1 2 3

4 5

6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RIVA ON THE RIVER HOMEOWNERS Case No. 2:24-cv-02782-CSK

ASSOCIATION,

12 ORDER GRANTING MODIFIED Plaintiff, STIPULATED PROTECTIVE ORDER 13 v. (ECF No. 23) 14

THE MANAGEMENT ASSOCIATION,

15 INC., DBA THE MANAGEMENT

TRUST,

16 Defendant. 17 18 The Court has reviewed the parties’ stipulated protective order below (ECF No. 19 23), and finds it comports with the relevant authorities and the Court’s Local Rule. See 20 L.R. 141.1. The Court APPROVES the protective order, subject to the following 21 clarification. 22 The Court’s Local Rules indicate that once an action is closed, it “will not retain 23 jurisdiction over enforcement of the terms of any protective order filed in that action.” 24 L.R. 141.1(f); see Bylin Heating Sys., Inc. v. Thermal Techs., Inc., 2012 WL 13237584, 25 at *2 (E.D. Cal. Oct. 29, 2012) (noting that courts in the district generally do not retain 26 / / / 27 / / / 28 / / / 1 || jurisdiction for disputes concerning protective orders after closure of the case). Thus, the 2 || Court will not retain jurisdiction over this protective order once the case is closed. 3 4 || Dated: May 5, 2025 C iy s □□ 5 CHI SOO KIM 6 UNITED STATES MAGISTRATE JUDGE 7 8 || 4, riva 2782.24 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -2- 28 | STIPULATED PROTECTIVEORDER—“‘(‘C □□□ □□□□□□□□□□□ Case No. 2:24-cv-02782-CSK

1 Fletcher C. Alford, SBN 152314 falford@grsm.com 2 Kevin Liu, SBN 295287 kliu@grsm.com 3 Myles Lanzone, SBN 257791 mlanzone@grsm.com 4 GORDON REES SCULLY MANSUKHANI, LLP 315 Pacific Avenue 5 San Francisco, California 94111 Telephone: (415) 986-5900 6 Facsimile: (415) 986-8054 7 Attorneys for Defendant THE MANAGEMENT ASSOCIATION, INC., dba 8 THE MANAGEMENT TRUST

9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11 12 RIVA ON THE RIVER HOMEOWNERS Case No. 2:24-cv-02782-CSK 13 ASSOCIATION on behalf of itself and all others similarly situated, STIPULATED PROTECTIVE ORDER 14 Plaintiff, 15 v. 16

THE MANAGEMENT ASSOCIATION, INC.,

17 dba THE MANAGEMENT TRUST, a California Corporation, 18 Defendant. 19

20 1. PURPOSES AND LIMITATIONS 21 Disclosure and discovery activity in this action are likely to involve production of 22 confidential, proprietary, or private information for which special protection from public disclosure 23 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 24 the parties hereby stipulate to and petition the court to enter the following Stipulated Protective 25 Order. The parties acknowledge that this Order does not confer blanket protections on all 26 disclosures or responses to discovery and that the protection it affords from public disclosure and 27 -3- 28 STIPULATED PROTECTIVE ORDER 1 use extends only to the limited information or items that are entitled to confidential treatment under 2 the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 3 that this Stipulated Protective Order does not entitle them to file confidential information under 4 seal; the Eastern District of California’s Local Rule 141 sets forth the procedures that must be 5 followed and the standards that will be applied when a party seeks permission from the court to file 6 material under seal. 7 2. DEFINITIONS 8 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 9 information or items under this Order. 10 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 11 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 12 Civil Procedure 26(c), and includes: 13 (a) Proprietary and confidential business financial information and/or records including 14 financial statements, ledgers, balance sheets, budgets, income and expense statements, bank 15 statements, account reconciliations, financial audits, accountings; 16 (b) Confidential consumer information of Plaintiff’s current and/or former members, 17 including name, address, telephone number, property owned, credit and payment history, adverse 18 credit actions, and other related personal information; 19 (c) Records of internal and confidential disputes between Plaintiff and any of its members; 20 (d) Minutes of Plaintiff’s meetings including closed confidential executive sessions; 21 (e) Contracts or agreements between either Party and a third party relating to services 22 provided or to be provided, and communications relating to those contracts or agreements; 23 (f) Correspondence or communications between Plaintiff and any of its members or board 24 members that reference internal and confidential disputes between Plaintiff and any of its 25 members; 26 27 -4- 28 STIPULATED PROTECTIVE ORDER 1 (g) Confidential customer information of Defendant’s current, former, or potential 2 customers, including contact information, contracts, financial records, data, and communications 3 regarding financial performance or services related to actual or potential customers. 4 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 5 as their support staff). 6 2.4 Designating Party: a Party or Non-Party that designates information or items that it 7 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 8 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium 9 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 10 transcripts, and tangible things), that are produced or generated in disclosures or responses to 11 discovery in this matter. 12 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 13 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 14 consultant in this action. 15 2.7 House Counsel: attorneys who are employees of a party to this action. House 16 Counsel does not include Outside Counsel of Record or any other outside counsel. 17 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 18 entity not named as a Party to this action. 19 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action 20 but are retained to represent or advise a party to this action and have appeared in this action on 21 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 22 2.10 Party: any party to this action, including all of its officers, directors, employees, 23 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 24 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 25 Material in this action. 26 2.12 Professional Vendors: persons or entities that provide litigation support services 27 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, -5- 28 STIPULATED PROTECTIVE ORDER 1 storing, or retrieving data in any form or medium) and their employees and subcontractors. 2 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 3 “CONFIDENTIAL.” 4 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 5 Producing Party. 6 3. SCOPE 7 The protections conferred by this Stipulation and Order cover not only Protected Material 8 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all 9 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 10 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 11 However, the protections conferred by this Stipulation and Order do not cover the following 12 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 13 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 14 publication not involving a violation of this Order, including becoming part of the public record 15 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 16 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 17 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 18 Protected Material at trial shall be governed by a separate agreement or order. 19 4. DURATION 20 Even after final disposition of this litigation, the confidentiality obligations imposed by this 21 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 22 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 23 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 24 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 25 time limits for filing any motions or applications for extension of time pursuant to applicable law. 26 5. DESIGNATING PROTECTED MATERIAL 27 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or -6- 28 STIPULATED PROTECTIVE ORDER 1 Non-Party that designates information or items for protection under this Order must take care to 2 limit any such designation to specific material that qualifies under the appropriate standards. The 3 Designating Party must designate for protection only those parts of material, documents, items, or 4 oral or written communications that qualify – so that other portions of the material, documents, 5 items, or communications for which protection is not warranted are not swept unjustifiably within 6 the ambit of this Order. 7 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 8 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 9 encumber or retard the case development process or to impose unnecessary expenses and burdens 10 on other parties) expose the Designating Party to sanctions. 11 If it comes to a Designating Party’s attention that information or items that it designated for 12 protection do not qualify for protection, that Designating Party must promptly notify all other 13 Parties that it is withdrawing the mistaken designation. 14 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 15 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 16 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 17 designated before the material is disclosed or produced. 18 Designation in conformity with this Order requires: 19 (a) For information in documentary form (e.g., paper or electronic documents, but 20 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 21 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 22 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 23 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 24 A Party or Non-Party that makes original documents or materials available for inspection need not 25 designate them for protection until after the inspecting Party has indicated which material it would 26 like copied and produced. During the inspection and before the designation, all of the material made 27 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has -7- 28 STIPULATED PROTECTIVE ORDER 1 identified the documents it wants copied and produced, the Producing Party must determine which 2 documents, or portions thereof, qualify for protection under this Order. Then, before producing the 3 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 4 that contains Protected Material. If only a portion or portions of the material on a page qualifies for 5 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 6 appropriate markings in the margins). 7 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 8 Designating Party identify on the record, before the close of the deposition, hearing, or other 9 proceeding, all protected testimony. When it is impractical to identify separately each portion of 10 testimony that is entitled to protection and/or it appears that substantial portions of the testimony 11 may qualify for protection, the Designating Party may invoke on the record (before the deposition, 12 hearing, or other proceeding is concluded) a right to have up to 21 days to identify the specific 13 portions of the testimony as to which protection is sought (“21 Day Period”). This interim 14 protection shall apply until the Designating Party confirms it has identified all protected portions or 15 the 21 Day Period expires, whichever comes first. Thereafter, only those portions of the testimony 16 that are designated for protection within the 21 days shall be covered by the provisions of this 17 Stipulated Protective Order. 18 (c) for information produced in some form other than documentary and for any other 19 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 20 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 21 portion or portions of the information or item warrant protection, the Producing Party, to the extent 22 practicable, shall identify the protected portion(s). 23 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 24 designate qualified information or items does not, standing alone, waive the Designating Party’s 25 right to secure protection under this Order for such material. Upon timely correction of a 26 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 27 in accordance with the provisions of this Order. -8- 28 STIPULATED PROTECTIVE ORDER 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 3 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 4 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 5 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 6 challenge a confidentiality designation by electing not to mount a challenge promptly after the 7 original designation is disclosed. 8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 9 by providing written notice of each designation it is challenging and describing the basis for each 10 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 11 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 12 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 13 begin the process by conferring directly (in voice to voice dialogue; other forms of communication 14 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 15 Party must explain the basis for its belief that the confidentiality designation was not proper and 16 must give the Designating Party an opportunity to review the designated material, to reconsider the 17 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 18 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 19 has engaged in this meet and confer process first or establishes that the Designating Party is 20 unwilling to participate in the meet and confer process in a timely manner. 21 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 22 intervention, the Designating Party shall file and serve a motion pursuant to Local Rule 251 and 23 U.S. Magistrate Judge Chi Soo Kim’s Civil Standing Orders, section II.A. (or seek informal 24 resolution pursuant to section II.B.) to retain confidentiality within 21 days of the initial notice of 25 challenge or within 14 days of the parties agreeing that the meet and confer process will not resolve 26 their dispute, whichever is earlier. Each such motion must be accompanied by a competent 27 declaration affirming that the movant has complied with the meet and confer requirements imposed -9- 28 STIPULATED PROTECTIVE ORDER 1 in the preceding paragraph and Local Rule 251(b), or the parties shall submit a joint statement 2 pursuant to Local Rule 251(c). Failure by the Designating Party to make such a motion including 3 the required declaration within 21 days (or 14 days, if applicable) shall automatically waive the 4 confidentiality designation for each challenged designation. In addition, the Challenging Party may 5 file a motion pursuant to Local Rule 251 and U.S. Magistrate Judge Chi Soo Kim’s Civil Standing 6 Orders, section II.A. (or seek informal resolution pursuant to section II.B.) challenging a 7 confidentiality designation at any time if there is good cause for doing so, including a challenge to 8 the designation of a deposition transcript or any portions thereof. Any motion brought pursuant to 9 this provision must be accompanied by a competent declaration affirming that the movant has 10 complied with the meet and confer requirements imposed by the preceding paragraph and Local 11 Rule 251(b), or the parties shall submit a joint statement pursuant to Local Rule 251(c). 12 The burden of persuasion in any such challenge proceeding shall be on the Designating 13 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 14 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 15 Unless the Designating Party has waived the confidentiality designation by failing to file a motion 16 to retain confidentiality as described above, all parties shall continue to afford the material in 17 question the level of protection to which it is entitled under the Producing Party’s designation until 18 the court rules on the challenge. 19 7. ACCESS TO AND USE OF PROTECTED MATERIAL 20 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 21 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 22 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 23 the categories of persons and under the conditions described in this Order. When the litigation has 24 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 25 DISPOSITION). 26 Protected Material must be stored and maintained by a Receiving Party at a location and in a 27 secure manner that ensures that access is limited to the persons authorized under this Order. -10- 28 STIPULATED PROTECTIVE ORDER 1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 2 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 3 information or item designated “CONFIDENTIAL” only to: 4 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 5 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 6 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is 7 attached hereto as Exhibit A; 8 (b) the officers, directors, and employees (including House Counsel) of the Receiving 9 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 12 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 13 to Be Bound” (Exhibit A); 14 (d) the court and its personnel; 15 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 16 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 17 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 19 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 20 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 21 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 22 bound by the court reporter and may not be disclosed to anyone except as permitted under this 23 Stipulated Protective Order. 24 (g) the author or recipient of a document containing the information or a custodian or 25 other person who otherwise possessed or knew the information.

26 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 27 -11- 28 STIPULATED PROTECTIVE ORDER 1 LITIGATION 2 If a Party is served with a subpoena or a court order issued in other litigation that compels 3 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 4 must: 5 (a) promptly notify in writing the Designating Party. Such notification shall include a 6 copy of the subpoena or court order; 7 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 8 other litigation that some or all of the material covered by the subpoena or order is subject to this 9 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 10 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 11 Designating Party whose Protected Material may be affected. 12 If the Designating Party timely seeks a protective order, the Party served with the subpoena 13 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 14 before a determination by the court from which the subpoena or order issued, unless the Party has 15 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 16 expense of seeking protection in that court of its confidential material – and nothing in these 17 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 18 disobey a lawful directive from another court. 19 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 20 LITIGATION 21 (a) The terms of this Order are applicable to information produced by a Non-Party in this 22 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 23 connection with this litigation is protected by the remedies and relief provided by this Order. 24 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 25 protections. 26 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 27 Party’s confidential information in its possession, and the Party is subject to an agreement with the -12- 28 STIPULATED PROTECTIVE ORDER 1 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 2 (1) promptly notify in writing the Requesting Party and the Non-Party that some or 3 all of the information requested is subject to a confidentiality agreement with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in 5 this litigation, the relevant discovery request(s), and a reasonably specific description of the 6 information requested; and 7 (3) make the information requested available for inspection by the Non-Party. 8 (c) If the Non-Party fails to object or seek a protective order from this court within 14 9 days of receiving the notice and accompanying information, the Receiving Party may produce the 10 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 11 seeks a protective order, the Receiving Party shall not produce any information in its possession or 12 control that is subject to the confidentiality agreement with the Non-Party before a determination by 13 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 14 seeking protection in this court of its Protected Material. 15 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 16 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 17 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 18 the Receiving Party must immediately (a) notify in writing the Designating Party of the 19 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 20 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 21 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 22 Agreement to Be Bound” that is attached hereto as Exhibit A. 23 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 24 MATERIAL 25 When a Producing Party gives notice to Receiving Parties that certain inadvertently 26 produced material is subject to a claim of privilege or other protection, the obligations of the 27 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision -13- 28 STIPULATED PROTECTIVE ORDER 1 is not intended to modify whatever procedure may be established in an e-discovery order that 2 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) 3 and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or 4 information covered by the attorney-client privilege or work product protection, the parties may 5 incorporate their agreement in the stipulated protective order submitted to the court. 6 12. MISCELLANEOUS 7 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 8 seek its modification by the court in the future. 9 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 10 no Party waives any right it otherwise would have to object to disclosing or producing any 11 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 12 Party waives any right to object on any ground to use in evidence of any of the material covered by 13 this Protective Order. 14 12.3 Filing Protected Material. Without written permission from the Designating Party or 15 a court order secured after appropriate notice to all interested persons, a Party may not file in the 16 public record in this action any Protected Material. A Party that seeks to file under seal any 17 Protected Material must comply with the Eastern District of California’s Local Rule 141. Protected 18 Material may only be filed under seal pursuant to a court order authorizing the sealing of the 19 specific Protected Material at issue. A sealing order will issue only upon a request establishing that 20 the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to 21 protection under the law. If a Receiving Party's request to file Protected Material under seal 22 pursuant to the Eastern District of California’s Local Rule 141 is denied by the court, then the 23 Receiving Party may file the information in the public record unless otherwise instructed by the 24 court. 25 13. FINAL DISPOSITION 26 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 27 Receiving Party must return all Protected Material to the Producing Party or destroy such material. -14- 28 STIPULATED PROTECTIVE ORDER 1 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 2 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 3 the Protected Material is returned or destroyed, the Receiving Party must submit a written 4 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 5 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 6 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 7 abstracts, compilations, summaries or any other format reproducing or capturing any of the 8 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy 9 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 10 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 11 and expert work product, even if such materials contain Protected Material. Any such archival 12 copies that contain or constitute Protected Material remain subject to this Protective Order as set 13 forth in Section 4 (DURATION).

14

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

15

16 Dated: May 1, 2025 MORGAN & MORGAN COMPLEX

LITIGATION GROUP

17 18 By: /s/ Marie N. Appel 19 Marie N. Appel Attorneys for Plaintiff 20 21

Dated: May 1, 2025 GORDON REES SCULLY MANSUKHANI,

LLP

22 23 By: /s/ Kevin Liu 24 Fletcher C. Alford 25 Kevin Liu Myles Lanzone 26 Attorneys for Defendant

THE MANAGEMENT ASSOCIATION, INC.,

27 dba THE MANAGEMENT TRUST -15- 28 STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ [print or 4 type full address], declare under penalty of perjury that I have read in its entirety and understand the 5 Stipulated Protective Order that was issued by the United States District Court for the Eastern 6 District of California on [date] in the case of ___________ [insert formal name of the case and 7 the number and initials assigned to it by the court]. I agree to comply with and to be bound by 8 all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so 9 comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise 10 that I will not disclose in any manner any information or item that is subject to this Stipulated 11 Protective Order to any person or entity except in strict compliance with the provisions of this 12 Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 14 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even 15 if such enforcement proceedings occur after termination of this action. 16 I hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone number] 18 as my California agent for service of process in connection with this action or any proceedings 19 related to enforcement of this Stipulated Protective Order. 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________

22 Printed name: _______________________________

23 Signature: __________________________________

24 25 26 27 -16- 28 STIPULATED PROTECTIVE ORDER