1 Stephen M. Lobbin (SBN 181195) Email: sml@smlavvocati.com 2 SML Avvocati P.C. 3 888 Prospect Street, Suite 200 La Jolla, CA 92037 4 Tel: 949.636.1391 5 Cortney S. Alexander (admitted pro hac vice) 6 Email: cortneyalexander@kentrisley.com 7 Tel: 404.855.3867 Kent & Risley LLC 8 5755 N Point Pkwy, Ste 57 9 Alpharetta, GA 30022 10 Attorneys for Defendant & Counterclaim- 11 Plaintiff POWERbahn, LLC 12

UNITED STATES DISTRICT COURT

13

CENTRAL DISTRICT OF CALIFORNIA

14 CORE HEALTH & FITNESS, LLC, Case No. 8:25-cv-00369-FWS-DFM 15 Plaintiff, 16 PROTECTIVE ORDER v. 17 POWERBAHN, LLC, and DOES 1 18 through 10, inclusive,

19 Defendants.

20

POWERBAHN, LLC,

21 Counter-Plaintiff, 22 v. 23

CORE HEALTH & FITNESS, LLC,

24

Counter-Defendant. 25

26

27

28 1 1. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public 4 disclosure and from use for any purpose other than pursuing this litigation may 5 be warranted. Accordingly, the parties, Core Health & Fitness, LLC (“Core”) 6 and Powerbahn, LLC (“Powerbahn”) hereby stipulate to and petition the 7 Court to enter the following Stipulated Protective Order. The parties 8 acknowledge that this Order does not confer blanket protections on all 9 disclosures or responses to discovery and that the protection it affords from 10 public disclosure and use extends only to the limited information or items that 11 are entitled to confidential treatment under the applicable legal principles. 12 2. GOOD CAUSE STATEMENT 13 In light of the claims and allegations in this Action, this Action may 14 involve trade secrets, customer and pricing lists and other valuable research, 15 development, commercial, financial, technical and/or proprietary information 16 for which special protection from public disclosure and from use for any 17 purpose other than prosecution of this action is warranted. Such confidential 18 and proprietary materials and information may consist of, among other things, 19 confidential business or financial information, information regarding 20 21 confidential business practices, or other confidential research, development, or 22 commercial information (including information implicating privacy rights of 23 third parties), or other non-public information which may be privileged or 24 otherwise protected from disclosure under state or federal statutes, court rules, 25 case decisions, or common law. 26 Accordingly, to expedite the flow of information, to facilitate the prompt 27 resolution of disputes over confidentiality of discovery materials, to adequately 28 protect information the parties are entitled to keep confidential, to ensure that 1 the parties are permitted reasonable necessary uses of such material in 2 preparation for and in the conduct of trial, to address their handling at the end 3 of the litigation, and serve the ends of justice, a protective order for such 4 information is justified in this matter. It is the intent of the parties that 5 information will not be designated as confidential for tactical reasons and that 6 nothing be so designated without a good faith belief that it has been 7 maintained in a confidential, non-public manner, and there is good cause why 8 it should not be part of the public record of this case. 9 3. ACKNOWLEDGMENT OF UNDER SEAL FILING 10

PROCEDURE

11 The parties further acknowledge, as set forth in Section 14.3, below, that 12 this Stipulated Protective Order does not entitle them to file confidential 13 information under seal; Local Civil Rule 79-5 sets forth the procedures that 14 must be followed and the standards that will be applied when a party seeks 15 permission from the court to file material under seal. There is a strong 16 presumption that the public has a right of access to judicial proceedings and 17 records in civil cases. In connection with non-dispositive motions, good cause 18 must be shown to support a filing under seal. See Kamakana v. City and 19 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. 20 21 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 22 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 23 protective orders require good cause showing), and a specific showing of good 24 cause or compelling reasons with proper evidentiary support and legal 25 justification, must be made with respect to Protected Material that a party 26 seeks to file under seal. The parties’ mere designation of Disclosure or 27 Discovery Material as CONFIDENTIAL or “HIGHLY CONFIDENTIAL -- 28 ATTORNEYS’ EYES ONLY” does not— without the submission of 1 competent evidence by declaration, establishing that the material sought to be 2 filed under seal qualifies as confidential, privileged, or otherwise protectable— 3 constitute good cause. 4 Further, if a party requests sealing related to a dispositive motion or trial, 5 then compelling reasons, not only good cause, for the sealing must be shown, 6 and the relief sought shall be narrowly tailored to serve the specific interest to 7 be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th 8 Cir. 2010). For each item or type of information, document, or thing sought to 9 be filed or introduced under seal, the party seeking protection must articulate 10 compelling reasons, supported by specific facts and legal justification, for the 11 requested sealing order. Again, competent evidence supporting the application 12 to file documents under seal must be provided by declaration. 13 Any document that is not confidential, privileged, or otherwise 14 protectable in its entirety will not be filed under seal if the confidential portions 15 can be redacted. If documents can be redacted, then a redacted version for 16 public viewing, omitting only the confidential, privileged, or otherwise 17 protectable portions of the document, shall be filed. Any application that seeks 18 to file documents under seal in their entirety should include an explanation of 19 why redaction is not feasible. 20 21 4. DEFINITIONS 22 4.1 Action: Core Health & Fitness, LLC v. Powerbahn, LLC, Case No. 23 8:25-cv-00369-FWS-DFM, United States District Court, Central District of 24 California. 25 4.2 Challenging Party: a Party or Non-Party that challenges the 26 designation of information or items under this Order. 27 4.3 28 1 (a) “CONFIDENTIAL” Information or Items: information 2 (regardless of how it is generated, stored or maintained) or tangible things that 3 qualify for protection under Federal Rule of Civil Procedure 26(c), and as 4 specified above in the Good Cause Statement. 5 (b) “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” 6 Information or Items: extremely sensitive “CONFIDENTIAL” Information 7 or Items, the disclosure of which to another Party or Non-Party would create a 8 substantial risk of serious harm that could not be avoided by less restrictive 9 means. 10 (c) For avoidance of doubt, to the extent POWERbahn designates any 11 documents or information that disclose proceeds relating to POWERbahn’s 12 Patents (as defined in the Exclusive License Agreement between Core and 13 POWERbahn) “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 14 ONLY,” POWERbahn does not object to Core’s Outside Counsel disclosing 15 to those personnel of Core entitled to access Confidential Information under 16 this Order the amount of such proceeds, and/or if such proceeds were not 17 stated solely as a cash amount (e.g. settlement consideration including an 18 assignment of property or rights) disclosing the consideration received by 19 POWERbahn (though POWERbahn does not represent that it has the ability 20 21 to waive any contractual rights of third parties regarding the confidentiality of 22 such information). The Parties’ rights are otherwise reserved with respect to 23 any designations made pursuant to this Order, including with respect to 24 challenging designations in accordance with Section 8 herein. 25 4.4 Counsel: Outside Counsel of Record and House Counsel (as well 26 as their support staff). 27 4.5 Designating Party: a Party or Non-Party that designates 28 information or items that it produces in disclosures or in responses to discovery 1 as “CONFIDENTIAL” or HIGHLY CONFIDENTIAL – ATTORNEYS’ 2 EYES ONLY”. 3 4.6 Disclosure or Discovery Material: all items or information, 4 regardless of the medium or manner in which it is generated, stored, or 5 maintained (including, among other things, testimony, transcripts, and tangible 6 things), that are produced or generated in disclosures or responses to discovery. 7 4.7 Expert: a person with specialized knowledge or experience in a 8 matter pertinent to the litigation who has been retained by a Party or its 9 counsel to serve as an expert witness or as a consultant in this Action. 10 4.8 House Counsel: attorneys who are employees of a party to this 11 Action. House Counsel does not include Outside Counsel of Record or any 12 other outside counsel. 13 4.9 Non-Party: any natural person, partnership, corporation, 14 association or other legal entity not named as a Party to this action. 15 4.10 Outside Counsel of Record: attorneys who are not employees of a 16 party to this Action but are retained to represent a party to this Action and 17 have appeared in this Action on behalf of that party or are affiliated with a law 18 firm that has appeared on behalf of that party, and includes support staff. 19 4.11 Party: any party to this Action, including all of its officers, 20 21 directors, employees, consultants, retained experts, and Outside Counsel of 22 Record (and their support staffs). 23 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 24 Discovery Material in this Action. 25 4.13 Professional Vendors: persons or entities that provide litigation 26 support services (e.g., photocopying, videotaping, translating, preparing 27 exhibits or demonstrations, and organizing, storing, or retrieving data in any 28 form or medium) and their employees and subcontractors. 1 4.14 Protected Material: any Disclosure or Discovery Material that is 2 designated as “CONFIDENTIAL” or HIGHLY CONFIDENTIAL – 3 ATTORNEYS’ EYES ONLY”. 4 4.15 Receiving Party: a Party that receives Disclosure or Discovery 5 Material from a Producing Party. 6 5. SCOPE 7 The protections conferred by this Stipulation and Order cover not only 8 Protected Material (as defined above), but also (1) any information copied or 9 extracted from Protected Material; (2) all copies, excerpts, summaries, or 10 compilations of Protected Material; and (3) any testimony, conversations, or 11 presentations by Parties or their Counsel that might reveal Protected Material. 12 Any use of Protected Material at trial shall be governed by the orders of 13 the trial judge and other applicable authorities. This Order does not govern the 14 use of Protected Material at trial. 15 6. DURATION 16 Once a case proceeds to trial, information that was designated as 17 “CONFIDENTIAL” or HIGHLY CONFIDENTIAL – ATTORNEYS’ 18 EYES ONLY” or maintained pursuant to this protective order used or 19 introduced as an exhibit at trial becomes public and will be presumptively 20 21 available to all members of the public, including the press, unless compelling 22 reasons supported by specific factual findings to proceed otherwise are made to 23 the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 24 (distinguishing “good cause” showing for sealing documents produced in 25 discovery from “compelling reasons” standard when merits-related documents 26 are part of court record). Accordingly, the terms of this protective order do not 27 extend beyond the commencement of the trial as to Information or Items used 28 or introduced as an exhibit at trial. 1 Even after final disposition of this litigation, the confidentiality obligations 2 imposed by this Order shall remain in effect until a Designating Party agrees 3 otherwise in writing or a court order otherwise directs. Final disposition shall be 4 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 5 with or without prejudice; and (2) final judgment herein after the completion and 6 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 7 including the time limits for filing any motions or applications for extension of 8 time pursuant to applicable law. 9 7. DESIGNATING PROTECTED MATERIAL 10 7.1 Exercise of Restraint and Care in Designating Material for 11 Protection. Each Party or Non-Party that designates information 12 or items for protection under this Order must take care to limit any such 13 designation to specific material that qualifies under the appropriate standards. 14 The Designating Party must designate for protection only those parts of 15 material, documents, items or oral or written communications that qualify so 16 that other portions of the material, documents, items or communications for 17 which protection is not warranted are not swept unjustifiably within the ambit 18 of this Order. 19 Mass, indiscriminate or routinized designations are prohibited. 20 Designations that are shown to be clearly unjustified or that have been made 21 22 for an improper purpose (e.g., to unnecessarily encumber the case development 23 process or to impose unnecessary expenses and burdens on other parties) may 24 expose the Designating Party to sanctions. 25 If it comes to a Designating Party’s attention that information or items 26 that it designated for protection do not qualify for protection, that Designating 27 Party must promptly notify all other Parties that it is withdrawing the 28 inapplicable designation. 1 7.2 Manner and Timing of Designations. Except as otherwise 2 provided in this Order, or as otherwise stipulated or ordered, Disclosure of 3 Discovery Material that qualifies for protection under this Order must be 4 clearly so designated before the material is disclosed or produced. 5 Designation in conformity with this Order requires: 6 (a) for information in documentary form (e.g., paper or electronic 7 documents, but excluding transcripts of depositions or other pretrial or trial 8 proceedings), that the Producing Party affix at a minimum, the legend 9 “CONFIDENTIAL” or HIGHLY CONFIDENTIAL – ATTORNEYS’ 10 EYES ONLY” to each page that contains protected material. If only a portion 11 of the material on a page qualifies for protection, the Producing Party also 12 must clearly identify the protected portion(s) (e.g., by making appropriate 13 markings in the margins). 14 A Party or Non-Party that makes original documents available for 15 inspection need not designate them for protection until after the inspecting 16 Party has indicated which documents it would like copied and produced. 17 During the inspection and before the designation, all of the material made 18 available for inspection shall be deemed “CONFIDENTIAL” or “HIGHLY 19 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. After the inspecting 20 21 Party has identified the documents it wants copied and produced, the 22 Producing Party must determine which documents, or portions thereof, qualify 23 for protection under this Order. Then, before producing the specified 24 documents, the Producing Party must affix the “CONFIDENTIAL” or 25 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to each 26 page that contains Protected Material. If only a portion of the material on a 27 page qualifies for protection, the Producing Party also must clearly identify the 28 protected portion(s) (e.g., by making appropriate markings in the margins). 1 (b) for testimony given in depositions that the Designating Party 2 identifies the Disclosure or Discovery Material on the record, before the close 3 of the deposition all protected testimony. 4 (c) for information produced in some form other than 5 documentary and for any other tangible items, that the Producing Party affix 6 in a prominent place on the exterior of the container or containers in which the 7 information is stored the legend “CONFIDENTIAL” or “HIGHLY 8 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or If only a portion or 9 portions of the information warrants protection, the Producing Party, to the 10 extent practicable, shall identify the protected portion(s). 11 7.3 Inadvertent Failures to Designate. If timely corrected, an 12 inadvertent failure to designate qualified information or items does not, 13 standing alone, waive the Designating Party’s right to secure protection under 14 this Order for such material. Upon timely correction of a designation, the 15 Receiving Party must make reasonable efforts to assure that the material is 16 treated in accordance with the provisions of this Order. 17 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 18 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 19 designation of confidentiality at any time that is consistent with the Court’s 20 21 Scheduling Order. 22 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 23 resolution process under Local Rule 37-1. 24 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 25 joint stipulation process pursuant to Local Rule 37-2. 26 8.4 The burden of persuasion in any such challenge proceeding shall be 27 on the Designating Party. Frivolous challenges, and those made for an 28 improper purpose (e.g., to harass or impose unnecessary expenses and burdens 1 on other parties) may expose the Challenging Party to sanctions. Unless the 2 Designating Party has waived or withdrawn the confidentiality designation, all 3 parties shall continue to afford the material in question the level of protection 4 to which it is entitled under the Producing Party’s designation until the Court 5 rules on the challenge. 6 9. ACCESS TO AND USE OF PROTECTED MATERIAL 7 9.1 Basic Principles. A Receiving Party may use Protected Material that 8 is disclosed or produced by another Party or by a Non-Party in connection 9 with this Action only for prosecuting, defending or attempting to settle this 10 Action. Such Protected Material may be disclosed only to the categories of 11 persons and under the conditions described in this Order. When the Action has 12 been terminated, a Receiving Party must comply with the provisions of section 13 15 below (FINAL DISPOSITION). 14 Protected Material must be stored and maintained by a Receiving Party 15 at a location and in a secure manner that ensures that access is limited to the 16 persons authorized under this Order. 17 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 18 otherwise ordered by the court or permitted in writing by the Designating 19 Party, a Receiving Party may disclose any information or item designated 20 21 “CONFIDENTIAL” only to: 22 (a) the Receiving Party’s Outside Counsel of Record in this 23 Action, as well as employees of said Outside Counsel of Record to whom it is 24 reasonably necessary to disclose the information for this Action; 25 (b) the officers, directors, and employees (including House 26 Counsel) of the Receiving Party to whom disclosure is reasonably necessary 27 for this Action; 28 (c) Experts (as defined in this Order) of the Receiving Party to 1 whom disclosure is reasonably necessary for this Action and who have signed 2 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (d) the court and its personnel; 4 (e) court reporters and their staff; 5 (f) professional jury or trial consultants, mock jurors, and 6 Professional Vendors to whom disclosure is reasonably necessary for this 7 Action and who have signed the “Acknowledgment and Agreement to Be 8 Bound” (Exhibit A); 9 (g) the author or recipient of a document containing the 10 information or a custodian or other person who otherwise possessed or knew 11 the information; 12 (h) during their depositions, witnesses, and attorneys for witnesses, 13 in the Action to whom disclosure is reasonably necessary provided: (1) the 14 deposing party requests that the witness sign the form attached as Exhibit A 15 hereto; and (2) they will not be permitted to keep any confidential information 16 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit 17 A), unless otherwise agreed by the Designating Party or ordered by the court. 18 Pages of transcribed deposition testimony or exhibits to depositions that reveal 19 Protected Material may be separately bound by the court reporter and may not 20 21 be disclosed to anyone except as permitted under this Stipulated Protective 22 Order; and 23 (i) any mediators or settlement officers and their supporting 24 personnel, mutually agreed upon by any of the parties engaged in settlement 25 discussions. 26 9.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ 27 EYES ONLY” Information or Items. Unless otherwise ordered by the court or 28 permitted in writing by the Designating Party, a Receiving Party may disclose 1 any information or item designated “HIGHLY CONFIDENTIAL – 2 ATTORNEYS’ EYES ONLY” only to: 3 (a) those identified in Section 9.2(a), (c), (d), (e), (f), (g), and (i); 4 (b) the Parties will meet and confer with respect to the disclosure 5 of Information or Items designated “HIGHLY CONFIDENTIAL – 6 ATTORNEYS’ EYES ONLY” to witnesses and attorneys for witnesses during 7 deposition, to the extent disclosure is not otherwise authorized pursuant to 8 Section 9.3(a). 9 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 10 PRODUCED IN OTHER LITIGATION

11 If a Party is served with a subpoena or a court order issued in other 12 litigation that compels disclosure of any information or items designated in this 13 Action as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – 14 ATTORNEYS’ EYES ONLY” that Party must: 15 (a) promptly notify in writing the Designating Party. Such 16 notification shall include a copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the subpoena 18 or order to issue in the other litigation that some or all of the material covered 19 by the subpoena or order is subject to this Protective Order. Such notification 20 21 shall include a copy of this Stipulated Protective Order; and 22 (c) cooperate with respect to all reasonable procedures sought to be 23 pursued by the Designating Party whose Protected Material may be affected. If 24 the Designating Party timely seeks a protective order, the Party served with the 25 subpoena or court order shall not produce any information designated in this 26 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 27 ATTORNEYS’ EYES ONLY” before a determination by the court from 28 which the subpoena or order issued, unless the Party has obtained the 1 Designating Party’s permission. The Designating Party shall bear the burden 2 and expense of seeking protection in that court of its confidential material and 3 nothing in these provisions should be construed as authorizing or encouraging 4 a Receiving Party in this Action to disobey a lawful directive from another 5 court. 6 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 7

BE PRODUCED IN THIS LITIGATION

8 (a) The terms of this Order are applicable to information produced 9 by a Non-Party in this Action and designated as “CONFIDENTIAL” or 10 11 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. Such 12 information produced by Non-Parties in connection with this litigation is 13 protected by the remedies and relief provided by this Order. Nothing in these 14 provisions should be construed as prohibiting a Non-Party from seeking 15 additional protections. 16 (b) In the event that a Party is required, by a valid discovery 17 request, to produce a Non-Party’s confidential information in its possession, 18 and the Party is subject to an agreement with the Non-Party not to produce the 19 Non-Party’s confidential information, then the Party shall: 20 (1) promptly notify in writing the Requesting Party and the Non- 21 Party that some or all of the information requested is subject to a 22 confidentiality agreement with a Non-Party; 23 (2) promptly provide the Non-Party with a copy of the Stipulated 24 Protective Order in this Action, the relevant discovery request(s), and a 25 reasonably specific description of the information requested; and 26 (3) make the information requested available for inspection by the 27 Non-Party, if requested. 28 1 (c) If the Non-Party fails to seek a protective order from this court 2 within 14 days of receiving the notice and accompanying information, the 3 Receiving Party may produce the Non-Party’s confidential information 4 responsive to the discovery request. If the Non-Party timely seeks a protective 5 order, the Receiving Party shall not produce any information in its possession 6 or control that is subject to the confidentiality agreement with the Non-Party 7 before a determination by the court. Absent a court order to the contrary, the 8 Non-Party shall bear the burden and expense of seeking protection in this court 9 of its Protected Material. 10 12. UNAUTHORIZED DISCLOSURE OF PROTECTED 11 MATERIAL

12 If a Receiving Party learns that, by inadvertence or otherwise, it has 13 disclosed Protected Material to any person or in any circumstance not 14 authorized under this Stipulated Protective Order, the Receiving Party must 15 immediately (a) notify in writing the Designating Party of the unauthorized 16 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 17 Protected Material, (c) inform the person or persons to whom unauthorized 18 disclosures were made of all the terms of this Order, and (d) request such 19 person or persons to execute the “Acknowledgment an Agreement to Be 20 21 Bound” attached hereto as Exhibit A. 22 13. INADVERTENT PRODUCTION OF PRIVILEGED OR

OTHERWISE PROTECTED MATERIAL

23

24 When a Producing Party gives notice to Receiving Parties that certain 25 inadvertently produced material is subject to a claim of privilege or other 26 protection, the obligations of the Receiving Parties are those set forth in 27 Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 28 modify whatever procedure may be established in an e-discovery order that 1 provides for production without prior privilege review. Pursuant to Federal 2 Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on 3 the effect of disclosure of a communication or information covered by the 4 attorney-client privilege or work product protection, the parties may 5 incorporate their agreement in the stipulated protective order submitted to the 6 court. 7 14. MISCELLANEOUS 8 14.1 Right to Further Relief. Nothing in this Order abridges the right of 9 any person to seek its modification by the Court in the future. 10 14.2 Right to Assert Other Objections. By stipulating to the entry of this 11 Protective Order, no Party waives any right it otherwise would have to object 12 to disclosing or producing any information or item on any ground not 13 addressed in this Stipulated Protective Order. Similarly, no Party waives any 14 right to object on any ground to use in evidence of any of the material covered 15 by this Protective Order. 16 14.3 Filing Protected Material. A Party that seeks to file under seal any 17 Protected Material must comply with Local Civil Rule 79-5. Protected 18 Material may only be filed under seal pursuant to a court order authorizing the 19 sealing of the specific Protected Material. If a Party’s request to file Protected 20 21 Material under seal is denied by the court, then the Receiving Party may file 22 the information in the public record unless otherwise instructed by the court. 23 15. FINAL DISPOSITION 24 After the final disposition of this Action, as defined in paragraph 6, 25 within 60 days of a written request by the Designating Party, each Receiving 26 Party must return all Protected Material to the Producing Party or destroy such 27 material. As used in this subdivision, “all Protected Material” includes all 28 copies, abstracts, compilations, summaries, and any other format reproducing 1 capturing any of the Protected Material. Whether the Protected Material is 2 ||returned or destroyed, the Receiving Party must submit a written certification 3 |/to the Producing Party (and, if not the same person or entity, to the 4 || Designating Party) by the 60-day deadline that (1) identifies (by category, > || where appropriate) all the Protected Material that was returned or destroyed 6 lland (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing any of 8 the Protected Material. Notwithstanding this provision, Counsel are entitled to ° retain an archival copy of all pleadings, motion papers, trial, deposition, and 0 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain Protected Material. Any such

4 archival copies that contain or constitute Protected Material remain subject to

5 this Protective Order as set forth in Section 6 (DURATION). 16 16. VIOLATION UW Any violation of this Order may be punished by appropriate measures 18 including, without limitation, contempt proceedings and/or monetary 19 Sanctions. 20 21 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 23 || DATED: August 4, 2025 24 25 y {lL 26 DOUGIAS F. MCCORMIC 7 United States Magistrate Judge 28 17

1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2

3 Dated: August 1, 2025 MOJDEHI GALVIN REGO LLP 4

5

6 By: /s/ Allison M. Rego 7 Allison M. Rego 8 Attorneys for Plaintiff and Counter- 9 Defendant Core Health & Fitness, LLC 10 Dated: August 1, 2025 KENT & RISLEY LLC 11

12

13 By: /s/ Cortney S. Alexander 14 Cortney S. Alexander

15 Attorneys for Defendant and Counter- 16 Plaintiff Powerbahn, LLC 17 18 19 20 21 22 23 24 25 26 27 28 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 under penalty of 5 perjury that I have read in its entirety and understand the Stipulated Protective 6 Order that was issued by the United States District Court for the Central 7 District of California on [date] in the case of Core Health & Fitness, LLC v. 8 Powerbahn, LLC, Case No. 8:25-cv-00369-FWS-DFM. I agree to comply with 9 and to be bound by all the terms of this Stipulated Protective Order and I 10 understand and acknowledge that failure to so comply could expose me to 11 sanctions and punishment in the nature of contempt. I solemnly promise that I 12 will not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance 14 with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District 16 Court for the Central District of California for the purpose of enforcing the 17 terms of this Stipulated Protective Order, even if such enforcement proceedings 18 occur after termination of this action. I hereby appoint 19 20 ________________________ [print or type full name] of _________ [print or 21 type full address and telephone number] as my California agent for service of 22 process in connection with this action or any proceedings related to 23 enforcement of this Stipulated Protective Order. 24 Date: ____________________ 25 City and State where signed: ____________________ 26 Printed Name: ____________________ 27 28 Signature: ____________________