1 GREENE, BROILLET & WHEELER LLP 2

CHRISTINE D. SPAGNOLI (SBN 126353)

CSPAGNOLI@GBW.LAW

3 222 N. PACIFIC COAST HIGHWAY, SUITE 2100

P.O. BOX 955

4 EL SEGUNDO, CA 90245 5 TEL.: (310) 576-1200 / FAX: (310) 576-1220

6 NELSON & FRAENKEL, LLP Gretchen Nelson (SBN 112566) 7 gnelson@nflawfirm.com Gabriel S. Barenfeld (SBN 224146) 8 gbarenfeld@nflawfirm.com 601 So. Figueroa St., Suite 2050 9 Los Angeles, CA 90017 Tel: (844) 622-6469 10 Fax: (213) 622-6019

11 [Additional Counsel on Signature Page] 12 C ounsel for Plaintiff & the Proposed Classes 13

UNITED STATES DISTRICT COURT

14

CENTRAL DISTRICT OF CALIFORNIA

15

16 MARGARET STEVENS, individually Case No.: 2:20-cv-07373-MCS(ASx) 17 and on behalf of all others similarly situated, PROTECTIVE ORDER 18 Plaintiff, CLASS ACTION 19

20 vs.

21

BRITAX CHILD SAFETY, INC.,

22 Defendant. 23 24 25 26 27 28 1 Plaintiff Margaret Stevens and Defendant Britax Child Safety, Inc. (“Britax’’) 2 ||(together, “Parties”), by and through their undersigned attorneys of record, hereby 3 || stipulate and agree to the following terms. 4 PRELIMINARY MATTERS 5 A. Purposes and Limitations 6 Informal document exchange and discovery in this action is likely to involve 7 || production of confidential, proprietary, or private information for which special 8 || protection from public disclosure and from use for any purpose other than prosecuting 9 || this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition 10 Court to enter the following Stipulated Protective Order. The Parties agree to be 11 || bound by the terms of the Stipulated Protective Order pending Court approval. The 12 || parties acknowledge that this Order does not confer blanket protections on all disclosures 13 || or responses to discovery and that the protection it affords from public disclosure and use 14 |] extends only to the limited information or items that are entitled to confidential treatment 15 under the applicable legal principles. The parties further acknowledge, as set forth in 16 ||Section 12.3, below, that this Stipulated Protective Order does not entitle them to file 17 || confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that 18 || must be followed and the standards that will be applied when a party seeks permission 19 || from the court to file material under seal. 20 B. Good Cause Statement 21 This action 1s likely to involve trade secrets, customer and pricing lists and other 22 || valuable research, development, commercial, financial, technical and/or proprietary 23 ||information for which special protection from public disclosure and from use for any 24 || purpose other than prosecution of this action is warranted. Such confidential and 25 || proprietary materials and information consist of, among other things, confidential 26 || business or financial information, information regarding confidential business practices, 27 |/or other confidential research, development, or commercial information (including 28 information implicating privacy rights of third parties), information otherwise generally

1 unavailable to the public, or which may be privileged or otherwise protected from 2 disclosure under state or federal statutes, court rules, case decisions, or common law. 3 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 4 disputes over confidentiality of discovery materials, to adequately protect information the 5 parties are entitled to keep confidential, to ensure that the parties are permitted reasonable 6 necessary uses of such material in preparation for and in the conduct of trial, to address 7 their handling at the end of the litigation, and serve the ends of justice, a protective order 8 for such information is justified in this matter. It is the intent of the parties that 9 information will not be designated as confidential for tactical reasons and that nothing be 10 so designated without a good faith belief that it has been maintained in a confidential, 11 non-public manner, and there is good cause why it should not be part of the public record 12 of this case. 13 2. DEFINITIONS 14 2.1 Action: this pending federal lawsuit – Margaret Stevens v. Britax Child Safety 15 Inc., Case No. 2:20-cv-07373-MCS-AS. 16 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 17 information or items under this Order. 18 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is 19 generated, stored or maintained) or tangible things that qualify for protection under 20 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 21 Statement. 22 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 23 support staff). 24 2.5 Designating Party: a Party or Non-Party that designates information or items 25 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 26 2.6 Disclosure or Discovery Material: all items or information, regardless of 27 28 1 the medium or manner in which it is generated, stored, or maintained (including, among 2 other things, testimony, transcripts, and tangible things), that are produced or generated in 3 disclosures or responses to discovery in this matter. 4 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent 5 to the litigation who has been retained by a Party or its counsel to serve as an expert 6 witness or as a consultant in this Action. 7 2.8 House Counsel: attorneys who are employees of a party to this Action. House 8 Counsel does not include Outside Counsel of Record or any other outside counsel. 9 2.9 Non-Party: any natural person, partnership, corporation, association, or other 10 legal entity not named as a Party to this action. 11 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this 12 Action but are retained to represent or advise a party to this Action and have appeared in 13 this Action on behalf of that party or are affiliated with a law firm which has appeared on 14 behalf of that party, and includes support staff. 15 2.11 Party: any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 19 Material in this Action. 20 2.13 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 2.14 Protected Material: any Disclosure or Discovery Material that is designated as 25 “CONFIDENTIAL.” 26 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from 27 a Producing Party. 28 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only Protected 3 Material (as defined above), but also (1) any information copied or extracted from 4 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. Any use of Protected Material at trial shall 7 be governed by the orders of the trial judge. This Order does not govern the use of 8 Protected Material at trial. 9 4. DURATION 10 Once a case proceeds to trial, all of the information that was designated as 11 confidential or maintained pursuant to this protective order becomes public and will be 12 presumptively available to all members of the public, including the press, unless 13 compelling reasons supported by specific factual findings to proceed otherwise are made 14 to the trial judge in advance of the trial. See Kamakana v. City and County of Honolulu, 15 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing 16 documents produced in discovery from “compelling reasons” standard when merits- 17 related documents are part of court record). Accordingly, the terms of this protective 18 order do not extend beyond the commencement of the trial. 19 Even after final disposition of this litigation, the confidentiality obligations 20 imposed by this Order shall remain in effect until a Designating Party agrees otherwise in 21 writing or a court order otherwise directs. Final disposition shall be deemed to be the later 22 of (1) dismissal of all claims and defenses in this Action, with or without prejudice; and 23 (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, 24 remands, trials, or reviews of this Action, including the time limits for filing any motions 25 or applications for extension of time pursuant to applicable law. 26 5. DESIGNATING PROTECTED MATERIAL 27 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 28 Party or Non-Party that designates information or items for protection under this Order 1 must take care to limit any such designation to specific material that qualifies under the 2 appropriate standards. The Designating Party must designate for protection only those 3 parts of material, documents, items, or oral or written communications that qualify so that 4 other portions of the material, documents, items, or communications for which protection 5 is not warranted are not swept unjustifiably within the ambit of this Order. Mass, 6 indiscriminate, or routinized designations are prohibited. Designations that are shown to 7 be clearly unjustified or that have been made for an improper purpose (e.g., to 8 unnecessarily encumber the case development process or to impose unnecessary expenses 9 and burdens on other parties) may expose the Designating Party to sanctions. If it comes 10 to a Designating Party’s attention that information or items that it designated for 11 protection do not qualify for protection, that Designating Party must promptly notify all 12 other Parties that it is withdrawing the inapplicable designation. 13 5.2 Manner and Timing of Designations. Except as otherwise provided in this 14 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 15 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 16 must be clearly so designated before the material is disclosed or produced. Designation in 17 conformity with this Order requires: 18 (a) for information in documentary form (e.g., paper or electronic documents, but 19 excluding transcripts of depositions or other pretrial or trial proceedings), that the 20 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 21 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 22 portion or portions of the material on a page qualifies for protection, the Producing Party 23 also must clearly identify the protected portion(s) (e.g., by making appropriate markings 24 in the margins). A Party or Non-Party that makes original documents available for 25 inspection need not designate them for protection until after the inspecting Party has 26 indicated which documents it would like copied and produced. During the inspection and 27 before the designation, all of the material made available for inspection shall be deemed 28 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 1 copied and produced, the Producing Party must determine which documents, or portions 2 thereof, qualify for protection under this Order. Then, before producing the specified 3 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 4 that contains Protected Material. If only a portion or portions of the material on a page 5 qualifies for protection, the Producing Party also must clearly identify the protected 6 portion(s) (e.g., by making appropriate markings in the margins). 7 (b) for testimony given in depositions that the Designating Party identify the 8 Disclosure or Discovery Material on the record, before the close of the deposition all 9 protected testimony. 10 (c) for information produced in some form other than documentary and for any 11 other tangible items, that the Producing Party affix in a prominent place on the exterior of 12 the container or containers in which the information is stored the legend 13 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 14 the Producing Party, to the extent practicable, shall identify the protected portion(s). 15 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 16 designate qualified information or items does not, standing alone, waive the Designating 17 Party’s right to secure protection under this Order for such material. Upon timely 18 correction of a designation, the Receiving Party must make reasonable efforts to assure 19 that the material is treated in accordance with the provisions of this Order. 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 22 confidentiality at any time that is consistent with the Court’s Scheduling Order. 23 6.2 Meet and Confer. The Challenging Party shall initiate the informal dispute 24 resolution process set forth in the Court’s Procedures and Schedules. see 25 http://www.cacd.uscourts.gov/honorable-alka-sagar. 26 6.3 The burden of persuasion in any such challenge proceeding shall be on the 27 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to 28 harass or impose unnecessary expenses and burdens on other parties) may expose the 1 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 2 the confidentiality designation, all parties shall continue to afford the material in question 3 the level of protection to which it is entitled under the Producing Party’s designation until 4 the Court rules on the challenge. 5 7. ACCESS TO AND USE OF PROTECTED MATERIAL 6 7.1 Basic Principles. A Receiving Party may use Protected Material that is 7 disclosed or produced by another Party or by a Non-Party in connection with this Action 8 only for prosecuting, defending, or attempting to settle this Action. Such Protected 9 Material may be disclosed only to the categories of persons and under the conditions 10 described in this Order. When the Action has been terminated, a Receiving Party must 11 comply with the provisions of section 13 below (FINAL DISPOSITION). Protected 12 Material must be stored and maintained by a Receiving Party at a location and in a secure 13 manner that ensures that access is limited to the persons authorized under this Order. 14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 15 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 16 may disclose any information or item designated “CONFIDENTIAL” only to: 17 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 18 employees of said Outside Counsel of Record to whom it is reasonably necessary to 19 disclose the information for this Action; 20 (b) the officers, directors, and employees (including House Counsel) of the 21 Receiving Party to whom disclosure is reasonably necessary for this Action; 22 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 23 reasonably necessary for this Action and who have signed the “Acknowledgment and 24 Agreement to Be Bound” (Exhibit A); 25 (d) the court and its personnel; 26 (e) court reporters and their staff; 27 28 1 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to 2 whom disclosure is reasonably necessary for this Action and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or a custodian 5 or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to 7 whom disclosure is reasonably necessary provided: (1) the deposing party requests that 8 the witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted 9 to keep any confidential information unless they sign the “Acknowledgment and 10 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party 11 or ordered by the court. Pages of transcribed deposition testimony or exhibits to 12 depositions that reveal Protected Material may be separately bound by the court reporter 13 and may not be disclosed to anyone except as permitted under this Stipulated Protective 14 Order; and 15 (i) any mediator or settlement officer, and their supporting personnel, mutually 16 agreed upon by any of the parties engaged in settlement discussions. 17 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 18 OTHER LITIGATION 19 If a Party is served with a subpoena or a court order issued in other litigation that 20 compels disclosure of any information or items designated in this Action as 21 “CONFIDENTIAL,” that Party must: 22 (a) promptly notify in writing the Designating Party. Such notification shall 23 include a copy of the subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena or order to issue 25 in the other litigation that some or all of the material covered by the subpoena or order is 26 subject to this Protective Order. Such notification shall include a copy of this Stipulated 27 Protective Order; and 28 1 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 2 Designating Party whose Protected Material may be affected. If the Designating Party 3 timely seeks a protective order, the Party served with the subpoena or court order shall 4 not produce any information designated in this action as “CONFIDENTIAL” before a 5 determination by the court from which the subpoena or order issued, unless the Party has 6 obtained the Designating Party’s permission. The Designating Party shall bear the burden 7 and expense of seeking protection in that court of its confidential material and nothing in 8 these provisions should be construed as authorizing or encouraging a Receiving Party in 9 this Action to disobey a lawful directive from another court. 10 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 11 IN THIS LITIGATION 12 (a) The terms of this Order are applicable to information produced by a Non-Party 13 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 Non-Party from seeking additional protections. 17 (b) In the event that a Party is required, by a valid discovery request, to produce a 18 Non-Party’s confidential information in its possession, and the Party is subject to an 19 agreement with the Non-Party not to produce the Non-Party’s confidential information, 20 then the Party shall: 21 (1) promptly notify in writing the Requesting Party and the Non-Party that 22 some or all of the information requested is subject to a confidentiality agreement with a 23 Non-Party; 24 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 25 Order in this Action, the relevant discovery request(s), and a reasonably specific 26 description of the information requested; and 27 (3) make the information requested available for inspection by the Non-Party, if 28 requested. 1 (c) If the Non-Party fails to seek a protective order from this court within 14 days 2 of receiving the notice and accompanying information, the Receiving Party may produce 3 the Non-Party’s confidential information responsive to the discovery 4 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 5 produce any information in its possession or control that is subject to the confidentiality 6 agreement with the Non-Party before a determination by the court. Absent a court order 7 to the contrary, the Non-Party shall bear the burden and expense of seeking protection in 8 this court of its Protected Material. 9 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 10 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 11 Protected Material to any person or in any circumstance not authorized under this 12 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 13 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 14 all unauthorized copies of the Protected Material, (c) inform the person or persons to 15 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 16 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 17 that is attached hereto as Exhibit A. 18 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 19 PROTECTED MATERIAL 20 When a Producing Party gives notice to Receiving Parties that certain inadvertently 21 produced material is subject to a claim of privilege or other protection, the obligations of 22 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 23 This provision is not intended to modify whatever procedure may be established in an e- 24 discovery order that provides for production without prior privilege review. Pursuant to 25 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the 26 effect of disclosure of a communication or information covered by the attorney-client 27 privilege or work product protection, the parties may incorporate their agreement in the 28 stipulated protective order submitted to the court. 1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person 3 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 Protective 5 Order no Party waives any right it otherwise would have to object to disclosing or 6 producing any information or item on any ground not addressed in this Stipulated 7 Protective Order. Similarly, no Party waives any right to object on any ground to use in 8 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 Protected 10 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 11 under seal pursuant to a court order authorizing the sealing of the specific Protected 12 Material at issue. If a Party’s request to file Protected Material under seal is denied by the 13 court, then the Receiving Party may file the information in the public record unless 14 otherwise instructed by the court. 15 13. FINAL DISPOSITION 16 After the final disposition of this Action, as defined in paragraph 4, within 60 days 17 of a written request by the Designating Party, each Receiving Party must return all 18 Protected Material to the Producing Party or destroy such material. As used in this 19 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 20 summaries, and any other format reproducing or capturing any of the Protected Material. 21 Whether the Protected Material is returned or destroyed, the Receiving Party must submit 22 a written certification to the Producing Party (and, if not the same person or entity, to the 23 Designating Party) by the 60 day deadline that (1) identifies (by category, where 24 appropriate) all the Protected Material that was returned or destroyed and (2)affirms that 25 the Receiving Party has not retained any copies, abstracts, compilations, summaries or 26 any other format reproducing or capturing any of the Protected Material. Notwithstanding 27 this provision, Counsel are entitled to retain an archival copy of all pleadings, motion 28 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 1 deposition and trial exhibits, expert reports, attorney work product, and consultant and 2 expert work product, even if such materials contain Protected Material. Any such archival 3 copies that contain or constitute Protected Material remain subject to this Protective 4 Order as set forth in Section 4 (DURATION). 5 14. VIOLATION 6 Any violation of this Order may be punished by any and all appropriate measures 7 including, without limitation, contempt proceedings and/or monetary sanctions. 8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 9 10 DATED: September 30, 2021 NELSON & FRAENKEL LLP

11 12 By: /s/ Gabriel S. Barenfeld 13 Gretchen Nelson 14 Gabriel S. Barenfeld

15

GREENE BROILLET & WHEELER LLP

16 Christine D. Spagnoli 17

LEVIN, PAPANTONIO, THOMAS,

18

MITCHELL, RAFFERTY & PROCTOR, P.A.

19 Troy A. Rafferty (PHV) 20 trafferty@levinlaw.com 316 S. Baylen St., Suite 600 21 Pensacola, FL 32502 22 Tel: (850) 435-7140 Fax: (850) 436-6140 23

24 Attorneys for Plaintiff & the Proposed Classes

25

26

27 28 1 DATED: September 30, 2021 FOLEY & LARDNER LLP

2 3 By: /s/ Erik Swanholt 4 Erik K. Swanholt (SBN 198042) 5 eswanholt@foley.com 555 South Flower Street, Suite 3300 6 Los Angeles, CA 90071-2418 7 Tel: (213) 972-4614 8 9 *Pursuant to L.R. 5-4.3.4(a)(2)(i), the undersigned attorney hereby attests that all 10 other signatories listed, and on whose behalf the filing is submitted, concur in the filing’s 11 content and have authorized the filing. 12 13 DATED: September 30, 2021 NELSON & FRAENKEL LLP

14

15 16 By: /s/ Gabriel S. Barenfeld Gabriel S. Barenfeld 17 Attorneys Plaintiff & the Proposed Classes 18

19

ORDER

20

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

21

22 DATED: September 30, 2021 23

24

25 / s / Sagar 26 Honorable Alka Sagar

United States Magistrate Judge 27

28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY 3 STIPULATED PROTECTIVE ORDER, ENTERED IN THE CASE OF 4 MARGARET STEVENS, et al. v. BRITAX CHILD SAFETY, INC., U.S. DISTRICT 5 COURT CASE NO. 2:20-CV-07373-MCS-AS 6 I, _____________________________ [print or type full name], of 7 _________________ [print or type full address], declare under penalty of perjury that I 8 have read in its entirety and understand the Stipulated Protective Order that was issued by 9 the United States District Court for the Central District of California on _________ [date] 10 in the case of Margaret Stevens, et al. v. Britax Child Safety, Inc., Case No. 2:20-cv- 11 07373-MCS(ASx). I agree to comply with and to be bound by all the terms of this 12 Stipulated Protective Order and I understand and acknowledge that failure to so comply 13 could expose me to sanctions and punishment in the nature of contempt. I solemnly 14 promise that I will not disclose in any manner any information or item that is subject to 15 this Stipulated Protective Order to any person or entity except in strict compliance with 16 the provisions of this Order. 17 I further agree to submit to the jurisdiction of the United States District Court for 18 the Central District of California in the case of Margaret Stevens, et al. v. Britax Child 19 Safety, Inc., Case No. 2:20-cv-07373-MCS(ASx), for the purpose of enforcing the terms 20 of this Stipulated Protective Order, even if such enforcement proceedings occur after 21 termination of this action. I hereby appoint __________________________ [print or type 22 full name] of _______________________________________ [print or type full address 23 and telephone number] as my California agent for service of process in connection with 24 this action or any proceedings related to enforcement of this Stipulated Protective Order. 25 Date: ______________________________________ 26 City and State where sworn and signed: ________________________________ 27 Printed name: _______________________________ 28 Signature: __________________________________