1 KELLEY DRYE & WARREN LLP Tahir L. Boykins (State Bar No. 323441) 2 1800 Century Park East, Suite 600 Telephone: (310) 712-6100 3 tboykins@kelleydrye.com 4

KELLEY DRYE & WARREN LLP

5 Robert I. Steiner (admitted pro hac vice) 101 Park Avenue 6 New York, NY 10178 7 Telephone: (212) 808-7800 rsteiner@kelleydrye.com 8 Attorneys for Defendant 9 Laboratory Corporation of America Holdings Additional Attorneys on Signature Page 10 11 UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

12 LUKE DAVIS and JULIAN VARGAS, CASE NO. 2:20-CV-00893-FMO-KS 13 individually, and on behalf of all others 14 similarly situated, [Assigned to Fernando M. Olugin] 15 Plaintiff, STIPULATED PROTECTIVE

ORDER

16 v. 17 LABORATORY CORPORATION OF Complaint Filed: January 28, 2020 AMERICA HOLDINGS; and DOES 1 18 through 10, 19 Defendants. 20 21 22 23 24 1 I. PURPOSES AND LIMITATIONS 2 A. Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 6 Stipulated Protective Order. The parties acknowledge that this Order does not confer 7 8 blanket protections on all disclosures or responses to discovery and that the protection it 9 affords from public disclosure and use extends only to the limited information or items 10 that are entitled to confidential treatment under the applicable legal principles. The 11 parties further acknowledge, as set forth in Section XIII(C), below, that this Stipulated 12 Protective Order does not entitle them to file confidential information under seal; Civil 13 Local Rule 79-5 sets forth the procedures that must be followed and the standards that 14 will be applied when a party seeks permission from the Court to file material under seal. 15

II. GOOD CAUSE STATEMENT

16 17 A. This action is likely to involve trade secrets, customer and 18 other valuable research, development, commercial, financial, technical and/or 19 proprietary information for which special protection from public disclosure and from use 20 for any purpose other than prosecution of this action is warranted. Such confidential and 21 proprietary materials and information consist of, among other things, confidential 22 business or financial information, information regarding confidential business practices, 23 or other confidential research, development, or commercial information (including 24 25 information implicating privacy rights of third parties), information otherwise generally 26 unavailable to the public, or which may be privileged or otherwise protected from 27 disclosure under state or federal statutes, court rules, case decisions, or common law. 28 1 disputes over confidentiality of discovery materials, to adequately protect information the 2 parties are entitled to keep confidential, to ensure that the parties are permitted 3 reasonable necessary uses of such material in preparation for and in the conduct of trial, 4 to address their handling at the end of the litigation, and serve the ends of justice, a 5 protective order for such information is justified in this matter. It is the intent of the 6 parties that information will not be designated as confidential for tactical reasons and 7 8 that nothing be so designated without a good faith belief that it has been maintained in a 9 confidential, non-public manner, and there is good cause why it should not be part of the 10 public record of this case. 11

III. DEFINITIONS

12 A. Action: This pending federal law suit. 13 B. Challenging Party: A Party or Non-Party that challenges the designation of 14 information or items under this Order. 15 C. “CONFIDENTIAL” Information or Items: Information (regardless of how it 16 17 is generated, stored or maintained) or tangible things that qualify for protection under 18 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 19 Statement. 20 D. Counsel: Outside Counsel of Record and In-house Counsel (as well as their 21 support staff). 22 E. Designating Party: A Party or Non-Party that designates information or 23 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 24 25 F. Disclosure or Discovery Material: All items or information, regardless of 26 the medium or manner in which it is generated, stored, or maintained (including, among 27 other things, testimony, transcripts, and tangible things), that are produced or generated 28 1 G. Expert: A person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 3 expert witness or as a consultant in this Action. 4 H. In-house Counsel: Attorneys who are employees of a party to this Action. 5 In-house Counsel does not include Outside Counsel of Record or any other outside 6 counsel. 7 8 I. Non-Party: Any natural person, partnership, corporation, association, or 9 other legal entity not named as a Party to this action. 10 J. Outside Counsel of Record: Attorneys who are not employees of a party to 11 this Action but are retained to represent or advise a party to this Action and have 12 appeared in this Action on behalf of that party or are affiliated with a law firm which has 13 appeared on behalf of that party, and includes support staff. 14 K. Party: Any party to this Action, including all of its officers, directors, 15 employees, consultants, retained experts, and Outside Counsel of Record (and their 16 17 support staffs). 18 L. Producing Party: A Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 M. Professional Vendors: Persons or entities that provide litigation support 21 services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 23 their employees and subcontractors. 24 25 N. Protected Material: Any Disclosure or Discovery Material that is designated 26 as “CONFIDENTIAL.” 27 O. Receiving Party: A Party that receives Disclosure or Discovery Material 28 1 IV. SCOPE 2 A. The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or extracted 4 from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 5 Material; and (3) any testimony, conversations, or presentations by Parties or their 6 Counsel that might reveal Protected Material. 7 8 B. Any use of Protected Material at trial shall be governed by the orders of the 9 trial judge. This Order does not govern the use of Protected Material at trial. 10 V. DURATION 11 A. Once a case proceeds to trial, all of the information that was designated as 12 confidential or maintained pursuant to this Protective Order becomes public and will be 13 presumptively available to all members of the public, including the press, unless 14 compelling reasons supported by specific factual findings to proceed otherwise are made 15 to the trial judge in advance of the trial. See Kamakana v. City and County of Honolulu, 16 17 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing 18 documents produced in discovery from “compelling reasons” standard when merits- 19 related documents are part of court record). Accordingly, the terms of this Protective 20 Order do not extend beyond the commencement of the trial. 21 B. Even after final disposition of this litigation, the confidentiality obligations 22 imposed by this Order shall remain in effect until a Designating Party agrees otherwise in 23 writing or a court order otherwise directs. Final disposition shall be deemed to be the 24 25 later of (1) dismissal of all claims and defenses in this Action, with or without prejudice; 26 and (2) final judgment herein after the completion and exhaustion of all appeals, 27 rehearings, remands, trials, or reviews of this Action, including the time limits for filing 28 1 VI. DESIGNATING PROTECTED MATERIAL 2 A. Exercise of Restraint and Care in Designating Material for Protection 3 1. 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 qualifies 5 under the appropriate standards. The Designating Party must designate for protection 6 only those parts of material, documents, items, or oral or written communications that 7 8 qualify so that other portions of the material, documents, items, or communications for 9 which protection is not warranted are not swept unjustifiably within the ambit of this 10 Order. 11 2. Mass, indiscriminate, or routinized designations are prohibited. Designations that 12 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 13 to unnecessarily encumber the case development process or to impose unnecessary 14 expenses and burdens on other parties) may expose the Designating Party to sanctions. 15 3. If it comes to a Designating Party’s attention that information or items that it 16 17 designated for protection do not qualify for protection, that Designating Party must 18 promptly notify all other Parties that it is withdrawing the inapplicable designation. 19 B. Manner and Timing of Designations 20 1. Except as otherwise provided in this Order (see, e.g., Section B(2)(b) below), or as 21 otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 22 protection under this Order must be clearly so designated before the material is disclosed 23 or produced. 24 25 2. Designation in conformity with this Order requires the following: 26 a. For information in documentary form (e.g., paper or 27 electronic documents, but excluding transcripts of depositions or other pretrial or trial 28 1 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected material. If 2 only a portion or portions of the material on a page qualifies for protection, the Producing 3 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 4 markings in the margins). 5 b. A Party or Non-Party that makes original documents available 6 for inspection need not designate them for protection until after the inspecting Party has 7 8 indicated which documents it would like copied and produced. During the inspection and 9 before the designation, all of the material made available for inspection shall be deemed 10 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 11 copied and produced, the Producing Party must determine which documents, or portions 12 thereof, qualify for protection under this Order. Then, before producing the specified 13 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 14 that contains Protected Material. If only a portion or portions of the material on a page 15 qualifies for protection, the Producing Party also must clearly identify the protected 16 17 portion(s) (e.g., by making appropriate markings in the margins). 18 c. For testimony given in depositions, that the Designating Party 19 identify the Disclosure or Discovery Material on the record, before the close of the 20 deposition all protected testimony. 21 d. For information produced in form other than document and 22 for any other tangible items, that the Producing Party affix in a prominent place on the 23 exterior of the container or containers in which the information is stored the legend 24 25 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 26 the Producing Party, to the extent practicable, shall identify the protected portion(s). 27 C. Inadvertent Failure to Designate 28 1 information or items does not, standing alone, waive the Designating Party’s right to 2 secure protection under this Order for such material. Upon timely correction of a 3 designation, the Receiving Party must make reasonable efforts to assure that the material 4 is treated in accordance with the provisions of this Order. 5

VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS

6 A. Timing of Challenges 7 8 1. Any party or Non-Party may challenge a designation of 9 confidentiality at any time that is consistent with the Court’s Scheduling Order. 10 B. Meet and Confer 11 1. The Challenging Party shall initiate the dispute resolution process 12 under Local Rule 37.1 et seq. 13 C. The burden of persuasion in any such challenge proceeding shall be on the 14 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 15 to harass or impose unnecessary expenses and burdens on other parties) may expose the 16 17 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 18 the confidentiality designation, all parties shall continue to afford the material in question 19 the level of protection to which it is entitled under the Producing Party’s designation until 20 the Court rules on the challenge. 21

VIII. ACCESS TO AND USE OF PROTECTED MATERIAL

22 A. Basic Principles 23 1. A Receiving Party may use Protected Material that is disclosed or 24 25 produced by another Party or by a Non-Party in connection with this Action only for 26 prosecuting, defending, or attempting to settle this Action. Such Protected Material may 27 be disclosed only to the categories of persons and under the conditions described in this 28 1 provisions of Section XIV below. 2 2. Protected Material must be stored and maintained by a Receiving 3 Party at a location and in a secure manner that ensures that access is limited to the 4 persons authorized under this Order. 5 B. Disclosure of “CONFIDENTIAL” Information or Items 6 1. Unless otherwise ordered by the Court or permitted in writing by the 7 8 Designating Party, a Receiving Party may disclose any information or item designated 9 “CONFIDENTIAL” only to: 10 a. The Receiving Party’s Outside Counsel of Record in this 11 Action, as well as employees of said Outside Counsel of Record to whom it is reasonably 12 necessary to disclose the information for this Action; 13 b. The officers, directors, and employees (including In-house 14 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 15 Action; 16 17 c. Experts (as defined in this Order) of the Receiving Party to 18 whom disclosure is reasonably necessary for this Action and who have signed the 19 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 d. The Court and its personnel; 21 e. Court reporters and their staff; 22 f. Professional jury or trial consultants, mock jurors, and 23 Professional Vendors to whom disclosure is reasonably necessary or this Action and who 24 25 have signed the “Acknowledgment and Agreement to be Bound” attached as Exhibit A 26 hereto; 27 g. The author or recipient of a document containing the 28 1 information; 2 h. During their depositions, witnesses, and attorneys for 3 witnesses, in the Action to whom disclosure is reasonably necessary provided: (i) the 4 deposing party requests that the witness sign the “Acknowledgment and Agreement to Be 5 Bound;” and (ii) they will not be permitted to keep any confidential information unless 6 they sign the “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by 7 8 the Designating Party or ordered by the Court. Pages of transcribed deposition testimony 9 or exhibits to depositions that reveal Protected Material may be separately bound by the 10 court reporter and may not be disclosed to anyone except as permitted under this 11 Stipulated Protective Order; and 12 i. Any mediator or settlement officer, and their supporting 13 personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 14

IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

15

IN OTHER LITIGATION

16 17 A. If a Party is served with a subpoena or a court order issued in other 18 litigation that compels disclosure of any information or items designated in this Action as 19 “CONFIDENTIAL,” that Party must: 20 1. Promptly notify in writing the Designating Party. Such notification 21 shall include a copy of the subpoena or court order; 22 2. Promptly notify in writing the party who caused the subpoena or 23 order to issue in the other litigation that some or all of the material covered by the 24 25 subpoena or order is subject to this Protective Order. Such notification shall include a 26 copy of this Stipulated Protective Order; and 27 3. Cooperate with respect to all reasonable procedures sought to be 28 1 B. If the Designating Party timely seeks a protective order, the Party served 2 with the subpoena or court order shall not produce any information designated in this 3 action as “CONFIDENTIAL” before a determination by the Court from which the 4 subpoena or order issued, unless the Party has obtained the Designating Party’s 5 permission. The Designating Party shall bear the burden and expense of seeking 6 protection in that court of its confidential material and nothing in these provisions should 7 8 be construed as authorizing or encouraging a Receiving Party in this Action to disobey a 9 lawful directive from another court. 10 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 11

PRODUCED IN THIS LITIGATION

12 A. The terms of this Order are applicable to information produced by a Non- 13 Party in this Action and designated as “CONFIDENTIAL.” Such information produced by 14 Non-Parties in connection with this litigation is protected by the remedies and relief 15 provided by this Order. Nothing in these provisions should be construed as prohibiting a 16 17 Non-Party from seeking additional protections. 18 B. In the event that a Party is required, by a valid discovery request, to produce 19 a Non-Party’s confidential information in its possession, and the Party is subject to an 20 agreement with the Non-Party not to produce the Non-Party’s confidential information, 21 then the Party shall: 22 1. Promptly notify in writing the Requesting Party and the Non-Party 23 that some or all of the information requested is subject to a confidentiality agreement 24 25 with a Non-Party; 26 2. Promptly provide the Non-Party with a copy of the Stipulated 27 Protective Order in this Action, the relevant discovery request(s), and a reasonably 28 1 3. Make the information requested available for inspection by the Non- 2 Party, if requested. 3 C. If the Non-Party fails to seek a protective order from this court within 14 4 days of receiving the notice and accompanying information, the Receiving Party may 5 produce the Non-Party’s confidential information responsive to the discovery request. If 6 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 7 8 information in its possession or control that is subject to the confidentiality agreement 9 with the Non-Party before a determination by the court. Absent a court order to the 10 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 11 court of its Protected Material. 12

XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

13 A. If a Receiving Party learns that, by inadvertence or otherwise, it has 14 disclosed Protected Material to any person or in any circumstance not authorized under 15 this Stipulated Protective Order, the Receiving Party must immediately (1) notify in 16 17 writing the Designating Party of the unauthorized disclosures, (2) use its best efforts to 18 retrieve all unauthorized copies of the Protected Material, (3) inform the person or 19 persons to whom unauthorized disclosures were made of all the terms of this Order, and 20 (4) request such person or persons to execute the “Acknowledgment and Agreement to be 21 Bound” that is attached hereto as Exhibit A. 22

XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

23

PROTECTED MATERIAL

24 25 A. When a Producing Party gives notice to Receiving Parties that certain 26 inadvertently produced material is subject to a claim of privilege or other protection, the 27 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 28 1 established in an e-discovery order that provides for production without prior privilege 2 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach 3 an agreement on the effect of disclosure of a communication or information covered by 4 the attorney-client privilege or work product protection, the parties may incorporate their 5 agreement in the Stipulated Protective Order submitted to the Court. 6

XIII. MISCELLANEOUS

7 8 A. Right to Further Relief 9 1. Nothing in this Order abridges the right of any person to seek its 10 modification by the Court in the future. 11 B. Right to Assert Other Objections 12 1. By stipulating to the entry of this Protective Order, no Party waives 13 any right it otherwise would have to object to disclosing or producing any information or 14 item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party 15 waives any right to object on any ground to use in evidence of any of the material covered 16 17 by this Protective Order. 18 C. Filing Protected Material 19 1. A Party that seeks to file under seal any Protected Material must 20 comply with Civil Local Rule 79-5. Protected Material may only be filed under seal 21 pursuant to a court order authorizing the sealing of the specific Protected Material at 22 issue. If a Party's request to file Protected Material under seal is denied by the Court, 23 then the Receiving Party may file the information in the public record unless otherwise 24 25 instructed by the Court. 26 XIV. FINAL DISPOSITION 27 A. After the final disposition of this Action, as defined in Section V, within 28 1 return all Protected Material to the Producing Party or destroy such material. As used in 2 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 3 summaries, and any other format reproducing or capturing any of the Protected Material. 4 Whether the Protected Material is returned or destroyed, the Receiving Party must 5 submit a written certification to the Producing Party (and, if not the same person or 6 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, 7 8 where appropriate) all the Protected Material that was returned or destroyed and (2) 9 affirms that the Receiving Party has not retained any copies, abstracts, compilations, 10 summaries or any other format reproducing or capturing any of the Protected Material. 11 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 12 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 13 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 14 consultant and expert work product, even if such materials contain Protected Material. 15 Any such archival copies that contain or constitute Protected Material remain subject to 16 17 this Protective Order as set forth in Section V. 18 B. Any violation of this Order may be punished by any and all appropriate 19 measures including, without limitation, contempt proceedings and/or monetary 20 sanctions. 21

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

22 DATED: August 27, 2020 KELLEY DRYE & WARREN LLP 23 Tahir L. Boykins 24 25 By: /s/ Tahir L. Boykins Tahir L. Boykins 26 Attorneys for Defendants Laboratory Corporation of America 27 Holdings 28 1 DATED: August 27, 2020 By: /s/ Alison M. Bernal 2 Alison M. Bernal (SBN 264629) 3 alison@nshmlaw.com Jonathan D. Miller (SBN 220848) 4 jonathan@nshmlaw.com 5 NYE, STIRLING, HALE & MILLER, LLP 6 33 West Mission Street, Suite 201 7 Santa Barbara, CA 93101 Telephone: (805) 963-2345 8 Facsimile: (805) 284-9590 9 Benjamin J. Sweet 10 (Admitted Pro Hac Vice) 11 ben@nshmlaw.com

NYE, STIRLING, HALE

12 & MILLER, LLP 13 1145 Bower Hill Road, Suite 104 Pittsburgh, PA 15243 14 Telephone: (412) 857-5350 15 Matther K. Handley 16 (Pro Hac Vice Forthcoming) 17 mhandley@hfajustice.com

HANDLEY FARAH &

18

ANDERSON PLLC

19 777 6th St NW 20 Washington, DC 20001 Telephone: (202) 559-2411 21 Facsimile: (844) 300-1952 22 Attorneys for Plaintiffs Luke Davis and Julian Vargas 23 24 Local Rule 5-4.3.4 Certification: I hereby attest that all other signatories listed, on whose behalf this filing is submitted, concur in the filing’s content and 25 have authorized this filing. 26 27 By: /s/ Tahir L. Boykins 28 Tahir L. Boykins

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

5 Dated: August 28, 2020 Fawn Possnson 4 NORABLE KAREN I. STEVENSON ; United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1< CACE NDA 9-90 _CU_NNe02_EMIOKe

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 6 read in its entirety and understand the Stipulated Protective Order that was issued by the 7 United States 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 9 initials assigned to it by the Court]. I agree to comply with and to be bound by all the 10 terms of this Stipulated Protective Order and I understand and acknowledge that failure 11 to so comply could expose me to sanctions and punishment in the nature of contempt. I 12 13 solemnly promise that I will not disclose in any manner any information or item that is 14 subject to this Stipulated Protective Order to any person or entity except in strict 15 compliance with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court for 17 the Central District of California for the purpose of enforcing the terms of this Stipulated 18 Protective Order, even if such enforcement proceedings occur after termination of this 19 action. I hereby appoint [print or type full name] of 20 21 [print or type full address and telephone number] as my 22 California agent for service of process in connection with this action or any proceedings 23 related to enforcement of this Stipulated Protective Order. 24 Date: 25 City and State where sworn and signed: 26 Printed Name: 27 Signature: 28