Neil Karunatilaka v. Tesla Inc.

• Court: District Court, C.D. California
• Decided: June 27, 2025
• Docket: 2:24-cv-01727
• Status: Unknown

Opinion

1 CAPSTONE LAW APC MORGAN, LEWIS & BOCKIUS LLP Cody R. Padgett (SBN 275553) David L. Schrader, Bar No. 149638 2 cody.padgett@capstonelawyers.com david.schrader@morganlewis.com Shahin Rezvani (SBN 199614) 300 South Grand Avenue 3 Shahin.Rezvani@capstonelawyers.com Twenty-Second Floor Nathan N. Kiyam (SBN 317677) Los Angeles, CA 90071-3132 4 nate.kiyam@capstonelawyers.com Tel: +1.213.612.2500 1875 Century Park East, Suite 1000 Fax: +1.213.612.2501 5 Los Angeles, California 90067 Telephone: 310-556-4811 Mark A. Feller, Bar No. 319789 6 Facsimile: 310-943-0396 mark.feller@morganlewis.com One Market, Spear Street Tower 7 MILBERG COLEMAN BRYSON San Francisco, CA 94105-1126 PHILLIPS GROSSMAN, PLLC Tel: +1.415.442.1000 8 Adam A. Edwards (pro hac vice) Fax: +1.415.442.1001 aedwards@milberg.com 9 William A. Ladnier (SBN 330334) Brian M. Ercole (pro hac vice) wladnier@milberg.com briamercole@morganlewis.com 10 Ryan McMillan (pro hac vice) Matthew M. Papkin (pro hac vice) rmcmillan@milberg.com matthew.papkin@morganlewis.com 11 Virginia Whitener (pro hac vice) 600 Brickell Ave, Suite 1600 gwhitener@milberg.com Miami, FL 33131-3075 12 800 S. Gay Street, Suite 1100 Tel: +1.305.415.3000 Knoxville, TN 37931 Fax: +1.305.415.3001 13 Telephone: (865) 247-0080 Facsimile: (865) 522-0049 Katherine A. Vaky 14 Katherine.vaky@morganlewis.com Attorneys for Plaintiff One Oxford Centre, Thirty-Second Floor 15 Pittsburgh, PA 15219-6401 16 Attorneys for Defendant Tesla, Inc. 17 UNITED STATES DISTRICT COURT 18 CENTRAL DISTRICT OF CALIFORNIA 19 20 NEIL KARUNATILAKA, Case No. 2:24-cv-01727-HDV (RAO) 21 Plaintiff, [PROPOSED] STIPULATED 22 PROTECTIVE ORDER vs. 23 TESLA, INC., d/b/a TESLA MOTORS, DISCOVERY MATTER 24 INC., a Delaware Corporation, 25 Defendant. 26 27 28 1 This Stipulated Protective Order is entered into by and between Plaintiff Neil 2 Karunatilakaand Defendant Tesla, Inc. dba Tesla Motors, Inc. (“Tesla”) (hereinafter, 3 collectively referred to as the “Parties”). The purpose of this Stipulated Protective 4 Order is to preserve the confidentiality of certain documents and information, which 5 may be produced during discovery or otherwise disclosed or provided. In order to 6 protect information which may be made available in the course of discovery in this 7 case, and whose public disclosure may violate laws or regulations and may create a 8 risk of financial harm, competitive harm, or other harm to the parties and third parties, 9 the Parties are entering into this stipulation and requesting that the Court issue a 10 protective order in conformity with the terms set forth herein. The parties 11 acknowledge that this Order does not confer blanket protections on all disclosures or 12 responses to discovery and that the protection it affords from public disclosure and 13 use extends only to the limited information or items that are entitled to confidential 14 treatment under the applicable legal principles. 1 15 Good Cause Statement: The Parties anticipate that certain information 16 disclosed in this action during discovery is likely to include information that is 17 personal or otherwise confidential in nature and related information concerning third 18 parties, non-public financial information, and other proprietary and confidential 19 information of the Parties and third parties for which special protection from public 20 disclosure and from use for any purpose other than prosecuting of this action is 21 warranted. Such confidential and proprietary materials and information consist of, 22 among other things, confidential business or financial information, information 23 regarding confidential business practices, trade secrets, or other confidential 24 research, development, or commercial information (including information 25 1 This Stipulated Protective Order is similar to the model protective order provided 26 under Magistrate Judge Rozella A. Oliver’s Procedures. As set forth in Paragraph 1(d) herein, this Protective Order is intentionally designed to align with the protective 27 orders in related state court proceedings in order to avoid inconsistencies that could create inefficiencies and confusion among the cases. The parties believe a 28 substantially similar protective order among these related cases is appropriate. 1 implicating privacy rights of third parties), personally identifying information, 2 personal financial information, and information otherwise generally unavailable to 3 the public, or which may be privileged or otherwise protected from disclosure under 4 state or federal statutes, court rules, case decisions, or common law. Accordingly, to 5 expedite the flow of information, to facilitate the prompt resolution of disputes over 6 confidentiality of discovery material, to adequately protect information the parties 7 are entitled to keep confidential, to ensure that the parties are permitted reasonable 8 necessary uses of such material in preparation for and in the conduct of trial, to 9 address their handling at the end of the litigation, and serve the ends of justice, a 10 protective order for such information is justified in this matter. It is the intent of the 11 parties that information will not be designated as confidential for tactical reasons and 12 that nothing be so designated without a good faith belief that it has been maintained 13 in a confidential, non-public manner, and there is good cause why it should not be 14 part of the public record of this case. 15 Subject to the approval of this Court, the Parties hereby stipulate and agree as 16 follows: 17 1. SCOPE OF PROTECTIVE ORDER 18 (a) The protection of this Protective Order may be invoked with respect to 19 any documents, testimony, declarations, briefs, memoranda, exhibits, answers to 20 interrogatories, answers to requests for admissions and all other information 21 (collectively “Discovery Material”) produced or created by any party or non-party 22 (the “Producing Party”) to any other party or parties (the “Receiving Party”) in 23 connection with the above-captioned action (the “Litigation”). As used herein, the 24 term “Confidential Information or Items” includes testimony, records or other 25 tangible things, including but not limited to discovery responses, whether hardcopy 26 or electronic, that a Designating Party believes is entitled to confidentiality protection 27 under applicable legal and equitable principles. This includes items which a party 28 1 believes contains or reflects trade secrets, confidential or proprietary business 2 information, competitively sensitive information, and/or private personal, client or 3 customer information. Any Discovery Material produced by any party or non-party 4 as part of this action may be designated by such party or non-party as “Confidential” 5 or “Highly Confidential – Attorneys’ Eyes Only.” All non-public documents or non- 6 public information obtained through discovery or proceedings in this case, whether 7 or not designated as “Confidential”or “Highly Confidential –Attorneys’Eyes Only” 8 shall be used solely for prosecuting or defending claims in this Litigation, and not for 9 any business, competitive, personal, private, legal, or governmental purpose or 10 function, or any other litigation, and such non-public information shall not be 11 disclosed to anyone except as provided herein. 12 (i) (3) Zaks v. Tesla, Inc., Case No. 23CV043575 (Alameda Super. 13 Ct.) (“Zaks”); and (4) Corona v. Tesla, Inc., Case No. 24CV64008 (Alameda Super. 14 Ct.) (“Corona”). 15 (ii) The protections conferred by this Protective Order do not cover 16 any item or information that is in the public domain at the time of disclosure to a 17 Receiving Party or becomes part of the public domain after its disclosure to a 18 Receiving Party as a result of publication not involving a violation of this Protective 19 Order. 20 (b) As set forth below, information or materials may be designated as 21 “Confidential”or “Highly Confidential –Attorneys’Eyes Only”if a party has a good 22 faith belief that the item so designated constitutes, reflects or discloses non-public, 23 personal, financial, proprietary or commercial information, trade secrets, or other 24 confidential information and would create a substantial risk of injury if it were 25 disclosed. Such designation may be made by any Producing Party, or may be made 26 by a Party (“Designating Party”) who determines, in good faith, that materials 27 28 1 produced by a non-party contain “Confidential” or “Highly Confidential – Attorneys’ 2 Eyes Only” information even though not so designated by the Producing Party. 3 (c) In the event that additional Parties join or are joined in this Litigation, 4 they shall not have access to materials designated as “Confidential” or “Highly 5 Confidential – Attorneys’ Eyes Only” pursuant to this Protective Order until they 6 have executed their agreement to be bound by this Protective Order. 7 (d) To avoid inconsistencies between this action and the Flores and 8 Reynolds actions, the Parties shall take reasonable efforts to ensure that where a 9 document is produced in more than one of these matters, the document has the same 10 confidentiality designation. This Protective Order mirrors the protective orders in 11 Flores and Reynolds and, in order to streamline discovery across all three matters, 12 the parties shall work together to avoid duplicative or inefficient discovery across the 13 three matters, consistent with this Order. 14 (e) There are two related actions pending in California state court, 15 captioned Zaks v. Tesla, Inc., Case No. 23CV043575 (Alameda Super. Ct.), and 16 Corona v. Tesla, Inc., Case No. 24CV64008 (Alameda Super. Ct.), and Plaintiffs 17 have agreed to coordinate discovery with the plaintiffs in those actions to avoid 18 duplication of effort, undue burden, and unnecessary cost to Tesla, including by 19 avoiding multiple depositions of the same individuals, consistent with any protective 20 orders entered in these respective matters. 21 2. DESIGNATION OF MATERIALS AS “CONFIDENTIAL” OR 22 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. 23 (a) “Confidential” materials shall include only such information as the 24 Producing or Designating Party in good faith contends should be protected pursuant 25 to this Protective Order on the grounds that the information is properly subject to 26 protection under existing legal or equitable principles. 27 28 1 (b) “Highly Confidential – Attorneys’ Eyes Only” materials shall include 2 “Confidential Information or Items,” disclosure of which to another Party or non- 3 Party the Producing Party or Designating Party in good faith contends would create 4 a substantial risk of serious harm that could not be avoided by less restrictive means. 5 (c) In making the designation of materials pursuant to this Protective Order, 6 the Producing or Designating Party shall give due consideration to whether the 7 information contained in the materials (1) has been produced, disclosed or made 8 available to the public in the past, (2) has been published, communicated or 9 disseminated to others not obligated to maintain the confidentiality of the information 10 contained therein, (3) has not been preserved or maintained in a manner calculated to 11 preserve its confidentiality, or (4) is available from a third party or commercial source 12 that is not obligated to maintain its confidentiality or privacy. The Producing or 13 Designating Party shall also give due consideration to the age of the materials. The 14 Producing or Designating Party must take care to limit any such designation to 15 specific material that qualifies under the appropriate standards. The Producing or 16 Designating Party must designate for protection only those parts of material, 17 documents, items, or oral or written communications that qualify so that other 18 portions of the material, documents, items, or communications for which protection 19 is not warranted are not swept unjustifiably within the ambit of this Protective Order. 20 Mass, indiscriminate, or routinized designations are prohibited. If it comes to a 21 Producing or Designating Party’s attention that information or items that it 22 designated for protection do not qualify for protection, such Producing or 23 Designating Party must promptly notify all other Parties that it is withdrawing the 24 inapplicable designation. 25 26 27 28 1 (d) The protection of this Protective Order may be invoked with respect to 2 materials in the following manner: 3 (i) In the case of documents, declarations, briefs, memoranda, 4 exhibits, answers to interrogatories, answers to requests for admissions, or other 5 materials (apart from depositions or other pre-trial testimony), the Producing Party 6 shall stamp or label the document as “Confidential” or “Highly Confidential – 7 Attorneys’ Eyes Only” by affixing the mark to each page containing protected 8 material as appropriate. Documents produced prior to the entry of this Protective 9 Order may be designated as “Confidential” or “Highly Confidential – Attorneys’ 10 Eyes Only” within thirty (30) days after entry, and documents produced by non- 11 parties may be designated “Confidential” or “Highly Confidential – Attorneys’ Eyes 12 Only” by a Party within thirty (30) days after such production. If only a portion or 13 portions of the material on a page qualifies for protection, the Producing Party also 14 must clearly identify the protected portion(s) (e.g., by making appropriate markings 15 in the margins). 16 (ii) In the case of electronically stored information that is produced 17 in the form of electronic or magnetic media (including information, files, databases, 18 or programs stored on any device, computers, discs, networks or tapes) 19 (“Electronically Stored Information” or “ESI”) that is produced as a PDF, the 20 Producing Party shall mark the document as “Confidential” or “Highly Confidential 21 – Attorneys’ Eyes Only” by affixing the mark to each page of the PDF, as 22 appropriate; provided, however, if such the Producing Party is unable to stamp or 23 label such files (e.g. native document, deposition transcript, program, software, or 24 otherwise,)thenthe Producing Party shall provide a cover letter designating such ESI 25 as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” and shall affix to 26 such media a label with the same designation. Whenever a Receiving Party reduces 27 ESI designated as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” 28 1 to hard-copy form, the Receiving Party shall mark such hard-copy form with the 2 “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” legend. 3 (iii) To the extent that any Receiving Party or counsel for any 4 Receiving Party creates, develops or otherwise establishes on any device, recording 5 media, computer, disc, network, tape, file, database or program copies of any 6 information designated “Confidential” or “Highly Confidential – Attorneys’ Eyes 7 Only,” that party and its counsel must take all necessary steps to insure that access to 8 such media is properly restricted to those persons who, by the terms of this Protective 9 Order, may have access to the information, and will retain on the media containing 10 such information any “Confidential” or “Highly Confidential – Attorneys’ Eyes 11 Only” label affixed by the Producing Party. 12 (iv) In the case of depositions or other pre-trial testimony, all such 13 transcripts shall be presumptively “Confidential” and “Highly Confidential – 14 Attorneys’ Eyes Only” for thirty (30) days following receipt of the transcript. Any 15 party wishing to maintain the treatment of the transcript, or any portion thereof, as 16 “Confidential”or “Highly Confidential –Attorneys’Eyes Only”shall notify all other 17 parties of such designation in writing, identifying the specific portions that such party 18 identifies as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only.” Any 19 portions so designated will be treated as “Confidential” or “Highly Confidential – 20 Attorneys’ Eyes Only” as provided for by this Protective Order. Any portions not so 21 designated within thirty (30) days following receipt of the applicable transcript shall 22 no longer be deemed “Confidential” or “Highly Confidential – Attorneys’ Eyes 23 Only.” 24 (e) If any Producing Party inadvertently produces or discloses any 25 “Confidential”or “Highly Confidential –Attorneys’Eyes Only”information without 26 marking it with an appropriate legend, the Producing Party or a Designating Party 27 shall promptly notify the receiving party that the information should be treated in 28 1 accordance with the terms of this Protective Order, and shall forward appropriately 2 stamped copies of the items in question. Within five (5) days of the receipt of 3 substitute copies, the Receiving Party shall return the previously unmarked items and 4 all copies thereof or confirm that the previously unmarked items and all copies 5 thereof have been destroyed or, to the extent of ESI, deleted. The inadvertent 6 disclosure shall not be deemed a waiver of confidentiality, or of any attorney-client 7 privilege, work-product doctrine or other privilege, and such designation shall be 8 made as soon as possible after the discovery of the inadvertent production or 9 disclosure. 10 (f) If timely corrected, an inadvertent failure to designate qualified 11 information or items does not, standing alone, waive the Designating Party’s right to 12 secure protection under this Order for such material. Upon timely correction of a 13 designation, the Receiving Party must make reasonable efforts to assure that the 14 material is treated in accordance with the provisions of this Order. 15 3. CHALLENGES TO CONFIDENTIAL OR HIGHLY 16 CONFIDENTIAL – ATTORNEYS’ EYES ONLY DESIGNATION. 17 (a) Any Party or non-Party may challenge a designation of “Confidential” 18 or “Highly Confidential – Attorneys’ Eyes Only” by another at any time that is 19 consistent with the Court’s Scheduling Order. The Challenging Party shall initiate 20 the dispute resolution process under Local Rule 37.1 et seq. Frivolous challenges, 21 and those made for an improper purpose (e.g., to harass or impose unnecessary 22 expenses and burdens on other parties) may expose the Challenging Party to 23 sanctions. Unless the Designating Party has waived or withdrawn the confidentiality 24 designation, all parties shall continue to afford the material in question the level of 25 protection to which it is entitled under the Producing Party’s designation until the 26 Court rules on the challenge. 27 28 1 4. DISCLOSURE OF MATERIALS DESIGNATED AS 2 CONFIDENTIAL OR HIGHLY CONFIDENTIAL – ATTORNEYS’ 3 EYES ONLY. 4 (a) Materials designated “Confidential” or “Highly Confidential – 5 Attorneys’ Eyes Only,” as well as summaries, excerpts and extracts thereof, shall not 6 be disclosed to or made accessible to any person except as specifically permitted by 7 this Protective Order. Materials designated “Confidential” or “Highly Confidential – 8 Attorneys’ Eyes Only” shall be used solely in the preparation for trial and/or trial of 9 the Litigation and shall not be used at any time for any other purpose. 10 (b) Materials designated as “Confidential” may be disclosed only to: 11 (i) The Court and its personnel; 12 (ii) Any Party to the Litigation or any attorney of record on the 13 Litigation, as well as their secretaries, paralegals, legal assistants, and other staff 14 actively involved in assisting in the Litigation, to the extent necessary to provide such 15 services in connection with the Litigation and only after being informed of the 16 provisions of this Protective Order; 17 (iii) In-house attorneys employed by any Party and working on the 18 Litigation, and their secretaries, paralegals, legal assistants, and other staff actively 19 involved in assisting in the Litigation; 20 (iv) Any expert or consultant who is retained by any of the Parties or 21 their counsel of record to assist counsel in the Litigation, and any employee of such 22 an expert assisting in the Litigation (hereafter, “Experts”) (1) to whom disclosure is 23 reasonably necessary for the Litigation, (2) who have signed the “Nondisclosure 24 Agreement” (Exhibit A), and (3) as to whom the procedures set forth in 25 paragraph 4(d), below have been followed. With respect to any expert or consultant 26 that is a current or former (within the past three years from the date of this Order) 27 employee of a Party or any entity that directly competes with Tesla (hereafter 28 1 “Conflicted Expert”), no disclosure of material designated as Confidential shall occur 2 unless the Designating Party is given at least 14 days prior written notice of the 3 identity of the Conflicted Expert (including name, address, current job title and the 4 names of any direct competitors by which he or she has been employed), the 5 Designating Party is afforded an opportunity to object to the disclosure of the 6 designated material and a resolution to any such objection has been reached either by 7 agreement or Court order; 8 (v) During his or her deposition, a witness in the action to whom 9 disclosure is reasonably necessary at the time of the deposition and only if such a 10 person is informed of the terms of this Protective Order and have signed the 11 “Nondisclosure Agreement” (Exhibit A), unless the Court orders or the Designating 12 Party agrees otherwise. Pages of transcribed deposition testimony or exhibits to 13 depositions that reveal Confidential Material may be separately bound by the court 14 reporter and may not be disclosed to anyone except as permitted under this Protective 15 Order; 16 (vi) Deposition and court reporters and their support personnel 17 (including video operators), for purposes of preparing transcripts; 18 (vii) Employees of outside copying services and other vendors 19 retained by counsel to assist in the copying, imaging, handling or computerization of 20 documents, but only to the extent necessary to provide such services in connection 21 with the Litigation and only after being informed of the provisions of this Protective 22 Order and; 23 (viii) Mediators or other Alternative Dispute Resolution neutrals 24 (including their employees, agents and contractors) to whom disclosure is reasonably 25 necessary to their involvement in the Litigation; and 26 27 28 1 (ix) The author or recipient of a document containing the information 2 or a custodian or other person who otherwise previously and lawfully possessed the 3 information, to the extent necessary for the Litigation. 4 (c) Each person to whom “Confidential”materials are disclosed (other than 5 persons described in paragraphs 4(b)(i) and (vi)) shall execute the “Nondisclosure 6 Agreement” that is attached hereto as Exhibit A prior to their receipt of the 7 Confidential materials, and shall agree to be bound by this Protective Order and to 8 be subject to the jurisdiction of this Court for the purposes of enforcement. Failure 9 to adhere to every requirement of this Protective Order may subject the violating 10 party to sanctions. Counsel disclosing “Confidential” materials to persons required 11 to execute “Nondisclosure Agreement” (Exhibit A) shall retain all such executed 12 agreements. Copies of the executed agreements shall be preserved by counsel and 13 shall be provided to the opposing party upon request. 14 (d) Materials designated as “Highly Confidential – Attorneys’ Eyes Only” 15 may be disclosed only to: 16 (i) The Receiving Party’s Outside Counsel of Record in this 17 Litigation, as well as employees of said Outside Counsel of Record to whom it is 18 reasonably necessary to disclose the information for the Litigation ; 19 (ii) In-house attorneys employed by any Party and working on the 20 Litigation, and their secretaries, paralegals, legal assistants, and other staff actively 21 involved in assisting in the Litigation; 22 (iii) Experts or consultants of the Receiving Party (1) to whom 23 disclosure is reasonably necessary for the Litigation, and, (2) who have signed the 24 “Nondisclosure Agreement” (Exhibit A); 25 1. Materials designated as “Highly Confidential – Attorneys’ 26 Eyes Only” may be disclosed to an Expert or consultant of the Receiving Party 27 without disclosure of that person’s identity to the Designating Party as long as they 28 1 are not a Conflicted Expert. With respect to any Conflicted Expert that is a current or 2 former (within the past three years from the date of this Order) employee of a Party 3 or any entity that directly competes with a Designating Party, no disclosure of 4 material designated as Highly Confidential –Attorneys’Eyes Only shall occur unless 5 the Designating Party is given at least 14 days prior written notice of the identity of 6 the Conflicted Expert (including name, address, current job title and the names of 7 any direct competitors by which he or she has been employed), the Designating Party 8 is afforded an opportunity to object to the disclosure of the designated material and 9 a resolution to any such objection has been reached either by agreement or Court 10 order. 11 2. A Party that receives a timely written objection must meet 12 and confer with the Designating Party (through direct voice to voice dialogue) to try 13 to resolve the matter by agreement within 7 days of the written objection. If no 14 agreement is reached, the Party seeking to make the disclosure to the Expert may file 15 a motion (in compliance with the Federal Rules of Civil Procedure and Local Rules, 16 if applicable) seeking permission from the court to do so. Any such motion must 17 describe the circumstances with specificity, set forth in detail the reasons why the 18 disclosure is reasonably necessary, assess the risk of harm that the disclosure would 19 entail, and suggest any additional means that could be used to reduce that risk. In 20 addition, any such motion must be accompanied by a competent declaration 21 describing the Parties’ efforts to resolve the matter by agreement (i.e., the extent and 22 the content of the meet and confer discussions) and setting forth the reasons advanced 23 by the Designating Party for its refusal to approve the disclosure. 24 (iv) The Court and its personnel; 25 (v) During his or her deposition, a witness in the action to whom 26 disclosure is reasonably necessary at the time of the deposition and only if such a 27 person is informed of the terms of this Protective Order and have signed the 28 1 “Nondisclosure Agreement” (Exhibit A), unless the Court orders or the Designating 2 Party agrees otherwise. Pages of transcribed deposition testimony or exhibits to 3 depositions that reveal Highly Confidential – Attorneys’ Eyes Only material may be 4 separately bound by the court reporter and may not be disclosed to anyone except as 5 permitted under this Protective Order; 6 (vi) Deposition and court reporters and their support personnel 7 (including video operators), for purposes of preparing transcripts; 8 (vii) Employees of outside copying services and other vendors 9 retained by counsel to assist in the copying, imaging, handling or computerization of 10 documents, but only to the extent necessary to provide such services in connection 11 with the Litigation and only after being informed of the provisions of this Protective 12 Order and; 13 (viii) Mediators or other Alternative Dispute Resolution neutrals 14 (including their employees, agents and contractors) to whom disclosure is reasonably 15 necessary to their involvement in the Litigation; and 16 (ix) The author or recipient of a document containing the information 17 or a custodian or other person who otherwise previously and lawfully possessed the 18 information, to the extent necessary for the Litigation. 19 (e) Each person to whom “Highly Confidential – Attorneys’ Eyes Only” 20 materials are disclosed (other than persons described in paragraphs 4(d)(vi)) shall 21 execute the “Nondisclosure Agreement” that is attached hereto as Exhibit A prior to 22 their receipt of the “Highly Confidential –Attorneys’Eyes Only”materials, and shall 23 agree to be bound by this Protective Order and to be subject to the jurisdiction of this 24 Court for the purposes of enforcement. Failure to adhere to every requirement of this 25 Protective Order may subject the violating party to sanctions. Counsel disclosing 26 “Highly Confidential – Attorneys’ Eyes Only” materials to persons required to 27 execute “Nondisclosure Agreement” (Exhibit A) shall retain all such executed 28 1 agreements. Copies of the executed agreements shall be preserved by counsel and 2 shall be provided to the opposing party upon request. 3 5. USE OF ARTIFICIAL INTELLIGENCE AND LARGE 4 LANGUAGE MODELS. 5 (a) The receiving party shall not load, import, submit, or otherwise transfer 6 documents or data produced by the producing party to any Large Language Model 7 (“LLM”) or Artificial Intelligence (“AI”) platform except as otherwise provided 8 herein. LLM or AI platforms may be utilized with industry standard data security 9 provisions only if the Party has ensured and certifies the documents and data will not 10 be utilized to train public models, will not be used to train AI products or tools being 11 used for purposes other than this litigation, and otherwise will not be made accessible 12 to other users of the LLM or AI platform. Any LLM or AI models and any AI outputs 13 developed using data produced in this litigation by another party shall not be used for 14 any purpose other than prosecuting or defending this litigation. 15 (b) No Confidential material, including excerpts from Confidential 16 Material, may be inputted into any public, non-compartmentalized generative 17 artificial intelligence system (e.g. ChatGPT, Google Bard, etc.). 18 6. USE IN COURT PROCEEDINGS -FILING OF COURT PAPERS. 19 (a) Nothing contained in this Protective Order shall be construed to 20 prejudice any Party’s right to use at trial or in any hearing before the court any 21 Confidential Information or Items, provided that reasonable notice of the intended 22 use of such material shall be given to all counsel of record in order to enable the 23 parties to arrange for appropriate safeguards, and provided that the rules applicable 24 to sealing records, as further addressed below, are followed. Likewise, nothing in this 25 Protective Order shall be dispositive of any issues of relevance, discoverability or 26 admissibility. 27 28 1 (b) Acknowledgement of Procedure for Filing Under Seal. The parties 2 acknowledge that this Stipulated Protective Order does not entitle them to file 3 confidential information under seal; Local Civil Rule 79-5 sets forth the procedures 4 that must be followed and the standards that will be applied when a party seeks 5 permission from the court to file material under seal. There is a strong presumption 6 that the public has a right of access to judicial proceedings and records in civil cases. 7 In connection with non-dispositive motions, good cause must be shown to support a 8 filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 9 1176 (9th Cir. 2006); Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th 10 Cir. 2002); Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 11 1999) (even stipulated protective orders require good cause showing), and a specific 12 showing of good cause or compelling reasons with proper evidentiary support and 13 legal justification, must be made with respect to Protected Material that a party seeks 14 to file under seal. The parties’ mere designation of Disclosure or Discovery Material 15 as CONFIDENTIAL does not—without the submission of competent evidence by 16 declaration, establishing that the material sought to be filed under seal qualifies as 17 confidential, privileged, or otherwise protectable—constitute good cause. 18 Further, if a party requests sealing related to a dispositive motion or trial, then 19 compelling reasons, not only good cause, for the sealing must be shown, and the 20 relief sought shall be narrowly tailored to serve the specific interest to be protected. 21 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each 22 item or type of information, document, or thing sought to be filed or introduced under 23 seal in connection with a dispositive motion or trial, the party seeking protection must 24 articulate compelling reasons, supported by specific facts and legal justification, for 25 the requested sealing order. Again, competent evidence supporting the application to 26 file documents under seal must be provided by declaration. 27 28 1 Any document that is not confidential, privileged, or otherwise protectable in 2 its entirety will not be filed under seal if the confidential portions can be redacted. If 3 documents can be redacted, then a redacted version for public viewing, omitting only 4 the confidential, privileged, or otherwise protectable portions of the document shall 5 be filed. Any application that seeks to file documents under seal in their entirety 6 should include an explanation of why redaction is not feasible. 7 7. CONFIDENTIAL MATERIAL SUBPOENAED OR ORDERED 8 PRODUCED IN OTHER LITIGATION 9 (a) If a Party is served with a subpoena or a court order issued in other 10 litigation that compels disclosure of any information or items designated in this 11 action as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ 12 EYES ONLY,” by another Party (including a third Party), the Party subject to a 13 requirement to produce the designated information, that Party must, to the extent 14 permitted by applicable law: 15 (i) promptly notify in writing the Designating Party. Such 16 notification shall include a copy of the subpoena or court order; 17 (ii) promptly notify in writing the party who caused the subpoena or 18 order to issue in the other litigation that some or all of the material covered by the 19 subpoena or order is subject to this Protective Order. Such notification shall include 20 a copy of this Stipulated Protective Order; 21 (iii) give the Designating Party at least 20 days from the date of the 22 notification to object to any such disclosure and seek a protective order or other 23 appropriate relief, and 24 (iv) cooperate with respect to all reasonable procedures sought to be 25 pursued by the Designating Party whose Protected Material may be affected. 26 (b) If the Designating Party timely seeks a protective order or other 27 appropriate relief, the Party served with the subpoena or court order shall not produce 28 1 any information designated in this action as “CONFIDENTIAL” before a 2 determination by the court from which the subpoena or order issued, unless the Party 3 has obtained the Designating Party’s written permission. The Designating Party shall 4 bear the burden and expense of seeking protection in that court of its confidential 5 material – and nothing in these provisions should be construed as authorizing or 6 encouraging a Receiving Party in this action to disobey a lawful directive from 7 another court, law enforcement or government agency. 8 8. MODIFICATION. 9 Nothing in this Protective Order shall preclude any Party from applying to the 10 court to modify this Protective Order to provide for additional safeguards to ensure 11 the confidentiality of materials produced in this action or otherwise modify this 12 Protective Order for good cause shown. 13 9. DISPOSITION OF MATERIALS AT CONCLUSION OF CASE. 14 All materials designated as “Confidential” or “Highly Confidential – 15 Attorneys’ Eyes Only” shall remain in the possession of the counsel of record of the 16 Party to whom such materials are produced, and they shall not permit any such 17 materials to leave their possession, except that copies of such materials may be made 18 for the use of persons to whom disclosure may be made under paragraph 4(b) of this 19 Protective Order. Within sixty (60) days after this action is concluded, including the 20 expiration or exhaustion of all rights to appeal, each Party to whom “Confidential” 21 or “Highly Confidential – Attorneys’ Eyes Only” materials were produced shall, at 22 the election of the Party receiving the materials, (a) return all documents and copies 23 containing “Confidential”or “Highly Confidential –Attorneys’Eyes Only”materials 24 (including, but not limited to, copies in the possession or control of any expert or 25 employee) to the Producing Party, (b) promptly destroy or delete, as applicable, all 26 such materials and copies and (c) provide a written certification under oath to the 27 Producing Party and to any Designating Party to that effect. 28 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED 2 MATERIAL 3 (a) Consistent with Federal Rule of Evidence 502(b) and (d), the 4 inadvertent production of any document or other Discovery Material that is 5 privileged or otherwise protected under the attorney-client privilege, work product 6 doctrine, or any other applicable privilege shall not operate as a waiver of such 7 privilege or protection in this or any other action. 8 (b) In the event of an inadvertent production of any privileged or otherwise 9 protected document or other Discovery Material, upon written request by the 10 Producing Party in which that party shall set forth the specific bases of any applicable 11 privilege or protection against disclosure, the Receiving Party shall immediately 12 cease reviewing, disseminating or using the Privileged Information. Within 2 13 business days after the request, (i) shall return the original and all copies of such 14 documents, or (ii) provide written assurance to the Producing Party that all such 15 copies have been disabled or destroyed or deleted. The Receiving Party shall not use 16 such information for any purpose until further order of the Court. 17 (c) If a Receiving Party learns that, by inadvertence or otherwise, it has 18 disclosed Protected Material to any person or in any circumstance not authorized 19 under this Protective Order, the Receiving Party must immediately (a) notify in 20 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 21 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 22 persons to whom unauthorized disclosures were made of all the terms of this 23 Protective Order, and (d) request such person or persons to execute the 24 “Nondisclosure Agreement” that is attached hereto as Exhibit A. 25 11. RETENTION OF JURISDICTION 26 The Court shall retain jurisdiction over all persons to be bound by the terms of 27 this Protective Order, during the pendency of this action and for such time thereafter 28 1 as is needed to carry out its terms. 2 12. NO WAIVER 3 By stipulating to the entry of this Protective Order, no Party waives any right 4 it otherwise would have to object to disclosing or producing any document or 5 Discovery Material on any ground. Similarly, no Party waives any right to object on 6 any ground to use in evidence of any of the documents or Discovery Material covered 7 by this Protective Order. 8 9 Dated: June 27, 2025 MORGAN, LEWIS & BOCKIUS LLP 10 11 By: /s/ Brian Ercole DAVID L. SCHRADER 12 BRIAN M. ERCOLE MARK A. FELLER 13 MATTHEW M. PAPKIN KATHERINE A. VAKY 14 Attorneys for Defendant 15 TESLA, INC. 16 17 Dated: June 27, 2025 CAPSTONE LAW APC 18 19 By: /s/ Nathan Kiyam Cody R. Padgett 20 Shahin Rezvani Abigail Gertner 21 Majdi Hijazin Nathan N. Kiyam 22 Attorneys for Plaintiff 23 24 25 26 27 28 1 ORDER 2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation 3 || and Protective Order. 4 IT IS SO ORDERED. 5 + 61 Date: 6/27/2025 Rayel a, Qa. Oe 7 US Mocistrate Tudoe Central District g of California 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 [PROPOSED] STIPULATED PROTECTIVE

1 EXHIBIT A 2 NONDISCLOSURE AGREEMENT 3 I ___________________________________, do solemnly swear that I am 4 familiar with the terms of the STIPULATION AND PROTECTIVE ORDER RE: 5 CONFIDENTIAL OR HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 6 ONLY INFORMATION (Protective Order) entered in Karunatilaka v. Tesla, Inc., 7 United States District Court for the Central District of California, and hereby agree 8 to comply with and be bound by the terms and conditions of said Protective Order 9 unless and until modified by further order of this Court. I hereby consent to the 10 jurisdiction of said Court for purposes of enforcing this Protective Order. 11 12 DATED: BY: Signature 13 14 Print 15 16 17 18 19 20 21 22 23 24 25 26 27 28