Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 1 of 21 Page ID #:1197

1 LEWIS BRISBOIS BISGAARD & SMITH LLP

JON P. KARDASSAKIS, SB# 90602

2 E-Mail: Jon.Kardassakis@lewisbrisbois.com

BRYAN M. LEIFER, SB# 265837

3 E-Mail: Bryan.Leifer@lewisbrisbois.com

ELEONORA ANTONYAN, SB# 338379

4 E-Mail: Eleonora.Antonyan@lewisbrisbois.com 633 West 5th Street, Suite 4000 5 Los Angeles, California 90071 Telephone: 213.250.1800 6 Facsimile: 213.250.7900

7 Attorneys for Defendant

PIH HEALTH, INC.

8

WILLIAM B. FEDERMAN*

9 wbf@federmanlaw.com Oklahoma Bar No. 2853 10 FEDERMAN & SHERWOOD 10205 N. Pennsylvania Ave. 11 Oklahoma City, OK 73120 Telephone: (405) 235-1560 12 Facsimile: (405) 239-2112 *admitted pro hac vice 13

14 Attorney for Plaintiff

AURORA ROSARIO

15 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA 18 AURORA ROSARIO, individually 19 and on behalf of all others similarly Case No. 2:21-cv-07221-JAK-PD situated and on behalf of the general 20 public, 21 Plaintiff, Judge: John A. Kronstadt Magistrate Judge: Patricia Donahue 22 v. 23

PIH HEALTH, INC., STIPULATED PROTECTIVE

24 Defendant.

ORDER1

25 26

27 1 This Stipulated Protective Order is substantially based on the model protective 28 order provided under Magistrate Judge Patricia Donahue’s Procedures. 4863-5925-7681.1 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 2 of 21 Page ID #:1198

1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be 5 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter 6 the following Stipulated Protective Order. The parties acknowledge that this Order 7 does not confer blanket protections on all disclosures or responses to discovery and 8 that the protection it affords from public disclosure and use extends only to the 9 limited information or items that are entitled to confidential treatment under the 10 applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, and other valuable research, 13 personal identifiable information (PII), personal health information (PHI), 14 development, commercial, financial, technical and/or proprietary information for 15 which special protection from public disclosure and from use for any purpose other 16 than prosecution of this action is warranted. Such confidential and proprietary 17 materials and information may consist of, among other things, personal identifiable 18 information (PII), personal health information (PHI), information representing 19 internet security protocols, network security protocols, hardware and software 20 systems used in the design and implementation of the cyber security system, 21 intrusion detection software, policies and procedures relating to cyber security, 22 specifications, or schematics that define or otherwise describe in detail the structure 23 of software or hardware, confidential business or financial information, information 24 regarding confidential business practices, or other confidential research, 25 development, or commercial information (including information implicating privacy 26 rights of third parties), information otherwise generally unavailable to the public, or 27 which may be privileged or otherwise protected from disclosure under state or 28 federal statutes, court rules, case decisions, or common law. Accordingly, to expedite 4863-5925-7681.1 2 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 3 of 21 Page ID #:1199

1 the flow of information, to facilitate the prompt resolution of disputes over 2 confidentiality of discovery materials, to adequately protect information the parties 3 are entitled to keep confidential, to ensure that the parties are permitted reasonable 4 necessary uses of such material in preparation for and in the conduct of trial, to 5 address their handling at the end of the litigation, and serve the ends of justice, a 6 protective order for such information is justified in this matter. It is the intent of the 7 parties that information will not be designated as confidential for tactical reasons 8 and this Order will not be cited as a reason to not produce materials or to prevent 9 their use in the California State Court actions based upon the same data security 10 incident at issue in this case, where a similar protective order is already entered, and 11 that nothing be so designated without a good faith belief that it has been maintained 12 in a confidential, non-public manner, and there is good cause why it should not be 13 part of the public record of this case. 14 Disclosure of information representing internet security protocols, network 15 security protocols, hardware and software systems used in the design and 16 implementation of the cyber security system, intrusion detection software, policies 17 and procedures relating to cyber security, specifications, or schematics that define or 18 otherwise describe in detail the structure of software or hardware, defined below as 19 “Highly Confidential – Cyber Security" could create a substantial risk of serious 20 harm to Designating Party’s cyber security infrastructure or otherwise render the 21 Designating Party’s cyber security infrastructure vulnerable to attack and thus there 22 is good cause for keeping it out of the public record. 23 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 24 The parties further acknowledge, as set forth in Section 12.3, below, that this 25 Stipulated Protective Order does not entitle them to file confidential information 26 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 27 the standards that will be applied when a party seeks permission from the court to 28 file material under seal. 4863-5925-7681.1 3 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 4 of 21 Page ID #:1200

1 There is a strong presumption that the public has a right of access to judicial 2 proceedings and records in civil cases. In connection with non-dispositive motions, 3 good cause must be shown to support a filing under seal. See Kamakana v. City and 4 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 5 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 6 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 7 good cause showing), and a specific showing of good cause or compelling reasons 8 with proper evidentiary support and legal justification, must be made with respect to 9 Protected Material that a party seeks to file under seal. The parties’ mere designation 10 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 11 submission of competent evidence by declaration, establishing that the material 12 sought to be filed under seal qualifies as confidential, privileged, or otherwise 13 protectable—constitute good cause. 14 Further, if a party requests sealing related to a dispositive motion or trial, then 15 compelling reasons, not only good cause, for the sealing must be shown, and the 16 relief sought shall be narrowly tailored to serve the specific interest to be protected. 17 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each 18 item or type of information, document, or thing sought to be filed or introduced under 19 seal in connection with a dispositive motion or trial, the party seeking protection 20 must articulate compelling reasons, supported by specific facts and legal 21 justification, for the requested sealing order. Again, competent evidence supporting 22 the application to file documents under seal must be provided by declaration. 23 Any document that is not confidential, privileged, or otherwise protectable in 24 its entirety will not be filed under seal if the confidential portions can be redacted. If 25 documents can be redacted, then a redacted version for public viewing, omitting only 26 the confidential, privileged, or otherwise protectable portions of the document, shall 27 be filed. Any application that seeks to file documents under seal in their entirety 28 should include an explanation of why redaction is not feasible. 4863-5925-7681.1 4 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 5 of 21 Page ID #:1201

1 2. DEFINITIONS 2 2.1 Actions: Collectively, Rosario v. PIH Health, Inc., No. 2:21-cv- 3 07221-JAK-PD (C.D. Cal.); Priest v. PIH Health, Inc., No. 20STCV05355 4 (L.A.S.C.); Tristan v. PIH Health, Inc., No. 20STCV11258 (L.A.S.C.); 5 Hernandez v. PIH Health, Inc., No. 20STCV09237(L.A.S.C.); Rivera v. 6 PIH Health, Inc., No. 20STCV15877. 7 2.2 Challenging Party: a Party or Non-Party that challenges 8 the 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) or tangible things that qualify for 11 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the 12 Good Cause Statement. 13 2.4 “HIGHLY CONFIDENTIAL -Cyber Security” Information or Items: 14 means "Confidential" information representing internet security protocols, network 15 security protocols, hardware and software systems used in the design and 16 implementation of the cyber security system, intrusion detection software, policies 17 and procedures relating to cyber security, specifications, or schematics that define or 18 otherwise describe in detail the structure of software or hardware, disclosure of 19 which to another Party or Non-Party could create a substantial risk of serious harm 20 that could not be avoided by less restrictive means. 21 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 22 their support staff). 23 2.6 Designating Party: a Party or Non-Party that designates information or 24 items that it produces in disclosures or in responses to discovery as 25 “CONFIDENTIAL.” 26 2.7 Disclosure or Discovery Material: all items or information, regardless 27 of the medium or manner in which it is generated, stored, or maintained (including, 28 among other things, testimony, transcripts, and tangible things), that are produced or 4863-5925-7681.1 5 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 6 of 21 Page ID #:1202

1 generated in disclosures or responses to discovery in this matter. 2 2.8 Expert: a person with specialized knowledge or experience in a matter 3 pertinent to the litigation who has been retained by a Party or its counsel to serve as 4 an expert witness or as a consultant in any of these Actions. 5 2.9 House Counsel: attorneys who are employees of a party to any of these 6 Actions. House Counsel does not include Outside Counsel of Record or any other 7 outside counsel. 8 2.10 Non-Party: any natural person, partnership, corporation, association, or 9 other legal entity not named as a Party to any of these Actions. 10 2.11 Outside Counsel of Record: attorneys who are not employees of a party 11 to any of these Actions, but are retained to represent or advise a party to any of these 12 Actions, and have appeared in any of these Actions on behalf of that party or are 13 affiliated with a law firm which has appeared on behalf of that party, and includes 14 support staff. 15 2.12 Party: any party to one or more of the Actions, including all of its 16 officers, directors, employees, consultants, retained experts, and Outside Counsel of 17 Record (and their support staffs). 18 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 19 Discovery Material in any of these Actions. 20 2.14 Professional Vendors: persons or entities that provide litigation 21 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 and their employees and subcontractors. 24 2.15 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-Cyber 26 Security.” 27 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 28 from a Producing Party. 4863-5925-7681.1 6 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 7 of 21 Page ID #:1203

1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or 4 extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. 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 4. DURATION 10 FINAL DISPOSITION of the Actions is defined as the conclusion of any 11 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 12 has run. Except as set forth below, the terms of this protective order apply through 13 FINAL DISPOSITION of all Actions. The parties may stipulate that the they will 14 be contractually bound by the terms of this agreement beyond FINAL 15 DISPOSITION, but will have to file a separate action for enforcement of the 16 agreement once all proceedings in this case are complete. 17 Once a case proceeds to trial, information that was designated as 18 CONFIDENTIAL, “HIGHLY CONFIDENTIAL -Cyber Security,” or maintained 19 pursuant to this protective order used or introduced as an exhibit at trial becomes 20 public and will be presumptively available to all members of the public, including 21 the press, unless compelling reasons supported by specific factual findings to proceed 22 otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 23 F.3d at 1180-81 (distinguishing “good cause” showing for sealing documents 24 produced in discovery from “compelling reasons” standard when merits-related 25 documents are part of court record). Accordingly, for such materials, the terms of 26 this protective order do not extend beyond the commencement of the trial. 27

28 4863-5925-7681.1 7 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 8 of 21 Page ID #:1204

1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection under 4 this Order must take care to limit any such designation to specific material that 5 qualifies under the appropriate standards. The Designating Party must designate for 6 protection only those parts of material, documents, items, or oral or written 7 communications that qualify so that other portions of the material, documents, items, 8 or communications for which protection is not warranted are not swept unjustifiably 9 within the ambit of this Order. 10 Mass, indiscriminate, or routinized designations are prohibited. Designations 11 that are shown to be clearly unjustified or that have been made for an improper 12 purpose (e.g., to unnecessarily encumber the case development process or to impose 13 unnecessary expenses and burdens on other parties) may expose the Designating 14 Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party must 17 promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 5.2 Manner and Timing of Designations. Except as otherwise provided in 19 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 20 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 21 under this Order must be clearly so designated before the material is disclosed or 22 produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic 25 documents, but excluding transcripts of depositions or other pretrial or trial 26 proceedings), that the Producing Party affix at a minimum, the legend 27 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -Cyber Security” (hereinafter 28 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 4863-5925-7681.1 8 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 9 of 21 Page ID #:1205

1 portion or portions of the material on a page qualifies for protection, the Producing 2 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 3 markings in the margins). 4 A Party or Non-Party that makes original documents available for inspection 5 need not designate them for protection until after the inspecting Party has indicated 6 which documents it would like copied and produced. During the inspection and 7 before the designation, all of the material made available for inspection shall be 8 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 9 documents it wants copied and produced, the Producing Party must determine which 10 documents, or portions thereof, qualify for protection under this Order. Then, before 11 producing the specified documents, the Producing Party must affix the 12 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 13 portion or portions of the material on a page qualifies for protection, the Producing 14 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 15 markings in the margins). 16 (b) For Testimony given in depositions the Designating Party may either: 17 i. identify on the record, before the close of the deposition, all 18 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Cyber Security” Testimony, 19 by specifying all portions of the Testimony that qualify as “CONFIDENTIAL” or 20 “HIGHLY CONFIDENTIAL – Cyber Security”; or 21 ii. preliminarily designate the entirety of the Testimony at the deposition 22 as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL – Cyber Security" (before 23 the deposition is concluded) with the obligation to identify more specific portions of 24 the Testimony as to which protection is sought within 30 days following receipt of 25 the official deposition transcript. In circumstances where portions of the deposition 26 Testimony are designated for protection, the transcript pages containing 27 "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL – Cyber Security" Information 28 may be separately bound by the court reporter, who must affix to the top of each page 4863-5925-7681.1 9 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 10 of 21 Page ID #:1206

1 the legend "CONFIDENTIAL," as instructed by the Designating Party. 2 (c) for information produced in some form other than documentary and for 3 any other tangible items, that the Producing Party affix in a prominent place on the 4 exterior of the container or containers in which the information is stored the legend 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – Cyber Security.” If only a 6 portion or portions of the information warrants protection, the Producing Party, to the 7 extent practicable, shall identify the protected portion(s). 8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 9 failure to designate qualified information or items does not, standing alone, waive 10 the Designating Party’s right to secure protection under this Order for such material. 11 Upon timely correction of a designation, the Receiving Party must make reasonable 12 efforts to assure that the material is treated in accordance with the provisions of this 13 Order. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 16 designation of confidentiality at any time that is consistent with the Court’s 17 Scheduling Order. 18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 19 resolution process under Local Rule 37.1 et seq. 20 6.3 The burden of persuasion in any such challenge proceeding shall be on 21 the Designating Party. Frivolous challenges, and those made for an improper purpose 22 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 23 expose the Challenging Party to sanctions. Unless the Designating Party has waived 24 or withdrawn the confidentiality designation, all parties shall continue to afford the 25 material in question the level of protection to which it is entitled under the Producing 26 Party’s designation until the Court rules on the challenge. 27 28 4863-5925-7681.1 10 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 11 of 21 Page ID #:1207

1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with these 4 Actions only for prosecuting, defending, or attempting to settle these Actions. Such 5 Protected Material may be disclosed only to the categories of persons and under the 6 conditions described in this Order. When the Actions all have been terminated, a 7 Receiving Party must comply with the provisions of section 13 below (FINAL 8 DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 13 otherwise ordered by the court or permitted in writing by the Designating Party, a 14 Receiving Party may disclose any information or item designated 15 “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in these Actions, as 17 well as employees of said Outside Counsel of Record to whom it is reasonably 18 necessary to disclose the information for these Actions; 19 (b) the officers, directors, and employees (including House Counsel) of the 20 Receiving Party to whom disclosure is reasonably necessary for these Actions; 21 (c) Experts (as defined in this Order) of the Receiving Party to whom 22 disclosure is reasonably necessary for these Actions and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (d) the court and its personnel; 25 (e) court reporters and their staff; 26 (f) professional jury or trial consultants, mock jurors, and Professional 27 Vendors to whom disclosure is reasonably necessary for these Actions and who have 28 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4863-5925-7681.1 11 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 12 of 21 Page ID #:1208

1 (g) the author or recipient of a document containing the information or a 2 custodian or other person who otherwise possessed or knew the information; 3 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 4 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 5 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 6 not be permitted to keep any confidential information unless they sign the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 8 agreed by the Designating Party or ordered by the court. Pages of transcribed 9 deposition testimony or exhibits to depositions that reveal Protected Material may 10 be separately bound by the court reporter and may not be disclosed to anyone except 11 as permitted under this Stipulated Protective Order; and 12 7.3 (i) any mediator or settlement officer, and their supporting 13 personnel, mutually agreed upon by any of the parties engaged in settlement 14 discussions. Disclosure of “HIGHLY CONFIDENTIAL – Cyber Security” 15 Information or Items. Unless otherwise ordered by the court or permitted in writing 16 by the Designating Party, a Receiving Party may disclose any information or item 17 designated “CONFIDENTIAL” only to: 18 a. the Court; 19 b. (1) Attorneys of record in these Actions and their affiliated 20 attorneys, paralegals, clerical and secretarial staff employed by such attorneys who 21 are actively involved in these Actions and are not employees of any Party. (2) In- 22 house counsel to the undersigned Parties and the paralegal, clerical and secretarial 23 staff employed by such counsel. Provided, however, that each non-lawyer given 24 access to Confidential Materials shall be advised that such Materials are being 25 Disclosed pursuant to, and are subject to, the terms of this Stipulation and Protective 26 Order and that they may not be Disclosed other than pursuant to its terms; 27 28 4863-5925-7681.1 12 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 13 of 21 Page ID #:1209

1 c. those Individuals, officers, directors, partners, members, 2 employees, insurers and agents of all non-designating Parties that counsel for such 3 Parties deems necessary to aid counsel in the prosecution and defense of this 4 Proceeding; provided, however, that prior to the Disclosure of Confidential 5 Materials to any such officer, director, partner, member, employee, insurer or agent, 6 counsel for the Party making the Disclosure shall deliver a copy of this Stipulation 7 and Protective Order to such person, shall explain that such person is bound to 8 follow the terms of such Order, and shall secure the signature of such person on a 9 statement in the form attached hereto as Exhibit A; 10 d. court reporters in these Actions (whether at depositions, 11 hearings, or any other proceeding); 12 e. any deposition, trial or hearing witness in these Actions who 13 previously has had access to the Highly Confidential - Cyber Security Materials, or 14 who is currently or was previously an officer, director, partner, member, employee 15 or agent of an entity who had access to the Confidential Materials; 16 f. any deposition or non-trial hearing witness in the Proceeding 17 who previously did not have access to the Highly Confidential- Cyber Security 18 Materials; provided, however, that prior to the Disclosure of Confidential Materials 19 to any such witness, counsel for the Party making the Disclosure shall deliver a copy 20 of this Stipulation and Protective Order to such person, shall explain that such 21 person is bound to follow the terms of such Order, and shall secure the signature of 22 such person on a statement in the form attached hereto as Exhibit A; 23 g. outside experts or expert consultants consulted by the 24 undersigned Parties or their counsel in connection with the Proceeding, whether or 25 not retained to testify at any oral hearing; provided, however, that prior to the 26 Disclosure of High Confidential - Cyber Security Materials to any such expert or 27 expert consultant, counsel for the Party making the Disclosure shall deliver a copy 28 4863-5925-7681.1 13 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 14 of 21 Page ID #:1210

1 of this Stipulation and Protective Order to such person, shall explain its terms to 2 such person, and shall secure the signature of such person on a statement in the form 3 attached hereto as Exhibit A It shall be the obligation of counsel, upon learning of 4 any breach or threatened breach of this Stipulation and Protective Order by any such 5 expert or expert consultant, to promptly notify counsel for the Designating Party of 6 such breach or threatened breach; and 7 h. any other person that the Designating Party agrees to in writing. 8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 9 IN OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation 11 that compels disclosure of any information or items designated in this Action as 12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - Cyber Security” that Party 13 must: 14 (a) promptly notify in writing the Designating Party. Such notification shall 15 include a copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or order 17 to issue in the other litigation that some or all of the material covered by the subpoena 18 or order is subject to this Protective Order. Such notification shall include a copy of 19 this Stipulated Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be pursued 21 by the Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served 23 with the subpoena or court order shall not produce any information designated in this 24 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - Cyber Security” 25 before a determination by the court from which the subpoena or order issued, unless 26 the Party has obtained the Designating Party’s permission. The Designating Party 27 shall bear the burden and expense of seeking protection in that court of its 28 4863-5925-7681.1 14 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 15 of 21 Page ID #:1211

1 confidential material and nothing in these provisions should be construed as 2 authorizing or encouraging a Receiving Party in these Actions to disobey a lawful 3 directive from another court. 4 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT 5 TO BE PRODUCED IN THIS LITIGATION 6 (a) The terms of this Order are applicable to information produced by a 7 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 8 CONFIDENTIAL - Cyber Security.” Such information produced by Non-Parties in 9 connection with this litigation is protected by the remedies and relief provided by 10 this Order. Nothing in these provisions should be construed as prohibiting a Non- 11 Party from seeking additional protections. 12 (b) In the event that a Party is required, by a valid discovery request, to 13 produce a Non-Party’s confidential information in its possession, and the Party is 14 subject to an agreement with the Non-Party not to produce the Non-Party’s 15 confidential information, then the Party shall: 16 (1) Promptly, within 10 days, notify in writing the Requesting Party 17 and the Non-Party that some or all of the information requested is subject to a 18 confidentiality agreement with a Non-Party; 19 (2) promptly, within 10 days, provide the Non-Party with a copy of the 20 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 21 reasonably specific description of the information requested; and 22 (3) make the information requested available for inspection by the 23 Non-Party, if requested. 24 (c) If the Non-Party fails to seek a protective order from this court within 25 14 days of receiving the notice and accompanying information, the Receiving Party 26 may produce the Non-Party’s confidential information responsive to the discovery 27 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 28 4863-5925-7681.1 15 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 16 of 21 Page ID #:1212

1 not produce any information in its possession or control that is subject to the 2 confidentiality agreement with the Non-Party before a determination by the court. 3 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 4 of seeking protection in this court of its Protected Material. 5 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 6 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 7 Protected Material to any person or in any circumstance not authorized under this 8 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 9 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 10 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 11 persons to whom unauthorized disclosures were made of all the terms of this Order, 12 and (d) request such person or persons to execute the “Acknowledgment and 13 Agreement to Be Bound” that is attached hereto as Exhibit A. 14 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 15

PROTECTED MATERIAL

16 When a Producing Party gives notice to Receiving Parties that certain 17 inadvertently produced material is subject to a claim of privilege or other protection, 18 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 19 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 20 may be established in an e-discovery order that provides for production without prior 21 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 22 parties reach an agreement on the effect of disclosure of a communication or 23 information covered by the attorney-client privilege or work product protection, the 24 parties may incorporate their agreement in the stipulated protective order submitted 25 to the court. 26

27 28 4863-5925-7681.1 16 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 17 of 21 Page ID #:1213

1 The inadvertent production by any of the undersigned Parties or non-Parties 2 to the Action of any Document, Testimony or Information during discovery in this 3 Action without a "Confidential" or "Highly Confidential - Cyber Security" 4 designation, shall be without prejudice to any claim that such item is "Confidential" 5 or "Highly Confidential - Cyber Security" and such Party shall not be held to have 6 waived any rights by such inadvertent production. In the event that any Document, 7 Testimony or Information that is subject to a "Confidential" or "Highly Confidential 8 - Cyber Security" designation is inadvertently produced without such designation, 9 the Party that inadvertently produced the document shall give written notice of such 10 inadvertent production within twenty (20) days of discovery of the inadvertent 11 production, together with a further copy of the subject Document, Testimony or 12 Information designated as "Confidential" or "Highly Confidential - Cyber Security" 13 (the "Inadvertent Production Notice"). Upon receipt of such Inadvertent Production 14 Notice, the Party that received the inadvertently produced Document, Testimony or 15 Information shall promptly destroy the inadvertently produced Document, 16 Testimony or Information and all copies thereof, or, at the expense of the producing 17 Party, return such together with all copies of such Document, Testimony or 18 Information to counsel for the producing Party and shall retain only the 19 "Confidential" or "Highly Confidential - Cyber Security" designated Materials. 20 Should the receiving Party choose to destroy such inadvertently produced Document, 21 Testimony or Information, the receiving Party shall notify the producing Party in 22 writing of such destruction within twenty (20) days of receipt of written notice of the 23 inadvertent production. This provision is not intended to apply to any inadvertent 24 production of any Information protected by attorney-client or work product 25 privileges. In the event that this provision conflicts with any applicable law regarding 26 waiver of confidentiality through the inadvertent production of Documents, 27 Testimony or Information, such law shall govern. 28 4863-5925-7681.1 17 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 18 of 21 Page ID #:1214

1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 3 person to seek its modification by the Court in the future. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in this 7 Stipulated Protective Order. Similarly, no Party waives any right to object on any 8 ground to use in evidence of any of the material covered by this Protective Order. 9 12.3 Filing Protected Material. A Party that seeks to file under seal any 10 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 11 only be filed under seal pursuant to a court order authorizing the sealing of the 12 specific Protected Material at issue. If a Party's request to file Protected Material 13 under seal is denied by the court, then the Receiving Party may file the information 14 in the public record unless otherwise instructed by the court. 15 13. FINAL DISPOSITION 16 After the final disposition of this Action, as defined in paragraph 4, within 60 17 days of a written request by the Designating Party, each Receiving Party must return 18 all Protected Material to the Producing Party or destroy such material. As used in 19 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 20 summaries, and any other format reproducing or capturing any of the Protected 21 Material. Whether the Protected Material is returned or destroyed, the Receiving 22 Party must submit a written certification to the Producing Party (and, if not the same 23 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 24 (by category, where appropriate) all the Protected Material that was returned or 25 destroyed and (2)affirms that the Receiving Party has not retained any copies, 26 abstracts, compilations, summaries or any other format reproducing or capturing any 27 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 28 4863-5925-7681.1 18 Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 19 of 21 Page ID #:1215

1 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 2 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 3 reports, attorney work product, and consultant and expert work product, even if such 4 materials contain Protected Material. Any such archival copies that contain or 5 constitute Protected Material remain subject to this Protective Order as set forth in 6 Section 4 (DURATION). 7 14. Any violation of this Order may be punished by any and all appropriate 8 measures including, without limitation, contempt proceedings and/or monetary 9 sanctions. 10 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 11 12 DATED: 2/15/2023 13 /s/ William Federman_______________________________

14 WILLIAM B. FEDERMAN

FEDERMAN & SHERWOOD

15 Attorneys for Plaintiff Aurora Rosario 16

17

DATED: 2/15/2023

18 /s/ Jeff Westerman 19 20 JEFF S. WESTERMAN

WESTERMAN LAW CORP.

21 Attorneys for the Proposed-Intervenor Ferdinand Rivera 22 23 DATED: 2/15/2023 24 /s/ Bryan Leifer__________________________

25 LEWIS BRISBOIS BISGAARD & SMITH LLP

JON P. KARDASSAKIS

26 BRYAN M. LEIFER

ELEONORA ANTONYAN

27 Attorneys for Defendant PIH Health, Inc. 28 4863-5925-7681.1 19 Case #:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 20 of 21 Page ID #:1216

1 || FOR GOOD CAUSE SHOWN, IT IS ORDERED. 3 || DATED: February 16, 2023 5 aticora Donahue 6 Patricia Donahue United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4863-5925-7681.1 20

Case 2:21-cv-07221-JAK-PD Document 54 Filed 02/16/23 Page 21 of 21 Page ID #:1217

1 EXHIBIT A

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 California 7 on [date] in the case of __________ [insert formal name of the case and the 8 number and initials assigned to it by the court]. 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 11 punishment in the nature of contempt. I solemnly promise that I will not disclose 12 in any manner any information or item that is subject to this Stipulated Protective 13 Order to any person or entity except in strict compliance with the provisions of this 14 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 or 19 type full name] of _________ [print or type full address and telephone number] as 20 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 Date: __________________________ 24 City and State where sworn and signed: _____________________________ 25

26 Printed name: ____________________________________ 27

28 Signature: ________________________________ 4863-5925-7681.1 21