Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 1 of 17 Page ID #:2177

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9

CENTRAL DISTRICT OF CALIFORNIA

10 MURRAY COLIN CLARKE, an Case No. 2:21-cv-03463-FLA-JEM individual, and BIOZEAL, LLC 11 Plaintiffs, [XPXRXOXPXOXSEXDX] ORDER 12 APPROVING STIPULATED v. PROTECTIVE ORDER 13 TNSG HEALTH CO., LTD., a United 14 Kingdom Limited Company, Defendant. 15 16 1. PRELIMINARY PROVISIONS 17 A. PURPOSES AND LIMITATIONS 18 Discovery in this action is likely to involve production of confidential, 19 proprietary, trade secret, and/or private information not generally known or provided 20 to the public and for which special protection from public disclosure and from use 21 for any purpose other than prosecuting and defending this litigation may be 22 warranted. Accordingly, the parties hereby stipulate to and petition the Court to 23 enter the following Stipulated Protective Order. The parties acknowledge that this 24 Order does not confer blanket protections on all disclosures or responses to 25 discovery and that the protection it affords from public disclosure and use extends 26 only to the limited information or items that are entitled to confidential treatment 27 under the applicable legal principles. 28 {F4679054.1 } Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 2 of 17 Page ID #:2178

1 B. GOOD CAUSE STATEMENT 2 This action, which relates to the use of trademarks in connection with 3 nutritional supplements, is likely to involve trade secrets, cost and pricing 4 information, and other valuable research, development, commercial, financial, 5 technical and/or proprietary information, for which special protection from public 6 disclosure and from use for any purpose other than prosecution of this action is 7 warranted. Such confidential and proprietary materials and information may consist 8 of, among other things, confidential business or financial information, information 9 regarding confidential business practices, or other confidential research, 10 development, or commercial information, information otherwise generally 11 unavailable to the public, or which may be privileged or otherwise protected from 12 disclosure under state or federal statutes, court rules, case decisions, contract(s) or 13 common law. Accordingly, to expedite the flow of information, to facilitate the 14 prompt resolution of disputes over confidentiality of discovery materials, to 15 adequately protect information the parties are entitled to keep confidential, to ensure 16 that the parties are permitted reasonable necessary uses of such material in 17 preparation for and in the conduct of trial, to address their handling at the end of the 18 litigation, and serve the ends of justice, a protective order for such information is 19 justified in this matter. It is the intent of the parties that information will not be 20 designated as confidential for tactical reasons and that nothing be so designated 21 without a good faith belief that it has been maintained in a confidential, non-public 22 manner, and there is good cause why it should not be part of the public record of this 23 case. 24 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 25 The parties further acknowledge, as set forth in Section 12.3, below, that this 26 Stipulated Protective Order does not entitle them to file confidential information 27 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 28 2 {F4679054.1 } Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 3 of 17 Page ID #:2179

1 and the standards that will be applied when a party seeks permission from the court 2 to file material under seal. 3 There is a strong presumption that the public has a right of access to judicial 4 proceedings and records in civil cases. In connection with non-dispositive motions, 5 good cause must be shown to support a filing under seal. See Kamakana v. City and 6 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 7 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 8 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 9 require good cause showing), and a specific showing of good cause or compelling 10 reasons with proper evidentiary support and legal justification, must be made with 11 respect to Protected Material that a party seeks to file under seal. The parties’ mere 12 designation of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY 13 CONFIDENTIAL—ATTORNEYS’ EYES ONLY does not—without the 14 submission of competent evidence by declaration, establishing that the material 15 sought to be filed under seal qualifies as confidential, privileged, or otherwise 16 protectable—constitute good cause. 17 Further, if a party requests sealing related to a dispositive motion or trial, then 18 compelling reasons, not only good cause, for the sealing must be shown, and the 19 relief sought shall be narrowly tailored to serve the specific interest to be protected. 20 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 21 each item or type of information, document, or thing sought to be filed or introduced 22 under seal in connection with a dispositive motion or trial, the party seeking 23 protection must articulate compelling reasons, supported by specific facts and legal 24 justification, for the requested sealing order. Again, competent evidence supporting 25 the application to file documents under seal must be provided by declaration. 26 Any document that is not confidential, privileged, or otherwise protectable in 27 its entirety will not be filed under seal if the confidential portions can be redacted. 28 If documents can be redacted, then a redacted version for public viewing, omitting 3 {F4679054.1 } Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 4 of 17 Page ID #:2180

1 only the confidential, privileged, or otherwise protectable portions of the document, 2 shall be filed. Any application that seeks to file documents under seal in their 3 entirety should include an explanation of why redaction is not feasible. 4 2. DEFINITIONS 5 2.1 Action: Clarke et al. v. TNSG Health Co., Ltd., Case No. 2:21-cv- 6 03463-FLA-JEM. 7 2.2 Challenging Party: a Party or Non-Party that challenges the 8 designation of information or items under this Order. 9 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 10 how it is generated, stored, or maintained and regardless of media) or tangible things 11 that qualify for protection under Federal Rule of Civil Procedure 26(c), and as 12 specified above in the Good Cause Statement. Certain limited types of 13 “CONFIDENTIAL” Information may be further designated, as defined and detailed 14 below, as “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” 15 2.4 Counsel: Outside Counsel and House Counsel (as well as their legal 16 and non-legal support staff). 17 2.5 Designating Party: a Party or Non-Party that designates information or 18 items that it produces in disclosures or in responses to discovery as 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” 20 2.6 Disclosure or Discovery Material: all items or information, regardless 21 of the medium or manner in which it is generated, stored, or maintained (including, 22 among other things, testimony, transcripts, and tangible things), that are produced or 23 generated in disclosures or responses to discovery in this Action. 24 2.7 Expert: a person with specialized knowledge or experience in a matter 25 pertinent to the litigation who has been retained by a Party or its counsel to serve as 26 an expert witness or as a consultant in this Action. 27 2.8 “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” 28 Information or Items: extremely sensitive “CONFIDENTIAL” Information or Items, 4 {F4679054.1 } Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 5 of 17 Page ID #:2181

1 disclosure of which to another Party or Non-Party would create a substantial risk of 2 serious harm that could not be avoided by less restrictive means. This type of 3 information and items includes, but is not limited to, pending patent applications, 4 products currently in development and not yet commercially released, technical 5 specifications, current business/ strategic plans, future sales/financial projections, 6 future marketing plans, detailed sales and financial data, or other highly sensitive or 7 proprietary competitive or financial information. Notwithstanding the foregoing, 8 information contained in one of these categories is not “HIGHLY 9 CONFIDENTIAL—ATTORNEYS’ EYES ONLY” merely because it relates to one 10 or more of the designated categories, but only if disclosure of such 11 “CONFIDENTIAL” information would create a substantial risk of serious harm that 12 could not be avoided by less restrictive means. 13 2.9 House Counsel: attorneys who are employees of a party to this Action 14 and who are acting solely in their capacity as legal advisors and not in any business 15 or other capacity with respect to the Designated Material sought to be disclosed. 16 House Counsel does not include Outside Counsel. 17 2.10 Non-Party: any natural person, partnership, corporation, association, or 18 other legal entity not named as a Party to this action. 19 2.11 Outside Counsel: attorneys who are not employees of a party to this 20 Action but are retained to represent or advise a party to this Action including the 21 named attorneys and their firms; outside counsel who are providing advice and 22 support including foreign counsel regardless of whether they are admitted to the 23 court for purposes of the Action, are identified as counsel of record, or are otherwise 24 identified; counsel’s firm, all attorneys and support staff who work with said 25 counsel regardless of whether they formally appear in the Action. 26 2.12 Party: any party to this Action, including all of its officers, directors, 27 employees, consultants, and retained experts. 28 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 5 {F4679054.1 } Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 6 of 17 Page ID #:2182

1 Discovery Material in this Action. 2 2.14 Professional Vendors: court reporters, stenographers, and all other 3 persons or entities that provide litigation or other support services (e.g., 4 photocopying, videotaping, translating, preparing transcripts, preparing exhibits or 5 demonstrations, and organizing, storing, or retrieving data in any form or medium) 6 and their employees and subcontractors. 7 2.15 Protected Material: any Disclosure or Discovery Material that is 8 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ 9 EYES ONLY.” 10 2.16 Receiving Party: a Party that receives Disclosure or Discovery 11 Material from a Producing Party. 12 3. SCOPE 13 The protections conferred by this Stipulation and Order cover not only 14 Protected Material (as defined above), but also (1) any information copied or extracted 15 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 16 Protected Material; and (3) any testimony, conversations, or presentations by Parties 17 or their Counsel that might reveal Protected Material. 18 Any use of Protected Material at trial shall be governed by the orders of the 19 trial judge. This Order does not govern the use of Protected Material at trial. 20 4. DURATION 21 FINAL DISPOSITION of the Action is defined as the conclusion of any 22 appellate proceedings, or, if no appeal is taken, when the time for filing an appeal 23 has run. Except as set forth below, the terms of this protective order apply through 24 FINAL DISPOSITION of the Action. 25 Once a case proceeds to trial, information that was designated as 26 CONFIDENTIAL or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” 27 or maintained pursuant to this protective order used or introduced as an exhibit at 28 trial becomes public and will be presumptively available to all members of the 6 {F4679054.1 } Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 7 of 17 Page ID #:2183

1 public, including the press, unless compelling reasons supported by specific factual 2 findings to proceed otherwise are made to the trial judge in advance of the trial. See 3 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 4 documents produced in discovery from “compelling reasons” standard when merits- 5 related documents are part of court record). 6 5. DESIGNATING PROTECTED MATERIAL 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 Mass, indiscriminate, or routinized designations are prohibited. Designations 16 that are shown to be clearly unjustified or that have been made for an improper 17 purpose (e.g., to unnecessarily encumber the case development process or to impose 18 unnecessary expenses and burdens on other parties) may expose the Designating 19 Party to sanctions. 20 If it comes to a Designating Party’s attention that information or items that it 21 designated for protection do not qualify for protection at all, or do not qualify for the 22 level of protection initially asserted, that Designating Party must promptly notify all 23 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 produced. 7 {F4679054.1 } Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 8 of 17 Page ID #:2184

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 affix at a minimum, the legend 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” 6 (hereinafter the “CONFIDENTIAL legend” or the “HIGHLY CONFIDENTIAL— 7 ATTORNEYS’ EYES ONLY legend,” respectively), to each page that contains 8 Protected Material. If only a portion of the material on a page qualifies for protection, 9 the Producing Party also must clearly identify the protected portion(s) (e.g., by making 10 appropriate markings in the margins). 11 A Party or Non-Party that makes original documents available for inspection 12 need not designate them for protection until after the inspecting Party has indicated 13 which documents it would like copied and produced. During the inspection and 14 before the designation, all of the material made available for inspection shall be 15 deemed “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” After the 16 inspecting Party has identified the documents it wants copied and produced, the 17 Producing Party must determine which documents, or portions thereof, qualify for 18 protection under this Order. Then, before producing the specified documents, the 19 Producing Party must affix the “CONFIDENTIAL legend” or “HIGHLY 20 CONFIDENTIAL—ATTORNEYS’ EYES ONLY legend” to each page that 21 contains Protected Material. If only a portion of the material on a page qualifies for 22 protection, the Producing Party also must clearly identify the protected portion(s) 23 (e.g., by making appropriate markings in the margins). 24 (b) For testimony given in depositions, the Designating Party can engage 25 in the following methods: First, the Designating Party may identify the Disclosure 26 or Discovery Material on the record, before the close of the deposition, and 27 specifically identify all protected testimony and exhibits together with the level of 28 protection being asserted. Second, the Designating Party may identify the 8 {F4679054.1 } Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 9 of 17 Page ID #:2185

1 Disclosure or Discovery Material within 14 days after delivery of the Transcript. all 2 Deposition Transcripts will be deemed “HIGHLY CONFIDENTIAL— 3 ATTORNEYS’ EYES ONLY” until 14 days after receipt of the Transcript by the 4 Designating Party. 5 Transcripts containing Protected Material shall have an obvious legend on 6 the title page that the transcript contains Protected Material, and the title page shall 7 be followed by a list of all pages (including line numbers as appropriate) that have 8 been designated as Protected Material and the level of protection being asserted by 9 the Designating Party. The Designating Party shall inform the court reporter of these 10 requirements. 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—ATTORNEYS’ 15 EYES ONLY.” If only a portion or portions of the information warrants protection, 16 the Producing Party, to the extent practicable, shall identify the protected portion(s) 17 and specify the level of protection being asserted. 18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 19 failure to designate qualified information or items does not, standing alone, waive 20 the Designating Party’s right to secure protection under this Order for such material. 21 Upon timely correction of a designation, the Receiving Party must make reasonable 22 efforts to assure that the material is treated in accordance with the provisions of this 23 Order. 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 26 designation of confidentiality at any time that is consistent with the Court’s 27 Scheduling Order. Until any dispute is resolved, the designation of confidentiality 28 shall be maintained. 9 {F4679054.1 } Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 10 of 17 Page ID #:2186

1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 2 resolution process under Local Rule 37.1 et seq. 3 6.3 Burden of Persuasion. The burden of persuasion in any such challenge 4 proceeding shall be on the Designating Party. Frivolous challenges, and those made 5 for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens 6 on other parties) may expose the Challenging Party to sanctions. Unless the 7 Designating Party has waived or withdrawn the confidentiality designation, all parties 8 shall continue to afford the material in question the level of protection to which it is 9 entitled under the Producing Party’s designation until the Court rules on the 10 challenge. 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 12 7.1 Basic Principles. Protected Material may be disclosed only to the 13 categories of persons and under the conditions described in this Order. When the 14 Action has been terminated, a Receiving Party must comply with the provisions of 15 section 13 below (FINAL DISPOSITION). 16 Protected Material must be stored and maintained by a Receiving Party at a 17 location and in a secure manner that ensures that access is limited to the persons 18 authorized under this Order. 19 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 20 otherwise ordered by the court or permitted in writing by the Designating Party, a 21 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 22 only to: 23 (a) the Receiving Party’s Counsel; 24 (b) the officers, directors, and employees of the Receiving Party to whom 25 disclosure is reasonably necessary for this Action and who have signed the 26 “Acknowledgement and Agreement to Be Bound” (Exhibit A); 27 (c) Experts (as defined in this Order) of the Receiving Party to whom 28 disclosure is reasonably necessary for this Action and who have signed the 10 {F4679054.1 } Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 11 of 17 Page ID #:2187

1 “Acknowledgment and Agreement to Be Bound” (Exhibit A), and subject to 2 compliance with Section 7.4; 3 (d) the court and its personnel; 4 (e) court reporters and their staff and who have signed the 5 “Acknowledgement and Agreement to Be Bound” (Exhibit A); 6 (f) professional jury or trial consultants, mock jurors, and Professional 7 Vendors to whom disclosure is reasonably necessary for this Action and who have 8 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (g) the author or recipient of a document containing the information or a 10 custodian or other person who otherwise possessed or knew the information; 11 (h) any mediator or settlement officer, and their supporting personnel, 12 mutually agreed upon by any of the parties engaged in settlement discussions. 13 7.3 Disclosure of “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES 14 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 15 writing by the Designating Party, a Receiving Party may disclose any information or 16 item designated “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” to 17 the same categories of persons listed with respect to “CONFIDENTIAL Information 18 or Items” in Sections 7.2(a), (c)-(h) above. 19 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 20 IN OTHER LITIGATION 21 If a Party is served with a subpoena or a court order issued in other litigation 22 that compels disclosure of any information or items designated in this Action as 23 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES 24 ONLY” that Party must: 25 (a) promptly notify in writing the Designating Party. Such notification 26 shall include a copy of the subpoena or court order; 27 (b) promptly notify in writing the party who caused the subpoena or order 28 to issue in the other litigation that some or all of the material covered by the 11 {F4679054.1 } Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 12 of 17 Page ID #:2188

1 subpoena or order is subject to this Protective Order. Such notification shall include 2 a copy of this Stipulated Protective Order; and 3 (c) cooperate with respect to all reasonable procedures sought to be 4 pursued by the Designating Party whose Protected Material may be affected. 5 If the Designating Party timely seeks a protective order, the Party served with 6 the subpoena or court order shall not produce any information designated in this 7 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ 8 EYES ONLY” before a determination by the court from which the subpoena or 9 order issued, unless the Party has obtained the Designating Party’s permission. The 10 Designating Party shall bear the burden and expense of seeking protection in that 11 court of its confidential material and nothing in these provisions should be construed 12 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 13 directive from another court. 14 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 15 PRODUCED IN THIS LITIGATION 16 (a) The terms of this Order are applicable to information produced by a 17 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 18 CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” Such information produced by 19 Non-Parties in connection with this litigation is protected by the remedies and relief 20 provided by this Order. Nothing in these provisions should be construed as 21 prohibiting a Non-Party from seeking additional protections. 22 (b) In the event that a Party is required, by a valid discovery request, to 23 produce a Non-Party’s confidential information in its possession, and the Party is 24 subject to an agreement with the Non-Party not to produce the Non-Party’s 25 confidential information, then the Party shall: 26 (1) promptly notify in writing the Requesting Party and the Non-Party 27 that some or all of the information requested is subject to a confidentiality 28 agreement with a Non-Party; 12 {F4679054.1 } Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 13 of 17 Page ID #:2189

1 (2) promptly provide the Non-Party with a copy of the Stipulated 2 Protective Order in this Action, the relevant discovery request(s), and a reasonably 3 specific description of the information requested; and 4 (3) make the information requested available for inspection by the 5 Non-Party, if requested. 6 If the Non-Party fails to seek a protective order from this court within 14 7 days of receiving the notice and accompanying information, the Receiving Party 8 may not use the agreement with the Non-Party as a basis for failing to produce the 9 Non-Party’s confidential information responsive to the discovery request. If the 10 Non-Party timely seeks a protective order, the Receiving Party shall not produce any 11 information in its possession or control that is subject to the confidentiality 12 agreement with the Non-Party before a determination by the court. Absent a court 13 order to the contrary, the Non-Party shall bear the burden and expense of seeking 14 protection in this court of its Protected Material. 15 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 16 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 17 Protected Material to any person or in any circumstance not authorized under this 18 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 19 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 20 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 21 persons to whom unauthorized disclosures were made of all the terms of this Order, 22 and (d) request such person or persons to execute the “Acknowledgment and 23 Agreement to Be Bound” that is attached hereto as Exhibit A. 24 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 25 PROTECTED MATERIAL 26 When a Producing Party gives notice to Receiving Parties that certain 27 inadvertently produced material is subject to a claim of privilege or other protection, 28 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 13 {F4679054.1 } Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 14 of 17 Page ID #:2190

1 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 2 may be established in an e-discovery order that provides for production without prior 3 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 4 parties reach an agreement on the effect of disclosure of a communication or 5 information covered by the attorney-client privilege or work product protection, the 6 parties may incorporate their agreement in the stipulated protective order submitted 7 to the court. 8 12. MISCELLANEOUS 9 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 10 person to seek its modification by the Court in the future. 11 12.2 Right to Assert Other Objections. By stipulating to the entry of this 12 Protective Order, no Party waives any right it otherwise would have to object to 13 disclosing or producing any information or item on any ground not addressed in this 14 Stipulated Protective Order. Similarly, no Party waives any right to object on any 15 ground to use in evidence of any of the material covered by this Protective Order. 16 12.3 Filing Protected Material. A Party that seeks to file under seal any 17 Protected Material must comply with Local Civil Rule 79-5. Protected Material 18 may only be filed under seal pursuant to a court order authorizing the sealing of the 19 specific Protected Material at issue. If a Party’s request to file Protected Material 20 under seal is denied by the court, then the Receiving Party may file the information 21 in the public record unless otherwise instructed by the court. 22 13. FINAL DISPOSITION 23 Within 60 days after the final disposition of this Action, as defined in 24 paragraph 4, each Receiving Party must return all Protected Material to the 25 Producing Party or destroy such material. As used in this subdivision, “all Protected 26 Material” includes all copies, abstracts, compilations, summaries, and any other 27 format reproducing or capturing any of the Protected Material. Whether the 28 Protected Material is returned or destroyed, the Receiving Party must submit a 14 {F4679054.1 } Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 15 of 17 Page ID #:2191

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

17 Dated: September 19, 2022 BARNES & THORNBURG LLP

18 By: /s/ Roya Rahmanpour 19 Seth A. Gold Roya Rahmanpour 20 Jonathan J. Boustani Attorneys for Plaintiffs 21 Murray Colin Clarke and Biozeal, LLC

22 Dated: September 19, 2022 KIRKLAND & ELLIS LLP

23 By: /s/ Diana Torres Mark C. Holscher 24 Diana Torres Lauren Schweitzer 25 Attorneys for Plaintiffs Murray Colin Clarke and Biozeal, LLC 26 27 28 15 {F4679054.1 } Case 2/21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page16o0f17 Page ID #:2192

1 Dated: September 19, 2022 VENABLE LLP

3 Atowme i for Defendant TNSG HEALTH 4 CO., LTD.

5 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. yl EWedomal}— 6 || DATED: 9/20/22, 1 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (F4679054.1} 16

Case 2:21-cv-03463-FLA-JEM Document 91 Filed 09/20/22 Page 17 of 17 Page ID #:2193

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _________________________________________ [print or type full 5 name], of __________________________ [print or type full address], declare under 6 penalty of perjury that I have read in its entirety and understand the Stipulated 7 Protective Order that was issued by the United States District Court for the Central 8 District of California in the case of Clarke et al. v. TNSG Health Co., Ltd., Case No. 9 2:21-cv-03463-FLA-JEM.. I agree to comply with and to be bound by all the terms 10 of this Stipulated Protective Order and I understand and acknowledge that failure to 11 so comply could expose me to sanctions and punishment in the nature of contempt. 12 I solemnly promise that I will not disclose in any manner any information or item 13 that is subject to this Stipulated Protective Order to any person or entity except in 14 strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of 18 this action. I hereby appoint __________________________ [print or type full 19 name] of _______________________________________ [print or type full address 20 and telephone number] as my California agent for service of process in connection 21 with this action or any proceedings related to enforcement of this Stipulated 22 Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________ 17 {F4679054.1 }