Hughes v. Apple, Inc.

Opinion

TIFFANY CHEUNG (CA SBN 211497) Gillian L. Wade, State Bar No. 229124 TCheung@mofo.com gwade@waykayslay.com JULIE Y. PARK (CA SBN 259929) Sara D. Avila, State Bar No. 263213 JuliePark@mofo.com sara@waykayslay.com CLAUDIA M. VETESI (CA SBN 233485) Collins Kilgore, State Bar No. 295084 CVetesi@mofo.com ckilgore@waykayslay.com MELODY E. WONG (CA SBN 341494) Marc A. Castaneda, State Bar No. 299001 MelodyWong@mofo.com mcastaneda@waykayslay.com MORRISON & FOERSTER LLP WADE KILPELA SLADE, LLP 425 Market Street 2450 Colorado Ave., Ste. 100E San Francisco, California 94105-2482 Santa Monica, California 90404 Telephone: 415.268.7000 Tel: (310) 667-7273 Facsimile: 415.268.7522 Fax: (424) 276-0473

JOCELYN E. GREER (admitted pro hac vice) JGreer@mofo.com Attorneys for Plaintiffs individually and MORRISON & FOERSTER LLP on behalf of all others similarly situated 250 West 55th Street New York, New York 10019-9601 Telephone: 212.468.8000 Facsimile: 212.468.7900 Attorneys for Defendant APPLE INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

LAUREN HUGHES, et al., on behalf of themselves and all others similarly situated, Case No. 3:22-CV-07668-VC

Plaintiff, [PROPOSED] STIPULATED PROTECTIVE ORDER REGARDING THE v. DISCLOSURE AND USE OF DISCOVERY APPLE INC., a California corporation, MATERIALS

Judge: Hon. Vince Chhabria Defendant. Magistrate Judge: Hon. Thomas S. Hixson

1. PURPOSES AND LIMITATIONS Plaintiffs and Defendant Apple Inc. (“Defendant,” and collectively with Plaintiffs, the “Parties”) anticipate that disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, trade secret, commercially sensitive and/or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the Parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order Regarding the Disclosure and Use of Discovery Materials (“Protective Order” or “Order”). Pursuant to Paragraph 19 of the Court’s Civil Standing Order, the proposed Order is based on the standard model order for the Northern District. The Parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal. Protected Material designated under the terms of this Protective Order shall be used solely by a Receiving Party for this case as set forth in Section 8, and shall not be used directly or indirectly for any other purpose whatsoever. 2. DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c). 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” 2.5 Disclosure or Discovery Material: all items or information, including from any Non-Party, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter. 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action and who is (a) not a current officer, director, or employee of a competitor of a Party, nor anticipated at the time of retention to become an officer, director, or employee of a competitor of a Party; and (b) not involved in competitive decision-making, as defined by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a competitor of a Party. 2.7 House Counsel: attorneys who are employees of a party to this action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.9 Outside Counsel of Record: attorneys, and attorneys’ staff to whom it is reasonably necessary to disclose the information for this litigation, who are not employees of a party to this action but are retained to represent or advise a party to this action and have appeared in this action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 2.10 Party: any party to this action, including all of its officers, directors, employees, consultants, retained Experts, and Outside Counsel of Record (and their support staffs). “Party,” however, does not include any members of the putative class(es) other than the named plaintiffs in this action (Lauren Hughes, Brittany Alowonle, Rita Araujo, Joel Biedleman, Cheriena Ben, Lyris Brady, Gail Burke, Lisa Castle, Paola Dees, Carla Epps, Renata Fernandes, Desiree Freeman, Frank Freeman, Tonya Harris, Roger Derick Hembd, Vincent Hopkins, Dorothy Horn, Hollye Humphreys, Sofia Hussein, Jessica Johnson, Jamie Kacz, John Kirkman, Jesseca Lane, Cody Lovins, Pamyla Luan, Marissa Maginnis, Anthony Montanaro, Kristen Morris, Erin Murrell, Aine O’Neill, Clara Rintoul, Natalia Witherell Sametz, Laprecia Sanders, Karry Schuele, Jacqueline Ward, Chelsea Williams and five plaintiffs identified as “Jane Doe”). Should additional pleadings naming additional individuals as named plaintiffs be filed, such individually named plaintiffs will also be included within the definition of “Party” for purposes of this Order. 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 2.12 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors. 2.13 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” as provided for in this Order. Protected Material shall not include: (i) advertising materials that have been actually published or publicly disseminated; and (ii) materials that show on their face they have been disseminated to the public. 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 3. COMPUTATION OF TIME The computation of any period of time prescribed or allowed by this Order shall be governed by the provisions for computing time set forth in Federal Rule of Civil Procedure 6. 4. SCOPE The protections conferred by this Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel in court or in other settings that might reveal Protected Material. However, the protections conferred by this Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order, including becoming part of the public record through trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. In addition, nothing in this Order shall (i) prevent or restrict a Producing Party’s own disclosure or use of its own Protected Material for any purpose, and nothing in this Order shall preclude any Party from showing Protected Material to an individual who prepared the Protected Material; and (ii) be construed to prejudice any Party’s right to use any Protected Material in court or in any court filing with the consent of the Producing Party or by order of the Court. This Order is entered without prejudice to the right of any Party to seek further or additional protection of any Discovery Material or to modify this Order in any way, including, without limitation, an order that certain matter not be produced at all. 5. DURATION Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any motions or applications for extension of time pursuant to applicable law. 6. DESIGNATING PROTECTED MATERIAL 6.1 Available Designations. Any Producing Party may designate Discovery Material with any of the following designations, provided that it meets the requirements for such designations as provided for herein: “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” 6.2 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. The Designating Party must designate for protection only those parts of material, documents, items, or oral or written communications that qualify – so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case development process or to impose unnecessary expenses and burdens on other parties) expose the Designating Party to sanctions. If it comes to a Designating Party’s attention that information or items that it designated for protection do not qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the mistaken designation. 6.3 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 6.3(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. Designation in conformity with this Order requires: (a) For information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains protected material. A Party or Non-Party that makes original documents or materials available for inspection need not designate them for protection until after the inspecting Party has indicated which material it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). (b) for native files: Where electronic files and documents are produced in native electronic format, such electronic files and documents shall be designated for protection under this Order by appending to the file names or designators information indicating whether the file contains “CONFIDENTIAL” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” material, or shall use any other reasonable method for so designating Protected Materials produced in electronic format. When electronic files or documents are printed for use at deposition or in a court proceeding, the party printing the electronic files or documents shall affix a legend to the printed document corresponding to the designation of the Designating Party and including the production number and designation associated with the native file. If a Party uses at a deposition a .tiff, .pdf, or other image format version of a native document, that Party shall, upon request, provide a copy of the native file to counsel for the witness and all Parties in attendance who are entitled to review the document pursuant to this Protective Order. (c) for depositions and testimony given other pretrial or trial proceedings, that the Designating Party identify on the record at the time the testimony is given or by sending written notice of how portions of the transcript of the testimony is designated within thirty (30) days of receipt of the transcript of the testimony. If no indication on the record is made, all information disclosed during a deposition shall be deemed “CONFIDENTIAL– ATTORNEYS’ EYES ONLY” until the time within which it may be appropriately designated as provided for herein has passed. Any Party that wishes to disclose the transcript, or information contained therein, may provide written notice of its intent to treat the transcript as non-confidential, after which time, any Party that wants to maintain any portion of the transcript as confidential must designate the confidential portions within fourteen (14) days, or else the transcript may be treated as non- confidential. Any Protected Material that is used in the taking of a deposition shall remain subject to the provisions of this Protective Order, along with the transcript pages of the deposition testimony dealing with such Protected Material. In such cases the court reporter shall be informed of this Protective Order and shall be required to operate in a manner consistent with this Protective Order. In the event the deposition is videotaped, the original and all copies of the videotape shall be marked by the video technician to indicate that the contents of the videotape are subject to this Protective Order, substantially along the lines of “This videotape contains confidential testimony used in this case and is not to be viewed or the contents thereof to be displayed or revealed except pursuant to the terms of the operative Protective Order in this matter or pursuant to written stipulation of the parties.” Counsel for any Producing Party shall have the right to exclude from oral depositions, other than the deponent, deponent’s counsel, the reporter and videographer (if any), any person who is not authorized by this Protective Order to receive or access Protected Material based on the designation of such Protected Material. Such right of exclusion shall be applicable only during periods of examination or testimony regarding such Protected Material. (d) for information produced in some form other than documentary and for any other tangible items, that the Producing Party affix in a prominent place on the exterior of the container or containers in which the information or item is stored the legend “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” If only a portion or portions of the information or item warrant protection, the Producing Party, to the extent practicable, shall identify the protected portion(s). 6.4 Inadvertent Failures to Designate. (a) The inadvertent failure by a Producing Party to designate Discovery Material as Protected Material with one of the designations provided for under this Order shall not waive any such designation provided that the Producing Party notifies all Receiving Parties that such Discovery Material is protected under one of the categories of this Order within thirty (30) days of the Producing Party learning of the inadvertent failure to designate. The Producing Party shall reproduce the Protected Material with the correct confidentiality designation within seven (7) days upon its notification to the Receiving Parties. Upon receiving the Protected Material with the correct confidentiality designation, the Receiving Parties shall return or securely destroy all Discovery Material that was not designated properly. (b) A Receiving Party shall not be in breach of this Order for any use of such Discovery Material before the Receiving Party receives such notice that such Discovery Material is protected under one of the categories of this Order, unless an objectively reasonable person would have realized that the Discovery Material should have been appropriately designated with a confidentiality designation under this Order. Once a Receiving Party has received notification of the correct confidentiality designation for the Protected Material with the correct confidentiality designation, the Receiving Party shall treat such Discovery Material (subject to the exception in Paragraph 17(c) below) at the appropriately designated level pursuant to the terms of this Order.

7. DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 7.1 A Producing Party may designate Discovery Material as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” if it contains or reflects information that is extremely confidential and/or sensitive in nature and the Producing Party reasonably believes that the disclosure of such Discovery Material is likely to cause economic harm or significant competitive disadvantage to the Producing Party. The Parties agree that the following information, if non-public, shall be presumed to merit the “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation: trade secrets, pricing information, financial data, sales information, sales or marketing forecasts or plans, business plans, sales or marketing strategy, product development information, engineering documents, testing documents, employee information, other non-public information of similar competitive and business sensitivity, and health treatment records, including but not limited to protected health information. 7.2 Unless otherwise ordered by the Court, Discovery Material designated as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed only to: (a) The Receiving Party’s Outside Counsel, provided that such Outside Counsel is not involved in competitive decision-making, as defined by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a competitor of a Party, and such Outside Counsel’s immediate paralegals and staff, and any copying or clerical litigation support services working at the direction of such counsel, paralegals, and staff; (b) Any outside expert or consultant retained by the Receiving Party to assist in this action, provided that disclosure is only to the extent necessary to perform such work; and provided that: (a) such expert or consultant has agreed to be bound by the provisions of the Protective Order by signing a copy of Exhibit A-1; (b) such expert or consultant is not a current officer, director, or employee of a Party or of a competitor of a Party, nor anticipated at the time of retention to become an officer, director, or employee of a Party or of a competitor of a Party; (c) such expert or consultant is not involved in competitive decision-making, as defined by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a competitor of a Party; and (d) such expert or consultant accesses the materials in the United States only, and does not transport them to or access them from any foreign jurisdiction; (c) Court reporters, stenographers and videographers retained to record testimony taken in this action; (d) The Court, jury, and court personnel; (e) Graphics, translation, design, and/or trial consulting personnel, having first agreed to be bound by the provisions of the Protective Order by signing a copy of Exhibit A; (f) Any mediator who is assigned to hear this matter, and his or her staff, subject to their agreement to maintain confidentiality to the same degree as required by this Protective Order; and (g) Any other person with the prior written consent of the Producing Party, who has agreed to be bound by the provisions of the Protective Order by signing a copy of Exhibit A. 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 8.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a confidentiality designation by electing not to mount a challenge promptly after the original designation is disclosed. 8.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by providing written notice of each designation it is challenging and describing the basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the challenge to confidentiality is being made in accordance with this specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging Party must explain with particularity the basis for its belief that the confidentiality designation was not proper and must give the Designating Party an opportunity to review the designated material, to reconsider the circumstances, and, if no change in designation is offered, to explain the basis for the chosen designation with particularity. A Challenging Party may proceed to the next stage of the challenge process only if it has engaged in this meet and confer process first or establishes that the Designating Party is unwilling to participate in the meet and confer process in a timely manner. 8.3 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a motion including the required declaration within 21 days (or 14 days, if applicable) shall automatically waive the confidentiality designation for each challenged designation. In addition, the Challenging Party may file a motion challenging a confidentiality designation at any time if there is good cause for doing so, including a challenge to the designation of a deposition transcript or any portions thereof. Any motion brought pursuant to this provision must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer requirements imposed by the preceding paragraph. The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the Designating Party has waived the confidentiality designation by failing to file a motion to retain confidentiality as described above, all parties shall continue to afford the material in question the level of protection to which it is entitled under the Producing Party’s designation until the court rules on the challenge or the challenge is withdrawn in writing. 9. ACCESS TO AND USE OF PROTECTED MATERIAL 9.1 (a) Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this case only for prosecuting, defending, or attempting to settle this litigation or any related appellate proceeding. Such Protected Material may be disclosed only to the categories of persons and under the conditions described in this Order. When the litigation has been terminated, a Receiving Party must comply with the provisions of section 16 below (FINAL DISPOSITION). (b) Secure Storage, No Export. Protected Material must be stored and maintained by a Receiving Party at a location in the United States and in a secure manner that reasonably ensures that access is limited to the persons authorized under this Order. Nothing in Paragraph 9(b) shall preclude parties bound by this Protected Order from accessing Protected Material remotely. (c) Legal Advice Based on Protected Material. Nothing in this Protective Order shall be construed to prevent counsel from advising their clients with respect to this case based in whole or in part upon Protected Materials, provided counsel does not disclose the Protected Material itself except as provided in this Order. (d) Limitations. Nothing in this Order shall restrict in any way a Producing Party’s use or disclosure of its own Protected Material. Nothing in this Order shall restrict in any way the use or disclosure of Discovery Material by a Receiving Party: (i) that is or has become publicly known through no fault of the Receiving Party; (ii) that is lawfully acquired by or known to the Receiving Party independent of the Producing Party; (iii) previously produced, disclosed and/or provided by the Producing Party to the Receiving Party or a non-party without an obligation of confidentiality and not by inadvertence or mistake; (iv) with the consent of the Producing Party; or (v) pursuant to order of the Court. 9.2 Disclosure of “CONFIDENTIAL” Information or Items. A Producing Party may designate Discovery Material as “CONFIDENTIAL” if it contains or reflects confidential, proprietary, and/or commercially sensitive information, including but not limited to trade secrets, pricing information, financial data, sales information, sales or marketing forecasts, business plans, sales or marketing strategy, product development information, engineering documents, testing documents, employee information, other non-public information of similar competitive and business sensitivity, and health treatment records, including but not limited to protected health information. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A; (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed the Expert/Consultant Acknowledge of Confidentiality and Agreement to be Bound by Protective Order,” attached as Exhibit A-1”; (d) the court and its personnel; (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (f) during their depositions, witnesses in the action to whom disclosure is reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Protective Order. (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) any mediator who is assigned to hear this matter, and his or her staff, subject to their agreement to maintain confidentiality to the same degree as required by this Protective Order; and (i) any other person with the prior written consent of the Producing Party. (j) Before any “CONFIDENTIAL” information, or substance or summary thereof, shall be disclosed to an Expert, the Expert shall sign and abide by the terms of the “Expert/Consultant Acknowledge of Confidentiality and Agreement to be Bound by Protective Order,” attached as Exhibit A-1, the terms of which are incorporated herein. An Expert may make an application to the Court with advance notice and based upon a showing of good cause for modification of, or relief from, the obligations of Expert/Consultant Acknowledgment of Confidentiality and Agreement to Be Bound by Protective Order (Exhibit A-1) prior to the review of any “CONFIDENTIAL” information. 9.3 Discovery from Experts. Absent good cause, drafts of reports of testifying experts, and reports and other written materials, including drafts, or consulting experts, shall not be discoverable. Reports and materials exempt from discovery under this Paragraph shall be treated as attorney work product for the purpose of this case and Protective Order. Nothing in Paragraph 9.3 shall alter the applicable standards governing disclosure under Federal Rule of Civil Procedure 26(b). 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 10.1 If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this action as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” that Party must: (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 10.2 s 10.3 If the Designating Party timely seeks a protective order, the Party served with the subpoena or court order shall not produce any information designated in this action as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” before a determination by the court from which the subpoena or order issued, unless the Party has obtained the Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking protection in that court of its confidential material – and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another court. 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 11.1 The terms of this Order are applicable to information produced by a Non-Party in this action and designated as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. 11.2 In the event that a Party is required, by a valid discovery request, to produce a Non- Party’s confidential information in its possession, and the Party is subject to an agreement with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: (a) promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; (b) promptly provide the Non-Party with a copy of the Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific description of the information requested; and (c) make the information requested available for inspection by the Non-Party. 11.3 If the Non-Party fails to object or seek a protective order from this court within 14 days of receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a protective order, the Receiving Party shall not produce any information in its possession or control that is subject to the confidentiality agreement with the Non-Party before a determination by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this court of its Protected Material. 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12.1 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any person or in any circumstance not authorized under this Protective Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material and to ensure that no further or greater unauthorized disclosure and/or use thereof is made, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 12.2 Unauthorized or inadvertent disclosure does not change the status of Discovery Material or waive the right to hold the disclosed document or information as Protected. 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 13.1 Pursuant to Federal Rule of Evidence 502(d) and (e), the inadvertent production by a Party of Discovery Material subject to the attorney-client privilege, work product doctrine, or any other applicable privilege or protection, despite the Producing Party's reasonable efforts to pre-screen such Discovery Material prior to production, will not waive the applicable privilege and/or protection in this case or in any other federal or state proceeding. For example, the mere production of a privileged or work product protected document in this case as part of a production is not itself a waiver. Nothing in this Order shall be interpreted to require disclosure of irrelevant information or relevant information protected by the attorney-client privilege, work product doctrine, or any other applicable privilege or immunity. The Parties do not waive any objections as to the production, discoverability, admissibility, or confidentiality of documents and electronically stored information. Moreover, nothing in this Order shall be interpreted to require disclosure of information subject to privacy protections as set forth in law or regulation, including information that may need to be produced from outside of the United States and/or may be subject to foreign laws. 13.2 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). The Receiving Parties must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the Receiving Party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The Producing Party must preserve the information until the claim is resolved. 13.3 Nothing herein shall prevent the Receiving Party from preparing a record for its own use containing the date, author, addresses, and topic of the inadvertently produced Discovery Material and such other information as is reasonably necessary to identify the Discovery Material and describe its nature to the Court in any motion to compel production of the Discovery Material. 14. DATA SECURITY 14.1 Receiving Party shall implement or maintain reasonable data security practices and policies to safeguard Protected Materials and minimize the risk of unauthorized access, including reasonable and appropriate administrative, physical, and technical safeguards, and network security and encryption technologies governed by written policies and procedures, which shall comply with best practices and industry standards. The Parties shall implement multi-factor authentication1 for any access to Protected Materials and implement encryption of all Protected Materials in transit outside of network(s) covered by the Party’s data security practices and policies (and at rest, where reasonably practical).

1 Multi-factor authentication is “[a]uthentication using two or more factors to achieve authentication. Factors are (i) something you know (e.g., password/personal identification number); (ii) something you have (e.g., cryptographic identification device, token); and (iii) something you are (e.g., biometric).” National Institute of Standards and Technology (NIST), Special Publication SP 1800-12, Appendix B at 63, available at https://nvlpubs.nist.gov/nistpubs/SpecialPublications/ NIST.SP.1800-12.pdf; see also NIST, Special Publication 800-53, at 132, available at https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r5.pdf. 14.2 If Receiving Party becomes aware of any unauthorized access, use, or disclosure of Protected Materials or devices containing Protected Materials (“Data Breach”), Receiving Party shall promptly, and in no case later than five (5) days after learning of the Data Breach, and to the extent permitted by law enforcement, notify Producing Party in writing and fully cooperate with Producing Party as may be reasonably necessary to (a) determine the source, extent, or methodology of such Data Breach, and/or (b) to recover or to protect Protected Materials. Receiving Party further agrees to reasonably cooperate with Producing Party, as may be necessary for Producing Party to fulfill any notice obligations Producing Party may owe to non-parties in connection with Protected Materials. For the avoidance of doubt, notification obligations under this Section arise when the Receiving Party both (a) learns of a Data Breach, and (b) learns that any of the Producing Party’s Protected Materials are potentially subject to the Data Breach. The notification obligations set forth in this Section do not run from the time the Data Breach itself. 14.3 Receiving Party shall promptly comply with Producing Party’s reasonable request(s) that Receiving Party investigate, remediate, and mitigate the effects of a Data Breach and any potential recurrence and take all reasonable steps to terminate and prevent unauthorized access. For the avoidance of doubt, nothing in this Section is intended to create a waiver of any applicable privileges, including privileges applicable to a Party’s investigation and remediation of a Data Breach. 14.4 If Receiving Party is aware of a Data Breach, the Parties shall meet and confer in good faith regarding any adjustments that should be made to the discovery process and discovery schedule in this action, potentially including but not limited to (1) additional security measures to protect Discovery Material; (2) a stay or extension of discovery pending investigation of a Data Breach and/or implementation of additional security measures; and (3) a sworn assurance that Discovery Materials will be handled in the future only by entities not impacted by the Data Breach. Further, the Receiving Party shall submit to reasonable discovery concerning the Data Breach. 14.5 Receiving Party shall comply with this Section and any applicable security, privacy, data protection, or breach notification laws, rules, regulations, or directives (“Applicable Data Law”). If Receiving Party is uncertain whether a particular practice would conform with the requirements of this Section, it may meet and confer with the other Parties; if any Party believes that the proposed practice would violate this Protective Order, it may, within 10 business days, bring the dispute to the Court. The Party challenging the proposed practice would bear the burden of demonstrating a violation. 15. MISCELLANEOUS 15.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. By stipulating to this Order, the Parties do not waive the right to argue that certain material may require additional or different confidentiality protections than those set forth herein. 15.2 Termination of Matter and Retention of Jurisdiction. The Parties agree that the terms of this Protective Order shall survive and remain in effect after the Final Determination of the above-captioned matter. The Court shall retain jurisdiction after Final Determination of this matter to hear and resolve any disputes arising out of this Protective Order. 15.3 Right to Assert Other Objections. By stipulating to the entry of this Protective Order, no Party waives any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this Protective Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of the material covered by this Protective Order. 15.4 Filing Protected Material. Without written permission from the Designating Party or a court order secured after appropriate notice to all interested persons, a Receiving Party may not file in the public record in this action any Protected Material. A Party that seeks to file under seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a Receiving Party's request to file Protected Material under seal pursuant to Civil Local Rule 79-5 is denied by the court, then the Receiving Party may file the information in the public record pursuant to Civil Local Rule 79-5 unless otherwise instructed by the court. 16. FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in paragraph 4, each Receiving Party must return all Protected Material to the Producing Party or destroy such material. For purposes of this Order, “Final Disposition” occurs after an order, mandate, or dismissal finally terminating the above-captioned action with prejudice, including all appeals. As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that affirms that all the Protected Material that was returned to the Producing Party or destroyed. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product (but not document production), even if such materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 5 (DURATION).

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

DATED: April 11, 2025 WADE KILPELA SLADE, LLP

/s/ Collins Kilgore Gillian L. Wade David Slade Sara D. Avila Collins Kilgore Attorneys for Plaintiffs Lauren Hughes et al. MORRISON & FOERSTER LLP

/s/ Tiffany Cheung Tiffany Cheung Julie Y. Park Claudia M. Vetesi Jocelyn E. Greer Attorneys for Defendant Apple Inc.

ECF ATTESTATION I, TIFFANY CHEUNG, the ECF User whose ID and password are being used to file this STIPULATED PROTECTIVE ORDER, in compliance with Civil Local Rule 5-1(1)(3), hereby attest that counsel for Plaintiffs has concurred in this filing.

Dated: April 11, 2025 TIFFANY CHEUNG MORRISON & FOERSTER LLP

By: /s/ Tiffany Cheung Tiffany Cheung Attorneys for Defendant APPLE INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: April 11, 2025 TAN - | □□ f- Honorable Thomas S. Hixson United States Magistrate Judge

STIPULATED PROTECTIVE ORDER CASE NO. 3:22-CV-07668-VC 22

EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, _____________________________ [print or type full name], of _________________ [print or type full address], acknowledge and declare under penalty of perjury that I have read in its entirety and understand the Protective Order that was issued by the United States District Court for the Northern District of California on [date] in the case of Hughes v. Apple Inc., No. 3:22-cv-07668-VC. I agree to comply with and to be bound by all the terms of this Protective Order and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Protective Order to any person or entity except in strict compliance with the provisions of this Order. I further consent to the jurisdiction of the United States District Court for the Northern District of California for the purpose of enforcing the terms of this Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint __________________________ [print or type full name] of _______________________________________ [print or type full address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order. Name of individual: Present occupation/job description:

Name of Company or Firm: Address: Date: ______________________________________ City and State where sworn and signed: _________________________________ Printed name: ___________________ Signature: ___________________________ EXHIBIT A-1

EXPERT/CONSULTANT ACKNOWLEDGEMENT OF CONFIDENTIALITY AND AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

I, _________________________, declare: 1. I reside at _____________________________________________ 2. I have read the Protective Order Regarding The Disclosure and Use of Discovery Material (“Order”) in Hughes, et al. v. Apple Inc., Civil Action No. 3:22-cv-07668-VC, pending in the Northern District of California. 3. I am familiar with the contents of the Order and agree to comply and be bound by the provisions thereof. 4. I will not divulge to persons other than those specifically authorized by the Order, and will not copy or use except solely for the purposes of this litigation and only as expressly permitted by the terms of the Order, any Confidential information obtained pursuant to the Order. 5. By signing below, I hereby agree to submit to the jurisdiction of the United States District Court for the Northern District of California for resolving any and all disputes regarding the Order and this Acknowledgment of Confidentiality. I further agree that any and all disputes regarding the Order and this Acknowledgment of Confidentiality shall be governed by the laws of the State of California, and that the district court for the Northern District of California shall be the sole and exclusive venue for resolving any disputes arising from the Order and this Acknowledgment of Confidentiality. 6. By signing below, I hereby confirm that I am not currently and do not currently anticipate becoming an officer, director, or employee of, providing any form of consulting services to, or becoming involved in any competitive decision-making on behalf of any competitor of any Party with respect to the subject matter of this suit (including any product or design specifications). I further agree that: (1) during the pendency of these proceedings I shall not accept any position as an employee, officer, or director of any competitor of any Party in a position that would foreseeably result in an improper use of the Producing Party’s “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information (e.g., working for a competing producer of tracking

devices on products that compete with AirTag); and (2) I shall not at any time, either during the pendency of these proceedings or after conclusion of these proceedings, use or divulge any of the Confidential information made available to me pursuant to the Order except solely for the purposes of this litigation. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on______________________________ at ___________________

__________________________________

Name:

Address: Exhibit A (Redline & Explanatory Comments) 1 TIFFANY CHEUNG (CA SBN 211497) Gillian L. Wade, State Bar No. 229124 TCheung@mofo.com gwade@waykayslay.com 2 JULIE Y. PARK (CA SBN 259929) Sara D. Avila, State Bar No. 263213 JuliePark@mofo.com sara@waykayslay.com 3 CLAUDIA M. VETESI (CA SBN 233485) Collins Kilgore, State Bar No. 295084 CVetesi@mofo.com ckilgore@waykayslay.com 4 MELODY E. WONG (CA SBN 341494) Marc A. Castaneda, State Bar No. 299001 MelodyWong@mofo.com mcastaneda@waykayslay.com 5 MORRISON & FOERSTER LLP WADE KILPELA SLADE, LLP 425 Market Street 2450 Colorado Ave., Ste. 100E 6 San Francisco, California 94105-2482 Santa Monica, California 90404 Telephone: 415.268.7000 Tel: (310) 667-7273 7 Facsimile: 415.268.7522 Fax: (424) 276-0473 8 JOCELYN E. GREER (admitted pro hac vice) JGreer@mofo.com Attorneys for Plaintiffs individually and 9 MORRISON & FOERSTER LLP on behalf of all others similarly situated 250 West 55th Street 10 New York, New York 10019-9601 Telephone: 212.468.8000 11 Facsimile: 212.468.7900 12 Attorneys for Defendant APPLE INC. 13 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 LAUREN HUGHES, et al., on behalf of Case No. 3:22-CV-07668-VC themselves and all others similarly situated, 19 MODEL [PROPOSED] STIPULATED Plaintiff, PROTECTIVE ORDER 20 (for standard litigation)REGARDING THE v. DISCLOSURE AND USE OF DISCOVERY 21 MATERIALS APPLE INC., a California corporation, 22 Judge: Hon. Vince Chhabria Magistrate Judge: Hon. Thomas S. Hixson 23 Defendant. 24 25 1. 1. PURPOSES AND LIMITATIONS 26 DisclosurePlaintiffs and Defendant Apple Inc. (“Defendant,” and collectively with 27 Plaintiffs, the “Parties”) anticipate that disclosure and discovery activity in this action are likely to 28 STIPULATED PROTECTIVE ORDER CASE NO. 3:22-CV-07668-VC 1 involve production of confidential, proprietary, trade secret, commercially sensitive and/or private 2 information for which special protection from public disclosure and from use for any purpose other 3 than prosecuting this litigation may be warranted. Accordingly, the partiesParties hereby stipulate 4 to and petition the court to enter the following Stipulated Protective Order. Regarding the 5 Disclosure and Use of Discovery Materials (“Protective Order” or “Order”). Pursuant to Paragraph 6 19 of the Court’s Civil Standing Order, the proposed Order is based on the standard model order 7 for the Northern District; attached hereto as Exhibit A is a redline indicating where this Order 8 deviates from the Northern District’s model order. 9 The partiesParties acknowledge that this Order does not confer blanket protections on all 10 disclosures or responses to discovery and that the protection it affords from public disclosure and 11 use extends only to the limited information or items that are entitled to confidential treatment under 12 the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 13 that this Stipulated Protective Order does not entitle them to file confidential information under 14 seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that 15 will be applied when a party seeks permission from the court to file material under seal. Protected 16 Material designated under the terms of this Protective Order shall be used solely by a Receiving 17 Party for this case as set forth in Section 8, and shall not be used directly or indirectly for any other 18 purpose whatsoever. 19 2. 2. DEFINITIONS 20 2.1 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 21 information or items under this Order. 22 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 23 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 24 of Civil Procedure 26(c). 25 2.3 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel 26 (as well as their support staff). 27 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 22 1 2.4 2.4 Designating Party: a Party or Non-Party that designates information or 2 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” or 3 “CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” 4 2.5 2.5 Disclosure or Discovery Material: all items or information, including from 5 any Non-Party, regardless of the medium or manner in which it is generated, stored, or maintained 6 (including, among other things, testimony, transcripts, and tangible things), that are produced or 7 generated in disclosures or responses to discovery in this matter. 8 2.6 2.6 Expert: a person with specialized knowledge or experience in a matter 9 pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert 10 witness or as a consultant in this action. and who is (a) not a current officer, director, or employee 11 of a competitor of a Party, nor anticipated at the time of retention to become an officer, director, 12 or employee of a competitor of a Party; and (b) not involved in competitive decision-making, as 13 defined by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a 14 competitor of a Party. C froo mm tm hee Nn .t De .d C [ aA l.1 m] o: dT eh l i Ps Ola n fog ru hag ige h i ls y s sl eig nh sit tl iy v m e co od nif fi ie dd e nla tin ag l uage information. See Model Protective Order Involving Highly 15 2.7 2.7 House Counsel: attorneys who are employees of a party to this action. Sensitive Information (“Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who (1) has been 16 House Counsel does not include Outside Counsel of Record or any other outside counsel. r ce ot na sin ue ltd a nb ty i na tP ha ir st y a co tir o i nts , (c 2o )u in ss nel o tto a s pe ar sv te o a rs c a un r re ex np t e er mt w pli otn ye es es o o fr a a s a Party or of a Party’s competitor, and (3) at the time of retention, is 17 2.8 2.8 Non-Party: any natural person, partnership, corporation, association, or n coo mt a pn et ti ic ti op ra .”te ).d to become an employee of a Party or of a Party’s 18 other legal entity not named as a Party to this action. 19 2.9 2.9 Outside Counsel of Record: attorneys, and attorneys’ staff to whom it is 20 reasonably necessary to disclose the information for this litigation, who are not employees of a C sto afm f (m e.ge .n , pt ae rd al e[ gA a2 ls] ): a T reh e c op va er rti ee ds uw na dn et r t to h ee n Ps Our . e that their counsel’s 21 party to this action but are retained to represent or advise a party to this action and have appeared 22 in this action on behalf of that party or are affiliated with a law firm which has appeared on behalf 23 of that party. 24 2.10 2.10 Party: any party to this action, including all of its officers, directors, 25 employees, consultants, retained expertsExperts, and Outside Counsel of Record (and their support 26 staffs). “Party,” however, does not include any members of the putative class(es) other than the 27 named plaintiffs in this action (Lauren Hughes, Brittany Alowonle, Rita Araujo, Joel Biedleman, 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 33 1 Cheriena Ben, Lyris Brady, Gail Burke, Lisa Castle, Paola Dees, Carla Epps, Renata Fernandes, 2 Desiree Freeman, Frank Freeman, Tonya Harris, Roger Derick Hembd, Vincent Hopkins, Dorothy 3 Horn, Hollye Humphreys, Sofia Hussein, Jessica Johnson, Jamie Kacz, John Kirkman, Jesseca 4 Lane, Cody Lovins, Pamyla Luan, Marissa Maginnis, Anthony Montanaro, Kristen Morris, Erin 5 Murrell, Aine O’Neill, Clara Rintoul, Natalia Witherell Sametz, Laprecia Sanders, Karry Schuele, 6 Jacqueline Ward, Chelsea Williams and five plaintiffs identified as “Jane Doe”). Should additional 7 pleadings naming additional individuals as named plaintiffs be filed, such individually named 8 plaintiffs will also be included within the definition of “Party” for purposes of this Order. 9 2.11 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 10 Discovery Material in this action. 11 2.12 2.12 Professional Vendors: persons or entities that provide litigation support 12 services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 13 organizing, storing, or retrieving data in any form or medium) and their employees and 14 subcontractors. 15 2.13 2.13 Protected Material: any Disclosure or Discovery Material that is designated 16 as “CONFIDENTIAL.” ” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” as provided for 17 in this Order. Protected Material shall not include: (i) advertising materials that have been actually 18 published or publicly disseminated; and (ii) materials that show on their face they have been 19 disseminated to the public. 20 2.14 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material 21 from a Producing Party. 22 3. 3. COMPUTATION OF TIME Commented [A3]: The parties want to establish the applicable 23 The computation of any period of time prescribed or allowed by this Order shall be rules for computing time. 24 governed by the provisions for computing time set forth in Federal Rule of Civil Procedure 6. 25 3.4. SCOPE 26 The protections conferred by this Stipulation and Order cover not only Protected Material 27 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 44 1 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 2 conversations, or presentations by Parties or their Counsel in court or in other settings that might 3 reveal Protected Material. However, the protections conferred by this Stipulation and Order do not 4 cover the following information: (a) any information that is in the public domain at the time of 5 disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a 6 Receiving Party as a result of publication not involving a violation of this Order, including 7 becoming part of the public record through trial or otherwise; and (b) any information known to 8 the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure 9 from a source who obtained the information lawfully and under no obligation of confidentiality to 10 the Designating Party. Any use of Protected Material at trial shall be governed by a separate 11 agreement or order. 12 4. In addition, nothing in this Order shall (i) prevent or restrict a Producing Party’s 13 own disclosure or use of its own Protected Material for any purpose, and nothing in this Order 14 shall preclude any Party from showing Protected Material to an individual who prepared the 15 Protected Material; and (ii) be construed to prejudice any Party’s right to use any Protected 16 Material in court or in any court filing with the consent of the Producing Party or by order of the 17 Court. This Order is entered without prejudice to the right of any Party to seek further or additional 18 protection of any Discovery Material or to modify this Order in any way, including, without 19 limitation, an order that certain matter not be produced at all. C Pro om tecm tive en Ote rdd e r[ A do4 e] s: nT oh t e p rp ea vr eti ne ts ow r a rn est tt ro ic m t aa k pe a rc tl ye a frr o t mha t d t ih sce l osing their own Protected Material. 20 4.5. DURATION 21 Even after final disposition of this litigation, the confidentiality obligations imposed by this 22 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 23 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 24 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 25 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 26 including the time limits for filing any motions or applications for extension of time pursuant to 27 applicable law. 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 55 1 5.6. 5. DESIGNATING PROTECTED MATERIAL 2 6.1 5.1 Available Designations. Any Producing Party may designate Discovery 3 Material with any of the following designations, provided that it meets the requirements for such 4 designations as provided for herein: “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ 5 EYES ONLY” C dio scm ovm ere yn wte illd i n[ vA o5 lv] e: sG ei nv se in ti vth e e c osu mb pje ec tit t im vea t tt re ar d o ef st eh ce r ec ta ss , e p a ron dd u t ch ta t development information, engineering documents, testing 6 5.16.2 Exercise of Restraint and Care in Designating Material for Protection. Each Party information, and sensitive medical information, the parties agreed to include this second tier of confidentiality. 7 or Non-Party that designates information or items for protection under this Order must take care 8 to limit any such designation to specific material that qualifies under the appropriate standards. 9 The Designating Party must designate for protection only those parts of material, documents, 10 items, or oral or written communications that qualify – so that other portions of the material, 11 documents, items, or communications for which protection is not warranted are not swept 12 unjustifiably within the ambit of this Order. 13 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 14 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 15 unnecessarily encumber or retard the case development process or to impose unnecessary expenses 16 and burdens on other parties) expose the Designating Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it designated 18 for protection do not qualify for protection, that Designating Party must promptly notify all other 19 Parties that it is withdrawing the mistaken designation. 20 5.26.3 5.2 Manner and Timing of Designations. Except as otherwise provided in this 21 Order (see, e.g., second paragraph of section 65.3(a) below), or as otherwise stipulated or ordered, 22 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 23 designated before the material is disclosed or produced. 24 Designation in conformity with this Order requires: 25 (a) (a) For information in documentary form (e.g., paper or electronic 26 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the 27 Producing Party affix the legend “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 66 1 EYES ONLY” to each page that contains protected material. If only a portion or portions of the 2 material on a page qualifies for protection, the Producing Party also must clearly identify the 3 protected portion(s) (e.g., by making appropriate markings in the margins). C lao ngm uam gee ,n at se id t w [ oA u6 ld] : b T e h de if p fia cr uti le t s to h oav pe e ra ag tir oe ne ad l it zo e f . o rego this 4 A Party or Non-Party that makes original documents or materials available for inspection 5 need not designate them for protection until after the inspecting Party has indicated which material 6 it would like copied and produced. During the inspection and before the designation, all of the 7 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting 8 Party has identified the documents it wants copied and produced, the Producing Party must 9 determine which documents, or portions thereof, qualify for protection under this Order. Then, 10 before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL” 11 legend to each page that contains Protected Material. If only a portion or portions of the material 12 on a page qualifies for protection, the Producing Party also must clearly identify the protected 13 portion(s) (e.g., by making appropriate markings in the margins). 14 (b)for testimony given in deposition or in other pretrial or trial proceedings, that the 15 Designating Party identify on the record, before the close of the deposition, hearing, or other 16 proceeding, all protected testimony. 17 (c) for native files: Where electronic files and documents are produced in C coo nm cem rnie nn gt te hd e u[ sA e7 o] f : n T ath ive ep fa ir lt ei se s o a r g imre ae gd e t so o a fd nd ait ti io vn e a fl i lp er so ac se d eu xr he is b its during depositions. 18 native electronic format, such electronic files and documents shall be designated for protection 19 under this Order by appending to the file names or designators information indicating whether the 20 file contains “CONFIDENTIAL” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” material, 21 or shall use any other reasonable method for so designating Protected Materials produced in 22 electronic format. When electronic files or documents are printed for use at deposition or in a court 23 proceeding, the party printing the electronic files or documents shall affix a legend to the printed 24 document corresponding to the designation of the Designating Party and including the production 25 number and designation associated with the native file. If a Party uses at a deposition a .tiff, .pdf, 26 or other image format version of a native document, that Party shall, upon request, provide a copy 27 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 77 1 of the native file to counsel for the witness and all Parties in attendance who are entitled to review 2 the document pursuant to this Protective Order. 3 (b) for depositions and testimony given other pretrial or trial proceedings, that C goo vm erm nine gn pt re od c e[ dA u8 re] s: f T orh de ep sa igrt nie as ti h ngav de e a pg or se ie tid o nto a e ns dt a ob thli esh r ing testimony. 4 the Designating Party identify on the record at the time the testimony is given or by sending written 5 notice of how portions of the transcript of the testimony is designated within thirty (30) days of 6 receipt of the transcript of the testimony. If no indication on the record is made, all information 7 disclosed during a deposition shall be deemed “CONFIDENTIAL– ATTORNEYS’ EYES ONLY 8 ” until the time within which it may be appropriately designated as provided for herein has passed. 9 Any Party that wishes to disclose the transcript, or information contained therein, may provide 10 written notice of its intent to treat the transcript as non-confidential, after which time, any Party 11 that wants to maintain any portion of the transcript as confidential must designate the confidential 12 portions within fourteen (14) days, or else the transcript may be treated as non-confidential. Any 13 Protected Material that is used in the taking of a deposition shall remain subject to the provisions 14 of this Protective Order, along with the transcript pages of the deposition testimony dealing with 15 such Protected Material. In such cases the court reporter shall be informed of this Protective Order 16 and shall be required to operate in a manner consistent with this Protective Order. In the event the 17 deposition is videotaped, the original and all copies of the videotape shall be marked by the video 18 technician to indicate that the contents of the videotape are subject to this Protective Order, 19 substantially along the lines of “This videotape contains confidential testimony used in this case 20 and is not to be viewed or the contents thereof to be displayed or revealed except pursuant to 21 the terms of the operative Protective Order in this matter or pursuant to written stipulation of 22 the parties.” Counsel for any Producing Party shall have the right to exclude from oral 23 depositions, other than the deponent, deponent’s counsel, the reporter and videographer (if 24 any), any person who is not authorized by this Protective Order to receive or access Protected 25 Material based on the designation of such Protected Material. Such right of exclusion shall be 26 applicable only during periods of examination or testimony regarding such Protected Material. 27 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 88 1 (b)(c) for information produced in some form other than documentary and for any 2 other tangible items, that the Producing Party affix in a prominent place on the exterior of the 3 container or containers in which the information or item is stored the legend “CONFIDENTIAL.” 4 or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” If only a portion or portions of the 5 information or item warrant protection, the Producing Party, to the extent practicable, shall identify 6 the protected portion(s). 7 6.4 5.3 Inadvertent Failures to Designate. If timely corrected, an 8 (a) The inadvertent failure by a Producing Party to designate qualified 9 information or items does not, standing alone, waive the Designating Party’s right to secure 10 protection Discovery Material as Protected Material with one of the designations provided for 11 under this Order for shall not waive any such material. Upon timely correction of a designation, 12 the provided that the Producing Party notifies all Receiving Party must make reasonable efforts to 13 assure that the materialParties that such Discovery Material is treated in accordance with protected 14 under one of the categories of this Order within thirty (30) days of the Producing Party learning of 15 the inadvertent failure to designate. The Producing Party shall reproduce the Protected Material 16 with the correct confidentiality designation within seven (7) days upon its notification to the 17 Receiving Parties. Upon receiving the Protected Material with the correct confidentiality 18 designation, the Receiving Parties shall return or securely destroy all Discovery Material that was 19 not designated properly. 20 (b) A Receiving Party shall not be in breach of this Order for any use of such 21 Discovery Material before the Receiving Party receives such notice that such Discovery Material 22 is protected under one of the categories of this Order, unless an objectively reasonable person 23 would have realized that the Discovery Material should have been appropriately designated with 24 a confidentiality designation under this Order. Once a Receiving Party has received notification of 25 the correct confidentiality designation for the Protected Material with the correct confidentiality 26 designation, the Receiving Party shall treat such Discovery Material (subject to the exception in C roo bm ustm pe ron ct ee dd ur e[ sA f9 o] r : t hT eh ie n ap da vrt eie rts e h na t v fae i la ug rr ee e tod dto e se is gt na ab tl eis mh am teo rr ie a l 27 Paragraph 17(c) below) at the appropriately designated level pursuant to the terms of this Order. a an s d c ofo nr f is dt ee np ts i ai ln , bth ue t e wv ae sn nt om t,a it se r ti ra el a t th ea dt as sh o nu ol td c oh nav fie d eb ne te in al .d e s ignated 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 99 1 2 7. DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL – ATTORNEYS’ 3 EYES ONLY” Commented [A10]: Given the subject matter of the case and that discovery will involve sensitive competitive trade secrets, product 7.1 A Producing Party may designate Discovery Material as “CONFIDENTIAL – development information, engineering documents, testing 4 information, and sensitive medical information, the parties agreed to ATTORNEYS’ EYES ONLY” if it contains or reflects information that is extremely confidential include this second tier of confidentiality. 5 and/or sensitive in nature and the Producing Party reasonably believes that the disclosure of such 6 Discovery Material is likely to cause economic harm or significant competitive disadvantage to 7 the Producing Party. The Parties agree that the following information, if non-public, shall be 8 presumed to merit the “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation: trade 9 secrets, pricing information, financial data, sales information, sales or marketing forecasts or 10 plans, business plans, sales or marketing strategy, product development information, engineering 11 documents, testing documents, employee information, other non-public information of similar 12 competitive and business sensitivity, and health treatment records, including but not limited to 13 protected health information. 14 7.2 Unless otherwise ordered by the Court, Discovery Material designated as 15 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed only to: 16 (a) The Receiving Party’s Outside Counsel, provided that such Outside 17 Counsel is not involved in competitive decision-making, as defined by U.S. Steel v. United 18 States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a competitor of a Party, 19 and such Outside Counsel’s immediate paralegals and staff, and any copying or clerical litigation 20 support services working at the direction of such counsel, paralegals, and staff; 21 (c)(b) Any outside expert or consultant retained by the Receiving Party to assist 22 in this action, provided that disclosure is only to the extent necessary to perform such work; and 23 provided that: (a) such expert or consultant has agreed to be bound by the provisions of this 24 Order.the Protective Order by signing a copy of Exhibit A-1; (b) such expert or consultant is not 25 a current officer, director, or employee of a Party or of a competitor of a Party, nor anticipated at 26 the time of retention to become an officer, director, or employee of a Party or of a competitor of 27 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 1010 1 a Party; (c) such expert or consultant is not involved in competitive decision-making, as defined 2 by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a 3 competitor of a Party; and (d) such expert or consultant accesses the materials in the 4 United States only, and does not transport them to or access them from any foreign jurisdiction; 5 (c) 6. Court reporters, stenographers and videographers retained to 6 record testimony taken in this action; 7 (d) The Court, jury, and court personnel; 8 (e) Graphics, translation, design, and/or trial consulting personnel, having first 9 agreed to be bound by the provisions of the Protective Order by signing a copy of Exhibit A; 10 (f) Any mediator who is assigned to hear this matter, and his or her staff, 11 subject to their agreement to maintain confidentiality to the same degree as required by this 12 Protective Order; and 13 (g) Any other person with the prior written consent of the Producing Party, who 14 has agreed to be bound by the provisions of the Protective Order by signing a copy of Exhibit A. 15 6.8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 16 6.18.1 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 17 of confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 18 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 19 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 20 challenge a confidentiality designation by electing not to mount a challenge promptly after the 21 original designation is disclosed. 22 6.28.2 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 23 process by providing written notice of each designation it is challenging and describing the basis 24 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written notice 25 must recite that the challenge to confidentiality is being made in accordance with this specific 26 paragraph of the Protective Order. The parties shall attempt to resolve each challenge in good faith 27 and must begin the process by conferring directly (in voice to voice dialogue; other forms of 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 1111 1 communication are not sufficient) within 14 days of the date of service of notice. In conferring, 2 the Challenging Party must explain with particularity the basis for its belief that the confidentiality C cao nm bem pe ron pt ee rld y [ reA s1 ol1 v] e: d T bo y e thn es u pr ae r tt ih ea st , a th c eh pal al re tn ieg se a t go r ea e d te os i eg xn pa lt aio inn their challenge with particularity. The added language seeks to 3 designation was not proper and must give the Designating Party an opportunity to review the avoid blanket and broad challenges that make it difficult to assess any legitimate concerns. 4 designated material, to reconsider the circumstances, and, if no change in designation is offered, 5 to explain the basis for the chosen designation. with particularity. A Challenging Party may 6 proceed to the next stage of the challenge process only if it has engaged in this meet and confer 7 process first or establishes that the Designating Party is unwilling to participate in the meet and 8 confer process in a timely manner. 9 6.38.3 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 10 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 11 Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days 12 of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer 13 process will not resolve their dispute, whichever is earlier. Each such motion must be accompanied 14 by a competent declaration affirming that the movant has complied with the meet and confer 15 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such 16 a motion including the required declaration within 21 days (or 14 days, if applicable) shall 17 automatically waive the confidentiality designation for each challenged designation. In addition, 18 the Challenging Party may file a motion challenging a confidentiality designation at any time if 19 there is good cause for doing so, including a challenge to the designation of a deposition transcript 20 or any portions thereof. Any motion brought pursuant to this provision must be accompanied by a 21 competent declaration affirming that the movant has complied with the meet and confer 22 requirements imposed by the preceding paragraph. 23 The burden of persuasion in any such challenge proceeding shall be on the Designating 24 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 25 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 26 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 27 file a motion to retain confidentiality as described above, all parties shall continue to afford the 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 1212 1 material in question the level of protection to which it is entitled under the Producing Party’s 2 designation until the court rules on the challenge or the challenge is withdrawn in writing. 3 7.9. 7. ACCESS TO AND USE OF PROTECTED MATERIAL 4 7.19.1 7.1(a) Basic Principles. A Receiving Party may use Protected Material that is 5 disclosed or produced by another Party or by a Non-Party in connection with this case only for 6 prosecuting, defending, or attempting to settle this litigation. or any related appellate proceeding. 7 Such Protected Material may be disclosed only to the categories of persons and under the 8 conditions described in this Order. When the litigation has been terminated, a Receiving Party 9 must comply with the provisions of section 1316 below (FINAL DISPOSITION). 10 (a)(b) Secure Storage, No Export. Protected Material must be stored and C ino tm hem Ue nin tet de d St a[ tA es1 t2 o] a: v T oh ide ap na yrt i ce os n a cg er re ne s t fo ro s mto r ee x pp oro rtte cc ote nd tr om lsa t oe rr ial foreign data protection laws. 11 maintained by a Receiving Party at a location in the United States and in a secure manner that 12 reasonably ensures that access is limited to the persons authorized under this Order. Nothing in 13 Paragraph 9(b) shall preclude parties bound by this Protected Order from accessing Protected 14 Material remotely. 15 (c) 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Legal 16 Advice Based on Protected Material. Nothing in this Protective Order shall be construed to prevent 17 counsel from advising their clients with respect to this case based in whole or in part upon 18 Protected Materials, provided counsel does not disclose the Protected Material itself except as 19 provided in this Order. 20 (d) Limitations. Nothing in this Order shall restrict in any way a Producing 21 Party’s use or disclosure of its own Protected Material. Nothing in this Order shall restrict in any 22 way the use or disclosure of Discovery Material by a Receiving Party: (i) that is or has become 23 publicly known through no fault of the Receiving Party; (ii) that is lawfully acquired by or known 24 to the Receiving Party independent of the Producing Party; (iii) previously produced, disclosed 25 and/or provided by the Producing Party to the Receiving Party or a non-party without an obligation 26 of confidentiality and not by inadvertence or mistake; (iv) with the consent of the Producing Party; Commented [A13]: The parties agree that disclosure of 27 or (v) pursuant to order of the Court. P cir ro ct ue mct se td a nM cea ste . r i al might be possible in the enumerated set of 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 1313 1 9.2 Disclosure of “CONFIDENTIAL” Information or Items. A Producing Party may C mo aym dm ese ign nt ae ted m [ aA te1 r4 ia] l: a T s h “e C p oa nr ft ii de es n a tig ar le .”e to define when a party 2 designate Discovery Material as “CONFIDENTIAL” if it contains or reflects confidential, 3 proprietary, and/or commercially sensitive information, including but not limited to trade secrets, 4 pricing information, financial data, sales information, sales or marketing forecasts, business plans, 5 sales or marketing strategy, product development information, engineering documents, testing 6 documents, employee information, other non-public information of similar competitive and 7 business sensitivity, and health treatment records, including but not limited to protected health 8 information. 9 Unless otherwise ordered by the court or permitted in writing by the Designating Party, a 10 Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to: 11 (b)(a) (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 necessary to disclose 13 the information for this litigation and who have signed the “Acknowledgment and Agreement to 14 Be Bound” that is attached hereto as Exhibit A; 15 (c)(b) (b) the officers, directors, and employees (including House Counsel) of the 16 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed 17 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (d)(c) (c) Experts (as defined in this Order) of the Receiving Party to whom 19 disclosure is reasonably necessary for this litigation and who have signed the 20 “AcknowledgmentExpert/Consultant Acknowledge of Confidentiality and Agreement to Bebe 21 Bound” ( by Protective Order,” attached as Exhibit A);-1”; 22 (e)(d) (d) the court and its personnel; 23 (f)(e) (e) court reporters and their staff, professional jury or trial consultants, mock 24 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and 25 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (g)(f) (f) during their depositions, witnesses in the action to whom disclosure is 27 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 1414 1 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 2 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 3 separately bound by the court reporter and may not be disclosed to anyone except as permitted 4 under this Stipulated Protective Order. 5 (h)(g) (g) the author or recipient of a document containing the information or a 6 custodian or other person who otherwise possessed or knew the information.; 7 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 8 LITIGATION 9 (h) any mediator who is assigned to hear this matter, and his or her staff, subject 10 to their agreement to maintain confidentiality to the same degree as required by this Protective 11 Order; and 12 (i) any other person with the prior written consent of the Producing Party. 13 (j) Before any “CONFIDENTIAL” information, or substance or summary C pro om cedm ue ren s t fe od r d [ iA sc1 lo5 s] in: gT Che o np fa idrt eie ns ti h ala v me a a teg rr ie ae l d to t o a e ps at ra tb yl ’i ss h e xpert. 14 thereof, shall be disclosed to an Expert, the Expert shall sign and abide by the terms of the 15 “Expert/Consultant Acknowledge of Confidentiality and Agreement to be Bound by Protective 16 Order,” attached as Exhibit A-1, the terms of which are incorporated herein. An Expert may make 17 an application to the Court with advance notice and based upon a showing of good cause for 18 modification of, or relief from, the obligations of Expert/Consultant Acknowledgment of 19 Confidentiality and Agreement to Be Bound by Protective Order (Exhibit A-1) prior to the review 20 of any “CONFIDENTIAL” information. 21 9.3 Discovery from Experts. Absent good cause, drafts of reports of testifying experts, 22 and reports and other written materials, including drafts, or consulting experts, shall not be 23 discoverable. Reports and materials exempt from discovery under this Paragraph shall be treated 24 as attorney work product for the purpose of this case and Protective Order. Nothing in Paragraph 25 9.3 shall alter the applicable standards governing disclosure under Federal Rule of Civil Procedure 26 26(b). C pao rtm iem s ae gn ret ee td o e[ sA ta1 b6 li] s: h C tho an ts cis et re tn ait n w ei xth p eth rte m F ae td ee rr iaa ll s R au rele ns, o t th se u bject to discovery. 27 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 1515 1 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 2 7.210.1If a Party is served with a subpoena or a court order issued in other litigation that 3 compels disclosure of any information or items designated in this action as “CONFIDENTIAL,” 4 or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” that Party must: 5 (a) (a) promptly notify in writing the Designating Party. Such notification shall 6 include a copy of the subpoena or court order; 7 (b) (b) promptly notify in writing the party who caused the subpoena or order 8 to issue in the other litigation that some or all of the material covered by the subpoena or order is 9 subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective 10 Order; and 11 (c) (c) cooperate with respect to all reasonable procedures sought to be pursued 12 by the Designating Party whose Protected Material may be affected. 13 7.310.2If the Designating Party timely seeks a protective order, the Party served with the 14 subpoena or court order shall not produce any information designated in this action as 15 “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” before a 16 determination by the court from which the subpoena or order issued, unless the Party has obtained 17 the Designating Party’s permission. The Designating Party shall bear the burden and expense of 18 seeking protection in that court of its confidential material – and nothing in these provisions should 19 be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful 20 directive from another court. Formatted: Font: (Asian) +Headings Asian (SimSun) 21 8.11. 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 22 THIS LITIGATION 23 8.111.1(a) The terms of this Order are applicable to information produced by a Non-Party 24 in this action and designated as “CONFIDENTIAL.” or “CONFIDENTIAL - ATTORNEYS’ 25 EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is 26 protected by the remedies and relief provided by this Order. Nothing in these provisions should be 27 construed as prohibiting a Non-Party from seeking additional protections. 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 1616 1 8.211.2(b) In the event that a Party is required, by a valid discovery request, to produce a 2 Non-Party’s confidential information in its possession, and the Party is subject to an agreement 3 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 4 (a) (1) promptly notify in writing the Requesting Party and the Non-Party that 5 some or all of the information requested is subject to a confidentiality agreement with a Non-Party; 6 (b) (2) promptly provide the Non-Party with a copy of the Stipulated Protective 7 Order in this litigation, the relevant discovery request(s), and a reasonably specific description of 8 the information requested; and 9 (c) (3) make the information requested available for inspection by the Non- 10 Party. 11 8.311.3(c) If the Non-Party fails to object or seek a protective order from this court within 12 14 days of receiving the notice and accompanying information, the Receiving Party may produce 13 the Non-Party’s confidential information responsive to the discovery request. If the Non-Party 14 timely seeks a protective order, the Receiving Party shall not produce any information in its 15 possession or control that is subject to the confidentiality agreement with the Non-Party before a 16 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 17 burden and expense of seeking protection in this court of its Protected Material. 18 9.12. 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 9.112.1If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 20 Protected Material to any person or in any circumstance not authorized under this Stipulated 21 Protective Order, the Receiving Party must immediately (a) notify in writing the Designating Party 22 of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 23 Protected Material and to ensure that no further or greater unauthorized disclosure and/or use 24 thereof is made, (c) inform the person or persons to whom unauthorized disclosures were made of 25 all the terms of this Order, and (d) request such person or persons to execute the “Acknowledgment 26 and Agreement to Be Bound” that is attached hereto as Exhibit A. 27 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 1717 1 12.2 11. Unauthorized or inadvertent disclosure does not change the status of C dio scm lom sue ren ot fe dd e s[ iA gn1 a7 te] d: T mh ae te p ria ar lt i de os eh sa nv oe ta wgr ae ie vd e t th ha et d t eh se i gin na ad tiv oe nr .t ent 2 Discovery Material or waive the right to hold the disclosed document or information as Protected. 3 10.13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 4 MATERIAL 5 13.1 Pursuant to Federal Rule of Evidence 502(d) and (e), the inadvertent production by C a pp ro ip vm l ii lc em a gb ee l den mFte e add tee rr[ iaA al l 1 .R 8 ul] e: s T gh oe v ep ra nr it nie gs th ha ev ie n aa dg vre ee rd te nto t pin rc oo dr up co tir oa nte o t fh e a Party of Discovery Material subject to the attorney-client privilege, work product doctrine, or 6 any other applicable privilege or protection, despite the Producing Party's reasonable efforts to 7 pre-screen such Discovery Material prior to production, will not waive the applicable privilege 8 and/or protection in this case or in any other federal or state proceeding. For example, the mere 9 production of a privileged or work product protected document in this case as part of a production 10 is not itself a waiver. Nothing in this Order shall be interpreted to require disclosure of irrelevant 11 information or relevant information protected by the attorney-client privilege, work product 12 doctrine, or any other applicable privilege or immunity. The Parties do not waive any objections 13 as to the production, discoverability, admissibility, or confidentiality of documents and 14 electronically stored information. Moreover, nothing in this Order shall be interpreted to require 15 disclosure of information subject to privacy protections as set forth in law or regulation, including 16 information that may need to be produced from outside of the United States and/or may be subject 17 to foreign laws. 18 10.113.2 When a Producing Party gives notice to Receiving Parties that certain 19 inadvertently produced material is subject to a claim of privilege or other protection, the 20 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 21 26(b)(5)(B). This provision is not intended to modify whatever procedure may be established in 22 an e-discovery order that provides for production without prior privilege review. Pursuant to 23 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of 24 disclosure of a communication or information covered by the attorney-client privilege or work 25 product protection, the parties may incorporate their agreement in the stipulated protective order 26 submitted to the courtThe Receiving Parties must promptly return, sequester, or destroy the 27 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 1818 1 specified information and any copies it has; must not use or disclose the information until the claim 2 is resolved; must take reasonable steps to retrieve the information if the Receiving Party disclosed 3 it before being notified; and may promptly present the information to the court under seal for a 4 determination of the claim. The Producing Party must preserve the information until the claim is 5 resolved. 6 13.3 12. Nothing herein shall prevent the Receiving Party from preparing a record 7 for its own use containing the date, author, addresses, and topic of the inadvertently produced 8 Discovery Material and such other information as is reasonably necessary to identify the Discovery 9 Material and describe its nature to the Court in any motion to compel production of the Discovery 10 Material. 11 14. DATA SECURITY Commented [A19]: Given the subject matter of the case and that 12 14.1 Receiving Party shall implement or maintain reasonable data security practices and d di es vc eo lv oe pr my ew ni tl il n i fn ov ro mlv ae ti ose nn , s ei nti gv ie n ec eo rm inp ge dti oti cv ue m tr ea nd te s ,s te ec sr te ints g, product information, and sensitive medical information, the parties agreed to 13 policies to safeguard Protected Materials and minimize the risk of unauthorized access, including include these procedures concerning data security. 14 reasonable and appropriate administrative, physical, and technical safeguards, and network 15 security and encryption technologies governed by written policies and procedures, which shall 16 comply with best practices and industry standards. The Parties shall implement multi-factor 17 authentication1 for any access to Protected Materials and implement encryption of all Protected 18 Materials in transit outside of network(s) covered by the Party’s data security practices and policies 19 (and at rest, where reasonably practical). 20 14.2 If Receiving Party becomes aware of any unauthorized access, use, or disclosure of 21 Protected Materials or devices containing Protected Materials (“Data Breach”), Receiving Party 22 shall promptly, and in no case later than five (5) days after learning of the Data Breach, and to the 23 extent permitted by law enforcement, notify Producing Party in writing and fully cooperate with 24 25 Formatted: Line spacing: single 1 Multi-factor authentication is “[a]uthentication using two or more factors to achieve authentication. Factors are (i) 26 something you know (e.g., password/personal identification number); (ii) something you have (e.g., cryptographic identification device, token); and (iii) something you are (e.g., biometric).” National Institute of Standards and 27 T hte tc ph s:n //o nl vo lg py u ( bN s.I nS isT t) .g, oS vp /e nc ii sa tl p uP bu sb /l Sic pa et cio ian l PS uP b l1 i8 ca0 t0 io-1 n2 s/, NA Ip Sp Ten .Sd Pix .1 B 80 a 0t -6 13 2, . pa dv fa ;i l sa eb el e a la st o NIST, Special Publication 28 S80 T0 IP- U5 L3 A, a Tt E 1 D3 P2 R, Oav Ta Ei Cla Tb IVle E a Ot Rh Dttp Es R: //nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r5.pdf. Formatted: Page Number CASE NO. 3:22-CV-07668-VC 1919 1 Producing Party as may be reasonably necessary to (a) determine the source, extent, or 2 methodology of such Data Breach, and/or (b) to recover or to protect Protected Materials. 3 Receiving Party further agrees to reasonably cooperate with Producing Party, as may be necessary 4 for Producing Party to fulfill any notice obligations Producing Party may owe to non-parties in 5 connection with Protected Materials. For the avoidance of doubt, notification obligations under 6 this Section arise when the Receiving Party both (a) learns of a Data Breach, and (b) learns that 7 any of the Producing Party’s Protected Materials are potentially subject to the Data Breach. The 8 notification obligations set forth in this Section do not run from the time the Data Breach itself. 9 14.3 Receiving Party shall promptly comply with Producing Party’s reasonable 10 request(s) that Receiving Party investigate, remediate, and mitigate the effects of a Data Breach 11 and any potential recurrence and take all reasonable steps to terminate and prevent unauthorized 12 access. For the avoidance of doubt, nothing in this Section is intended to create a waiver of any 13 applicable privileges, including privileges applicable to a Party’s investigation and remediation of 14 a Data Breach. 15 14.4 If Receiving Party is aware of a Data Breach, the Parties shall meet and confer in 16 good faith regarding any adjustments that should be made to the discovery process and discovery 17 schedule in this action, potentially including but not limited to (1) additional security measures to 18 protect Discovery Material; (2) a stay or extension of discovery pending investigation of a Data 19 Breach and/or implementation of additional security measures; and (3) a sworn assurance that 20 Discovery Materials will be handled in the future only by entities not impacted by the Data Breach. 21 Further, the Receiving Party shall submit to reasonable discovery concerning the Data Breach. 22 14.5 Receiving Party shall comply with this Section and any applicable security, privacy, 23 data protection, or breach notification laws, rules, regulations, or directives (“Applicable Data 24 Law”). If Receiving Party is uncertain whether a particular practice would conform with the 25 requirements of this Section, it may meet and confer with the other Parties; if any Party believes 26 that the proposed practice would violate this Protective Order, it may, within 10 business days, 27 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 2020 1 bring the dispute to the Court. The Party challenging the proposed practice would bear the burden 2 of demonstrating a violation. 3 11.15. MISCELLANEOUS 4 11.115.1 12.1 Right to Further Relief. Nothing in this Order abridges the right of 5 any person to seek its modification by the court in the future. By stipulating to this Order, the 6 Parties do not waive the right to argue that certain material may require additional or different 7 confidentiality protections than those set forth herein. 8 15.2 12.2 Termination of Matter and Retention of Jurisdiction. The Parties agree that 9 the terms of this Protective Order shall survive and remain in effect after the Final Determination 10 of the above-captioned matter. The Court shall retain jurisdiction after Final Determination of this 11 matter to hear and resolve any disputes arising out of this Protective Order. C pro om vism ioe nsn cte ond c e[ rA n2 in0 g] d: iT ffh ere e p na t r pti re os t eh ca tv ioe n a sg ar ne ded t hto e sa ud rd v ic vla inri gf ying obligations following the termination of the proceedings. 12 11.215.3 Right to Assert Other Objections. By stipulating to the entry of this 13 Protective Order, no Party waives any right it otherwise would have to object to disclosing or 14 producing any information or item on any ground not addressed in this Stipulated Protective Order. 15 Similarly, no Party waives any right to object on any ground to use in evidence of any of the 16 material covered by this Protective Order. 17 11.315.4 12.3 Filing Protected Material. Without written permission from the 18 Designating Party or a court order secured after appropriate notice to all interested persons, a 19 Receiving Party may not file in the public record in this action any Protected Material. A Party 20 that seeks to file under seal any Protected Material must comply with Civil Local Rule 79-5. 21 Protected Material may only be filed under seal pursuant to a court order authorizing the sealing 22 of the specific Protected Material at issue. Pursuant to Civil Local Rule 79-5, a sealing order will 23 issue only upon a request establishing that the Protected Material at issue is privileged, protectable 24 as a trade secret, or otherwise entitled to protection under the law. If a Receiving Party's request 25 to file Protected Material under seal pursuant to Civil Local Rule 79-5 is denied by the court, then 26 the Receiving Party may file the information in the public record pursuant to Civil Local Rule 79- 27 5 unless otherwise instructed by the court. 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 2121 1 12.16. 13. FINAL DISPOSITION 2 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 3 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 4 For purposes of this Order, “Final Disposition” occurs after an order, mandate, or dismissal finally 5 terminating the above-captioned action with prejudice, including all appeals. As used in this 6 subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and 7 any other format reproducing or capturing any of the Protected Material. Whether the Protected 8 Material is returned or destroyed, the Receiving Party must submit a written certification to the 9 Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day 10 deadline that (1) identifies (by category, where appropriate) affirms that all the Protected Material 11 that was returned to the Producing Party or destroyed and (2) affirms that the Receiving Party has 12 not retained any copies, abstracts, compilations, summaries or any other format reproducing or 13 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 15 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 16 product, and consultant and expert work product, (but not document production), even if such 17 materials contain Protected Material. Any such archival copies that contain or constitute Protected 18 Material remain subject to this Protective Order as set forth in Section 45 (DURATION). 19 20 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 21 22 DATED: April 11, 2025 23 WADE KILPELA SLADE, LLP

24 /s/ Collins Kilgore Gillian L. Wade 25 David Slade Sara D. Avila 26 Collins Kilgore 27 Attorneys for Plaintiffs Lauren Hughes et al. 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 2222 1

2 MORRISON & FOERSTER LLP 3 4 /s/ Tiffany Cheung 5 T Juif lif ea n Yy . C Ph are ku ng 6 C Jol ca eu ld yi na EM . . G V reet ee rs i 7 Attorneys for Defendant Apple Inc. 8 ECF ATTESTATION 9 I, TIFFANY CHEUNG, the ECF User whose ID and password are being used to file this 10 11 STIPULATED PROTECTIVE ORDER, in compliance with Civil Local Rule 5-1(i)(3), hereby attest that counsel for Plaintiffs has concurred in this filing. 12

13 14 Dated: April 11, 2025 T MI OFF RA RN ISY O C NH &E U FON EG R STER LLP

15 16 By: /s/ Tiffany Cheung 17 Tiffany Cheung 18 Attorneys for Defendant 19 APPLE INC. 20 21 22 DATED: ________________________ _____________________________________ Attorney for Plaintiff 23 24 25 DATED: ________________________ _____________________________________ Attorney for Defendant 26 27 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 2323 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 3 DATED: ________________________ _____________________________________ 4 United States District/Magistrate Judge

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 2424 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ [print or 4 type full address], acknowledge and declare under penalty of perjury that I have read in its entirety 5 and understand the Stipulated Protective Order that was issued by the United States District Court 6 for the Northern District of California on [date] in the case of ___________ [insert formal name of 7 the case and the number and initials assigned to it by the court].Hughes v. Apple Inc., No. 3:22- 8 cv-07668-VC. I agree to comply with and to be bound by all the terms of this Stipulated Protective 9 Order and I understand and acknowledge that failure to so comply could expose me to sanctions and 10 punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any 11 information or item that is subject to this Stipulated Protective Order to any person or entity except 12 in strict compliance with the provisions of this Order. 13 I further agree to submitconsent to the jurisdiction of the United States District Court for the Northern 14 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even 15 if such enforcement proceedings occur after termination of this action. 16 I hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone number] 18 as my California agent for service of process in connection with this action or any proceedings related 19 to enforcement of this Stipulated Protective Order. 20 Name of individual: 21 Present occupation/job description: 22 23 24 Name of Company or Firm: 25 Address: 26 Date: ______________________________________ 27 City and State where sworn and signed: _________________________________ 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 2525 1 2 Printed name: _______________________________ 3 4 ___________________ Signature: Formatted: Tab stops: 3.5", Left 5 _____________________________________________________________ 6 EXHIBIT A-1 Commented [A21]: Given the subject matter of the case and that discovery will involve sensitive competitive trade secrets, product development information, engineering documents, testing 7 EXPERT/CONSULTANT ACKNOWLEDGEMENT OF CONFIDENTIALITY AND information, and sensitive medical information, the parties have AGREEMENT TO BE BOUND BY PROTECTIVE ORDER agreed to add a separate acknowledgement form for experts. 8 9 I, _________________________, declare: 10 1. I reside at _____________________________________________ 11 2. I have read the Protective Order Regarding The Disclosure and Use of Discovery 12 13 Material (“Order”) in Hughes, et al. v. Apple Inc., Civil Action No. 3:22-cv-07668-VC, pending 14 in the Northern District of California. 15 3. I am familiar with the contents of the Order and agree to comply and be bound by 16 the provisions thereof. 17 4. I will not divulge to persons other than those specifically authorized by the Order, 18 and will not copy or use except solely for the purposes of this litigation and only as expressly 19 permitted by the terms of the Order, any Confidential information obtained pursuant to the Order. 20 21 5. By signing below, I hereby agree to submit to the jurisdiction of the United States 22 District Court for the Northern District of California for resolving any and all disputes regarding 23 the Order and this Acknowledgment of Confidentiality. I further agree that any and all disputes 24 regarding the Order and this Acknowledgment of Confidentiality shall be governed by the laws of 25 the State of California, and that the district court for the Northern District of California shall be 26 27 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 2626 1 the sole and exclusive venue for resolving any disputes arising from the Order and this 2 Acknowledgment of Confidentiality. 3

4 6. By signing below, I hereby confirm that I am not currently and do not currently 5 6 anticipate becoming an officer, director, or employee of, providing any form of consulting services 7 to, or becoming involved in any competitive decision-making on behalf of any competitor of any 8 Party with respect to the subject matter of this suit (including any product or design specifications). 9 I further agree that: (1) during the pendency of these proceedings I shall not accept any position as 10 an employee, officer, or director of any competitor of any Party in a position that would foreseeably 11 result in an improper use of the Producing Party’s “CONFIDENTIAL” or “CONFIDENTIAL – 12 13 ATTORNEYS’ EYES ONLY” information (e.g., working for a competing producer of tracking 14 devices on products that compete with AirTag); and (2) I shall not at any time, either during the 15 pendency of these proceedings or after conclusion of these proceedings, use or divulge any of the 16 Confidential information made available to me pursuant to the Order except solely for the purposes 17 of this litigation. 18 I declare under penalty of perjury under the laws of the State of California that the 19 foregoing is true and correct. 20 21

22 Executed on______________________________ at ___________________

24 __________________________________ 25 Name: 26 Address: 27 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 2727 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER Formatted: Page Number CASE NO. 3:22-CV-07668-VC 2828