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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 RAMTIN ZAKIKHANI, KIMBERLY Case No.: 8:20-cv-01584-SB-JDE

ELZINGA, THEODORE MADDOX

13 JR., MICHAEL SUMMA, STIPULATED PROTECTIVE

JACQUELINE WASHINGTON, ORDER

14 PATTI TALLEY, ANA OLACIREGUI,

ELAINE PEACOCK, MELODY

15 IRISH, and DONNA TINSLEY, DISCOVERY MATTER individually and on behalf of all others 16 similarly situated,

17 Plaintiffs,

18 v. 19 HYUNDAI MOTOR COMPANY,

HYUNDAI MOTOR AMERICA, KIA

20 CORPORATION, and KIA AMERICA,

INC.,

21 Defendants 22

23 24 Pursuant to the parties’ Stipulation (Dkt. 86), and for good cause shown, the 25 Court finds and orders as follows. 26 / / / 27 / / / 28 / / /

STIPULATED PROTECTIVE ORDER

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1 1. PURPOSES AND LIMITATIONS 2 Discovery in this Action involves production of confidential, proprietary, or 3 private information for which special protection from public disclosure and from use 4 for any purpose other than prosecuting this litigation may be warranted. Accordingly, 5 the Parties hereby stipulate to and petition the Court to enter the following Stipulated 6 Protective Order. The Parties acknowledge that this Stipulated Protective Order does 7 not confer blanket protections on all disclosures or responses to discovery and that the 8 protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to confidential treatment under the applicable 10 legal principles. 11 2. GOOD CAUSE STATEMENT 12 This Action is likely to involve trade secrets, customer and pricing lists, and 13 other valuable research, development, commercial, financial, technical, and/or 14 proprietary information for which special protection from public disclosure and from 15 use for any purpose other than prosecution of this Action is warranted. Such 16 confidential and proprietary materials and information may consist of, among other 17 things, confidential business or financial information, private customer information, 18 information regarding confidential business practices, or other confidential research, 19 development, or commercial information (including information implicating privacy 20 rights of third parties), information otherwise generally unavailable to the public, or 21 which may be privileged or otherwise protected from disclosure under state or federal 22 statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow 23 of information, to facilitate the prompt resolution of disputes over confidentiality of 24 Discovery Materials, to adequately protect information the Parties are entitled to keep 25 confidential, to ensure that the Parties are permitted reasonable necessary uses of such 26 material in preparation for and in the conduct of trial, to address their handling at the 27 end of the Action, and to serve the ends of justice, a protective order for such 28 information is justified in this matter. It is the intent of the Parties that information will 1

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1 not be designated as confidential for tactical reasons and that nothing be so designated 2 without a good faith belief that it has been maintained in a confidential, non-public 3 manner, and there is good cause why it should not be part of the public record of this 4 case. 5 3. ACKNOWLEDGEMENT OF UNDER SEAL FILING PROCEDURE 6 The Parties acknowledge, as set forth in Section 14.3 below, that this Stipulated 7 Protective Order does not entitle the Parties to file confidential information under seal; 8 Local Civil Rule 79-5 sets forth the procedures that must be followed and the standards 9 that will be applied when a Party seeks permission from the Court to file material under 10 seal. There is a strong presumption that the public has a right of access to judicial 11 proceedings and records in civil cases. In connection with non-dispositive motions, 12 good cause must be shown to support a filing under seal. See Kamakana v. City and 13 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips ex rel. Estates of 14 Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Wellbon 15 v. Sony Elec., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 16 orders require good cause showing), and a specific showing of good cause or 17 compelling reasons with proper evidentiary support and legal justification, must be 18 made with respect to Protected Material that a Party seeks to file under seal. The 19 Parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 20 does not—without the submission of competent evidence by declaration, establishing 21 that the material sought to be filed under seal qualifies as confidential, privileged, or 22 otherwise protectable—constitute good cause. 23 Further, if a Party requests sealing related to a dispositive motion or trial, then 24 compelling reasons, not only good cause, for the sealing must be shown, and the relief 25 sought shall be narrowly tailored to serve the specific interest to be protected. See 26 Pintos v. Pac. Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 27 or type of information, document, or thing sought to be filed or introduced under seal, 28 the Party seeking protection must articulate compelling reasons, supported by specific 2

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1 facts and legal justification, for the requested sealing order. Again, competent evidence 2 supporting the application to file documents under seal must be provided by 3 declaration. Any requests for sealing filed in connection with a dispositive motion, a 4 class certification motion, or trial must be granted by the District Judge presiding over 5 the Action. 6 Any document that is not confidential, privileged, or otherwise protectable in 7 its entirety will not be filed under seal if the confidential portions can be redacted. If 8 documents can be redacted, then a redacted version for public viewing, omitting only 9 the confidential, privileged, or otherwise protectable portions of the document, shall 10 be filed. Any application that seeks to file documents under seal in their entirety should 11 include an explanation of why redaction is not feasible. 12 4. DEFINITIONS 13 4.1 Action: the above-captioned action, Ramtin Zakikhani, et al. v. Hyundai 14 Motor Company, et al., 8:20-cv-01584-SB-JDE (C.D. Cal.). 15 4.2 Challenging Party: a Party or Non-Party that challenges the designation 16 of information or items under this Stipulated Protective Order. 17 4.3 “CONFIDENTIAL” Information or Items: For purposes of this 18 Stipulated Protective Order, information that may be designated as 19 “CONFIDENTIAL” includes any information that a Party intends to produce and 20 believes in good faith to be confidential or sensitive non-public information, including, 21 but not limited to, research, design, development, financial, technical, marketing, 22 planning, personal, or commercial information, as such terms are used in Rule 26(c) 23 of the Federal Rules of Civil Procedure and any applicable case law interpreting Rule 24 26(c), and as specified above in the Good Cause Statement. “CONFIDENTIAL” 25 Information or Items also include information that a Party is required to maintain as 26 confidential under the terms of an agreement or other understanding. 27 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 28 support staff). 3

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1 4.5 Designating Party: a Party or Non-Party that designates information or 2 items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “PROTECTED DATA.” 4 4.6 Disclosure or Discovery Material: all items or information, regardless of 5 the medium or manner in which they are generated, stored, or maintained (including, 6 among other things, testimony, transcripts, and tangible things), that are produced or 7 generated in disclosures or responses to discovery. 8 4.7 Expert: a person or firm with specialized knowledge or experience in a 9 matter pertinent to the Action who has been retained by a Party or its Counsel to serve 10 as an expert witness or as a consultant in this Action. 11 4.8 “HIGHLY CONFIDENTIAL” Information or Items: For purposes of this 12 Stipulated Protective Order, Disclosure or Discovery Material may be designated as 13 “HIGHLY CONFIDENTIAL” if the Designating Party in good faith believes the 14 Disclosure or Discovery Material constitutes or contains confidential and highly 15 sensitive competitive business and/or proprietary information that warrants the highest 16 level of confidentiality, the disclosure of which other than as provided in Section 9.3 17 below will place the Producing Party at a competitive disadvantage. Any Producing 18 Party may designate as “HIGHLY CONFIDENTIAL”: (i) trade secrets; (ii) current 19 and future business and marketing plans that have not been disclosed to the public; 20 (iii) research and development activities that have not been disclosed to the public; (iv) 21 commercial agreements with third parties containing competitively sensitive 22 information, and the negotiations concerning such agreements, provided that the 23 Producing Party has taken reasonable steps to keep the terms of such agreements and 24 related negotiations—as distinct from the existence of the commercial relationship— 25 out of the public domain; (v) non-public communications with United States and 26 foreign patent offices that are not producible by those patent offices pursuant to public 27 records requests; (vi) non-public communications with United States or foreign 28 regulatory agencies that are not producible by those patent offices pursuant to public 4

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1 records requests; (vii) non-public financial information, including non-public sales 2 information, sales projections, profit calculations, income and costs (i.e., production, 3 marketing, and overhead); and (viii) any other category of information subsequently 4 agreed to by the parties in writing as constituting “HIGHLY CONFIDENTIAL” 5 Information or Items. 6 4.9 House Counsel: attorneys who are employees of a Party. House Counsel 7 does not include Outside Counsel of Record or any other outside counsel. 8 4.10 Non-Party: any natural person, partnership, corporation, association, or 9 other legal entity not named as a Party. 10 4.11 Outside Counsel of Record: attorneys who are not employees of a Party 11 but are retained to represent a Party and have appeared in this Action on behalf of that 12 Party or are affiliated with a law firm that has appeared on behalf of that Party, and 13 includes support staff. 14 4.12 Party: any party to this Action, including all of its officers, directors, 15 employees, consultants, retained experts, and Outside Counsel of Record (and their 16 support staffs). 17 4.13 Producing Party: a Party or Non-Party that produces Disclosure or 18 Discovery Material in this Action. 19 4.14 Professional Vendors: persons or entities that provide litigation support 20 services, including outside copying services, court reporters, interpreters, translators, 21 stenographers, or companies engaged in the business of supporting computerized or 22 electronic litigation discovery or trial preparation, and their employees and 23 subcontractors. 24 4.15 “PROTECTED DATA”: Sensitive personal information of individuals 25 that is protected from disclosure by an applicable law, statute, or regulation. 26 “PROTECTED DATA” includes the following: 27 (a) Social Security Numbers (SSN), except the last four digits; 28 (b) Passport Numbers, except the last four digits; 5

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1 (c) Driver’s License Numbers, except the last four digits; 2 (d) State Identification Numbers, except the last four digits; 3 (e) Taxpayer Identification Numbers, except the last four digits; 4 (f) Patient Identification Numbers, except the last four digits; 5 (g) Financial Account Numbers, except the last four digits; 6 (h) Credit/Debit Card Numbers, except the last four digits; 7 (i) Media Access Control (MAC) addresses, except the last four 8 digits; 9 (j) Biometric information; 10 (k) Fingerprints; 11 (l) Retina scans; 12 (m) Voice signatures; 13 (n) Facial geometry; 14 (o) Medical information unrelated to the alleged defects at issue in 15 this Action; 16 (p) Information identifying credit card or bank account balances; 17 (q) Names of minor children, unless related to the issue of providing 18 notice to a putative class; 19 (r) Home addresses, except for the State and zip code, that do not 20 relate to the issue of providing notice to a putative class or facilitating 21 service upon a potential witness to this Action; 22 (s) Dates of birth, other than the year of an individual’s birth; 23 (t) Alien Registration Numbers; 24 (u) Identification card numbers, except the last four digits; 25 (v) Data identifying the physical location of persons if not relevant 26 to the Action; 27 (w) Internet Protocol (IP) addresses, except the last four digits; 28 (x) Cookie IDs, except the last four digits; 6

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1 (y) Advertising identifiers of a phone, except the last four digits; 2 (z) Racial or ethnic origin; and 3 (aa) Genetic data. 4 No other information that falls outside the enumerated list above shall be 5 deemed “PROTECTED DATA” absent later agreement of the Parties or a court order. 6 4.16 Protected Material: any Disclosure or Discovery Material that is 7 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” or that 8 constitutes “PROTECTED DATA.” 9 4.17 Receiving Party: a Party that receives Disclosure or Discovery Material 10 from a Producing Party. 11 5. SCOPE 12 The protections conferred by this Stipulated Protective Order cover not only 13 Protected Material (as defined above), but also (1) any information copied or extracted 14 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 15 Protected Material; and (3) any testimony, conversations, or presentations by Parties 16 or their Counsel that might reveal Protected Material. Any use of Protected Material 17 at trial shall be governed by the orders of the trial judge and other applicable 18 authorities. This Stipulated Protective Order does not govern the use of Protected 19 Material at trial. 20 6. DURATION 21 Once this Action proceeds to trial, information that was designated as 22 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or maintained pursuant to this 23 Stipulated Protective Order that is used or introduced as an exhibit at trial becomes 24 public and will be presumptively available to all members of the public, including the 25 press, unless compelling reasons supported by specific factual findings to proceed 26 otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d 27 at 1180-81 (distinguishing “good cause” showing for sealing documents produced in 28 discovery from “compelling reasons” standard when merits-related documents are part 7

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1 of court record). Accordingly, the terms of this Stipulated Protective Order do not 2 extend to such information beyond the commencement of the trial. The terms of this 3 Stipulated Protective Order shall continue to apply to all other information and 4 documents not used or introduced as an exhibit at trial. 5 7. DESIGNATING PROTECTED MATERIAL 6 7.1 Exercise of Restraint and Care in Designating Material for 7 Protection. Each Party or Non-Party that designates information or items for protection 8 under this Stipulated Protective Order must take care to limit any such designation to 9 specific material that qualifies under the appropriate standards. The Designating Party 10 must designate for protection only those parts of material, documents, items, or oral 11 or written communications that qualify for protection so that other portions of the 12 material, documents, items, or communications for which protection is not warranted 13 are not swept unjustifiably within the ambit of this Stipulated Protective Order. 14 Mass, indiscriminate, or routinized designations are prohibited. Designations 15 that are shown to be clearly unjustified or that have been made for an improper purpose 16 (e.g., to unnecessarily encumber the case development process or to impose 17 unnecessary expenses and burdens on other parties) may expose the Designating Party 18 to sanctions. 19 If it comes to a Designating Party’s attention that information or items that it 20 designated for protection do not qualify for protection, that Designating Party must 21 promptly notify all other Parties that it is withdrawing the inapplicable designation. 22 7.2 Manner and Timing of Designations. Except as otherwise provided in this 23 Stipulated Protective Order or as otherwise stipulated or ordered, Disclosure or 24 Discovery Material that qualifies for protection under this Stipulated Protective Order 25 must be clearly so designated before the material is disclosed or produced. 26 Designation in conformity with this Stipulated Protective Order requires: 27 (a) for information in documentary form (e.g., paper or electronic 28 documents, but excluding transcripts of depositions or other pretrial or trial 8

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1 proceedings), that the Producing Party affix at a minimum, the legend 2 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “PROTECTED DATA” to 3 each document that contains any Protected Material. However, upon reasonable 4 request by a Party to a Designating Party to identify the specific portions of a document 5 that contain Protected Material purportedly justifying the designation, the Designating 6 Party shall provide that information, including the relevant pages, within five (5) 7 business days of the non-Designating Party’s request. A Party or Non-Party that makes 8 original documents available for inspection need not designate them for protection 9 until after the inspecting Party has indicated which documents it would like copied 10 and produced. During the inspection and before the designation, all of the material 11 made available for inspection shall be deemed “CONFIDENTIAL.” After the 12 inspecting Party has identified the documents it wants copied and produced, the 13 Producing Party must determine which documents, or portions thereof, qualify for 14 protection under this Stipulated Protective Order. Then, before producing the specified 15 documents, the Producing Party must affix the “CONFIDENTIAL,” “HIGHLY 16 CONFIDENTIAL,” or “PROTECTED DATA” legend, as appropriate, to each 17 document that contains Protected Material. However, upon reasonable request by a 18 Party to a Designating Party to identify the specific portions of a document that contain 19 Protected Material purportedly justifying the designation, the Designating Party shall 20 provide that information, including the relevant pages, within five (5) business days 21 of the non-Designating Party’s request. 22 (b) for testimony given in deposition that the Designating Party 23 designates portions of the testimony as “CONFIDENTIAL” or “HIGHLY 24 CONFIDENTIAL” on the record at the deposition, or by identifying specific pages 25 and/or lines as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” within 21 days 26 after receipt of the transcript of the deposition in which the designations are made. All 27 deposition transcripts shall be treated as “CONFIDENTIAL” for 21 days following 28 receipt by the Designating Party of the transcript. 9

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1 The Parties shall direct the reporter attending each deposition to place the 2 following legend in bold type on all the covers of all deposition transcripts: 3 “NOTICE: This deposition is subject to a Protective Order and may 4 contain “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” testimony 5 and/or exhibits.” 6 Whenever Protected Material is to be discussed or disclosed in a 7 deposition, the Designating Party for such Protected Material shall have the right to 8 require the exclusion from the room of any person who is not entitled to access such 9 Protected Material. Nothing in this provision is intended to impose any obligation 10 upon a Receiving Party beyond those imposed by the Federal Rules of Civil Procedure. 11 Any Party’s introduction or other use of Protected Material in a deposition shall not 12 be deemed to waive the continued designation and treatment of such Protected 13 Material as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “PROTECTED 14 DATA.” 15 (c) for information produced in some form other than documentary and 16 for any other tangible items, that the Producing Party affix in a prominent place on the 17 exterior of the container or containers in which the information or item is stored, as 18 applicable, the legend “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or 19 “PROTECTED DATA,” as appropriate. If only a portion or portions of the 20 information warrants protection, the Producing Party, to the extent practicable, shall 21 identify the protected portion(s). 22 7.3 Redaction of “PROTECTED DATA”: Any Party may redact 23 “PROTECTED DATA” that it claims, in good faith, requires protections under the 24 terms of this Stipulated Protective Order and which is irrelevant to the Action. 25 Redactions of “PROTECTED DATA” will include the reason for the redaction and 26 the redacting party shall prepare and maintain a log that identifies: (a) the Bates 27 number(s) of the redacted documents; (b) the category of “PROTECTED DATA” that 28 has been redacted (e.g., social security numbers, credit card numbers, etc.); and (c) a 10

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1 general description of the individual or entity to whom the redacted “PROTECTED 2 DATA” relates, if known, for example, whether the redacted information relates to a 3 Party, a customer or potential customer of a Party, a current or former employee, 4 officer, or director of a Party, a commercial supplier to a Party, or a governmental 5 agency. The Producing Party shall maintain the log of “PROTECTED DATA” 6 redactions and shall produce that log within 14 days of any production of documents 7 containing redacted Protected Data. The Producing Party shall reasonably respond to 8 reasonable requests for further specificity concerning redactions in good faith. Where 9 “PROTECTED DATA” is not redacted because it is relevant to the Action, the 10 document or information containing the “PROTECTED DATA” shall be designated 11 as “PROTECTED DATA.” Such “PROTECTED DATA,” while unredacted, shall 12 otherwise receive the same protections and treatment afforded to other “PROTECTED 13 DATA” under this Stipulated Protective Order. 14 7.4 Inadvertent Failures to Designate. If timely corrected, an inadvertent 15 failure to designate qualified information or items as “CONFIDENTIAL,” “HIGHLY 16 CONFIDENTIAL,” or “PROTECTED DATA” does not, standing alone, waive the 17 Designating Party’s right to secure protection under this Stipulated Protective Order 18 for such material. Upon timely correction of a designation, the Receiving Party must 19 make reasonable good faith efforts to assure that the material is treated in accordance 20 with the provisions of this Stipulated Protective Order. If the Producing Party amends 21 the designation of information or items pursuant to this section, the Producing Party 22 must provide a replacement production with the corrected designation and load file 23 within 21 days of the amendment of the designation. 24 7.5 The Receiving Party shall also exercise good faith efforts to ensure that 25 copies made of the material by the Receiving Party, and copies made by others who 26 obtained the material directly or indirectly from the Receiving Party, include the 27 appropriate confidentiality legend, to the same extent that the material has been 28 marked with the appropriate confidentiality legend by the Designating Party. 11

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1 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 8.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s Scheduling 4 Order. Unless a prompt challenge to a Designating Party’s confidentiality designation 5 is necessary to avoid foreseeable, substantial unfairness, and unnecessary economic 6 burdens, a Party does not waive its right to challenge a confidentiality designation by 7 electing not to mount a challenge promptly after the original designation is disclosed. 8 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 9 resolution process under Local Civil Rule 37-1 et seq. 10 8.3 Judicial Intervention. Any challenge submitted to the Court shall be via 11 a joint stipulation pursuant to Local Civil Rule 37-2. The burden of persuasion in any 12 such challenge proceeding shall be on the Designating Party. Frivolous challenges, 13 and those made for an improper purpose (e.g., to harass or impose unnecessary 14 expenses and burdens on other Parties) may expose the Challenging Party to sanctions. 15 Unless the Designating Party has waived or withdrawn the confidentiality designation, 16 all Parties shall continue to afford the material in question the level of protection to 17 which it is entitled under the Designating Party’s designation until the Court rules on 18 the challenge. 19 9. ACCESS TO AND USE OF PROTECTED MATERIAL 20 9.1 Basic Principles. A Receiving Party may use Protected Material that is 21 disclosed or produced by another Party or by a Non-Party in connection with this 22 Action only for prosecuting, defending, or attempting to settle this Action. Such 23 Protected Material may be disclosed only to the categories of persons and under the 24 conditions described in this Stipulated Protective Order. When the Action has been 25 terminated, a Receiving Party must comply with the provisions of Section 15 below 26 (FINAL DISPOSITION). 27 Protected Material must be stored and maintained by a Receiving Party at a 28 location and in a secure manner that ensures that access is limited to the persons 12

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1 authorized under this Stipulated Protective Order. 2 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 3 otherwise ordered by the Court or permitted in writing by the Designating Party, a 4 Receiving Party may disclose information or items designated “CONFIDENTIAL” 5 only to: 6 (a) the Receiving Party’s Outside Counsel of Record, as well as 7 employees of said Outside Counsel of Record to whom it is reasonably necessary to 8 disclose the information for this Action; 9 (b) the officers, directors, and employees (including House Counsel) of 10 the Receiving Party to whom disclosure is reasonably necessary for this Action; 11 (c) Experts (as defined in this Stipulated Protective Order) of the 12 Receiving Party to whom disclosure is reasonably necessary for this Action and who 13 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (d) the Court and its personnel; 15 (e) court reporters and their staff; 16 (f) professional jury or trial consultants, mock jurors, and Professional 17 Vendors to whom disclosure is reasonably necessary for this Action and who have 18 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (g) any person who (1) authored, is listed as a recipient of, or is 20 mentioned, discussed, or referred to in the material; (2) is or was a custodian of the 21 material; (3) is an employee of the Producing Party; (4) was an employee of the 22 Producing Party and who has signed the “Acknowledgment and Agreement to Be 23 Bound” (Exhibit A); or (5) counsel in good faith believes has knowledge of the 24 information contained in the material, but only as to the subject matters to which such 25 person is reasonably thought to have specific knowledge and any information 26 reasonably related thereto, and who has signed the “Acknowledgment and Agreement 27 to Be Bound” (Exhibit A), and their counsel, who has signed the “Acknowledgment 28 and Agreement to Be Bound” (Exhibit A); 13

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1 (h) during their depositions, witnesses, and attorneys for witnesses, in the 2 Action to whom disclosure is reasonably necessary provided that: (1) the deposing 3 Party requests that the witness sign the form attached as Exhibit A hereto; and (2) the 4 witness will not be permitted to keep any “CONFIDENTIAL” Information or Items, 5 unless otherwise agreed by the Designating Party or ordered by the Court. Pages of 6 transcribed deposition testimony or exhibits to depositions that reveal Protected 7 Material may be separately bound by the court reporter and may not be disclosed to 8 anyone except as permitted under this Stipulated Protective Order; 9 (i) mediators or settlement officers, and their supporting personnel, 10 mutually agreed upon by any Parties engaged in discussions concerning settlement of 11 all or part of this Action; and 12 (j) any other person that the Designating Party agrees in writing, or that 13 the Court orders, may receive the “CONFIDENTIAL” information or items. 14 9.3 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. 15 Unless otherwise ordered by the Court or permitted in writing by the Designating 16 Party, a Receiving Party may disclose information or items designated “HIGHLY 17 CONFIDENTIAL” only to: 18 (a) the Receiving Party’s Outside Counsel of Record, as well as 19 employees of said Outside Counsel of Record to whom it is reasonably necessary to 20 disclose the information for this Action; 21 (b) Experts (as defined in this Stipulated Protective Order) of the 22 Receiving Party to whom disclosure is reasonably necessary for this Action and who 23 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (c) the Court and its personnel; 25 (d) court reporters and their staff to whom disclosure is reasonably 26 necessary for this Action and who have signed the “Acknowledgment and Agreement 27 to Be Bound” (Exhibit A); 28 14

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1 (e) professional jury or trial consultants or mock jurors who (1) are not a 2 past or current employee of a Party or of a Party’s competitor, and (2) at the time of 3 retention, are not anticipated to become an employee of a Party or of a Party’s 4 competitor, and Professional Vendors to whom disclosure is reasonably necessary for 5 this Action and who have signed the “Acknowledgment and Agreement to Be Bound” 6 (Exhibit A); 7 (f) any person who (1) authored, is listed as a recipient of, or is 8 mentioned, discussed, or referred to in the material; (2) is or was a custodian of the 9 material; (3) is an employee of the Producing Party; (4) was an employee of the 10 Producing Party at time the document was created and who has signed the 11 “Acknowledgement and Agreement to Be Bound” (Exhibit A); or (5) counsel in good 12 faith believes has knowledge of the information contained in the material, but only as 13 to the subject matters to which such person is reasonably thought to have specific 14 knowledge and any information reasonably related thereto, and who has signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), and their counsel, who 16 has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 (g) during their depositions, witnesses and attorneys for witnesses in the 18 Action to whom disclosure is reasonably necessary provided that: (1) the witness and 19 his or her attorney has signed the “Acknowledgment and Agreement to Be Bound” 20 (Exhibit A); and (2) the witness will not be permitted to keep any “HIGHLY 21 CONFIDENTIAL” Information or Items, unless otherwise agreed by the Designating 22 Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits to 23 depositions that reveal Protected Material may be separately bound by the court 24 reporter and may not be disclosed to anyone except as permitted under this Stipulated 25 Protective Order; 26 (h) mediators or settlement officers, and their supporting personnel, 27 mutually agreed upon by any Parties engaged in discussions concerning settlement of 28 all or part of this Action; and 15

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1 (i) any other person that the Designating Party agrees in writing, or that 2 the Court orders, may receive the “HIGHLY CONFIDENTIAL” Information. 3 9.4 Disclosure of “PROTECTED DATA.” To the extent permitted by 4 applicable law, and unless otherwise ordered by the Court, a Receiving Party may 5 disclose any information or item designated as “PROTECTED DATA” only to: 6 (a) the Receiving Party’s Outside Counsel of Record, as well as 7 (b) employees of said Outside Counsel of Record to whom it is 8 reasonably necessary to disclose the information for this Action; 9 (c) Experts (as defined in this Stipulated Protective Order) of the 10 Receiving Party to whom disclosure is reasonably necessary for this Action and who 11 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (d) the Court and its personnel; 13 (e) court reporters and their staff to whom disclosure is reasonably 14 necessary for this Action and who have signed the “Acknowledgment and Agreement 15 to Be Bound” (Exhibit A); 16 (f) professional jury or trial consultants, mock jurors, and Professional 17 Vendors to whom disclosure is reasonably necessary for this Action and who have 18 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (g) any person who (1) authored, is listed as a recipient of, or is 20 mentioned, discussed, or referred to in the material; (2) is or was a custodian of the 21 material; (3) is an employee of the Producing Party; (4) was an employee of the 22 Producing Party and who has signed the “Acknowledgment and Agreement to Be 23 Bound” (Exhibit A); or (5) counsel in good faith believes has knowledge of the 24 information contained in the material, but only as to the subject matters to which such 25 person is reasonably thought to have specific knowledge and any information 26 reasonably related thereto, and who has signed the “Acknowledgment and Agreement 27 to Be Bound” (Exhibit A), and their counsel, who has signed the “Acknowledgment 28 and Agreement to Be Bound” (Exhibit A); 16

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1 (h) mediators or settlement officers, and their supporting personnel, 2 mutually agreed upon by any Parties engaged in discussions concerning settlement of 3 all or part of this Action; 4 (i) during their depositions, witnesses and attorneys for witnesses in the 5 Action to whom disclosure is reasonably necessary, provided that: (1) the witness and 6 his or her attorney has signed the “Acknowledgment and Agreement to Be Bound” 7 (Exhibit A); and (2) the witness will not be permitted to keep any information or items 8 designated as PROTECTED DATA, unless otherwise agreed by the Designating Party 9 or ordered by the Court. Pages of transcribed deposition testimony or exhibits to 10 depositions that reveal Protected Material may be separately bound by the court 11 reporter and may not be disclosed to anyone except as permitted under this Stipulated 12 Protective Order; and 13 (j) any other person that the Designating Party agrees in writing, or that 14 the Court orders, may receive the “PROTECTED DATA”. 15 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 16 OTHER LITIGATION 17 If a Party is served with a subpoena or a court order issued in other litigation 18 that compels disclosure of any Protected Material, that Party must: 19 (a) promptly notify in writing the Designating Party. Such notification 20 shall include a copy of the subpoena or court order; 21 (b) promptly notify in writing the party who caused the subpoena or order 22 to issue in the other litigation that some or all of the material covered by the subpoena 23 or order is subject to this Stipulated Protective Order. Such notification shall include 24 a copy of this Stipulated Protective Order; and 25 (c) cooperate with respect to all reasonable procedures sought to be 26 pursued by the Designating Party whose Protected Material may be affected. 27 If the Designating Party timely seeks a protective order, the Party served with 28 the subpoena or court order shall not produce any Protected Material before a 17

STIPULATED PROTECTIVE ORDER

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1 determination by the court from which the subpoena or order issued, unless the Party 2 has obtained the Designating Party’s permission. The Designating Party shall bear the 3 burden and expense of seeking protection in the court from which the subpoena or 4 order issued of its confidential material. Nothing herein should be construed as 5 authorizing or encouraging a Receiving Party to disobey a lawful directive from 6 another court. 7 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 8 PRODUCED IN THIS ACTION 9 11.1 The terms of this Stipulated Protective Order are applicable to 10 information or items produced by a Non-Party and designated as “CONFIDENTIAL,” 11 “HIGHLY CONFIDENTIAL,” or “PROTECTED DATA.” Such information or items 12 produced by Non-Parties in connection with this Action is protected by the remedies 13 and relief provided by this Stipulated Protective Order. However, nothing herein 14 should be construed as prohibiting a Non-Party from seeking additional protections. 15 11.2 In the event that a Party is required, by a valid discovery request, to 16 produce a Non-Party’s Protected Material, and the Party is subject to an agreement 17 with the Non-Party not to produce the Non-Party’s Protected Material, then the Party 18 shall: 19 (a) promptly notify the Requesting Party and the Non-Party in writing 20 that some or all of the information requested is subject to a confidentiality agreement 21 with a Non-Party; 22 (b) promptly provide the Non-Party with a copy of this Stipulated 23 Protective Order, the relevant discovery request(s), and a reasonably specific 24 description of the information requested; and 25 (c) make the information requested available for inspection by the Non- 26 Party, if requested. 27 11.3 If the Non-Party fails to object or seek a protective order from this Court 28 within 14 days of receiving the notice and accompanying information, the Receiving 18

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1 Party may produce the Non-Party’s Protected Material responsive to the discovery 2 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 3 produce any Protected Material in its possession or control that is subject to the 4 confidentiality agreement with the Non-Party before a determination by the Court. 5 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 6 of seeking protection in this Court of its Protected Material. 7 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 8 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 9 Protected Material to any person or in any circumstance not authorized under this 10 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 11 writing the Designating Party of the unauthorized disclosure, (b) use its best efforts to 12 retrieve all unauthorized copies of the Protected Material, (c) inform the person or 13 persons to whom unauthorized disclosure was made of all of the terms of this 14 Stipulated Protective Order, and (d) request such person or persons to execute the 15 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 16 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 17 PROTECTED MATERIAL 18 When a Producing Party gives notice to Receiving Parties that certain 19 inadvertently produced material is subject to a claim of privilege or other protection, 20 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 21 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 22 may be established in an e-discovery order that provides for production without prior 23 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 24 Parties reach an agreement on the effect of disclosure of a communication or 25 information covered by the attorney-client privilege or work product protection, the 26 Parties may incorporate their agreement in the Stipulated Protective Order submitted 27 to the Court. 28 19

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1 14. MISCELLANEOUS 2 14.1 Right to Further Relief. Nothing in this Stipulated Protective Order 3 abridges the right of any person to seek its modification by the Court in the future. 4 14.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Stipulated Protective Order, no Party waives any right it otherwise would have to 6 object to disclosing or producing any information or item on any ground not addressed 7 in this Stipulated Protective Order. Similarly, no Party waives any right to object on 8 any ground to use in evidence any of the material covered by this Stipulated Protective 9 Order. 10 14.3 Filing Protected Material. A Party that seeks to file under seal any 11 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 12 only be filed under seal pursuant to a court order authorizing the sealing of the specific 13 Protected Material. If a Party’s request to file Protected Material under seal is denied 14 by the Court, then the Receiving Party may file the information in the public record 15 unless otherwise instructed by the Court. 16 15. FINAL DISPOSITION 17 Upon final disposition of this Action, including any and all appeals, counsel for 18 each Party shall, upon request of the Producing Party, return to the Producing Party all 19 Protected Material, including any copies, excerpts, and summaries thereof, or shall 20 destroy the same at the option of the Receiving Party, and shall purge all such 21 information from all machine-readable media on which the Protected Material resides. 22 Whether the Protected Material is returned or destroyed, the Receiving Party must 23 submit a written certification to the Producing Party (and, if not the same person or 24 entity, to the Designating Party) within 30 days of the request, that (1) identifies (by 25 category, where appropriate) all the Protected Material that was returned or destroyed, 26 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 27 compilations, summaries, or any other format reproducing or capturing any of the 28 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 20

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1 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 2 legal memoranda, correspondence, deposition and trial exhibits, expert reports, 3 attorney work product, and consultant and expert work product, even if such materials 4 contain Protected Material. Any such archival copies that contain or constitute 5 Protected Material remain subject to this Stipulated Protective Order as set forth in 6 Section 6. 7 16. VIOLATIONS 8 Any violation of this Stipulated Protective Order may be punished by any and 9 all appropriate measures including, without limitation, contempt proceedings and/or 10 monetary sanctions. 11 17. PROTECTIVE ORDER REMAINS IN FORCE 12 This Stipulated Protective Order shall remain in force and effect until modified, 13 superseded, or terminated by consent of the Parties or by order of the Court made upon 14 reasonable written notice. Unless otherwise ordered or agreed upon by the Parties, this 15 Stipulated Protective Order shall survive the termination of this Action. The Court 16 retains jurisdiction even after termination of this Action to enforce this Stipulated 17 Protective Order and to make such amendments, modifications, deletions, and 18 additions to this Stipulated Protective Order as the Court may from time to time deem 19 appropriate. 20 18. MODIFYING THIS ORDER 21 Nothing in this Stipulated Protective Order shall be construed to prohibit the 22 Parties from agreeing to modify any provision herein (except for provisions involving 23 the Court), or seeking relief from the Court. Nor shall anything in this Stipulated 24 Protective Order or any Party’s compliance herewith be construed as a waiver of any 25 Party’s rights under applicable law, including objections to particular discovery 26 sought.

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STIPULATED PROTECTIVE ORDER

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1] FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 3] DATED: March 14, 2022 J fl 5 tte’ ef — 6 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22

STIPULATED PROTECTIVE ORDER

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 4 I, __________________ [print or type full name], of 5 _____________________________ [print or type full address], declare under penalty 6 of perjury that I have read in its entirety and understand the Stipulated Protective Order 7 that was issued by the United States District Court for the Central District of California 8 in the case of Ramtin Zakikhani, et al. v. Hyundai Motor Company, et al., 8:20-cv- 9 01584-SB-JDE (C.D. Cal.) (the “Action”). I agree to comply with and to be bound by 10 all the terms of that Stipulated Protective Order, and I understand and acknowledge 11 that failure to so comply could expose me to sanctions and punishment in the nature 12 of contempt. I solemnly promise that I will not disclose in any manner any information 13 or item that is subject to the Stipulated Protective Order to any person or entity except 14 in strict compliance with the provisions of the Stipulated Protective Order. 15 I agree to return or destroy all copies of any documents or information 16 containing Protected Material I have received to counsel who provided them to me 17 upon completion of the purpose for which they were provided and no later than the 18 conclusion of this Action. 19 I further agree to submit to the jurisdiction of the United States District Court 20 for the Central District of California for the purpose of enforcing the terms of the 21 Stipulated Protective Order, even if such enforcement proceedings occur after 22 termination of the Action. I declare under penalty of perjury under the laws of the 23 United States of America that the foregoing is true and correct. 24 Executed on this _____ day of ____________, 20___, at 25 ________________________ [insert city and state where sworn and signed]. 26 27 28

EXHIBIT A