Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 1 of 17 Page ID #:440

BLAKELEY LC

1 David M. Mannion (Bar No. 288627) 2 DMannion@BlakeleyLC.com 530 Technology Drive, Suite 100 3 Irvine, California 92618 4 Telephone: (949) 260-0611

5 Attorneys for Plaintiff Beacon Sales 6 Acquisition, Inc.

7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9

10 BEACON SALES ACQUISITION, INC., Case No. 2:22−cv−00293 FLA (MAAx)

11 Plaintiff, 12 STIPULATED PROTECTIVE v. ORDER 13

14 NEXUS ENERGY SYSTEMS INC.,

15 Defendant. 16

17

18 NEXUS ENERGY SYSTEMS INC.,

19 Counterclaim-Plaintiff, 20 21 v.

22 BEACON SALES ACQUISITION, INC., 23 Counterclaim-Defendant. 24 25 26 27 28

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 2 of 17 Page ID #:441

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 disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Stipulated 7 Protective Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. The parties further acknowledge, as set forth in 11 Section 13.3 below, that this Stipulated Protective Order does not entitle 12 them to file confidential information under seal; Local Rule 79-5 sets forth the 13 procedures that must be followed and the standards that will be applied when a party 14 seeks permission from the Court to file material under seal. 15 2. GOOD CAUSE STATEMENT 16 This action is likely to involve customer and pricing lists and other financial 17 information for which special protection from public disclosure and from use for any 18 purpose other than prosecution of this action is warranted. Such confidential and 19 proprietary materials and information consist of, among other things, confidential 20 business or financial information, information regarding confidential business 21 practices, or other confidential commercial information (including information 22 implicating privacy rights of third parties), information otherwise generally 23 unavailable to the public, or which may be privileged or otherwise protected from 24 disclosure under state or federal statutes, court rules, case decisions, or common law. 25 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 26 disputes over confidentiality of discovery materials, to adequately protect information 27 the parties are entitled to keep confidential, to ensure that the parties are permitted 28 reasonable necessary uses of such material in preparation for and in the conduct of 1

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 3 of 17 Page ID #:442

1 trial, to address their handling at the end of the litigation, and to serve the ends of 2 justice, a protective order for such information is justified in this matter. It is the 3 intent of the parties that information will not be designated as confidential for tactical 4 reasons and that nothing be so designated without a good faith belief that it has been 5 maintained in a confidential, non-public manner, and there is good cause why it 6 should not be part of the public record of this case. 7 3. DEFINITIONS 8 3.1. Action: This pending federal lawsuit. 9 3.2. Challenging Party: A Party or Nonparty that challenges the designation 10 of information or items under this Stipulated Protective Order. 11 3.3. “CONFIDENTIAL” Information or Items: Information (regardless of 12 how it is generated, stored or maintained) or tangible things that qualify 13 for protection under Federal Rule of Civil Procedure 26(c), and as 14 specified above in the Good Cause Statement. 15 3.4. Counsel: Outside Counsel of Record and In-House Counsel (as well as 16 their support staff). 17 3.5. Designating Party: A Party or Nonparty that designates information or 18 items that it produces in disclosures or in responses to discovery as 19 “CONFIDENTIAL.” 20 3.6. Disclosure or Discovery Material: All items or information, regardless of 21 the medium or manner in which it is generated, stored, or maintained 22 (including, among other things, testimony, transcripts, and tangible 23 things), that is produced or generated in disclosures or responses to 24 discovery in this matter. 25 3.7. Expert: A person with specialized knowledge or experience in a matter 26 pertinent to the litigation who has been retained by a Party or its counsel 27 to serve as an expert witness or as a consultant in this Action. 28 3.8. In-House Counsel: Attorneys who are employees of a party to this 2

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 4 of 17 Page ID #:443

1 Action. In-House Counsel does not include Outside Counsel of Record 2 or any other outside counsel. 3 3.9. Nonparty: Any natural person, partnership, corporation, association, or 4 other legal entity not named as a Party to this action. 5 3.10. Outside Counsel of Record: Attorneys who are not employees of a party 6 to this Action but are retained to represent or advise a party to this 7 Action and have appeared in this Action on behalf of that party or are 8 affiliated with a law firm which has appeared on behalf of that party, and 9 includes support staff. 10 3.11. Party: Any party to this Action, including all of its officers, directors, 11 employees, consultants, retained experts, In-House Counsel, and Outside 12 Counsel of Record (and their support staffs). 13 3.12. Producing Party: A Party or Nonparty that produces Disclosure or 14 Discovery Material in this Action. 15 3.13. Professional Vendors: Persons or entities that provide litigation support 16 services (e.g., photocopying, videotaping, translating, preparing exhibits 17 or demonstrations, and organizing, storing, or retrieving data in any form 18 or medium) and their employees and subcontractors. 19 3.14. Protected Material: Any Disclosure or Discovery Material that is 20 designated as “CONFIDENTIAL.” 21 3.15. Receiving Party: A Party that receives Disclosure or Discovery Material 22 from a Producing Party. 23 4. SCOPE 24 The protections conferred by this Stipulated Protective Order cover not only 25 Protected Material, but also (1) any information copied or extracted from Protected 26 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 27 and (3) any testimony, conversations, or presentations by Parties or their Counsel that 28 might reveal Protected Material. 3

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 5 of 17 Page ID #:444

1 Any use of Protected Material at trial shall be governed by the orders of the 2 trial judge. This Stipulated Protective Order does not govern the use of Protected 3 Material at trial or any evidentiary hearings. 4 5. DURATION 5 Once a case proceeds to trial or an evidentiary hearing, all of the information 6 that was designated as confidential or maintained pursuant to this Stipulated 7 Protective Order becomes public and presumptively will be available to all members 8 of the public, including the press, unless compelling reasons supported by specific 9 factual findings to proceed otherwise are made to the trial judge in advance of the 10 trial. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th 11 Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in 12 discovery from “compelling reasons” standard when merits-related documents are 13 part of court record). Accordingly, the terms of this Stipulated Protective Order do not 14 extend beyond the commencement of the trial. 15 6. DESIGNATING PROTECTED MATERIAL 16 6.1. Exercise of Restraint and Care in Designating Material for Protection. 17 Each Party or Nonparty that designates information or items for 18 protection under this Stipulated Protective Order must take care to limit 19 any such designation to specific material that qualifies under the 20 appropriate standards. The Designating Party must designate for 21 protection only those parts of material, documents, items, or oral or 22 written communications that qualify so that other portions of the 23 material, documents, items, or communications for which protection is 24 not warranted are not swept unjustifiably within the ambit of this 25 Stipulated Protective Order. 26 Mass, indiscriminate, or routinized designations are prohibited. 27 Designations that are shown to be clearly unjustified or that have been 28 made for an improper purpose (e.g., to unnecessarily encumber the case 4

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 6 of 17 Page ID #:445

1 development process or to impose unnecessary expenses and burdens on 2 other parties) may expose the Designating Party to sanctions. 3 6.2. Manner and Timing of Designations. 4 Except as otherwise provided in this Stipulated Protective Order 5 (see, e.g., Section 6.2(a)), or as otherwise stipulated or ordered, 6 Disclosure or Discovery Material that qualifies for protection under this 7 Stipulated Protective Order must be clearly so designated before the 8 material is disclosed or produced. 9 Designation in conformity with this Stipulated Protective Order 10 requires the following: 11 (a) For information in documentary form (e.g., paper or electronic 12 documents, but excluding transcripts of depositions or other 13 pretrial or trial proceedings), that the Producing Party affix at a 14 minimum, the legend “CONFIDENTIAL” to each page that 15 contains protected material. If only a portion or portions of the 16 material on a page qualifies for protection, the Producing Party 17 also must clearly identify the protected portion(s) (e.g., by making 18 appropriate markings in the margins). 19 A Party or Nonparty that makes original documents 20 available for inspection need not designate them for protection 21 until after the inspecting Party has indicated which documents it 22 would like copied and produced. During the inspection and before 23 the designation, all of the material made available for inspection 24 shall be deemed “CONFIDENTIAL.” After the inspecting Party 25 has identified the documents it wants copied and produced, the 26 Producing Party must determine which documents, or portions 27 thereof, qualify for protection under this Stipulated Protective 28 Order. Then, before producing the specified documents, the 5

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 7 of 17 Page ID #:446

1 Producing Party must affix the legend “CONFIDENTIAL” to each 2 page that contains Protected Material. If only a portion or portions 3 of the material on a page qualifies for protection, the Producing 4 Party also must clearly identify the protected portion(s) (e.g., by 5 making appropriate markings in the margins). 6 (b) For testimony given in depositions, that the Designating Party 7 identify the Disclosure or Discovery Material on the record, before 8 the close of the deposition, all protected testimony. 9 (c) For information produced in nondocumentary form, and for any 10 other tangible items, that the Producing Party affix in a prominent 11 place on the exterior of the container or containers in which the 12 information is stored the legend “CONFIDENTIAL.” If only a 13 portion or portions of the information warrants protection, the 14 Producing Party, to the extent practicable, shall identify the 15 protected portion(s). 16 6.3. Inadvertent Failure to Designate. 17 If timely corrected, an inadvertent failure to designate qualified 18 information or items does not, standing alone, waive the Designating 19 Party’s right to secure protection under this Stipulated Protective Order 20 for such material. Upon timely correction of a designation, the Receiving 21 Party must make reasonable efforts to assure that the material is treated 22 in accordance with the provisions of this Stipulated Protective Order. 23 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 24 7.1. Timing of Challenges. 25 Any Party or Nonparty may challenge a designation of 26 confidentiality at any time that is consistent with the Court’s Scheduling 27 Order. 28 7.2. Meet and Confer. 6

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 8 of 17 Page ID #:447

1 The Challenging Party shall initiate the dispute resolution process, 2 which shall comply with Local Rule 37.1 et seq., and with Section 4 of 3 Judge Audero’s Procedures (“Mandatory Telephonic Conference for 4 Discovery Disputes”).1 5 7.3. Burden of Persuasion. 6 The burden of persuasion in any such challenge proceeding shall 7 be on the Designating Party. Frivolous challenges, and those made for an 8 improper purpose (e.g., to harass or impose unnecessary expenses and 9 burdens on other parties) may expose the Challenging Party to sanctions. 10 Unless the Designating Party has waived or withdrawn the 11 confidentiality designation, all parties shall continue to afford the 12 material in question the level of protection to which it is entitled under 13 the Producing Party’s designation until the Court rules on the challenge. 14 8. ACCESS TO AND USE OF PROTECTED MATERIALS 15 8.1. Basic Principles. 16 A Receiving Party may use Protected Material that is disclosed or 17 produced by another Party or by a Nonparty in connection with this Action 18 only for prosecuting, defending, or attempting to settle this Action. Such 19 Protected Material may be disclosed only to the categories of persons and 20 under the conditions described in this Stipulated Protective Order. When the 21 Action reaches a final disposition, a Receiving Party must comply with the 22 provisions of Section 14 below. 23 Protected Material must be stored and maintained by a Receiving Party 24 at a location and in a secure manner that ensures that access is limited to the 25 persons authorized under this Stipulated Protective Order. 26

27 1 Judge Audero’s Procedures are available at 28 https://www.cacd.uscourts.gov/honorable-maria-audero. 7

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 9 of 17 Page ID #:448

1 8.2. Disclosure of “CONFIDENTIAL” Information or Items. 2 Unless otherwise ordered by the Court or permitted in writing by the 3 Designating Party, a Receiving Party may disclose any information or item 4 designated “CONFIDENTIAL” only to: 5 (a) The Receiving Party’s Outside Counsel of Record, as well as employees 6 of said Outside Counsel of Record to whom it is reasonably necessary to 7 disclose the information for this Action; 8 (b) The officers, directors, and employees (including In-House Counsel) of 9 the Receiving Party to whom disclosure is reasonably necessary for this 10 Action; 11 (c) Experts of the Receiving Party to whom disclosure is reasonably 12 necessary for this Action and who have signed the “Acknowledgment 13 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 or this Action and 18 who have signed the “Acknowledgment and Agreement to be Bound” 19 (Exhibit A); 20 (g) The author or recipient of a document containing the information or a 21 custodian or other person who otherwise possessed or knew the 22 information; 23 (h) During their depositions, witnesses, and attorneys for witnesses 24 (excluding officers or employees of a Party and their attorneys), in the 25 Action to whom disclosure is reasonably necessary provided: (i) the 26 deposing party requests that the witness sign the “Acknowledgment and 27 Agreement to Be Bound” (Exhibit A); and (ii) the witness will not be 28 permitted to keep any confidential information unless they sign the 8

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 10 of 17 Page ID #:449

1 “Acknowledgment and Agreement to Be Bound,” unless otherwise 2 agreed by the Designating Party or ordered by the Court. Pages of 3 transcribed deposition testimony or exhibits to depositions that reveal 4 Protected Material may be separately bound by the court reporter and 5 may not be disclosed to anyone except as permitted under this Stipulated 6 Protective Order; and 7 (i) Any mediator or settlement officer, and their supporting personnel, 8 mutually agreed upon by any of the parties engaged in settlement 9 discussions. 10 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 11 IN OTHER LITIGATION 12 If a Party is served with a subpoena or a court order issued in other litigation 13 that compels disclosure of any information or items designated in this Action as 14 “CONFIDENTIAL,” that Party must: 15 (a) Promptly notify in writing the Designating Party. Such notification shall 16 include a copy of the subpoena or court order; 17 (b) Promptly notify in writing the party who caused the subpoena or order to 18 issue in the other litigation that some or all of the material covered by the 19 subpoena or order is subject to this Stipulated Protective Order. Such 20 notification shall include a copy of this Stipulated Protective Order; and 21 (c) Cooperate with respect to all reasonable procedures sought to be pursued 22 by the Designating Party whose Protected Material may be affected. 23 If the Designating Party timely seeks a protective order, the Party served with 24 the subpoena or court order shall not produce any information designated in this 25 action as “CONFIDENTIAL” before a determination by the Court from which the 26 subpoena or order issued, unless the Party has obtained the Designating Party’s 27 permission. The Designating Party shall bear the burden and expense of seeking 28 protection in that court of its confidential material and nothing in these provisions 9

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 11 of 17 Page ID #:450

1 should be construed as authorizing or encouraging a Receiving Party in this Action to 2 disobey a lawful directive from another court. 3 10. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE 4 PRODUCED IN THIS LITIGATION 5 10.1. Application. 6 The terms of this Stipulated Protective Order are applicable to 7 information produced by a Nonparty in this Action and designated as 8 “CONFIDENTIAL.” Such information produced by Nonparties in 9 connection with this litigation is protected by the remedies and relief 10 provided by this Stipulated Protective Order. Nothing in these provisions 11 should be construed as prohibiting a Nonparty from seeking additional 12 protections. 13 10.2. Notification. 14 In the event that a Party is required, by a valid discovery request, 15 to produce a Nonparty’s confidential information in its possession, and 16 the Party is subject to an agreement with the Nonparty not to produce the 17 Nonparty’s confidential information, then the Party shall: 18 (a) Promptly notify in writing the Requesting Party and the Nonparty 19 that some or all of the information requested is subject to a 20 confidentiality agreement with a Nonparty; 21 (b) Promptly provide the Nonparty with a copy of the Stipulated 22 Protective Order in this Action, the relevant discovery request(s), 23 and a reasonably specific description of the information requested; 24 and 25 (c) Make the information requested available for inspection by the 26 Nonparty, if requested. 27 10.3. Conditions of Production. 28 If the Nonparty fails to seek a protective order from this Court within 10

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 12 of 17 Page ID #:451

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

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 13 of 17 Page ID #:452

1 to the Court. 2 13. MISCELLANEOUS 3 13.1. Right to Further Relief. 4 Nothing in this Stipulated Protective Order abridges the right of 5 any person to seek its modification by the Court in the future. 6 13.2. Right to Assert Other Objections. 7 By stipulating to the entry of this Stipulated Protective Order, no 8 Party waives any right it otherwise would have to object to disclosing or 9 producing any information or item on any ground not addressed in this 10 Stipulated Protective Order. Similarly, no Party waives any right to 11 object on any ground to use in evidence of any of the material covered 12 by this Stipulated Protective Order. 13 13.3. Filing Protected Material. 14 A Party that seeks to file under seal any Protected Material must 15 comply with Local Rule 79-5. Protected Material may only be filed 16 under seal pursuant to a court order authorizing the sealing of the 17 specific Protected Material at issue. If a Party's request to file Protected 18 Material under seal is denied by the Court, then the Receiving Party may 19 file the information in the public record unless otherwise instructed by 20 the Court. 21 14. FINAL DISPOSITION 22 After the final disposition of this Action, within sixty (60) days of a written 23 request by the Designating Party, each Receiving Party must return all Protected 24 Material to the Producing Party or destroy such material. As used in this subdivision, 25 “all Protected Material” includes all copies, abstracts, compilations, summaries, and 26 any other format reproducing or capturing any of the Protected Material. Whether the 27 Protected Material is returned or destroyed, the Receiving Party must submit a written 28 certification to the Producing Party (and, if not the same person or entity, to the 12

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 14 of 17 Page ID #:453

1 Designating Party) by the 60-day deadline that (1) identifies (by category, where 2 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 3 that the Receiving Party has not retained any copies, abstracts, compilations, 4 summaries or any other format reproducing or capturing any of the Protected 5 Material. Notwithstanding this provision, Counsel is entitled to retain an archival 6 copy of all pleadings; motion papers; trial, deposition, and hearing transcripts; legal 7 memoranda; correspondence; deposition and trial exhibits; expert reports; attorney 8 work product; and consultant and expert work product, even if such materials contain 9 Protected Material. Any such archival copies that contain or constitute Protected 10 Material remain subject to this Stipulated Protective Order as set forth in Section 5. 11 15. VIOLATION 12 Any violation of this Stipulated Order may be punished by any and all 13 appropriate measures including, without limitation, contempt proceedings and/or 14 monetary sanctions. 15 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

17 Dated: June 8, 2022

BLAKELEY LC

18 By: /s/ David Mannion 19

DAVID MANNION

20 Attorneys for Plaintiff 21 Beacon Sales Acquisition, Inc. 22

23 24 Dated: June 8, 2022 DIEHL AND RODEWALD

25 By: /s/ Jay Laurence Raftery, Jr.

JAY LAURENCE RAFTERY, JR.

26

27 Attorneys for Defendant Nexus Energy Systems, Inc. 28 13

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 15 of 17 Page ID #:454

1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3 June 14, 2022 Dated: ____________________ _________________________________ 4 Maria A. Audero 5 United States Magistrate Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 16 of 17 Page ID #:455

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ________________________ [full name], of 4 ______________________________ [address], declare under penalty of perjury that 5 I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 June ____, 2022, in the case of Beacon Sales Acquisition, Inc. v. Nexus Energy 8 Systems Inc., Case No. 2:22−cv−00293 FLA (MAAx). I agree to comply with and to 9 be bound by all the terms of this Stipulated Protective Order, and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and punishment 11 in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Stipulated 14 Protective Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [full 19 name] of ___________________________________ [address and telephone number] 20 as my California agent for service of process in connection with this action or any 21 proceedings related to enforcement of this Stipulated Protective Order. 22 23 Signature: ___________________________ 24 Printed Name: ___________________________ 25 Date: ___________________________ 26 City and State Where Sworn and Signed: ___________________________ 27 28 15

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX) Case 2:22-cv-00293-FLA-MAA Document 60 Filed 06/14/22 Page 17 of 17 Page ID #:456

Pursuant to L.R. 5-4.3.4(a)(2)(i), I attest that all other signatories listed, and on 1 whose behalf this filing is submitted, concur in the filing’s content and have 2 authorized the filing. 3 DATED: June 10, 2022 4 /s/ David Mannion . 5 . David Mannion 6

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16

STIPULATED PROTECTIVE ORDER

Case No. 2:22−cv−00293 FLA (MAAX)