Brian Klein v. Shift5, Inc.

• Court: District Court, C.D. California
• Decided: July 21, 2025
• Docket: 2:25-cv-02305
• Status: Unknown

Opinion

1 Majed Dakak (SBN 271875) mdakak@kbslaw.com 2 Wesley Sweger (SBN 352403) 3 wsweger@kbslaw.com Eda Harotounian (SBN 340963) 4 eharotounian@kbslaw.com 5 KESSELMAN BRANTLY STOCKINGER LLP 1230 Rosecrans Avenue, Suite 400 6 Manhattan Beach, CA 90266 7 Tel.: (310) 307-4555 | Fax: (310) 307-4570 8 Attorneys for Plaintiff 9 BRIAN KLEIN 10 Cynthia J. Emry (SBN 1611763) cynthia.emry@jacksonlewis.com 11 Orlando J. Arellano (SBN 234074) 12 orlando.arellano@jacksonlewis.com JACKSON LEWIS P.C. 13 725 S. Figueroa St., Suite 2800 14 Los Angeles, CA 90017 Tel.: (213) 689-0404 | Fax: (213) 689-0430 15 16 Attorneys for Defendant SHIFT5, INC. 17

18 UNITED STATES DISTRICT COURT 19 CENTRAL DISTRICT OF CALIFORNIA 20 BRIAN KLEIN, an individual; Case No. 2:25-cv-02305-CV (RAOx) 21 22 Plaintiff, STIPULATION AND PROPOSED PROTECTIVE ORDER 23

24 v. Complaint Filed: February 10, 2025 25 Removal Filed: March 14, 2025 26 SHIFT5, INC., a Delaware corporation Trial: October 13, 2026

27 Defendant. 1 1. PURPOSE AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential or 3 private information for which special protection from public disclosure and from 4 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 6 following Stipulated Protective Order. The Parties acknowledge that this Order 7 does not confer blanket protections on all disclosures or responses to discovery and 8 that the protection it affords from public disclosure and use extends only to the 9 limited information or items that are entitled to confidential treatment under the 10 applicable legal principles. 11 2. GOOD CAUSE STATEMENT 12 This Action is likely to involve confidential information including medical 13 and psychological information relating to Plaintiff, and proprietary and/or private 14 information of Defendant and/or third parties, for which special protection from 15 public disclosure and from use for any purpose other than prosecution of this 16 Action is warranted. Such confidential and proprietary materials and information 17 consist of, among other things, confidential medical records and confidential 18 psychological records, confidential business or financial information, information 19 regarding confidential business practices, or other confidential information 20 (including information implicating the privacy rights of third parties), information 21 otherwise generally unavailable to the public, and which may be privileged or 22 otherwise protected from disclosure under state or federal statutes, court rules, case 23 decisions, or common law. 24 Accordingly, to expedite the flow of information, to facilitate the prompt 25 resolution of disputes over confidentiality of discovery materials, to adequately 26 protect information the Parties are entitled to keep confidential, to ensure that the 27 Parties are permitted reasonable necessary uses of such material in preparation for 28 and in the conduct of trial, to address their handling at the end of the litigation, and 1 serve the ends of justice, a protective order for such information is justified in this 2 matter. It is the intent of the Parties that information will not be designated as 3 confidential for tactical reasons and that nothing be so designated without a good 4 faith belief that it has been maintained in a confidential, non-public manner, and 5 there is good cause why it should not be part of the public record of this case. 6 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 7 The Parties further acknowledge, as set forth in Section 14.3, below, that this 8 Stipulated Protective Order does not automatically entitle them to file confidential 9 information under seal. Local Rule 79-5 sets forth the procedures that must be 10 followed and the standards that will be applied when a party seeks permission from 11 the court to file material under seal. 12 There is a strong presumption that the public has a right of access to judicial 13 proceedings and records in civil cases. In connection with non-dispositive 14 motions, good cause must be shown to support a filing under seal. See Kamakana 15 v. City & Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. 16 Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002); Makar-Welbon v. Sony 17 Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 18 orders require good cause showing). And, a specific showing of good cause or 19 compelling reasons with proper evidentiary support and legal justification, must be 20 made with respect to Protected Material that a party seeks to file under seal. The 21 Parties’ mere designation of Disclosure or Discovery Material as 22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 23 ONLY” does not—without the submission of competent evidence by declaration 24 establishing that the material sought to be filed under seal qualifies as confidential, 25 privileged, or otherwise protectable—constitute good cause. 26 Further, if a party requests sealing related to a dispositive motion or trial, 27 then compelling reasons, not only good cause, for the sealing must be shown, and 28 the relief sought shall be narrowly tailored to serve the specific interest to be 1 protected. See Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir. 2 2010). For each item or type of information, document, or thing sought to be filed 3 or introduced under seal in connection with a dispositive motion or trial, the party 4 seeking protection must articulate compelling reasons, supported by specific facts 5 and legal justification, for the requested sealing order. Again, competent evidence 6 supporting the application to file documents under seal must be provided by 7 declaration. 8 Any document that is not confidential, privileged, or otherwise protectable in 9 its entirety will not be filed under seal if the confidential portions can be redacted. 10 If documents can be redacted, then a redacted version for public viewing, omitting 11 only the confidential, privileged, or otherwise protectable portions of the document, 12 shall be filed. Any application that seeks to file documents under seal in their 13 entirety should include an explanation of why redaction is not feasible. 14 4. DEFINITIONS 15 4.1 Action: Klein v. Shift5, Inc., 2:25-cv-02305-CV (RAOx). 16 4.2 Challenging Party: a Party or Non-Party that challenges the designation 17 of information or items under this Order. 18 4.3 “CONFIDENTIAL” Information or Items: information or tangible things 19 that qualify for protection under Federal Rule of Civil Procedure 26(c), and as 20 specified above in the Good Cause Statement. 21 4.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 22 Information or Items: extremely sensitive CONFIDENTIAL information or items, 23 the disclosure of which to another party or non-party would create a substantial 24 risk of serious harm that could not be avoided by less restrictive means. 25 4.5 Counsel: Outside Counsel of Record and In-House Counsel (as well as 26 their support staff). 27 4.6 Designating Party: a Party or Non-Party that designates information or 28 items that it produces in disclosures or in responses to discovery as 1 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 2 ONLY.” 3 4.7 Disclosure or Discovery Material: all items or information, regardless of 4 the medium or manner in which it is generated, stored, or maintained (including, 5 among other things, testimony, transcripts, and tangible things), that are produced 6 or generated in disclosures or responses to discovery in this matter. 7 4.8 Expert: a person with specialized knowledge or experience in a matter 8 pertinent to the litigation who has been retained by a Party or its counsel to serve 9 as an expert witness or as a consultant in this Action. 10 4.9 In-House Counsel: attorneys who are employees of a party to this 11 Action. In-House Counsel does not include Outside Counsel of Record or any 12 other outside counsel. 13 4.10 Non-Party: any natural person, partnership, corporation, association, or 14 other legal entity not named as a Party to this action. 15 4.11 Outside Counsel of Record: attorneys who are not employees of a party 16 to this Action but are retained to represent or advise a party to this Action and have 17 appeared in this Action on behalf of that party or are affiliated with a law firm 18 which has appeared on behalf of that party, and includes support staff. 19 4.12 Party: any party to this Action, including all of its officers, directors, 20 employees, consultants, retained experts, and Outside Counsel of Record and their 21 support staffs. 22 4.13 Producing Party: a Party or Non-Party that produces Disclosure or 23 Discovery Material in this Action. 24 4.14 Professional Vendors: persons or entities that provide litigation support 25 services (e.g., photocopying, videotaping, translating, preparing exhibits or 26 demonstrations, and organizing, storing, or retrieving data in any form or medium) 27 and their employees and subcontractors. 28 / / / 1 4.15 Protected Material: any Disclosure or Discovery Material that is 2 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 3 ATTORNEYS’ EYES ONLY.” 4 4.16 Receiving Party: a Party that receives Disclosure or Discovery Material 5 from a Producing Party. 6 5. SCOPE 7 The protections conferred by this Stipulation and Order not only Protected 8 Material (as defined above), but also (1) any information copied or extracted from 9 Protected Material; (2) all copies, excerpts, summaries, or compilations of 10 Protected Material; and (3) any testimony, conversations, or presentations by 11 Parties or their Counsel that might reveal Protected Material. 12 Any use of Protected Material at trial shall be governed by the orders of the 13 trial judge. This Order does not govern the use of Protected Material at trial, but 14 the Parties reserve the right to seek relief from the Court in connection with the 15 intended use of Confidential Information in any such hearing or trial. 16 6. DURATION 17 Even after final disposition of this litigation, the confidentiality obligations 18 imposed by this Order shall remain in effect until the Designating Party agrees 19 otherwise in writing or a court order otherwise directs. Final disposition shall be 20 deemed to be the later of (1) dismissal or all claims and defenses of this Action, 21 with or without prejudice; and (2) final judgment herein after the completion and 22 exhaustion of all appeals, rehearing, remands, trials, or reviews of this Action, 23 including the time limits for filing any motions or applications for extension of 24 time pursuant to applicable law. 25 7. DESIGNATING PROTECTED MATERIAL 26 7.1 Exercise of Restraint and Care in Designating Material for Protection. 27 Each Party or Non-Party that designates information or items for protection under 28 this Order must take care to limit any such designation to specific material that 1 qualifies under the appropriate standards. The Designating Party must designate 2 for protection only those parts of material, documents, items, or oral or written 3 communications that qualify so that other portions of the material, documents, 4 items, or communications for which protection is not warranted are not swept 5 unjustifiably within the ambit of this Order. 6 Mass, indiscriminate or routinized designations are prohibited. Designations 7 that are shown to be clearly unjustified or that have been made for an improper 8 purpose (e.g., to unnecessarily encumber the case development process or to 9 impose unnecessary expenses and burdens on other parties) may expose the 10 Designating Party to sanctions. 11 If it comes to a Designating Party’s attention that information or items that it 12 designated for protection do not qualify for protection, that Designating Party must 13 promptly notify all other Parties that it is withdrawing the inapplicable designation. 14 7.2 Manner and Timing of Designations. Except as otherwise provided in 15 this Order (see, e.g., second paragraph of Section 7.2(a) below), or as otherwise 16 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 17 under this Order must be clearly so designated before the material is disclosed or 18 produced. 19 Designation in conformity with this Order requires: 20 (a) for information in documentary form (e.g., paper or electronic 21 documents, but excluding transcripts of depositions or other pretrial or trial 22 proceedings), that the Producing Party affixes at a minimum, the legend 23 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 24 ONLY” (hereinafter “Designation Legend”), to each page that contains protected 25 material. If only a portion or portions of the material on a page qualifies for 26 protection, the Producing Party also must clearly identify the protected portion(s) 27 (e.g., by making appropriate markings in the margins). 28 / / / 1 A Party or Non-Party that makes original documents available for inspection 2 need not designate them for protection until after the inspecting Party has indicated 3 which documents it would like copied and produced. During the inspection and 4 before the designation, all of the material made available for inspection shall be 5 deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. After the 6 inspecting Party has identified the documents it wants copied and produced, the 7 Producing Party must determine which documents, or portions thereof, qualify for 8 protection under this Order. Then, before producing the specified documents, the 9 Producing Party must affix the Designation Legend to each page that contains 10 Protected Material. If only a portion or portions of the material on a page qualifies 11 for protection, the Producing Party also must clearly identify the protected 12 portion(s) (e.g., by making appropriate markings in the margins). 13 (b) for testimony given in depositions that the Designating Party identify, by 14 no later than 10 business days after receipt of the transcript of the deposition, any 15 Disclosure or Discovery Material, disclosed during the deposition or within the 16 deposition transcript. Deposition testimony shall be treated as “HIGHLY 17 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” until 10 business days after 18 receipt of the transcript of the deposition, unless the parties agree on the record that 19 the Designating Party may have additional time to review the testimony and 20 provide a Designation Legend to all or some of the testimony. Under the latter 21 circumstances, the deposition testimony shall be treated as “HIGHLY 22 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” until the Designation Legend 23 is made. 24 (c) for information produced in some form other than documentary and for 25 any other tangible items, that the Producing Party affix in a prominent place on the 26 exterior of the container or containers in which the information is stored the legend 27 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 28 ONLY.” If only a portion or portions of the information warrants protection, the 1 Producing Party, to the extent practicable, shall identify the protected portion(s). 2 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 3 failure to designate qualified information or items does not, standing alone, waive 4 the Designating Party’s right to secure protection under this Order for such 5 material. Upon timely correction of a designation, the Receiving Party must make 6 reasonable efforts to assure that the material is treated in accordance with the 7 provisions of this Order. 8 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 8.1 Timing of Challenges. Any Party or Non-Party may challenge a 10 designation of confidentiality at any time that is consistent with the Court’s 11 Scheduling Order. 12 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 13 resolution process under Local Rule 37-1 et seq. 14 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 15 joint stipulation pursuant to Local Rule 37-2. 16 8.4 The burden of persuasion in any such challenge proceeding shall be on 17 the Designating Party. Frivolous challenges, and those made for an improper 18 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 19 parties) may expose the Challenging Party to sanctions. Unless the Designating 20 Party has waived or withdrawn the confidentiality designation, all parties shall 21 continue to afford the material in question the level of protection to which it is 22 entitled under the Producing Party’s designation until the Court rules on the 23 challenge. 24 9. ACCESS TO AND USE OF PROTECTED MATERIAL 25 9.1 Basic Principles. A Receiving Party may use Protected Material that is 26 disclosed or produced by another Party or by a Non-Party in connection with this 27 Action only for prosecuting, defending, or attempting to settle this Action. Such 28 Protected Material may be disclosed only to the categories of persons and under 1 the conditions described in this Order. When the Action has been terminated, a 2 Receiving Party must comply with the provisions of Section 15 below (FINAL 3 DISPOSITION). 4 Protected Material must be stored and maintained by a Receiving Party at a 5 location and in a secure manner that ensures that access is limited to the persons 6 authorized under this Order. 7 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 8 otherwise ordered by the Court or permitted in writing by the Designating Party, a 9 Receiving Party may disclose any information or item designated 10 “CONFIDENTIAL” only to: 11 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 12 as employees of said Outside Counsel of Record to whom it is reasonably 13 necessary to disclose the information for this Action; 14 (b) the officers, directors, and employees (including In-House Counsel) of 15 the Receiving Party to whom disclosure is reasonably necessary for this Action; 16 (c) Experts (as defined in this Order) of the Receiving Party to whom 17 disclosure is reasonably necessary for this Action and who have signed the 18 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (d) the Court and its personnel; 20 (e) court reporters and their staff; 21 (f) professional trial consultants and Professional Vendors to whom 22 disclosure is reasonably necessary for this Action and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (g) the author or recipient of a document containing the information or a 25 custodian or other person who otherwise possessed or knew the information; 26 (h) during their depositions, witnesses, and attorneys for witnesses, in the 27 Action to whom disclosure is reasonably necessary provided: (1) the deposing 28 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 1 they will not be permitted to keep any confidential information unless they sign the 2 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 3 agreed by the Designating Party or ordered by the court. Pages of transcribed 4 deposition testimony or exhibits to depositions that reveal Protected Material may 5 be separately bound by the court reporter and may not be disclosed to anyone 6 except as permitted under this Stipulated Protective Order; and 7 (i) any mediator or settlement officer, and their supporting personnel, 8 mutually agreed upon by any of the parties engaged in settlement discussions. 9 9.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 10 ONLY” Information or Items. Unless otherwise ordered by the Court or permitted 11 in writing by the Designating Party, a Receiving Party may disclose any 12 information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ 13 EYES ONLY” only to: 14 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 15 as employees of said Outside Counsel of Record to whom it is reasonably 16 necessary to disclose the information for this Action; 17 (b) In-House Counsel; 18 (c) Experts (as defined in this Order) of the Receiving Party to whom 19 disclosure is reasonably necessary for this Action and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (d) the Court and its personnel; 22 (e) court reporters and their staff; 23 (f) professional trial consultants and Professional Vendors to whom 24 disclosure is reasonably necessary for this Action and who have signed the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (g) the author or recipient of a document containing the information or a 27 custodian or other person who otherwise possessed or knew the information; 28 / / / 1 (h) during their depositions, witnesses, and attorneys for witnesses, in the 2 Action to whom disclosure is reasonably necessary provided: (1) the deposing 3 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 4 they will not be permitted to keep any confidential information unless they sign the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 6 agreed by the Designating Party or ordered by the court. Pages of transcribed 7 deposition testimony or exhibits to depositions that reveal Protected Material may 8 be separately bound by the court reporter and may not be disclosed to anyone 9 except as permitted under this Stipulated Protective Order; and 10 (i) any mediator or settlement officer, and their supporting personnel, 11 mutually agreed upon by any of the parties engaged in settlement discussions. 12 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 13 PRODUCED IN OTHER LITIGATION 14 If a Party is served with a subpoena or a court order issued in other 15 litigation, or otherwise compelled to respond to a request pursuant to existing 16 independent statutory, law enforcement, national security or regulatory obligations 17 imposed on a party, that compels disclosure of any information or items designated 18 in this Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 19 ATTORNEY’S EYES ONLY,” that Party must: 20 (a) promptly notify in writing the Designating Party. Such notification shall 21 include a copy of the subpoena or court order; 22 (b) promptly notify in writing the party who caused the subpoena or order to 23 issue in the other litigation that some or all of the material covered by the subpoena 24 or order is subject to this Protective Order. Such notification shall include a copy 25 of this Stipulated Protective Order; and 26 (c) cooperate with respect to all reasonable procedures sought to be pursued 27 by the Designating Party whose Protected Material may be affected. 28 If the Designating Party timely seeks a protective order, the Party served 1 with the subpoena or court order shall not produce any information designated in 2 this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 3 ATTORNEY’S EYES ONLY” 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 7 should be construed as authorizing or encouraging a Receiving Party in this Action 8 to disobey a lawful directive from another court. 9 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 10 PRODUCED IN THIS LITIGATION 11 (a) The terms of this Order are applicable to information produced by a Non- 12 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 13 CONFIDENTIAL – ATTORNEY’S EYES ONLY.” Such information produced 14 by Non-Parties in connection with this litigation is protected by the remedies and 15 relief provided by this Order. Nothing in these provisions should be construed as 16 prohibiting a Non-Party from seeking additional protections. 17 (b) In the event that a Party is required, by a valid discovery request, to 18 produce a Non-Party’s confidential information in its possession, and the Party is 19 subject to an agreement with the Non-Party not to produce the Non-Party’s 20 confidential information, then the Party shall: 21 (1) promptly notify in writing the Requesting Party and the Non-Party 22 that some or all of the information requested is subject to a 23 confidentiality agreement with a Non-Party; 24 (2) promptly provide the Non-Party with a copy of the Stipulated 25 Protective Order in this Action, the relevant discovery request(s), and 26 a reasonably specific description of the information requested; and 27 (3) make the information requested available for inspection by the 28 Non-Party, if requested. 1 (c) If the Non-Party fails to seek a protective order from this court within 14 2 days of receiving the notice and accompanying information, the Receiving Party 3 may produce 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 5 not produce any information in its possession or control that is subject to the 6 confidentiality agreement with the Non-Party before a determination by the court. 7 Absent a court order to the contrary, the Non-Party shall bear the burden and 8 expense of seeking protection in this court of its Protected Material. 9 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 10 If a Receiving Party learns that, by inadvertence or otherwise, it has 11 disclosed Protected Material to any person or in any circumstance not authorized 12 under this Stipulated Protective Order, the Receiving Party must immediately (a) 13 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 14 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 15 the person or persons to whom unauthorized disclosures were made of all the terms 16 of this Order, and (d) request such person or persons execute the 17 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 18 A. 19 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 20 OTHERWISE PROTECTED MATERIAL 21 When a Producing Party gives notice to Receiving Parties that certain 22 inadvertently produced material is subject to a claim of privilege or other 23 protection, the obligations of the Receiving Parties are those set forth in Federal 24 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 25 whatever procedure may be established in an e-discovery order that provides for 26 production without prior privilege review. Pursuant to Federal Rule of Evidence 27 502(d) and (e), insofar as the Parties reach an agreement on the effect of disclosure 28 of a communication or information covered by applicable privileges and 1 immunities, the Parties may incorporate their agreement in the stipulated protective 2 order submitted to the Court. 3 14. MISCELLANEOUS 4 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 5 person to seek its modification by the Court in the future. 6 14.2 Right to Assert Other Objections. By stipulating to the entry of this 7 Protective Order no Party waives any right it otherwise would have to object to 8 disclosing or producing any information or item on any ground not addressed in 9 this Stipulated Protective Order. Similarly, no Party waives any right to object on 10 any ground to use in evidence of any of the material covered by this Protective 11 Order. 12 14.3 Filing Protected Material. A Party that seeks to file under seal any 13 Protected Material must comply with Local Rule 79-5. Protected Material may 14 only be filed under seal pursuant to a court order authorizing the sealing of the 15 specific Protected Material at issue. If a Party's request to file Protected Material 16 under seal is denied by the Court, then the Receiving Party may file the 17 information in the public record unless otherwise instructed by the Court. 18 15. FINAL DISPOSITION 19 After the final disposition of this Action, as defined in Section 6 20 (DURATION), within 60 days of a written request by the Designating Party, each 21 Receiving Party must return all Protected Material to the Producing Party or 22 destroy such material. As used in this subdivision, “all Protected Material” 23 includes all copies, abstracts, compilations, summaries, and any other format 24 reproducing or capturing any of the Protected Material. Whether the Protected 25 Material is returned or destroyed, the Receiving Party must submit a written 26 certification to the Producing Party (and, if not the same person or entity, to the 27 Designating Party) by the 60 day deadline that (1) identifies (by category, where 28 appropriate) all the Protected Material that was returned or destroyed and (2) 1 affirms that the Receiving Party has not retained any copies, abstracts, 2 compilations, summaries or any other format reproducing or capturing any of the 3 Protected Material. Notwithstanding this provision, Counsel are entitled to retain 4 an archival copy of all pleadings, motion papers, trial, deposition, and hearing 5 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 6 reports, attorney work product, and consultant and expert work product, even if 7 such materials contain Protected Material. Any such archival copies that contain 8 or constitute Protected Material remain subject to this Protective Order as set forth 9 in Section 6 (DURATION). 10 16. VIOLATION 11 Any violation of this Order may be punished by appropriate measures 12 including, and without limitation, contempt proceedings and/or monetary 13 sanctions. 14 / / / 15 / / / 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 DATED: July 17, 2025 KESSELMAN BRANTLY STOCKINGER LLP 3 MAJED DAKAK 4 WESLEY SWEGER EDA HAROTOUNIAN 5

6 By: /s/ Majed Dakak Majed Dakak 7 Attorneys for Plaintiff, 8 Brian Klein

10 DATED: July 17, 2025 JACKSON LEWIS P.C. 11 CYNTHIA EMRY 12 ORLANDO ARELLANO

13 By: /s/ Orlando Arellano 14 Orlando Arellano Attorneys for Defendant, 15 Shift5, Inc. 16 17 18 19 ATTESTATION UNDER LOCAL RULE 5-4.3.4(a)(2)(i) 20 Pursuant to Civil Local Rule 5-4.3.4(a)(2)(i), I attest that concurrence in the 21 filing of this document has been obtained from each of the signatories above. 22 23 DATED: July 17, 2025 KESSELMAN BRANTLY STOCKINGER LLP

25 By: /s/ Majed Dakak Majed Dakak 26 Attorney for Plaintiff, 27 Brian Klein 28 1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3||/DATED: 7/21/2025, 4 +

6 || HON. ROZELLA A. OLIVER , United States Magistrate Judge

8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ________________________________________ [print or type full name], of 4 ________________________________________________________ [print or 5 type full address], declare under penalty of perjury that I have read in its entirety 6 and understand the Stipulated Protective Order that was issued by the United States 7 District Court for the Central District of California on _________________ [date] 8 in the case of Klein v. Shift5, Inc., Case No. 2:25-cv-02305-CV (RAOx). I agree to 9 comply with and to be bound by all the terms of this Stipulated Protective Order 10 and I understand and acknowledge that failure to so comply could expose me to 11 sanctions and punishment in the nature of contempt. I solemnly promise that I will 12 not disclose in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the 14 provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District 16 Court for the Central District of California for the purpose of enforcing the terms 17 of this Stipulated Protective Order, even if such enforcement proceedings occur 18 after termination of this action. I hereby appoint ___________________________ 19 [print or type full name] of ____________________________________________ 20 __________________________________________________ [print or type full 21 address and telephone number] as my California agent of service of process in 22 connection with this action or any proceedings related to enforcement of this 23 Stipulated Protective Order. 24 Date: ___________________ 25 City and State where sworn and signed: __________________________________ 26 27 Printed name: ____________________________ 28 Signature: _______________________________