1 2 3 4 5 6 7 8 9 10 11 12 13 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 ROBERT FISH, an individual, and on Case No. 8:21-cv-00060-JLS-JDE behalf of all others similarly situated 17 Plaintiff, STIPULATION AND PROTECTIVE 18 ORDER v. 19 [Discovery Document: Referred to TESLA, INC., a Delaware corporation Magistrate Judge John D. Early] 20 Defendant. 21 22 23 24 25 26 27 28 1 1. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public disclosure 4 and from use for any purpose other than pursuing 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 blanket protections on all disclosures or responses to discovery and that the protection 8 it affords from public disclosure and use extends only to the limited information or items 9 that are entitled to confidential treatment under the applicable legal principles. 10 2. GOOD CAUSE STATEMENT 11 This action is likely to involve trade secrets, customer and pricing lists and other 12 valuable research, development, commercial, financial, technical and/or proprietary 13 information for which special protection from public disclosure and from use for any 14 purpose other than prosecution of this action is warranted. Such confidential and 15 proprietary materials and information consist of, among other things, confidential 16 business practices, or other confidential research, development, or commercial 17 information (including information implicating privacy rights of third parties), 18 information otherwise generally unavailable to the public, or which may be privileged 19 or otherwise protected from disclosure under state or federal statutes, court rules, case 20 decisions, or common law. Accordingly, to expedite the flow of information, to 21 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 22 to adequately protect information the parties are entitled to keep confidential, to ensure 23 that the parties are permitted reasonable necessary uses of such material in preparation 24 for and in the conduct of trial, to address their handling at the end of the litigation, and 25 serve the ends of justice, a protective order for such information is justified in this 26 matter. It is the intent of the parties that information will not be designated as 27 confidential for tactical reasons and that nothing be so designated without a good faith 1 cause why it should not be part of the public record of this case. 2 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 3 The parties further acknowledge, as set forth in Section 14.3, below, that this 4 Stipulated Protective Order does not entitle them to file confidential information under 5 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 6 standards that will be applied when a party seeks permission from the court to file 7 materials under seal. There is a strong presumption that the public has a right of access 8 to judicial proceedings and records in civil cases. In connection with non-dispositive 9 motions, good cause must be shown to support a filing under seal. See Kamakana v. 10 City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. 11 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 12 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 13 require good cause showing), and a specific showing of good cause or compelling 14 reasons with proper evidentiary support and legal justification, must be made with 15 respect to Protected Material that a party seeks to file under seal. The parties’ mere 16 designation of Disclosure or Discovery Material as CONFIDENTIAL does not – 17 without the submission of competent evidence by declaration, establishing that the 18 material sought to be filed under seal qualifies as confidential, privileged, or otherwise 19 protectable – constitute good cause. 20 Further, if a party requests sealing related to a dispositive motion or trial, then 21 compelling reasons, not only good cause, for the sealing must be shown, and the relief 22 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos 23 v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type 24 of information, document, or thing sought to be filed or introduced under seal, the party 25 seeking protection must articulate compelling reasons, supported by specific facts and 26 legal justification, for the requested sealing order. Again, competent evidence 27 supporting the application to file documents under seal must be provided by declaration. 1 entirety will not be filed under seal if the confidential portions can be redacted. If 2 documents can be redacted, then a redacted version for public viewing, omitting only 3 the confidential, privileged, or otherwise protectable portions of the document, shall be 4 filed. Any application that seeks to file documents under seal in their entirety should 5 include explanation of why redaction is not feasible. 6 4. DEFINITIONS 7 4.1 Action: Fish v. Tesla, Inc., Case No. 8:21-cv-00060-JLS-JDE, Central 8 District of California. 9 4.2 Challenging Party: a Party or Non-Party that challenges the designation of 10 information or items under this Order. 11 4.3 “CONFIDENTIAL” Information or Items information (regardless of how 12 it is generated, stored or maintained) or tangible things that qualify for protection under 13 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 14 Statement. 15 4.4 Conflicted Expert: any consultant, investigator, or Expert (a) who is an 16 employee of an automobile manufacturer competitor of Tesla; or (b) who was in the 17 employ of an automobile manufacturer competitor of Tesla anytime between 1 year 18 prior to the time disclosure is made; or (c) who is serving as a consultant to an 19 automobile manufacturer competitor of Tesla. Protected Material may not be disclosed 20 to a Conflicted Expert without written agreement by the Designating Party or a Court 21 order prior to the disclosure. 22 4.5 Counsel: Outside Counsel of Record and House Counsel (as well as their 23 support staff). 24 4.6 Designating Party: a Party or Non-Party that designates information or 25 items that it produces in disclosures or in responses to discovery as 26 “CONFIDENTIAL”. 27 4.7 Disclosure or Discovery Material: all items or information, regardless of 1 other things, testimony, transcripts, and tangible things), that are produced or generated 2 in disclosures or responses to discovery. 3 4.8 Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 5 expert witness or as a consultant in this Action. 6 4.9 House Counsel: attorneys who are employees of a party to this Action. 7 House Counsel does not include Outside Counsel of Record or any other outside 8 counsel. 9 4.10 Non-Party: any neutral person, partnership, corporation, association or 10 other legal entity not named as a Party to this action. 11 4.11 Outside Counsel of Record: attorneys who are not employees of a party to 12 this Action but are retained to represent a party to this Action and have appeared in this 13 Action on behalf of that party or are affiliated with a law firm that has appeared on 14 behalf of that party, and includes support staff. 15 4.12 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 4.13 Producing Party: a Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 4.14 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 4.15 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ATTORNEYS- 26 EYES ONLY.” 27 4.16 Receiving Party: a Party that receives Disclosure or Discovery Material 1 5. DESIGNATION OF MATERIAL AS “CONFIDENTIAL,” OR 2 “HIGHLY CONFIDENTIAL ATTORNEYS-EYES ONLY.” Any Producing Party 3 may designate Discovery Material as “Confidential,” or “Highly Confidential 4 Attorneys-Eyes Only” under the terms of this Order if the Producing Party in good faith 5 reasonably believes that such Discovery Material contains non-public, confidential, 6 personal, proprietary or commercially sensitive information that requires protections 7 provided in this Order. 8 5.1 “Confidential.” For purposes of this Order, information considered to be 9 Confidential includes any information that a Party believes in good faith to 10 be confidential or sensitive non-public information, including but not limited 11 to trade secrets, research, design, development, financial, technical, 12 marketing, planning, personal, or commercial information, as such terms are 13 used in Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure and any 14 applicable case law interpreting Rule 26(c)(1)(G). 15 5.2 “Highly-Confidential Attorneys-Eyes Only.” For purposes of this Order, a 16 Producing Party may designate materials “Highly-Confidential – Attorneys- 17 Eyes Only” if it reasonably believes the Discovery Material constitutes or 18 contains competitively sensitive business and/or customer proprietary 19 information that warrants a heightened level of confidentiality. Access to 20 “Highly-Confidential – Attorneys-Eyes Only” materials produced to a 21 Receiving Party shall be strictly limited to the Receiving Party’s Outside 22 Counsel of Record, but not to be shared with or provided to anyone else 23 including Plaintiff Robert Fish absent written permission from Producing 24 Party. In addition, Receiving Party’s Outside Counsel of Record must 25 establish an ethical wall to prevent “Highly-Confidential – Attorneys-Eyes 26 Only” materials from being disclosed to Plaintiff Robert Fish, staff not 27 supporting this Action and otherwise directly supporting Robert Fish, and/or 1 Outside Counsel of Record. A Producing Party may withhold production of 2 “Highly-Confidential – Attorneys-Eyes Only” material until Receiving Party 3 confirms such an ethical wall has been created. 4 5.2.1 Discovery Material designated “Highly-Confidential – Attorneys-Eyes 5 Only” may be shared with the Receiving Party’s expert to the extent the 6 Discovery Material is relevant to the merits or subject matter related to the 7 experts. The experts with access to such documents are not permitted to 8 share such materials with anyone other than his or her Party’s Outside 9 Counsel of Record. 10 6. SCOPE 11 The protections conferred by this Stipulation and Order cover not only Protected 12 Material (as defined above), but also (1) any information copied or extracted from 13 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 14 Material; and (3) any testimony, conversations, or presentations by Parties or their 15 Counsel that might reveal Protected Material. 16 Any use of Protected Material at trial shall be governed by the orders of the trial 17 judge and other applicable authorities. This Order does not govern the use of Protected 18 Material at trial. 19 7. DURATION 20 Even after final disposition of this litigation, the confidentiality obligations 21 imposed by this Order shall remain in effect until the Designating Party agrees 22 otherwise in writing or a court order otherwise directs. Final disposition shall be deemed 23 to be the later of (1) dismissal of all claims and defenses in this Action, with or without 24 prejudice; and (2) final judgment herein after the completion and exhaustion of all 25 appeals, rehearings, remands, trials, or reviews of this Action, including the time limits 26 for filing any motions or applications for extension of time pursuant to applicable law. 27 8. DESIGNATING PROTECTED MATERIAL 1 Each Party or Non-Party that designates information or items for protection under this 2 Order must take care to limit any such designation to specific material that qualified 3 under the appropriate standards. The Designating Party must designate for protection 4 only those parts of material, documents, items or oral or written communications that 5 qualify so that other portions of the material, documents, items or communications for 6 which protection is not warranted are not swept unjustifiably within the ambit of this 7 Order. 8 Mass, indiscriminate or routinized designations are prohibited. Designations that 9 are shown to be clearly unjustified or that have been made for an improper purpose 10 (e.g., to unnecessarily encumber the case development process or to impose 11 unnecessary expenses and burdens on other parties) may expose the Designating Party 12 to sanctions. 13 If it comes to a Designating Party’s attention that information or items that it 14 designated for protection do not qualify for protection, that Designating Party must 15 promptly notify all other Parties that it is withdrawing the inapplicable designation. 16 8.2 Manner and Timing of Designations. Except as otherwise provided in this 17 Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that 18 qualifies for protection under this Order must be clearly so designated before the 19 material is disclosed or produced. 20 Designation in conformity with this Order requires: 21 (a) For information in documentary form (e.g., paper or electronic 22 documents, but excluding transcripts of depositions or other pretrial or trial 23 proceedings), that the Producing Party affix at a minimum, the legend 24 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY” , 25 to each page that contains protected material. If only a portion of the material on a page 26 qualifies for protection, the Producing Party also must clearly identify the protected 27 portion(s) (e.g., by making appropriate markings in the margins). 1 need not designate them for protection until after the inspecting Party has indicated 2 which documents it would like copied and produced. During the inspection and before 3 the designation, all of the material made available for inspections shall be deemed 4 “CONFIDENTIAL”. After the inspecting Party has identified the documents it wants 5 copied and produced, the Producing Party must determine which documents, or portions 6 thereof, qualify for protection under this Order. Then, before producing the specified 7 documents, the Producing Party must affix the “CONFIDENTIAL” or “HIGHLY 8 CONFIDENTIAL ATTORNEYS EYES ONLY” legend to each page that contains 9 Protected Material. If only a portion of the material on a page qualifies for protection, 10 the Producing Party also must clearly identify the protected portion(s) (e.g., by making 11 appropriate markings in the margins). 12 (b) For testimony given in depositions that the Designating Party 13 identify within 30 days after the transcript is delivered, as Protected Material. All 14 deposition testimony taken in this case shall be treated as Protected Material until the 15 expiration of the thirtieth day after the transcript is delivered to any party or the witness. 16 Within this time period, a Designating Party may serve a Notice of Designation to all 17 parties of record as to specific portions of the testimony that are designated Protected 18 Material, and thereafter only those portions identified in the Notice of Designation shall 19 be protected by the terms of this Order. Alternatively, the Designating Party may 20 identify the Disclosure or Discovery Material on the record as Protected Material before 21 the close of the deposition. 22 (c) For information produced in some form other than documentary and 23 for any other tangible items, that the Producing Party affix in a prominent place on the 24 exterior of the container or containers in which the information is stored the legend 25 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY.” If 26 only a portion or portions of the information warrants protection, the Producing Party, 27 to the extent practicable, shall identify the protected portion(s). 1 failure to designate qualified information or items does not, standing alone, waive the 2 Designating Party’s right to secure protection under this Order for such material. Upon 3 timely correction of a designation, the Receiving Party must make reasonable efforts to 4 assure that the material is treated in accordance with the provisions of this Order. 5 9. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6 9.1 Timing of Challenges. Any Party or Non-Party may challenge a 7 designation of confidentiality at any time that is consistent with the Court’s Scheduling 8 Order. 9 9.2 Meet and Confer. The Challenging Party shall initiate the dispute 10 resolution process under Local Rule 37-1 et seq. 11 9.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 12 stipulation pursuant to Local Rule 37-2. 13 9.4 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 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 17 the confidentiality designation, all parties shall continue to afford the material in 18 question the level of protection to which it is entitled under the Producing Party’s 19 designation under the Court rules on the challenge. 20 10. ACCESS TO AND USE OF PROTECTED MATERIAL 21 10.1 Basic Principles. A Receiving Party may use Protected Material that is 22 disclosed or produced by another Party or by a Non-Party in connection with this Action 23 only for prosecuting, defending or attempting to settle this Action. Such Protected 24 Material may be disclosed only to the categories of persons and under the conditions 25 described in this Order. When the Action has been terminated, a Receiving Party must 26 comply with the provisions of section 16 below (FINAL DISPOSITION). 27 Protected Material must be stored and maintained by a Receiving Party at a 1 authorized under this Order. 2 10.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 3 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 4 may disclose any information or item designated “CONFIDENTIAL” only to: 5 (a) The Receiving Party’s Outside Counsel of Record in this Action, as 6 well as employees of said Outside Counsel of Record to whom it is reasonably 7 necessary to disclose the information for this Action; 8 (b) The officers, directors, and employees (including House Counsel) 9 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 10 (c) Experts (as defined in this Order) of the Receiving Party to whom 11 disclosure is reasonably necessary for this Action and who have signed the 12 “Acknowledgement and Agreement to Be Bound” (Exhibit A); 13 (d) The court and its personnel; 14 (e) Court reporters and their staff; 15 (f) Professional jury or trial consultants, mock jurors, and Professional 16 Vendors to whom disclosure is reasonably necessary for this Action and who have 17 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (g) The author or recipient of a document containing the information or 19 a custodian or other person who otherwise possessed or knew the information; 20 (h) During their depositions, witnesses, and attorneys for witnesses, in 21 the Action to whom disclosure is reasonably necessary provided; (1) the deposing party 22 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 23 not be permitted to keep any confidential information unless they sign the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 25 by the Designating Party or ordered by the court. Pages of transcribed deposition 26 testimony or exhibits to depositions that reveal Protected Material may be separately 27 bound by the court reporter and may not be disclosed to anyone except as permitted 1 (i) Any mediators or settlement officers and their supporting personnel, 2 mutually agreed upon by any of the parties engaged in settlement discussions. 3 11. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 4 IN OTHER LITIGATION 5 If a Party is served with a subpoena or a court order issued in other litigation that 6 compels disclosure of any information or items designated in this Action as 7 “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY” 8 that Party must: 9 (a) Promptly notify in writing the Designating Party. Such notifications 10 shall include a copy of the subpoena or court order. 11 (b) Promptly notify in writing the party who caused the subpoena or 12 order to issue in the other litigation that some or all of the material covered by the 13 subpoena or order is subject to this Protective Order. Such notification shall include a 14 copy of this Stipulated Protective Order; and 15 (c) Cooperate with respect to all reasonable procedures sought to be 16 pursued by the Designating Party whose Protected Material may be affected. If the 17 Designating Party timely seeks a protective order, the Party served with the subpoena 18 or court order shall not produce any information designated in this action as 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY” 20 before a determination by the court from which the subpoena or order issued, unless the 21 Party shall bear the burden and expense of seeking protection in that court of its 22 confidential material and nothing in these provisions should be construed as authorizing 23 or encouraging a Receiving Party in this Action to disobey a lawful directive from 24 another court. 25 12. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 26 PRODUCED IN THIS LITIGATION 27 (a) The terms of this Order are applicable to information produced by a 1 CONFIDENTIAL ATTORNEYS EYES ONLY”. Such information produced by Non- 2 Parties in connection with this litigation is protected by the remedies and relief provided 3 by this Order. Nothing in these provisions should be construed as prohibiting a Non- 4 Party from seeking additional protections. 5 (b) In the event that a Party is required, by a valid discovery request, to 6 produce a Non-Party’s confidential information in its possession, and the Party is 7 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 8 information, then the Party shall: 9 (1) Promptly notify in writing the Requesting Party and the Non-Party 10 that some or all of the information requested is subject to a confidentiality agreement 11 with a Non-Party; 12 (2) Promptly provide the Non Party with a copy of the Stipulated 13 Protective Order in this Action, the relevant discovery request(s), and a reasonably 14 specific description of the information requested; and 15 (3) Make the information requested available for inspection by the Non- 16 Party, if requested. 17 (c) If the Non-Party fails to seek a protective order from this court 18 within 14 days of receiving the notice and accompanying information, the Receiving 19 Party may produce the Non-Party’s confidential information responsive to the discovery 20 requests. If the Non-Party timely seeks a protective order, the Receiving Party shall not 21 produce any information in its possession or control that is subject to the confidentiality 22 agreement with the Non-Party before a determination by the court. Absent a court order 23 to the contrary, the Non-Party shall bear the burden and expense of seeking protection 24 in this court of its Protected Material. 25 13. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 26 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 27 Protected Material to any person or in any circumstance not authorized under this 1 the Designating Party of the unauthorized disclosures; (b) use its best efforts to retrieve 2 all unauthorized copies of the Protected Material; (c) inform the person or persons to 3 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 4 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 5 attached hereto as Exhibit A. 6 14. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 7 PROTECTED MATERIAL 8 When a Producing Party gives notice to Receiving Parties that certain 9 inadvertently produced material is subject to a claim of privilege or other protection, 10 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 11 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 12 may be established in any e-discovery order that provides for production without prior 13 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 14 parties reach an agreement on the effect of disclosure of a communication or 15 information covered by the attorney-client privilege or work product protection, the 16 parties may incorporate their agreement in the stipulated protective order submitted to 17 the court. 18 15. MISCELLANEOUS 19 15.1 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 15.2 Rights 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 23 disclosing or producing any information or item on any ground not addressed in this 24 Stipulated Protective Order. Similarly, no Party waives any right to object on any 25 ground to use in evidence of any of the material covered by this Protective Order. 26 15.3 Filing Protected Material. A Party that seeks to file under seal any 27 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 1 Protected Material. If a Party’s request to file Protected Material under seal is denied 2 by the court, then the Receiving Party may file the information in the public record 3 unless otherwise instructed by the court. 4 16. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 7, within 60 6 days of a written request by the Designating Party, each Receiving Party must return all 7 Protected Material to the Producing Party or destroy such material, with a 8 Certification/Attestation signed by the Attorney of Record that the Receiving Party had 9 complied with their responsibilities under Section 16 of this Protective Order. As used 10 in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 11 summaries, and any other format reproducing or capturing any of the Protected 12 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 13 must submit a written certification to the Producing Party (and, if not the same person 14 or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by 15 category, where appropriate) all the Protected Material that was returned or destroyed 16 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 17 compilations, summaries or any other format reproducing or capturing any of the 18 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 19 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 20 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 21 work product, and consultant and expert work product, even if such materials contain 22 Protected Material. Any such archival copies that contain or constitute Protected 23 Material remain subject to this Protective Order as set forth in Section 7 (DURATION). 24 17. VIOLATION 25 Any violation of this Order may be punished by appropriate measures including, 26 without limitation, contempt proceedings and/or monetary sanctions. 27 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 1 || Dated: October _15_, 2021 Respectfully submitted, 2 SHOOK, HARDY & BACON L.L.P. 3 4 By: /s/Rachel A. Straus 5 AMIR M. NASSIHI

JOAN R. CAMAGONG

6 MICHAEL L. MALLOW 7 RACHEL A. STRAUS 8 9 Attorneys for Defendant

TESLA INC.

10 Dated: October 15 , 2021 Respectfully submitted, i FISH IP LAW LLP 12 13 By: /s/John van Loben Sels 14 JOHN VAN LOBEN SELS 15 16 Attorney for Plaintiff 7 ROBERT FISH 18 19 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 i dL 21 || DATED: October 15, 2021 tte. 09 OHN D. EARLY United States Magistrate Judge 23 24 25 26 27 28 16

EXHIBIT A

2 I, ____________________________ [print or type full name], of 3 __________________[print or type full address], have read and understand the 4 Stipulated Protective Order that was issued in this Action by the United States District 5 Court for the Central District of California. I agree to comply with and to be bound by 6 all the terms of this Stipulated Protective Order. In compliance with this Order, I will 7 not disclose in any manner any information or item that is subject to this Stipulated 8 Protective Order to any person or entity except in strict compliance with the 9 provisions of this Order. 10 I expressly acknowledge and agree that if I receive materials designated 11 “Highly-Confidential Attorneys Eyes Only,” I can discuss the documents and their 12 contents only with the counsel for the represented Party. I cannot share the materials 13 or their contents with any Party, even if I rely upon or refer to such information or 14 documents for any purpose in this litigation. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the sole purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this Action. 19 Pursuant to 18 U.S.C. § 1746, I declare under penalty of perjury under the laws 20 of the United States of America that the foregoing is true and correct. 21 Executed on this ____ day of ___________, 20___, at ___________________ 22 [insert city and state where signed] 23

24 Signature: ________________________ 25

26 27