Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 1 of 22 Page ID #:394

David A. Randall (SBN 156722) 1 dave@hdmnlaw.com 2 Ehab M. Samuel (SBN 228296) esamuel@hdmnlaw.com 3 Paul G. Novak (SBN 261388) paul@hdmnlaw.com 4 HACKLER DAGHIGHIAN MARTINO & NOVAK P.C. 10900 Wilshire Blvd., Suite 300 5 Los Angeles, CA 90024 6 Tel.: (310) 887-1333 Fax: (310) 887-1334 7 Attorneys for SourceBlue, LLC and 8 Infinilux Corporation 9

10 UNITED STATES DISTRICT COURT

11 CENTRAL DISTRICT OF CALIFORNIA

12 WESTERN DIVISION

13 NICOR, INC., Case No. 2:21-cv-05876-AB(PDx)

14 STIPULATED PROTECTIVE Plaintiff,

ORDER

15 v.

16 SOURCEBLUE, LLC f/k/a TURNER

LOGISTICS, LLC,

17 Defendant. 18

19 Consolidated for all purposes with: 20

INFINILUX CORPORATION

21

22 Plaintiff,

23 v.

24 NICOR, INC.

25 Defendant. 26

27 28 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 2 of 22 Page ID #:395

Based on the parties’ Stipulation, and for good cause shown therein and 1 recited herein, the Court finds and orders as follows. 2 1. A. PURPOSES AND LIMITATIONS 3 Discovery in this action is likely to involve production of confidential, 4 proprietary, or private information for which special protection from public 5 disclosure and from use for any purpose other than prosecuting this litigation may 6 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 7 enter the following Stipulated Protective Order. The parties acknowledge that this 8 Order does not confer blanket protections on all disclosures or responses to 9 discovery and that the protection it affords from public disclosure and use extends 10 only to the limited information or items that are entitled to confidential treatment 11 under the applicable legal principles. 12

B. GOOD CAUSE STATEMENT

13 This action is likely to involve trade secrets, customer and pricing lists and 14 other valuable research, development, commercial, financial, technical and/or 15 proprietary information for which special protection from public disclosure and 16 from use for any purpose other than prosecution of this action is warranted. Such 17 confidential and proprietary materials and information consist of, among other 18 things, confidential business or financial information, information regarding 19 confidential business practices, or other confidential research, development, or 20 commercial information (including information implicating privacy rights of third 21 parties), information otherwise generally unavailable to the public, or which may 22 be privileged or otherwise protected from disclosure under state or federal statutes, 23 court rules, case decisions, or common law. Accordingly, to expedite the flow of 24 information, to facilitate the prompt resolution of disputes over confidentiality of 25 discovery materials, to adequately protect information the parties are entitled to 26 keep confidential, to ensure that the parties are permitted reasonable necessary uses 27 28 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 3 of 22 Page ID #:396

of such material in preparation for and in the conduct of trial, to address their 1 handling at the end of the litigation, and serve the ends of justice, a protective order 2 for such information is justified in this matter. It is the intent of the parties that 3 information will not be designated as confidential for tactical reasons and that 4 nothing be so designated without a good faith belief that it has been maintained in 5 a confidential, non-public manner, and there is good cause why it should not be part 6 of the public record of this case. 7

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

8

SEAL

9 10 The parties further acknowledge, as set forth in Section 12.3, below, that this 11 Stipulated Protective Order does not entitle them to file confidential information 12 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 13 and the standards that will be applied when a party seeks permission from the court 14 to file material under seal. 15 There is a strong presumption that the public has a right of access to judicial 16 proceedings and records in civil cases. In connection with non-dispositive motions, 17 good cause must be shown to support a filing under seal. See Kamakana v. City and 18 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 19 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 20 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 21 require good cause showing), and a specific showing of good cause or compelling 22 reasons with proper evidentiary support and legal justification, must be made with 23 respect to Protected Material that a Party seeks to file under seal. The parties’ mere 24 designation of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY 25 CONFIDENTIAL-ATTORNEY EYES ONLY does not—without the submission 26 of competent evidence by declaration, establishing that the material sought to be 27 filed under seal qualifies as confidential, privileged, or otherwise protectable— 28 3 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 4 of 22 Page ID #:397

constitute good cause. 1 Further, if a Party requests sealing related to a dispositive motion or trial, 2 then compelling reasons, not only good cause, for the sealing must be shown, and 3 the relief sought shall be narrowly tailored to serve the specific interest to be 4 protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 5 2010). For each item or type of information, document, or thing sought to be filed 6 or introduced under seal in connection with a dispositive motion or trial, the Party 7 seeking protection must articulate compelling reasons, supported by specific facts 8 and legal justification, for the requested sealing order. Again, competent evidence 9 supporting the application to file documents under seal must be provided by 10 declaration. 11 Any document that is not confidential, privileged, or otherwise protectable 12 in its entirety will not be filed under seal if the confidential portions can be redacted. 13 If documents can be redacted, then a redacted version for public viewing, omitting 14 only the confidential, privileged, or otherwise protectable portions of the document, 15 shall be filed. Any application that seeks to file documents under seal in their 16 entirety should include an explanation of why redaction is not feasible. 17

18 2. DEFINITIONS 19 20 2.1 Action: this pending federal law suit. 21 2.2 Challenging Party: a Party or Non-Party that challenges 22 the designation of information or items under this Order. 23 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 24 how it is generated, stored or maintained) or tangible things that qualify for 25 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 26 the Good Cause Statement. 27 2.4 Counsel: Outside Counsel and House Counsel (as well as their support 28 4 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 5 of 22 Page ID #:398

staff). 1 2.5 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” or “HIGHLY CONFIDENTIAL-ATTORNEY EYES 4

ONLY.”

5 2.6 Disclosure or Discovery Material: all items or information, regardless 6 of the medium or manner in which it is generated, stored, or maintained (including, 7 among other things, testimony, transcripts, and tangible things), that are produced 8 or generated in disclosures or responses to discovery in this matter. 9 2.7 Expert: a person with specialized knowledge or experience in a matter 10 pertinent to the litigation who has been retained by a Party or its counsel to serve 11 as an expert witness or as a consultant in this Action. 12 2.8 “HIGHLY CONFIDENTIAL-ATTORNEY EYES ONLY” 13 Information or Items: extremely sensitive “Confidential Information or Items,” 14 disclosure of which to another Party or Non-Party would create a substantial risk 15 of serious harm that could not be avoided by less restrictive means. 16 2.9 House Counsel: attorneys who are employees of a party to this Action. 17 For specificity, in the case of SourceBlue, House Counsel shall include in-house 18 counsel for its parent company, Turner Construction Company. House Counsel 19 does not include Outside Counsel of Record or any other outside counsel. 20 2.10 Non-Party: any natural person, partnership, corporation, association, 21 or other legal entity not named as a Party to this action. 22 2.11 Outside Counsel: Outside Counsel Case Advisors and Outside 23 Counsel of Record. 24 2.12 Outside Counsel Case Advisors: attorneys who are not employees of 25 a party to this Action but are retained to represent or advise a party to this Action 26 about this Action, and includes support staff. 27 28 5 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 6 of 22 Page ID #:399

2.13 Outside Counsel of Record: attorneys who are not employees of a 1 party to this Action but are retained to represent or advise a party to this Action and 2 have appeared in this Action on behalf of that party or are affiliated with a law firm 3 which has appeared on behalf of that party, and includes support staff. 4 2.14 Party: any party to this Action, including all of its officers, directors, 5 employees, consultants, retained experts, and Outside Counsel of Record (and their 6 support staffs). 7 2.15 Producing Party: a Party or Non-Party that produces Disclosure or 8 Discovery Material in this Action. 9 2.16 Professional Vendors: persons or entities that provide litigation 10 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 11 demonstrations, and organizing, storing, or retrieving data in any form or medium) 12 and their employees and subcontractors. 13 2.17 Protected Material: any Disclosure or Discovery Material that is 14 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL–ATTORNEY 15

EYES ONLY.”

16 2.18 Receiving Party: a Party that receives Disclosure or Discovery 17 Material from a Producing Party. 18

19 3. SCOPE 20 21 The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or 23 extracted from Protected Material; (2) all copies, excerpts, summaries, or 24 compilations of Protected Material; and (3) any testimony, conversations, or 25 presentations by Parties or their Counsel that might reveal Protected Material. 26 However, the protections conferred by this Stipulation and Order do not cover the 27 following information: (a) any information that is in the public domain at the time 28 6 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 7 of 22 Page ID #:400

of disclosure to a Receiving Party or becomes part of the public domain after its 1 disclosure to a Receiving Party as a result of publication not involving a violation 2 of this Order, including becoming part of the public record through trial or 3 otherwise; and (b) any information known to the Receiving Party prior to the 4 disclosure or obtained by the Receiving Party after the disclosure from a source 5 who obtained the information lawfully and under no obligation of confidentiality 6 to the Designating Party. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9

10 4. DURATION 11 12 Even after final disposition of this litigation, the confidentiality obligations 13 imposed by this Order shall remain in effect until a Designating Party agrees 14 otherwise in writing or a court order otherwise directs. Final disposition shall be 15 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 16 or without prejudice; and (2) final judgment herein after the completion and 17 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 18 including the time limits for filing any motions or applications for extension of time 19 pursuant to applicable law. 20 Once a case proceeds to trial, information that was designated as 21 CONFIDENTIAL or HIGHLY CONFIDENTIAL-ATTORNEY EYES ONLY, or 22 maintained pursuant to this protective order, that is used or introduced as an exhibit 23 at trial becomes public and will be presumptively available to all members of the 24 public, including the press, unless compelling reasons supported by specific factual 25 findings to proceed otherwise are made to the trial judge in advance of the trial. See 26 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 27 28 7 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 8 of 22 Page ID #:401

documents produced in discovery from “compelling reasons” standard when 1 merits-related documents are part of court record). Accordingly, for such materials, 2 the terms of this protective order do not extend beyond the commencement of the 3 trial. 4

5 5. DESIGNATING PROTECTED MATERIAL 6 7 5.1 Exercise of Restraint and Care in Designating Material for Protection. 8 Each Party or Non-Party that designates information or items for protection under 9 this Order must take care to limit any such designation to specific material that 10 qualifies under the appropriate standards. The Designating Party must designate for 11 protection only those parts of material, documents, items, or oral or written 12 communications that qualify so that other portions of the material, documents, 13 items, or communications for which protection is not warranted are not swept 14 unjustifiably within the ambit of this Order. 15 Designations with a higher confidentiality level when a lower level would 16 suffice are prohibited. Mass, indiscriminate, or routinized designations are also 17 prohibited. Unjustified designations or that have been made for an improper 18 purpose (e.g., to unnecessarily encumber the case development process or to 19 impose unnecessary expenses and burdens on other parties) may expose the 20 Designating Party to sanctions. 21 If it comes to a Designating Party’s attention that information or items that it 22 designated for protection do not qualify for protection, that Designating Party must 23 promptly notify all other Parties that it is withdrawing the inapplicable designation. 24 5.2 Manner and Timing of Designations. Except as otherwise provided in 25 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 26 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 27 under this Order must be clearly so designated before the material is disclosed or 28 8 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 9 of 22 Page ID #:402

produced. 1 Designation in conformity with this Order requires: 2 (a) For information in documentary form (e.g., paper or electronic 3 documents, but excluding transcripts of depositions or other pretrial or trial 4 proceedings), that the Producing Party must affix, at a minimum, the legend 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEY EYES ONLY 6 to each page that contains protected material. If only a portion or portions of the 7 material on a page qualifies for protection, the Producing Party also must clearly 8 identify the protected portion(s) (e.g., by making appropriate markings in the 9 margins) and must specify for each portion the level of protection being asserted. 10 A Party or Non-Party that makes original documents available for inspection 11 need not designate them for protection until after the inspecting Party has indicated 12 which documents it would like copied and produced. During the inspection and 13 before the designation, all of the material made available for inspection shall be 14 deemed “HIGHLY CONFIDENTIAL-ATTORNEY EYES ONLY.” After the 15 inspecting Party has identified the documents it wants copied and produced, the 16 Producing Party must determine which documents, or portions thereof, qualify for 17 protection under this Order. Then, before producing the specified documents, the 18 Producing Party must affix the appropriate legend “CONFIDENTIAL” or 19 “HIGHLY CONFIDENTIAL-ATTORNEY EYES ONLY” to each page that 20 contains Protected Material. If only a portion or portions of the material on a page 21 qualifies for protection, the Producing Party also must clearly identify the protected 22 portion(s) (e.g., by making appropriate markings in the margins) and must specify 23 for each portion the level of protection being asserted. 24 (b) For testimony given in depositions that the Designating Party identify 25 on the record, before the close of the deposition, all protected testimony and specify 26 the level of protection being asserted. When it is impractical to identify separately 27 28 9 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 10 of 22 Page ID #:403

each portion of testimony that is entitled to protection and it appears that substantial 1 portions of the testimony may qualify for protection, the Designating Party may 2 invoke on the record (before the deposition is concluded) a right to have up to 21 3 days to identify the specific portions of the testimony as to which protection is 4 sought and to specify the level of protection being asserted. Only those portions of 5 the testimony that are appropriately designated for protection within the 21 days 6 shall be covered by the provisions of this Stipulated Protective Order. Any transcript 7 that is prepared before the expiration of a 21-day period for designation shall be 8 treated during that period as if it had been designated “HIGHLY CONFIDENTIAL– 9 ATTORNEY EYES ONLY” in its entirety unless otherwise agreed. After the 10 expiration of that period, the transcript shall be treated only as actually designated. 11 (c) For information produced in some form other than documentary and 12 for any other tangible items, that the Producing Party affix in a prominent place on 13 the exterior of the container or containers in which the information is stored the 14 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEY EYES 15 ONLY” If only a portion or portions of the information warrants protection, the 16 Producing Party, to the extent practicable, shall identify the protected portion(s). 17 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 18 failure to designate qualified information or items does not, standing alone, waive 19 the Designating Party’s right to secure protection under this Order for such material. 20 Upon timely correction of a designation, the Receiving Party must make reasonable 21 efforts to assure that the material is treated in accordance with the provisions of this 22 Order. 23

24 6. CHALLENGING CONFIDENTIALITY OR HIGHLY CONFIDENTIAL- 25

ATTORNEY EYES ONLY DESIGNATIONS

26 27 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 28 10 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 11 of 22 Page ID #:404

designation of confidentiality at any time that is consistent with the Court’s 1 Scheduling Order. 2 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 3 resolution process in accordance with the procedure set forth on Judge Donahue’s 4 webpage for handling discovery motions: See 5 https://www.cacd.uscourts.gov/honorable-patricia-donahue. 6 6.3 The burden of persuasion in any such challenge proceeding shall be on 7 the Designating Party. Frivolous challenges, and those made for an improper 8 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 9 parties) may expose the Challenging Party to sanctions. Unless the Designating 10 Party has waived or withdrawn the confidentiality designation, all parties shall 11 continue to afford the material in question the level of protection to which it is 12 entitled under the Producing Party’s designation until the Court rules on the 13 challenge. 14

15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 16 17 7.1 Basic Principles. A Receiving Party may use Protected Material that is 18 disclosed or produced by another Party or by a Non-Party in connection with this 19 Action only for prosecuting, defending, or attempting to settle this Action. Such 20 Protected Material may be disclosed only to the categories of persons and under the 21 conditions described in this Order. When the Action has been terminated, a 22 Receiving Party must comply with the provisions of section 13 below (FINAL 23 DISPOSITION). 24 Protected Material must be stored and maintained by a Receiving Party at a 25 location and in a secure manner that ensures that access is limited to the persons 26 authorized under this Order. 27 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 28 11 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 12 of 22 Page ID #:405

otherwise ordered by the court or permitted in writing by the Designating Party, a 1 Receiving Party may disclose any information or item designated 2 “CONFIDENTIAL” only to: 3 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 4 well as employees of said Outside Counsel of Record to whom it is reasonably 5 necessary to disclose the information for this Action; 6 (b) the Receiving Party’s Outside Counsel Case Advisor for this Action, 7 as well as employees of said Outside Counsel Case Advisor to whom it is 8 reasonably necessary to disclose the information for this Action and who have 9 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 (c) the officers, directors, and employees (including House Counsel) of 11 the Receiving Party to whom disclosure is reasonably necessary for this Action and 12 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (d) Experts (as defined in this Order) of the Receiving Party to whom 14 disclosure is reasonably necessary for this Action and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (e) the court and its personnel; 17 (f) court reporters and their staff; 18 (g) professional jury or trial consultants, mock jurors, and Professional 19 Vendors to whom disclosure is reasonably necessary for this Action and who have 20 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (h) the author or recipient of a document containing the information or a 22 custodian or other person who otherwise possessed or knew the information; 23 (i) during the deposition of (and their subsequent review of the transcript) 24 (1) a Designating Party or a Designating Party’s employees, agents, or 25 representatives, and (2) witnesses, and attorneys for witnesses, in the Action to 26 whom disclosure is reasonably necessary provided the witness signs the 27 28 12 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 13 of 22 Page ID #:406

“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 1 agreed by the Designating Party or ordered by the court. Pages of transcribed 2 deposition testimony or exhibits to depositions that reveal Protected Material may 3 be separately bound by the court reporter and may not be disclosed to anyone except 4 as permitted under this Stipulated Protective Order; and 5 (j) any mediator or settlement officer, and their supporting personnel, 6 mutually agreed upon by any of the parties engaged in settlement discussions. 7 7.3 Disclosure of “HIGHLY CONFIDENTIAL-ATTORNEY EYES 8 ONLY” Information or Items. Unless otherwise ordered by the court or permitted 9 in writing by the Designating Party, a Receiving Party may disclose any information 10 or item designated “HIGHLY CONFIDENTIAL-ATTORNEY EYES ONLY” only 11 to: 12 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 13 well as employees of said Outside Counsel of Record to whom it is reasonably 14 necessary to disclose the information for this Action; 15 (b) the Receiving Party’s Outside Counsel Case Advisor for this Action, 16 as well as employees of said Outside Counsel Case Advisor to whom it is 17 reasonably necessary to disclose the information for this Action and who have 18 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (c) up to one House Counsel (and his or her support staff) of the Receiving 20 Party (“Designated House Counsel”) (1) who is not involved in competitive 21 decision making, (2) to whom disclosure is reasonably necessary for this litigation, 22 (3) who has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 23 A); and (4) who has been approved pursuant to procedure set forth in paragraph 7.4 24 below; 25 (d) Experts (as defined in this Order) of the Receiving Party to whom 26 disclosure is reasonably necessary for this Action and (1) who have signed the 27 28 13 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 14 of 22 Page ID #:407

“Acknowledgment and Agreement to Be Bound” (Exhibit A) and (2) who have 1 been approved pursuant to procedure set forth in paragraph 7.4 below; 2 (e) the court and its personnel; 3 (f) court reporters and their staff; 4 (g) professional jury or trial consultants, mock jurors, and Professional 5 Vendors to whom disclosure is reasonably necessary for this Action and who have 6 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 (h) the author or recipient of a document containing the information or a 8 custodian or other person who otherwise possessed or knew the information; 9 (i) during the deposition of (and the subsequent review of the transcript 10 by) (1) a Designating Party or a Designating Party’s employees, agents, or 11 representatives, and (2) witnesses, and attorneys for witnesses, in the Action to 12 whom disclosure is reasonably necessary provided the witness signs the 13 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 14 agreed by the Designating Party or ordered by the court. Pages of transcribed 15 deposition testimony or exhibits to depositions that reveal Protected Material may 16 be separately bound by the court reporter and may not be disclosed to anyone except 17 as permitted under this Stipulated Protective Order; and 18 (j) any mediator or settlement officer, and their supporting personnel, 19 mutually agreed upon by any of the parties engaged in settlement discussions. 20 7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY 21 CONFIDENTIAL-ATTORNEY EYES ONLY” Information or Items to 22 Designated House Counsel and Experts. 23 (a) A Party seeking to disclose to Designated House Counsel any material 24 designated HIGHLY CONFIDENTIAL-ATTORNEY EYES ONLY must first 25 make a written request to the Designating Party providing the full name of the 26 inhouse counsel, the city and state of such counsel’s residence, and such counsel’s 27 28 14 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 15 of 22 Page ID #:408

current and reasonably foreseeable future primary job duties and responsibilities in 1 sufficient detail to determine present or potential involvement in any competitive 2 decision making. 3 (b) A Receiving Party seeking to disclose to an Expert retained by the 4 Party any Disclosure or Discovery Material that has been designated HIGHLY 5 CONFIDENTIAL-ATTORNEY EYES ONLY must first make a written request to 6 the Designating Party that (1) identifies the general categories of HIGHLY 7 CONFIDENTIAL-ATTORNEY EYES ONLY information that the Receiving 8 Party seeks permission to disclose to the Expert, (2) sets forth the full name of the 9 Expert and the city and state of his or her primary residence, (3) attaches a copy of 10 the Expert’s current resume, (4) identifies the Expert’s current employer(s), (5) 11 identifies each person or entity from whom the Expert has received compensation 12 or funding for work in his or her areas of expertise (including in connection with 13 litigation) in the past five years, and (6) identifies (by name and number of the case, 14 filing date, and location of court) any litigation where the Expert has offered expert 15 testimony, including by declaration, report or testimony at deposition or trial, in the 16 past five years. If the Expert believes any of this information at (4) - (6) is subject 17 to a confidentiality obligation to a Non-Party, then the Expert should provide 18 whatever information the Expert believes can be disclosed without violating any 19 confidentiality agreements, and the Receiving Party seeking to disclose the 20 information to the Expert shall be available to meet and confer with the Designating 21 Party regarding any such confidentiality obligations. 22 (c) A Party that makes a request and provides the information specified in 23 paragraphs 4(a) or 4(b) may disclose the Protected Material to the Designated 24 House Counsel or Expert unless, within seven days of delivering the request, the 25 Party receives a written objection from the Designating Party providing detailed 26 grounds for the objection. 27 28 15 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 16 of 22 Page ID #:409

(d) All challenges to objections from the Designating Party shall proceed 1 in accordance with the procedure set forth on Judge Donahue’s webpage for 2 handling discovery motions: See https://www.cacd.uscourts.gov/honorable- 3 patricia-donahue. 4

5 8. PROSECUTION BAR 6 Absent written consent from the Producing Party, any individual who 7 receives access to “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL– 8 ATTORNEY EYES ONLY” information shall not be involved in the prosecution 9 of patents or patent applications relating to lighting control units for buildings, 10 including without limitation the patents asserted in this action and any patent or 11 application claiming priority to or otherwise related to the patents asserted in this 12 action, before any foreign or domestic agency, including the United States Patent 13 and Trademark Office (“the Patent Office”). For purposes of this paragraph, 14 “prosecution” includes directly or indirectly drafting, amending, advising, or 15 otherwise affecting the scope or maintenance of patent claims. To avoid any doubt, 16 “prosecution” as used in this paragraph does not include representing a party 17 challenging a patent before a domestic or foreign agency (including, but not limited 18 to, a reissue protest, ex parte reexamination or inter partes reexamination). This 19 Prosecution Bar shall begin when access to “HIGHLY CONFIDENTIAL– 20 ATTORNEY EYES ONLY” information is first received by the affected individual 21 and shall end one (1) year after final termination of this action. 22 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 23

IN OTHER LITIGATION

24 25 If a Party is served with a subpoena or a court order issued in other litigation 26 that compels disclosure of any Protected Material of another Party, that Party must: 27 28 16 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 17 of 22 Page ID #:410

(a) promptly notify in writing the Designating Party. Such notification 1 shall include a copy of the subpoena or court order; 2 (b) promptly notify in writing the party who caused the subpoena or order 3 to issue in the other litigation that some or all of the material covered by the 4 subpoena or order is subject to this Protective Order. Such notification shall include 5 a copy of this Stipulated Protective Order; and 6 (c) cooperate with respect to all reasonable procedures sought to be 7 pursued by the Designating Party whose Protected Material may be affected. 8 If the Designating Party timely seeks a protective order, the Party served 9 with the subpoena or court order shall not produce any Protected Material before a 10 determination by the court from which the subpoena or order issued, unless the 11 Party has obtained the Designating Party’s permission. The Designating Party shall 12 bear the burden and expense of seeking protection in that court of its confidential 13 material and nothing in these provisions should be construed as authorizing or 14 encouraging a Receiving Party in this Action to disobey a lawful directive from 15 another court. 16

17 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT 18

TO BE PRODUCED IN THIS LITIGATION

19 20 (a) The terms of this Order are applicable to information produced by a 21 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 22 CONFIDENTIAL-ATTORNEY EYES ONLY.” Such information produced by 23 Non-Parties in connection with this litigation is protected by the remedies and relief 24 provided by this Order. Nothing in these provisions should be construed as 25 prohibiting a Non-Party from seeking additional protections. 26 (b) In the event that a Party is required, by a valid discovery request, to 27 produce a Non-Party’s confidential information in its possession, and the Party is 28 17 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 18 of 22 Page ID #:411

subject to an agreement with the Non-Party not to produce the Non-Party’s 1 confidential information, then the Party shall: 2 3 (1) promptly notify in writing the Requesting Party and the Non- 4 Party that some or all of the information requested is subject to a confidentiality 5 agreement with a Non-Party; 6 (2) promptly provide the Non-Party with a copy of the Stipulated 7 Protective Order in this Action, the relevant discovery request(s), and a reasonably 8 specific description of the information requested; and 9 (3) make the information requested available for inspection by the 10 Non-Party, if requested. 11 (c) If the Non-Party fails to seek a protective order from this court within 12 14 days of receiving the notice and accompanying information, the Receiving Party 13 may produce the Non-Party’s confidential information responsive to the discovery 14 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 15 not produce any information in its possession or control that is subject to the 16 confidentiality agreement with the Non-Party before a determination by the court. 17 Absent a court order to the contrary, the Non-Party shall bear the burden and 18 expense of seeking protection in this court of its Protected Material. 19 20 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 22 Protected Material to any person or in any circumstance not authorized under this 23 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 24 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 25 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 26 or persons to whom unauthorized disclosures were made of all the terms of this 27 28 18 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 19 of 22 Page ID #:412

Order, and (d) request such person or persons to execute the “Acknowledgment and 1 Agreement to Be Bound” that is attached hereto as Exhibit A. 2

3 4 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 5 PROTECTED MATERIAL 6 When a Producing Party gives notice to Receiving Parties that certain 7 inadvertently produced material is subject to a claim of privilege or other 8 protection, the obligations of the Receiving Parties are those set forth in Federal 9 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 10 whatever procedure may be established in an e-discovery order that provides for 11 production without prior privilege review. Pursuant to Federal Rule of Evidence 12 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 13 of a communication or information covered by the attorney-client privilege or work 14 product protection, the parties may incorporate their agreement in the stipulated 15 protective order submitted to the court. 16 17 13. MISCELLANEOUS 18 13.1 Right to Further Relief. Nothing in this Order abridges the right of any 19 person to seek its modification by the Court in the future. 20 13.2 Right to Assert Other Objections. By stipulating to the entry of this 21 Protective Order no Party waives any right it otherwise would have to object to 22 disclosing or producing any information or item on any ground not addressed in 23 this Stipulated Protective Order. Similarly, no Party waives any right to object on 24 any ground to use in evidence of any of the material covered by this Protective 25 Order. 26 13.3 Filing Protected Material. A Party that seeks to file under seal any 27 28 19 Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 20 of 22 Page ID #:413

Protected Material must comply with Civil Local Rule 79-5. Protected Material 1 may only be filed under seal pursuant to a court order authorizing the sealing of the 2 specific Protected Material at issue. If a Party's request to file Protected Material 3 under seal is denied by the court, then the Receiving Party may file the information 4 in the public record unless otherwise instructed by the court. 5

6 14. FINAL DISPOSITION 7 8 After the final disposition of this Action, as defined in paragraph 4, within 9 60 days of a written request by the Designating Party, each Receiving Party must 10 return all Protected Material to the Producing Party or destroy such material. As 11 used in this subdivision, “all Protected Material” includes all copies, abstracts, 12 compilations, summaries, and any other format reproducing or capturing any of the 13 Protected Material. Whether the Protected Material is returned or destroyed, the 14 Receiving Party must submit a written certification to the Producing Party (and, if 15 not the same person or entity, to the Designating Party) by the 60 day deadline that 16 (1) identifies (by category, where appropriate) all the Protected Material that was 17 returned or destroyed and (2)affirms that the Receiving Party has not retained any 18 copies, abstracts, compilations, summaries or any other format reproducing or 19 capturing any of the Protected Material. Notwithstanding this provision, Counsel 20 are entitled to retain an archival copy of all pleadings, motion papers, trial, 21 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 22 and trial exhibits, expert reports, attorney work product, and consultant and expert 23 work product, even if such materials contain Protected Material. Any such archival 24 copies that contain or constitute Protected Material remain subject to this Protective 25 Order as set forth in Section 4 (DURATION). 26 27 28 20 ase 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 21 of 22 Page #:414

, || 15. Any violation of this Order may be punished by any and all appropriate > || measures including, without limitation, contempt proceedings and/or monetary 3 sanctions. 4 5 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 6 7 || DATED: July 20, 2022 Plus Lonakoe_ Patricia Donahue 10 || United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21

Case 2:21-cv-05876-AB-PD Document 59 Filed 07/20/22 Page 22 of 22 Page ID #:415

EXHIBIT A

1

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2 3 I, ________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of 7 California on [date] in the case of __________ [insert formal name of the 8 case and the number and initials assigned to it by the court]. I agree to comply 9 with 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 will 12 not disclose in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the 14 provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 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 ________________________ [print 19 or type full name] of _________ [print or type full 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 Date: __________________________ 23

24 City and State where sworn and signed: _____________________________

25 Printed name: ____________________________________ 26 Signature: ________________________________ 27 28 22