1 KKaatteessssaa .MCh. aCrhleasr@lesja (cSkBsoNn l1e4w6i9s2.c2o)m 2 Ikedi O. Onyemaobim (SBN 311221) Ikedi.Onyemaobim@jacksonlewis.com 3 JACKSON LEWIS P.C. 725 South Figueroa Street, Suite 2500 4 Los Angeles, California 90017-5408 Telephone: (213) 689-0404 5 Facsimile: (213) 689-0430

6 Attorneys for Defendant

PANORAMA EDUCATION, INC.

7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 PETER ALCAN, an individual, CASE NO.: 2:23-cv-10501-JFW-JPR

12 Plaintiff,

STIPULATED PROTECTIVE ORDER

13 vs.

14 PANORAMA EDUCATION. INC., and DOES 1-50, inclusive, 15 Defendants. 16 17 18 19 1. INTRODUCTION 20 1.1 PURPOSES AND LIMITATIONS 21 Discovery in this action may involve the production of confidential, proprietary, or private 22 information for which special protection from public disclosure and from use for any 23 purpose other than prosecuting this litigation may be warranted. Accordingly, the Parties 24 hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. 25 The Parties acknowledge that this Order does not confer blanket protections on all 26 disclosures or responses to discovery and that the protection it affords from public 27 disclosure and use extends only to the limited information or items that are entitled to 28 confidential treatment under the applicable legal principles. The Parties further 1 acknowledge, as set forth in Section 12.3 below, that this Order does not entitle them to 2 file Confidential Information under seal; Civil Local Rule 79-5 sets forth the procedures 3 that must be followed and the standards that will be applied when a Party seeks permission 4 from the Court to file material under seal. 5 1.2 GOOD CAUSE STATEMENT 6 This action involves, among other things, claims of wrongful termination, age 7 discrimination, failure to prevent discrimination, intentional infliction of emotional 8 distress, and negligent infliction of emotional distress. This action is likely to involve 9 sensitive, confidential, private, medical, and/or proprietary information for which special 10 protection from public disclosure and from use for any purpose other than prosecution of 11 this Action may be warranted. Such sensitive, confidential, private, medical and/or 12 proprietary information may consist of, among other things, information regarding 13 psychological examination and testing, trade secrets and research, development, 14 commercial, technical and/or proprietary information, and information otherwise generally 15 unavailable to the public, or which may be privileged or otherwise protected from 16 disclosure under state or federal statutes, court rules, case decisions, common law, or other 17 applicable rules and regulations such as the County of Los Angeles Civil Service Rules. 18 Accordingly, to expedite the flow of information, to facilitate the prompt resolution 19 of disputes over confidentiality of discovery materials, to adequately protect information 20 the parties are entitled to keep confidential, to ensure that the parties are permitted 21 reasonable necessary uses of such material in preparation for and in the conduct of trial, to 22 address their handling at the end of the litigation, and serve the ends of justice, a protective 23 order for such information is justified in this matter. It is the intent of the parties that 24 information will not be designated as confidential for tactical reasons and that nothing be 25 so designated without a good faith belief that it has been maintained in a confidential, non- 26 public manner, and there is good cause why it should not be part of the public record of 27 this case. 28 / / / 1 2. DEFINITIONS 2 2.1 Action: this pending federal lawsuit. 3 2.2 Challenging Party: a Party or Nonparty that challenges the designation of 4 information or items under this Order. 5 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it 6 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 Statement. 8 2.4 Counsel: Outside Counsel of Record and In-House Counsel (as well as their 9 support staff). 10 2.5 Designating Party: a Party or Nonparty that designates information or items 11 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 12 2.6 Disclosure or Discovery Material: all items or information, regardless of the 13 medium or manner in which it is generated, stored, or maintained (including, among other 14 things, testimony, transcripts, and tangible things), that are produced or generated in 15 disclosures or responses to discovery in this matter. 16 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent 17 to the litigation who has been retained by a Party or its counsel to serve as an expert witness 18 or as a consultant in this action. 19 2.8 In-House Counsel: attorneys who are employees of a Party to this Action. In- 20 House Counsel does not include Outside Counsel of Record or any other outside counsel. 21 2.9 Nonparty: any natural person, partnership, corporation, association, or other 22 legal entity not named as a Party to this action. 23 2.10 Outside Counsel of Record: attorneys who are not employees of a Party to 24 this Action but are retained to represent or advise a Party and have appeared in this Action 25 on behalf of that Party or are affiliated with a law firm that has appeared on behalf of that 26 Party, including support staff. 27 / / / 28 / / / 1 2.11 Party: any Party to this Action, including all of its officers, directors, 2 employees, consultants, retained experts, and Outside Counsel of Record (and their support 3 staffs). 4 2.12 Producing Party: a Party or Nonparty that produces Disclosure or Discovery 5 Material in this Action. 6 2.13 Professional Vendors: persons or entities that provide litigation support 7 services (for example, photocopying, videotaping, translating, preparing exhibits or 8 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 9 their employees and subcontractors. 10 2.14 Protected Material: any Disclosure or Discovery Material that is designated 11 as “CONFIDENTIAL.” 12 2.15 Receiving Party: a Party that receives Disclosure or Discovery 13 Material from a Producing Party. 14 3. SCOPE 15 The protections conferred by this Stipulation and Order cover not only Protected Material 16 (as defined above) but also any information copied or extracted from Protected Material; 17 all copies, excerpts, summaries, or compilations of Protected Material; and any testimony, 18 conversations, or presentations by Parties or their Counsel that might reveal Protected 19 Material. 20 Any use of Protected Material at trial will be governed by the orders of the trial 21 judge. This Order does not govern the use of Protected Material at trial. 22 4. DURATION 23 Once a case proceeds to trial, all the information that was designated as confidential or 24 maintained under this Order becomes public and will be presumptively available to all 25 members of the public, including the press, unless the trial judge finds compelling reasons 26 to proceed otherwise. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1180-81 27 (9th Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in 28 discovery from “compelling reasons” needed for merits-related documents). Accordingly, 1 the terms of this Order do not extend beyond the beginning of trial. Even after final 2 disposition of this litigation, the confidentiality obligations imposed by this Order will 3 remain in effect until a Designating Party agrees otherwise in writing or a court order 4 otherwise directs. Final disposition is the later of (1) dismissal of all claims and defenses 5 in this Action, with or without prejudice, or (2) final judgment after the completion and 6 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, including 7 the time limits for filing any motions or applications for extension of time under applicable 8 law. 9 5. DESIGNATING PROTECTED MATERIAL 10 5.1 Each Party or Nonparty that designates information or items for protection under 11 this Order must take care to limit any such designation to specific material that qualifies 12 under the appropriate standards. To the extent practicable, the Designating Party must 13 designate for protection only those parts of material, documents, items, or oral or written 14 communications that qualify so that other portions of the material, documents, items, or 15 communications for which protection is not warranted are not swept unjustifiably within 16 the ambit of this Order. 17 Indiscriminate or routinized designations are prohibited. Designations that are 18 shown to be clearly unjustified or that have been made for an improper purpose (for 19 example, to unnecessarily encumber the case-development process or to impose 20 unnecessary expenses and burdens on other parties) may expose the Designating Party to 21 sanctions. 22 If it comes to a Designating Party’s attention that information or items it designated 23 for protection do not qualify for that level of protection, that Designating Party must 24 promptly notify all other Parties that it is withdrawing the inapplicable designation. 25 5.2 Except as otherwise provided in this Order, Disclosure or Discovery Material 26 that qualifies for protection under this Order must be clearly so designated before the 27 material is disclosed or produced. 28 Designation in conformity with this Order requires the following: 1 (a) for information in documentary form (for example, paper or electronic 2 documents but excluding transcripts of depositions or other pretrial or trial proceedings), 3 the Producing Party must affix at a minimum the legend “CONFIDENTIAL” to each page 4 that contains Protected Material. If only a portion or portions of the material on a page 5 qualify for protection, the Producing Party should to the extent practicable clearly identify 6 the protected portion(s) (for example, by making appropriate markings in the margins). 7 A Party or Nonparty that makes original documents available for inspection need 8 not designate them for protection until after the inspecting Party has indicated which 9 documents it would like copied and produced. During the inspection and before the 10 designation, all material made available for inspection must be treated as 11 “CONFIDENTIAL.” After the inspecting Party has identified the documents that it wants 12 copied and produced, the Producing Party must determine which documents, or portions 13 thereof, qualify for protection under this Order. Then, before producing the specified 14 documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 15 that contains Protected Material. If only a portion or portions of the material on a page 16 qualify for protection, the Producing Party should to the extent practical clearly identify 17 the protected portion(s) (for example, by making appropriate markings in the margins). 18 (b) for testimony given in depositions, the Designating Party must identify the 19 Disclosure or Discovery Material that is protected on the record, before the close of the 20 deposition. 21 (c) for information produced in some form other than documentary and for any other 22 tangible items, the Producing Party must affix in a prominent place on the exterior of the 23 container or containers in which the information is stored the legend “CONFIDENTIAL.” 24 If only a portion or portions of the information warrant protection, the Producing Party, to 25 the extent practicable, must identify the protected portion(s). 26 5.3 If timely corrected, an inadvertent failure to designate qualified information or 27 items does not, standing alone, waive the Designating Party’s right to secure protection 28 under this Order for that material. On timely correction of a designation, the Receiving 1 Party must make reasonable efforts to assure that the material is treated in accordance with 2 the provisions of this Order. 3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 4 6.1 Any Party or Nonparty may challenge a designation of confidentiality at any 5 time consistent with the Court’s scheduling order. 6 6.2 The Challenging Party must initiate the dispute-resolution process (and, if 7 necessary, file a discovery motion) under Local Rule 37. 8 6.3 The burden of persuasion in any such proceeding is on the Designating Party. 9 Frivolous challenges, and those made for an improper purpose (for example, to harass or 10 impose unnecessary expenses and burdens on other parties), may expose the Challenging 11 Party to sanctions. Unless the Designating Party has waived or withdrawn the 12 confidentiality designation, all parties must continue to afford the material in question the 13 level of protection to which it is entitled under the Producing Party’s designation until the 14 Court rules on the challenge. 15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 16 7.1 A Receiving Party may use Protected Material that is disclosed or produced by 17 another Party or by a Nonparty in connection with this Action only for prosecuting, 18 defending, or attempting to settle this Action. Such Protected Material may be disclosed 19 only to the categories of people and under the conditions described in this Order. When the 20 Action has been terminated, a Receiving Party must comply with the provisions of Section 21 13 below (FINAL DISPOSITION). Protected Material must be stored and maintained by 22 a Receiving Party at a location and in a manner sufficiently secure to ensure that access is 23 limited to the people authorized under this Order. 24 7.2 Unless otherwise ordered by the Court or permitted in writing by the Designating 25 Party, a Receiving Party may disclose any information or item designated 26 “CONFIDENTIAL” only to the following people: 27 / / / 28 / / / 1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 2 employees of that 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 In-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; (h) during their 16 depositions, witnesses and attorneys for witnesses to whom disclosure is reasonably 17 necessary, provided that the deposing party requests that the witness sign the form attached 18 as Exhibit A hereto and the witnesses will not be permitted to keep any confidential 19 information unless they sign the form, unless otherwise agreed by the Designating Party or 20 ordered by the Court. Pages of transcribed deposition testimony or exhibits to depositions 21 that reveal Protected Material may be separately bound by the court reporter and may not 22 be disclosed to anyone except as permitted under this Order; and 23 (i) any mediator or settlement officer, and their supporting personnel, mutually 24 agreed on by any of the Parties engaged in settlement discussions or appointed by the Court. 25 / / / 26 / / / 27 / / / 28 / / / 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 must include 7 a copy of the subpoena or court order unless prohibited by law; 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 must include a copy of this Order; and 11 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 12 Designating Party whose Protected Material may be affected. 13 If the Designating Party timely seeks a protective order, the Party served with the 14 subpoena or court order should not produce any information designated in this action as 15 “CONFIDENTIAL” before a determination on the protective-order request by the relevant 16 court unless the Party has obtained the Designating Party’s permission. The Designating 17 Party bears the burden and expense of seeking protection of its Confidential Material, and 18 nothing in these provisions should be construed as authorizing or encouraging a Receiving 19 Party in this Action to disobey a lawful directive from another court. 20 9. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE 21 PRODUCED IN THIS LITIGATION 22 `(a) The terms of this Order are applicable to information produced by a Nonparty in this 23 Action and designated as “CONFIDENTIAL.” Such information is protected by the 24 remedies and relief provided by this Order. Nothing in these provisions should be construed 25 as prohibiting a Nonparty from seeking additional protections. 26 (b) In the event that a Party is required by a valid discovery request to produce a 27 Nonparty’s Confidential Information in its possession and the Party is subject to an 28 / / / 1 agreement with the Nonparty not to produce the Nonparty’s Confidential Information, then 2 the Party must 3 (1) promptly notify in writing the Requesting Party and the Nonparty that 4 some or all of the information requested is subject to a confidentiality agreement 5 with a Nonparty; 6 (2) promptly provide the Nonparty with a copy of this Order, the relevant 7 discovery request(s), and a reasonably specific description of the information 8 requested; and 9 (3) make the information requested available for inspection by the Nonparty, 10 if requested. 11 (c) If the Nonparty fails to seek a protective order within 21 days of receiving the 12 notice and accompanying information, the Receiving Party may produce the Nonparty’s 13 Confidential Information responsive to the discovery request. If the Nonparty timely seeks 14 a protective order, the Receiving Party must not produce any information in its possession 15 or control that is subject to the confidentiality agreement with the Nonparty before a ruling 16 on the protective-order request. Absent a court order to the contrary, the Nonparty must 17 bear the burden and expense of seeking protection of its Protected Material. 18 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 If a Receiving Party learns that by inadvertence or otherwise, it has disclosed 20 Protected Material to any person or in any circumstance not authorized under this Order, 21 the Receiving Party must immediately notify the Designating Party in writing of the 22 unauthorized disclosures, use its best efforts to retrieve all unauthorized copies of the 23 Protected Material, inform the person or people to whom unauthorized disclosures were 24 made of the terms of this Order, and ask that person or people to execute the 25 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 26 / / / 27 / / / 28 / / / 1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain inadvertently 4 produced material is subject to a claim of privilege or other protection, the obligations of 5 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 6 12. MISCELLANEOUS 7 12.1 Nothing in this Order abridges the right of any person to seek its modification 8 by the Court. 9 12.2 By stipulating to the entry of this Order, no Party waives any right it otherwise 10 would have to object to disclosing or producing any information or item on any ground not 11 addressed in this Order. Similarly, no Party waives any right to object on any ground to use 12 in evidence of any of the material covered by this Order. 13 12.3 A Party that seeks to file under seal any Protected Material must comply with 14 Civil Local Rule 79-5. Protected Material may be filed under seal only pursuant to a court 15 order authorizing the sealing of the specific Protected Material at issue. If a Party's request 16 to file Protected Material under seal is denied, then the Receiving Party may file the 17 information in the public record unless otherwise instructed by the Court. 18 13. FINAL DISPOSITION 19 After the final disposition of this Action, as defined in paragraph 4, within 60 days 20 of a written request by the Designating Party, each Receiving Party must return all 21 Protected Material to the Producing Party or destroy such material. As used in this 22 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 23 summaries, and any other format reproducing or capturing any of the Protected Material. 24 Whether the Protected Material is returned or destroyed, the Receiving Party must submit 25 a written certification to the Producing Party (and, if not the same person or entity, to the 26 Designating Party) by the 60-day deadline that identifies (by category, when appropriate) 27 all the Protected Material that was returned or destroyed and affirms that the Receiving 28 Party has not retained any copies, abstracts, compilations, summaries, or any other format 1 ||reproducing or capturing any of the Protected Material. Notwithstanding this provision, 2 ||Counsel are entitled to retain an archival copy of all pleadings; motion papers; trial, 3 || deposition, and hearing transcripts; legal memoranda; correspondence; deposition and trial 4 exhibits; expert reports; attorney work product; and consultant and expert work product 5 if such materials contain Protected Material. Any such archival copies that contain or 6 ||constitute Protected Material remain subject to this Order as set forth in Section 4 7 (DURATION). 8 11/14. SANCTIONS 9 Any willful violation of this Order may be punished by civil or criminal contempt, 10 || financial or evidentiary sanctions, reference to disciplinary authorities, or other appropriate 11 || action at the discretion of the Court. 12 13 |} IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 14 © | DATED: May 13, 2024 Feat Geceme 16 ~ Attorneys for Plaintiff 4 PETER ALCAN

18 /s/ Ikedi O. Onvemaobim 19 DATED: May 16, 2024 Attorneys for Defendant 20 PANORAMA EDUCATION, INC. 21 22 23 24 25 26 27 28

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1 STIPULATED PROTECTIVE ORDER 2 The Court having read Plaintiff PETER ALCAN (“Plaintiff”) and Defendant 3 |}, PANORAMA EDUCATION, INC.’S (“Defendant”) (collectively, the “Parties”’) 4 || Stipulated Protective Order, and finding good cause, therefore, the Court hereby approves 5 || this Stipulated Protective Order 6 7 | IS SO ORDERED. 8 9 ||Date: May 16, 2024 fe hrehlatl~ 10 1] Hon. Jean P. Rosenbluth 12 Judge of the United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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