1 LYNCH CARPENTER, LLP Todd D. Carpenter (CA Bar No. 234464) 2 todd@lcllp.com (Eddie) Jae K. Kim (CA Bar No. 236805) 3 ekim@lcllp.com James Drimmer (CA Bar No. 196890) 4 jim@lcllp.com Tiffine E. Malamphy (CA Bar No. 312239) 5 tiffine@lcllp.com 1234 Camino del Mar 6 Del Mar, California 92014 Telephone: (619) 762-1910 7 Facsimile: (619) 756-6991 8 Attorneys for Plaintiff and the Proposed Class 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 ANDREA DURKEE, individually on behalf Case No.: 2:23-cv-2537-FMO-KS of herself and all others similarly situated, 13 STIPULATED PROTECTIVE ORDER Plaintiffs, AND [PROPOSED] ORDER 14 v. 15 Complaint Filed: April 4, 2023 FCTI, INC., and DOES 1-10, inclusive, Trial Date: TBD 16 Defendants. 17

18 1. A. PURPOSES AND LIMITATIONS 19 Discovery in this action is likely to involve production of confidential, proprietary, 20 or private information for which special protection from public disclosure and from use 21 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the 22 parties hereby stipulate and petition the Court to enter the following Stipulated Protective 23 Order. The parties acknowledge that this Order does not confer blanket protections on all 24 disclosures or responses to discovery and that the protection it affords from public 25 disclosure and use extends only to the limited information or items that are entitled to 26 confidential treatment under the applicable legal principles. The parties further 27 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order 1 sets forth the procedures that must be followed and the standards that will be applied 2 when a party seeks permission from the court to file material under seal. 3 4 B. GOOD CAUSE STATEMENT 5 This action is likely to involve trade secrets, customer lists, and other valuable 6 research, development, commercial, financial, technical and/or proprietary information 7 concerning ATMs, ATM Networks, ATM software developers, financial institutions, and 8 independent ATM operators for which special protection from public disclosure and from 9 use for any purpose other than prosecution of this action is warranted. Such confidential 10 and proprietary materials and information consist of, among other things, confidential 11 business or financial information, information regarding confidential business practices, 12 or other confidential research, development, or commercial information (including 13 information implicating privacy rights of third parties), information otherwise generally 14 unavailable to the public, or which may be privileged or otherwise protected from 15 disclosure under state or federal statutes, court rules, case decisions, or common law. 16 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 17 disputes over confidentiality of discovery materials, to adequately protect information the 18 parties are entitled to keep confidential, to ensure that the parties are permitted reasonable 19 necessary uses of such material in preparation for and in the conduct of trial, to address 20 their handling at the end of the litigation, and serve the ends of justice, a protective order 21 for such information is justified in this matter. It is the intent of the parties that 22 information will not be designated as confidential for tactical reasons and that nothing be 23 so designated without a good faith belief that it has been maintained in a confidential, 24 non-public manner, and there is good cause why it should not be part of the public record 25 of this case. 26 27 2. DEFINITIONS 1 2.1 Action: this pending federal lawsuit – Durkee v. FCTI, Inc., No. 2:23-cv- 2 2537-FMO-KS. 3 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 4 information or items under this Order. 5 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 6 it is generated, stored or maintained) or tangible things that qualify for protection under 7 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 8 Statement. 9 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 10 support staff). 11 2.5 Designating Party: a Party or Non-Party that designates information or items 12 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 13 2.6 Disclosure or Discovery Material: all items or information, regardless of the 14 medium or manner in which it is generated, stored, or maintained (including, among other 15 things, testimony, transcripts, and tangible things), that are produced or generated in 16 disclosures or responses to discovery in this matter. 17 2.7 Expert: a person with specialized knowledge or experience in a matter 18 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 19 expert witness or as a consultant in this Action. 20 2.8 House Counsel: attorneys who are employees of a party to this Action. 21 House Counsel does not include Outside Counsel of Record or any other outside counsel. 22 2.9 Non-Party: any natural person, partnership, corporation, association, or 23 other legal entity not named as a Party to this action. 24 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 25 this Action but are retained to represent or advise a party to this Action and have appeared 26 in this Action on behalf of that party or are affiliated with a law firm which has appeared 27 on behalf of that party and includes support staff. 1 2.11 Party: any party to this Action, including all of its officers, directors, 2 employees, consultants, retained experts, Outside Counsel of Record, and support staff. 3 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 4 Discovery Material in this Action. 5 2.13 Professional Vendors: persons or entities that provide litigation support 6 services (e.g., photocopying, videotaping, translating, preparing exhibits or 7 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 8 their employees and subcontractors. 9 2.14 Protected Material: any Disclosure or Discovery Material that is designated 10 as “CONFIDENTIAL.” 11 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from 12 a Producing Party. 13 14 3. SCOPE 15 The protections conferred by this Stipulation and Order cover not only Protected 16 Material (as defined above), but also (1) any information copied or extracted from 17 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 18 Material; and (3) any testimony, conversations, or presentations by Parties or their 19 Counsel that might reveal Protected Material. 20 Any use of Protected Material at trial shall be governed by the orders of the trial 21 judge. This Order does not govern the use of Protected Material at trial. 22 23 4. DURATION 24 Once a case proceeds to trial, information that was designated as confidential, or 25 maintained pursuant to this protective order, and admitted into evidence is subject to 26 becoming public and will be presumptively available to all members of the public, 27 including the press, unless compelling reasons supported by specific factual findings to 1 City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing 2 “good cause” showing for sealing documents produced in discovery from “compelling 3 reasons” standard when merits-related documents are part of court record). Accordingly, 4 the terms of this protective order do not extend beyond the commencement of the trial. 5 6 5. DESIGNATING PROTECTED MATERIAL 7 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 8 Party or Non-Party that designates information or items for protection under this Order 9 must take care to limit any such designation to specific material that qualifies under the 10 appropriate standards. The Designating Party must designate for protection only those 11 parts of material, documents, items, or oral or written communications that qualify so that 12 other portions of the material, documents, items, or communications for which protection 13 is not warranted are not swept unjustifiably within the ambit of this Order. 14 Mass, indiscriminate, or routinized designations are prohibited. Designations that 15 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 16 to unnecessarily encumber the case development process or to impose unnecessary 17 expenses and burdens on other parties) may expose the Designating Party to sanctions. 18 If it comes to a Designating Party’s attention that information or items that it 19 designated for protection do not qualify for protection, that Designating Party must 20 promptly notify all other Parties that it is withdrawing the inapplicable designation. 21 5.2 Manner and Timing of Designations. Except as otherwise provided in this 22 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 23 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 24 must be clearly so designated when the material is disclosed or produced. 25 Designation in conformity with this Order requires: 26 (a) for information in documentary form (e.g., paper or electronic documents, 27 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 1 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 2 portion or portions of the material on a page qualifies for protection, the Producing Party 3 also must clearly identify the protected portion(s) (e.g., by making appropriate markings 4 in the margins). 5 A Party or Non-Party that makes original documents available for inspection 6 need not designate them for protection until after the inspecting Party has indicated which 7 documents it would like copied and produced. During the inspection and before the 8 designation, all of the material made available for inspection shall be deemed 9 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 10 copied and produced, the Producing Party must determine which documents, or portions 11 thereof, qualify for protection under this Order. Then, before producing the specified 12 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 13 that contains Protected Material. If only a portion or portions of the material on a page 14 qualifies for protection, the Producing Party also must clearly identify the protected 15 portion(s) (e.g., by making appropriate markings in the margins). 16 (b) for testimony given in depositions that the Designating Party identify the 17 Disclosure or Discovery Material on the record, before the close of the deposition all 18 protected testimony. 19 (c) for information produced in some form other than documentary and for any 20 other tangible items, that the Producing Party affix in a prominent place on the exterior 21 of the container or containers in which the information is stored the legend 22 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 23 the Producing Party, to the extent practicable, shall identify the protected portion(s). 24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 25 to designate qualified information or items does not, standing alone, waive the 26 Designating Party’s right to secure protection under this Order for such material. Upon 27 timely correction of a designation, the Receiving Party must make reasonable efforts to 1 2 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 3 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 4 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 6 process under Local Rule 37.1 et seq. 7 6.3 The burden of persuasion in any such designation-challenge proceeding shall 8 be on the Designating Party. Frivolous challenges, and those made for an improper 9 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) 10 may expose the Challenging Party to sanctions. Unless the Designating Party has waived 11 or withdrawn the confidentiality designation, all parties shall continue to afford the 12 material in question the level of protection to which it is entitled under the Producing 13 Party’s designation until the Court rules on the challenge. 14 15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 16 7.1 Basic Principles. A Receiving Party may use Protected Material that is 17 disclosed or produced by another Party or by a Non-Party in connection with this Action 18 only for prosecuting, defending, or attempting to settle this Action. Such Protected 19 Material may be disclosed only to the categories of persons and under the conditions 20 described in this Order. When the Action has been terminated, a Receiving Party must 21 comply with the provisions of section 13 below (FINAL DISPOSITION). 22 Protected Material must be stored and maintained by a Receiving Party at a 23 location and in a secure manner that ensures that access is limited to the persons 24 authorized under this Order. 25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 26 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 27 may disclose any information or item designated “CONFIDENTIAL” only to: 1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 2 employees of said Outside Counsel of Record to whom it is reasonably necessary to 3 disclose the information for this Action; 4 (b) the officers, directors, and employees (including House Counsel) of the 5 Receiving Party to whom disclosure is reasonably necessary for this Action; 6 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 7 reasonably necessary for this Action and who have signed the “Acknowledgment and 8 Agreement to Be Bound” (Exhibit A); 9 (d) the court and its personnel; 10 (e) court reporters and their staff; 11 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to 12 whom disclosure is reasonably necessary for this Action and who have signed the 13 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (g) the author or recipient of a document containing the information or a custodian 15 or other person who otherwise possessed or knew the information; 16 (h) during their depositions, witnesses ,and attorneys for witnesses, in the Action 17 to whom disclosure is reasonably necessary provided: (1) the deposing party requests that 18 the witness sign the form attached as Exhibit 1 hereto; and (2) they will not be permitted 19 to keep any confidential information unless they sign the “Acknowledgment and 20 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party 21 or ordered by the court. Pages of transcribed deposition testimony or exhibits to 22 depositions that reveal Protected Material may be separately bound by the court reporter 23 and may not be disclosed to anyone except as permitted under this Stipulated Protective 24 Order; and 25 (i) any mediator or settlement officer, and their supporting personnel, mutually 26 agreed upon by any of the parties engaged in settlement discussions. 27 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation that 4 compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification shall include 7 a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order to issue 9 in the other litigation that some or all of the material covered by the subpoena or order is 10 subject to this Protective Order. Such notification shall include a copy of this Stipulated 11 Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 13 Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with the 15 subpoena or court order shall not produce any information designated in this action as 16 “CONFIDENTIAL” before a determination by the court from which the subpoena or 17 order issued, unless the Party has obtained the Designating Party’s permission. The 18 Designating Party shall bear the burden and expense of seeking protection in that court 19 of its confidential material and nothing in these provisions should be construed as 20 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 21 from another court. 22 23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 24 IN THIS LITIGATION 25 (a) The terms of this Order are applicable to information produced by a Non-Party 26 in this Action and designated as “CONFIDENTIAL.” Such information produced by 27 Non-Parties in connection with this litigation is protected by the remedies and relief 1 provided by this Order. Nothing in these provisions should be construed as prohibiting a 2 Non-Party from seeking additional protections. 3 (b) In the event that a Party is required, by a valid discovery request, to produce a 4 Non-Party’s confidential information in its possession, and the Party is subject to an 5 agreement with the Non-Party not to produce the Non-Party’s confidential information, 6 then the Party shall: 7 (1) promptly notify in writing the Requesting Party and the Non-Party that some 8 or all of the information requested is subject to a confidentiality agreement with a Non- 9 Party; 10 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 11 Order in this Action, the relevant discovery request(s), and a reasonably specific 12 description of the information requested; and 13 (3) make the information requested available for inspection by the Non-Party, 14 if requested. 15 (c) If the Non-Party fails to seek a protective order from this court within 14 days 16 of receiving the notice and accompanying information, the Receiving Party may produce 17 the Non-Party’s confidential information responsive to the discovery request. If the Non- 18 Party timely seeks a protective order, the Receiving Party shall not produce any 19 information in its possession or control that is subject to the confidentiality agreement 20 with the Non-Party before a determination by the court. Absent a court order to the 21 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 22 court of its Protected Material. 23 24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 26 Protected Material to any person or in any circumstance not authorized under this 27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 1 all unauthorized copies of the Protected Material, (c) inform the person or persons to 2 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 3 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 4 that is attached hereto as Exhibit A. 5 6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 7 PROTECTED MATERIAL 8 When a Producing Party gives notice to Receiving Parties that certain inadvertently 9 produced material is subject to a claim of privilege or other protection, the obligations of 10 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 11 This provision is not intended to modify whatever procedure may be established in an e- 12 discovery order that provides for production without prior privilege review. Pursuant to 13 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the 14 effect of disclosure of a communication or information covered by the attorney-client 15 privilege or work product protection, the parties may incorporate their agreement in the 16 stipulated protective order submitted to the court. 17 18 12. MISCELLANEOUS 19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 20 person to seek its modification by the Court in the future. 21 12.2 Right to Assert Other Objections. By stipulating to the entry of this 22 Protective Order no Party waives any right it otherwise would have to object to disclosing 23 or producing any information or item on any ground not addressed in this Stipulated 24 Protective Order. Similarly, no Party waives any right to object on any ground to use in 25 evidence of any of the material covered by this Protective Order. 26 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 27 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 1 Material at issue. If a Party's request to file Protected Material under seal is denied by the 2 court, then the Receiving Party may file the information in the public record unless 3 otherwise instructed by the court. 4 5 13. FINAL DISPOSITION 6 After the final disposition of this Action, as defined in paragraph 4, within 60 days 7 of a written request by the Designating Party, each Receiving Party must return all 8 Protected Material to the Producing Party or destroy such material. As used in this 9 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 10 summaries, and any other format reproducing or capturing any of the Protected Material. 11 Whether the Protected Material is returned or destroyed, the Receiving Party must submit 12 a written certification to the Producing Party (and, if not the same person or entity, to the 13 Designating Party) by the 60 day deadline that (1) identifies (by category, where 14 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that 15 the Receiving Party has not retained any copies, abstracts, compilations, summaries or 16 any other format reproducing or capturing any of the Protected Material. Notwithstanding 17 this provision, Counsel are entitled to retain an archival copy of all pleadings, motion 18 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 19 deposition and trial exhibits, expert reports, attorney work product, and consultant and 20 expert work product, even if such materials contain Protected Material. Any such archival 21 copies that contain or constitute Protected Material remain subject to this Protective Order 22 as set forth in Section 4 (DURATION). 23 24 14. Any violation of this Order may be punished by any and all appropriate measures 25 including, without limitation, contempt proceedings and/or monetary sanctions. 26 27 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 1 || Dated: September 7, 2023 LYNCH CARPENTER, LLP 2 By: _/s/ Todd D. Carpenter Todd D. Carpenter (CA Bar No. 234464) 3 todd@lcllp.com (Eddic) Jae K. Kim (CA Bar No. 236805) 4 ekim@lcllp.com James Drimmer (CA Bar No. 196890) 5 Jim@lcllp-com Piffine E. Malamphy (CA Bar No. 312239) 6 tiffine@Iclip.com 1234 Camino del Mar 7 Del Mar, California 92014 Telephone: (619) 762-1900 8 Facsimile: (619) 756-6991 9 Attorneys for Plainti 10 and no Bf ovscl Chis 11 | Dated: September 7, 2023 GORDON REES

SCULLY MANSUKHANI LLP

12 By: _/s/ Richard R. Spirra 13 Richard R. Spirra 101 W. Broadway, Suite 2000 14 San Diego, CA Tel.: (619) 230-7776 15 rspirra@grsm.com 16 Attornevs tor defendant FCTI. Inc. 17 18 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

19 50 DATED: September 7, 2023

21 TS in Rens 22

HON. KAREN L. STEVENSON

23! Chief U.S. Magistrate Judge 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of _________________ 5 [print or type full address], declare under penalty of perjury that I have read in its entirety 6 and understand the Stipulated Protective Order that was issued by the United States 7 District Court for the Central District of California on [date] in the case of ___________ 8 [insert formal name of the case and the number and initials assigned to it by the court]. I 9 agree to comply with and to be bound by all the terms of this Stipulated Protective Order 10 and I understand and acknowledge that failure to so comply could expose me to sanctions 11 and punishment in the nature of contempt. I solemnly promise that I will not disclose in 12 any manner any information or item that is subject to this Stipulated Protective Order to 13 any person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 Central District of California for the purpose of enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of this 17 action. I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and telephone 19 number] as my California agent for service of process in connection with this action or 20 any proceedings related to enforcement of this Stipulated Protective Order. 21 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 25 Printed name: _______________________________ 26 Signature: __________________________________ 27