documents pursuant to 6 | this Stipulated Protective Order. Upon receipt of such notice, any Party in possession of copies of the transcript with the designated pages and lines shall affix the appropriate Legend thereto. 8 | During the no more than 30-day interval following receipt of a transcript, the transcript shall be 9 || treated as Confidential. 10] VII. DESIGNATED INFORMATION AND DOCUMENTS IN BRIEFS 11 | The Parties recognize that designating Information as Confidential is not sufficient grounds for that 12} document to be filed under seal in connection with either a non-dispositive or dispositive motion.

13 The Parties acknowledge that to overcome the presumption of public access and maintain the confidentiality of Information designated as Confidential that is attached to a non-dispositive ; motion, the party seeking to maintain the Confidential designation of that Information must meet : the “good cause” standard articulated in Kamakana v. City and County of Honolulu,

18 | (9th Cir. 2006). The parties further acknowledge that, to overcome the presumption of public 19 | access and maintain the confidentiality of Information designated as Confidential that is attached to 20 a dispositive motion, the party seeking to maintain the Confidential designation of that Information must meet the “compelling reasons” standard articulated in Kamakana. If a non-designating Party intends to file a motion containing mformation from, 04 summarizing, or attaching a Confidential document that the opposing Party has designated as Confidential pursuant this stipulated protective order, the non-designating moving Party must notify the opposing Party at least seven (7) days prior to filing the designated document(s). The 2] designating Party must make a good faith determination if the relevant standard for sealing is met. To the extent the designating Party does not believe the relevant standard for sealing can be met, it

1 | shall indicate that the document may be filed publicly no later than four (4) days after receiving 2 | notice of the intended filing. To the extent the designating party believes the relevant standard for 3 sealing can be met, it shall provide a substantive declaration supporting that assertion no later than four (4) days after receiving notice of the intended filing. The non-designating moving Party shall then attach that declaration to a motion to seal. If the designating Party fails to provide such a

7 | declaration in support of the motion to seal, the filing Party shall file a motion to seal so indicating 8 || and the Court may order the document filed in the public record. Alternatively, the parties may meet and confer in advance of the motion to discuss whether and to 10 what extent the Confidential document or information may be used, e.g., by redacting information " not relevant to the motion or argument, so as to avoid the burden of filing the motion under seal. The parties agree to cooperate in good faith to reach a reasonable compromise with respect to the

14] use of Confidential documents and/or information in law and motion practice, and will comply, as 15 | applicable with the Civil Standing Order of U.S. Magistrate Judge Maximiliano D. Couvillier II, ; 16 | Section II.B. Discovery Disputes. In the event of an emergency motion, the above procedures shall not apply. Instead the 8 movant shall file a motion to seal and the designating party shall file a declaration in support of that motion to seal within three (3) days of its filing. If the designating Party fails to timely file

1 such declaration, the Court may order the document filed in the public record. 32 | Motions to seal shall be filed consistent with Federal Rule of Civil Procedure 5.2, and Local Rule 23} 10-5. 24! vill. DESIGNATED INFORMATION AND DOCUMENTS IN THE RECORD OF THE 25 ACTION 26 Confidential information or documents may be offered in evidence at any hearing or the 27 trial in the Action. The designating Party shall initiate a meet and confer conference in advance of 2g | any hearing or trial that will provide the Parties a reasonable amount of time to meet and confer in

] | advance of a hearing and/or trial as to how the information or documents will be used including, by 2 | way of example, requesting that the Court designate a portion of a transcript containing the Parties’ 3 || discussion of the Confidential information or documents as Confidential and maintain it under seal, 4] only to be produced to the Parties’ at their request. If the Parties cannot agree about how the 5] information or documents will be used during a hearing and/or trial, before or at the time of the hearing and/or trial, the Party designating such Confidential status may move the Court for an 7 || Order that the evidence be received in camera, per Local Rule 10-4,or under other conditions to 8 | prevent unnecessary disclosure per Federal Rules of Civil Procedure 5.2 and Local Rule 10-5, as applicable, and consistent with the standards set forth in Kamakana vy. City and County of 10] Honolulu,

(9th Cir. 2006). If such a motion is made regarding evidence to be 11 | introduced at the time of a hearing and/or trial, then the Party designating such Confidential status 12 | shall notify opposing counsel and the Court of its intent to make the motion sufficiently in advance 13 | of and outside the presence of the jury so that counsel has the opportunity to object to the evidence 14 | and/or an opportunity to seek appropriate protection from the Court outside the presence of the jury 15 | and before the information or documents are offered into evidence in open court. The Court will 16 || then determine whether the proffered evidence should continue to be treated as Confidential and, if + 17 | so, what protection, if any, may be afforded to such information at the hearing. 18] IX. SUBPOENA BY COURT OR OTHER AGENCIES 19 If at any time any document or information protected by this Stipulated Protective Order is 20 | subpoenaed by any court, administrative or legislative body, or is requested by any other person or 21) entity purporting to have authority to require the production of such information, the Party to 22 | whom the subpoena or other request is directed shall give written notice thereof in no less than five 23} calendar days or reasonable time thereof to any Party which has designated such information 24 | Confidential. After receipt of the notice specified under this paragraph, the designating Party shall be responsible for obtaining any Order it believes necessary to prevent disclosure of documents designated, and the Party to whom the referenced subpoena or other request is directed shall produce such document or information only upon an Order issued by a judge of a court of 28 | competent jurisdiction requiring such production.

1] X. CLIENT CONSULTATION 2 Nothing in this Protective Order shall prevent or otherwise restrict counsel from rendering 3 | advice to their clients and, in the course thereof, relying generally on examination of stamped 4 Confidential Information or documents; provided, however, that in rendering such advice and 5] otherwise communicating with such clients, counsel shall not make specific disclosure of any items 6 || so designated except pursuant to the procedures in Paragraph IV above or by such reasonable and 7 | in good-faith measures. XI. COPIES OF DESIGNATED INFORMATION 9 The attorneys of record are responsible for employing reasonable measures, consistent with 10 | this Stipulated Protective Order, to control duplication of, access to, and distribution of copies of 11 | Confidential information. Parties shall not duplicate Confidential information or documents except 12 | working copies and for filing in Court under seal. All copies of any Confidential information or 13 | documents shall be treated as provided in this Stipulated Protective Order. 14] XI. NO WAIVER 15 A. No Confidential information or documents shall lose such status under this 16] Stipulated Protective Order as the result of the use of such information or documents in any + 17] hearing, trial, or other court proceeding in this Action, provided that such use is consistent with 18 | the terms of this Protective Order. 19 B. Notwithstanding anything to the contrary contained herein, all objections as to 20} admissibility in evidence of the discovery material subject to this Stipulated Protective Order are 21) reserved and are not waived by any terms of this Stipulated Protective Order. The use of 22 | Confidential information and documents as evidence at trial shall be subject to this Stipulated 23 || Protective Order unless otherwise agreed to by the Parties or modified by the Court or by any rule 24 | or requirement to the fullest extent of the law. 25 C. The inadvertent disclosure of Confidential information and documents shall not, under any circumstances, be deemed a waiver, in whole or in part, of any Party’s claims of 27 | confidentiality. 284 ///

1 D. The inadvertent production of any document or other information during discovery 2 | in this Action shall be without prejudice to any claim that such material is privileged, prohibited or 3 | protected from disclosure as privileged or work product, and no Party shall be held to have waived 4] any rights by reason of such inadvertent production. 5] XIU. NON-TERMINATION 6 The termination of proceedings in the Action shall not relieve the Parties from the obligation of maintaining the confidentiality of all information and documents produced and 8 | designated pursuant to this Stipulated Protective Order unless the Parties otherwise agree or the 9 | Court orders or permits otherwise. Upon the final disposition of the Action, all information and 10 | documents, including any summaries or abstracts of materials, however maintained, shall be kept 11 | completely confidential. Counsel for either Party may use the Confidential information and 12 | documents only for the purpose of defending ethical charges, and may not use Confidential 13 | information or documents in any subsequent lawsuit. 8 14] XIV. INADVERTENT PRODUCTION OF PRIVILEGED MATERIALS 15 A. The inadvertent production of information that is subject to a claim of any privilege 16] or other protection as trial-preparation material shall not constitute a waiver of any privilege or 17 | protection, provided that — consistent with the provisions of Fed. R. Civ. P. 26(b)(5) and Fed. R. 18} Evid. 502 — the Producing Party notifies the receiving Party in writing of the inadvertent 19 | production as soon as practicable following the Producing Party’s discovery of the inadvertent 20] production within fifteen (15) days after the producing party actually discovers that such 21) inadvertent disclosure occurred, amend its discovery response and notify the other party that such 22 | document was inadvertently produced and should have been withheld. 23 B. Following the Producing Party’s written notice of the inadvertent production, the receiving Party shall promptly return, destroy, or delete from its databases all copies of the 25] specified information within seventy-two (72) hours, and shall make reasonable efforts to retrieve 26 || the information if the receiving Party previously provided the information to third parties. 27 C. The receiving Party shall not assert a claim or argument in this or any other court or 28] legal proceeding that the Producing Party’s act of inadvertently producing the information

1 | constituted a waiver of the Producing Party’s privilege or other protection over the information. 2 | However, the requesting party does not waive any right to challenge the assertion of privilege and 3 | to request an order from the Court denying such privilege. 4 D. If there is a disagreement as to whether the specified information is privileged or 5] subject to protection, the receiving Party may present the information under seal to the Court for a 6 | determination. 7 E. Until the Court makes a determination of the privileged or protected status of the 8 | mformation, the receiving Party shall not use in any way (including, but not limited to, using the 9 | information in depositions or at trial) nor disclose the information to other Parties. 10 IT IS SO STIPULATED. 11 | DATED this 25" day of June, 2025. DATED this 25" day of June, 2025. 12 | GABROY/MESSER OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 13 af 14 /s/ Christian Gabroy /s/ Courtney K. Lee 3 Christian Gabroy Suzanne L. Martin 628 15] Nevada Bar No. 8805 Nevada Bar No. 8833 5 ii Kaine Messer Courtney K. Lee 16] Nevada Bar No. 14240 Nevada Bar No. 8154 “a The District at Green Valley Ranch Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 170 South Green Valley Parkway sue 500 Charleston Blvd. 18 | Suite 280 Las Vegas, NV 89135 Henderson, NV 89012 19 oe Attorneys for Defendants Tryke Companies, LLC, 0 Attorneys for Plaintiff Michael Kinchen Trvke Companies SO NV, LLC, Curaleaf, Inc., Curaleaf Processing, Inc. 21 22 ORDER “p 23 IT 1S SOORDERER AP a iF a 24 Lf?” Af om tt fmt mma 25 UNITED SAA S MAGISTRATE JUDG UNITE*STATES DIS@, RICT TUDGE 26 (fr fff TED: 6-27-25y yer_e2ras// 28

1 EXHIBIT A 2 UNDERSTANDING AND AGREEMENT REGARDING CONFIDENTIAL DOCUMENTS AND INFORMATION I hereby state that I have read and received a copy of the Stipulated Protective Order

; Governing the Confidentiality of Documents and Information (the “Order”) in Michael Kinchen v.

‘ Tryke Companies, LLC, et al., Case No. 2:25-cv-00761-ART-MDC, which case is currently 4 pending in the United States District Court for the District of Nevada (the “Court”). I understand

the terms of the Order, agree to be bound by those terms, and consent to the jurisdiction of the

9 Court with respect to enforcement of the Order.

10 ll Signature 12 PrintedName ss—(i‘“‘iéOOO! 13 Dated © 14

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