Pulsar Products, Inc. v. Wall Box Chargers, S.L.; Wallbox N.V.; Wallbox USA Inc.

Opinion

1 2 3 4 5 6 7 11 12 PULSAR PRODUCTS, INC., a California corporation, Case No. 5:26-cv-00355-KK-DSR 13 ____________ Plaintiff, [PROPOSED] STIPULATED 14 v. PROTECTIVE ORDER 15 WALL BOX CHARGERS, S.L., a Spanish limited liability company; 16 WALLBOX N.V., a Dutch public limited liability company; and 17 WALLBOX USA INC., a Delaware corporation, 18 Defendants. 19 WALL BOX CHARGER, S.L., a 20 Spanish limited liability company, and 21 WALLBOX USA INC., a Delaware corporation, 22 Counterclaimants, 23 v. 24 PULSAR PRODUCTS, INC., 25 Counterclaim Defendant. 26 27 28 1 1. GENERAL 2 1.1 Purposes and Limitations. Discovery in this action is likely to involve 3 production of confidential, proprietary, or private information for which special 4 protection from public disclosure and from use for any purpose other than prosecuting 5 this litigation may be warranted. Accordingly, the parties hereby stipulate to and 6 petition the Court to enter the following Stipulated Protective Order. The parties 7 acknowledge that this Order does not confer blanket protections on all disclosures or 8 responses to discovery and that the protection it affords from public disclosure and 9 use extends only to the limited information or items that are entitled to confidential 10 treatment under the applicable legal principles. The parties further acknowledge, as 11 set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle 12 them to file confidential information under seal; Civil Local Rule 79-5 sets forth the 13 procedures that must be followed and the standards that will be applied when a party 14 seeks permission from the court to file material under seal. 15 1.2 Good Cause Statement. 16 This action is likely to involve confidential, non-public information of a trade 17 secret or competitively sensitive and proprietary nature, for which special protection 18 from public disclosure and from use for any purpose other than prosecution of this 19 action is warranted. Such confidential and proprietary materials and information will 20 likely consist of, among other things, confidential business or financial information, 21 information regarding confidential business strategies and practices, marketing plans, 22 product development, product launch plans, customer profiles, price lists, customer 23 lists, supply chain lists, products costs and margins, or other confidential research, 24 development, or commercial information (including information implicating privacy 25 rights of third parties), information otherwise generally unavailable to the public, or 26 which may be privileged or otherwise protected from disclosure under state or federal 27 statutes, court rules, case decisions, or common law. Accordingly, to expedite the 28 2 1 flow of information, to facilitate the prompt resolution of disputes over confidentiality 2 of discovery materials, to adequately protect information the parties are entitled to 3 keep confidential, to ensure that the parties are permitted reasonable necessary uses 4 of such material in preparation for and in the conduct of trial, to address their handling 5 at the end of the litigation, and serve the ends of justice, a protective order for such 6 information is justified in this matter. It is the intent of the parties that information 7 will not be designated as confidential for tactical reasons and that nothing be so 8 designated without a good faith belief that it has been maintained in a confidential, 9 non-public manner, and there is good cause why it should not be part of the public 10 record of this case. 11 2. DEFINITIONS 12 2.1 Action: Pulsar Products, Inc. v. Wall Box Chargers, S.L., et al., CDCA 13 Case No. 5:26-cv-00355-KK-DSR. 14 2.2 “ATTORNEYS’ EYES ONLY” Information or Items: information 15 designated “CONFIDENTIAL” that is of a highly sensitive nature, the disclosure of 16 which could create an elevated risk of causing substantial commercial or competitive 17 harm (i.e., non-public documents or information regarding, discussing, relating to, or 18 reflecting pricing and business strategy documents, product research and 19 development, marketing plans, customer lists, supply chain lists, customer or market 20 profiles, financial statements, sales data, profit margin data, cost and expense data, 21 revenue information relating to specific customers or classes of customer or suppliers, 22 non-public scientific research, contracts, and technical information related to a Party’s 23 products, other non-public, competitively sensitive information bearing on the 24 “likelihood of confusion” factors set forth in AMF, Inc. v. Sleekcraft Boats, 599 F.2d 25 391 (9th Cir. 1979), or other categories of information which the parties agree in 26 writing should be designated as “ATTORNEYS’ EYES ONLY”). Any copies or 27 reproductions, excerpts, summaries or other documents or media that contain 28 3 1 “ATTORNEYS’ EYES ONLY” Information or Items as defined above shall also be 2 treated as “ATTORNEYS’ EYES ONLY” Information or Items pursuant to this 3 Order. 4 2.3 Challenging Party: a Party or Non-Party that challenges the designation 5 of information or items under this Order. 6 2.4 “CONFIDENTIAL” Information or Items: information (regardless of 7 how it is generated, stored or maintained) or tangible things that qualify for protection 8 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 9 Cause Statement. 10 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their 11 support staff). 12 2.6 Designating Party: a Party or Non-Party that designates information or 13 items that it produces in disclosures or in responses to discovery as 14 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” 15 2.7 Disclosure or Discovery Material: all items or information, regardless 16 of the medium or manner in which it is generated, stored, or maintained (including, 17 among other things, testimony, transcripts, and tangible things), that are produced or 18 generated in disclosures or responses to discovery in this matter. 19 2.8 Expert: a person with specialized knowledge or experience in a matter 20 pertinent to the litigation who has been retained by a Party or its counsel to serve as 21 an expert witness or as a consultant in this Action. 22 2.9 House Counsel: attorneys who are employees of a party to this Action. 23 House Counsel does not include Outside Counsel of Record or any other outside 24 counsel. 25 2.11 Non-Party: any natural person, partnership, corporation, association, or 26 other legal entity not named as a Party to this action. 27 28 4 1 2.12 Outside Counsel of Record: attorneys who are not employees of a party 2 to this Action but are retained to represent or advise a party to this Action and have 3 appeared in this Action on behalf of that party or are affiliated with a law firm that 4 has appeared on behalf of that party, including support staff. 5 2.13 Party: any party to this Action, including all of its officers, directors, 6 employees, consultants, retained experts, and Outside Counsel of Record (and their 7 support staffs). 8 2.14 Producing Party: a Party or Non-Party that produces Disclosure or 9 Discovery Material in this Action. 10 2.15 Professional Vendors: persons or entities that provide litigation support 11 services (e.g., photocopying, videotaping, translating, preparing exhibits or 12 demonstrations, and organizing, storing, or retrieving data in any form or medium) 13 and their employees and subcontractors. 14 2.16 Protected Material: any Disclosure or Discovery Material that is 15 designated as “CONFIDENTIAL” or ATTORNEYS EYES ONLY.” 16 2.17 Receiving Party: a Party that receives Disclosure or Discovery Material 17 from a Producing Party. 18 3. SCOPE 19 The protections conferred by this Stipulation and Order cover not only 20 Protected Material (as defined above), but also (1) any information copied or extracted 21 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 22 Protected Material; and (3) any testimony, conversations, or presentations by Parties 23 or their Counsel that might reveal Protected Material. 24 Any use of Protected Material at trial shall be governed by the orders of the 25 trial judge. This Order does not govern the use of Protected Material at trial. 26 4. DURATION 27 Once a case proceeds to trial, all of the court-filed information to be introduced 28 5 1 that was previously designated as CONFIDENTIAL, ATTORNEYS’ EYES ONLY, 2 or maintained pursuant to this protective order becomes public and will be 3 presumptively available to all members of the public, including the press, unless 4 compelling reasons supported by specific factual findings to proceed otherwise are 5 made to the trial judge in advance of the trial. See Kamakana v. City and Cty. of 6 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” 7 showing for sealing documents produced in discovery from “compelling reasons” 8 standard when merits-related documents are part of court record). Accordingly, the 9 terms of this protective order do not extend beyond the commencement of the trial. 10 5. DESIGNATING PROTECTED MATERIAL 11 5.1 Exercise of Restraint and Care in Designating Material for Protection. 12 Each Party or Non-Party that designates information or items for protection under this 13 Order must take care to limit any such designation to specific material that qualifies 14 under the appropriate standards. The Designating Party must designate for protection 15 only those parts of material, documents, items, or oral or written communications that 16 qualify so that other portions of the material, documents, items, or communications 17 for which protection is not warranted are not swept unjustifiably within the ambit of 18 this Order. 19 Mass, indiscriminate, or routinized designations are prohibited. Designations 20 that are shown to be clearly unjustified or that have been made for an improper 21 purpose (e.g., to unnecessarily encumber the case development process or to impose 22 unnecessary expenses and burdens on other parties) may expose the Designating Party 23 to sanctions. 24 If it comes to a Designating Party’s attention that information or items that it 25 designated for protection do not qualify for protection, that Designating Party must 26 promptly notify all other Parties that it is withdrawing the inapplicable designation. 27 28 6 1 5.2 Manner and Timing of Designations. Except as otherwise provided in 2 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 4 under this Order must be clearly so designated before the material is disclosed or 5 produced. 6 Designation in conformity with this Order requires: 7 (a) for information in documentary form (e.g., paper or electronic 8 documents, but excluding transcripts of depositions or other pretrial or trial 9 proceedings), that the Producing Party affix, at a minimum, the legend 10 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” depending on the level of 11 protection needed, to each page that contains protected material. If only a portion or 12 portions of the material on a page qualifies for protection, the Producing Party also 13 must clearly identify the protected portion(s) (e.g., by making appropriate markings 14 in the margins). 15 A Party or Non-Party that makes original documents available for inspection 16 need not designate them for protection until after the inspecting Party has indicated 17 which documents it would like copied and produced. During the inspection and 18 before the designation, all of the material made available for inspection shall be 19 deemed “ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified 20 the documents it wants copied and produced, the Producing Party must determine 21 which documents, or portions thereof, qualify for protection under this Order. Then, 22 before producing the specified documents, the Producing Party must affix EITHER 23 the “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” legend to each page that 24 contains Protected Material. If only a portion or portions of the material on a page 25 qualifies for protection, the Producing Party also must clearly identify the protected 26 portion(s) (e.g., by making appropriate markings in the margins). 27 (b) for testimony given in depositions that the Designating Party either 28 7 1 (1) identify the Disclosure or Discovery Material on the record, before the close of 2 the deposition or (2) designate, on the record, that the entire transcript will be 3 conditionally deemed ATTORNEYS’ EYES ONLY subject to the Designating Party 4 indicating on a line-by-line basis the information deemed CONFIDENTIAL or 5 “ATTORNEYS’ EYES ONLY” within 30 days of receipt of the transcript. If the 6 Designating Party does not make the line-by-line designation within 30 days of receipt 7 of the transcript, the entire transcript will not be Protected Material. 8 (c) for information produced in some form other than documentary and 9 for any other tangible items, that the Producing Party affix in a prominent place on 10 the exterior of the container or containers in which the information is stored the 11 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” legend. If only a portion or 12 portions of the information warrants protection, the Producing Party, to the extent 13 practicable, shall identify the protected portion(s). 14 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 15 failure to designate qualified information or items does not, standing alone, waive the 16 Designating Party’s right to secure protection under this Order for such material. 17 Upon timely correction of a designation, the Receiving Party must make reasonable 18 efforts to assure that the material is treated in accordance with the provisions of this 19 Order. 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 22 designation of confidentiality at any time that is consistent with the Court’s 23 Scheduling Order. 24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 25 resolution process under Local Rule 37-1, et seq. Any discovery motion must strictly 26 comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3. 27 28 8 1 6.3 Burden. The burden of persuasion in any such challenge proceeding 2 shall be on the Designating Party. Frivolous challenges, and those made for an 3 improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 4 other parties) may expose the Challenging Party to sanctions. Unless the Designating 5 Party has waived or withdrawn the confidentiality designation, all parties shall 6 continue to afford the material in question the level of protection to which it is entitled 7 under the Producing Party’s designation until the Court rules on the challenge. 8 7. ACCESS TO AND USE OF PROTECTED MATERIAL 9 7.1 Basic Principles. A Receiving Party may use Protected Material that is 10 disclosed or produced by another Party or by a Non-Party in connection with this 11 Action only for prosecuting, defending, or attempting to settle this Action. Such 12 Protected Material may be disclosed only to the categories of persons and under the 13 conditions described in this Order. When the Action has been terminated, a Receiving 14 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 15 Protected Material must be stored and maintained by a Receiving Party at a 16 location and in a secure manner that ensures that access is limited to the persons 17 authorized under this Order. 18 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 19 otherwise ordered by the Court or permitted in writing by the Designating Party, a 20 Receiving Party may disclose any information or item designated 21 “CONFIDENTIAL” only to: 22 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 23 well as employees of said Outside Counsel of Record to whom it is reasonably 24 necessary to disclose the information for this Action; 25 (b) the officers, directors, and employees (including House Counsel) of 26 the Receiving Party to whom disclosure is reasonably necessary for this Action; 27 28 9 1 (c) Experts (as defined in this Order) of the Receiving Party to whom 2 disclosure is reasonably necessary for this Action and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (d) the Court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, mock jurors, and Professional 7 Vendors to whom disclosure is reasonably necessary for this Action and who have 8 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (g) the author or recipient of a document containing the information or 10 a custodian or other person who is shown, in written or oral evidence, or foundation 11 laid in deposition testimony, to have otherwise possessed or known the information; 12 (h) during their depositions, witnesses, and attorneys for witnesses, in 13 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 14 party requests that the witness sign the form attached as Exhibit A hereto; and (2) they 15 will not be permitted to keep any confidential information unless they sign the 16 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 17 agreed by the Designating Party or ordered by the Court. Pages of transcribed 18 deposition testimony or exhibits to depositions that reveal Protected Material may be 19 separately bound by the court reporter and may not be disclosed to anyone except as 20 permitted under this Stipulated Protective Order; and 21 (i) any mediator or settlement officer, and their supporting personnel, 22 mutually agreed upon by any of the parties engaged in settlement discussions. 23 7.3 Disclosure of “ATTORNEYS’ EYES ONLY” Information or Items. 24 Unless otherwise ordered by the court or permitted in writing by the Designating 25 Party, a Receiving Party may disclose any information or item designated 26 “ATTORNEYS’ EYES ONLY” only to: 27 28 10 1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 2 well as employees of said Outside Counsel of Record to whom it is reasonably 3 necessary to disclose the information for this Action. 4 (b) to Experts (as defined in this Order) of the Receiving Party (1) to 5 whom disclosure is reasonably necessary for this Action, (2) who have signed the 6 “Acknowledgement and Agreement to be Bound” (Exhibit A), and (3) as to whom 7 the procedures set forth in paragraph 7.4(a), below, have been followed; 8 (c) the court and its personnel; 9 (d) court reporters and their staff; 10 (e) professional jury or trial consultants, mock jurors, and Professional 11 Vendors to whom disclosure is reasonably necessary for this Action and who have 12 signed the “Acknowledgement and Agreement to be Bound” (Exhibit A); 13 (f) the author or recipient of a document containing the information or a 14 custodian or other person who is shown, in written or oral evidence, or foundation 15 laid in deposition testimony, to have otherwise possessed or known the information; 16 (g) during their depositions, to witnesses, and attorneys for witnesses, in 17 the Action to whom disclosure is reasonably necessary, provided: (1) no Party or Non- 18 Party objects to the proposed disclosure to the witness or attorney for the witness; (2) 19 the deposing party requests that the witness sign the “Acknowledgment and 20 Agreement to be Bound” (Exhibit A); (3) prior to any disclosure, the deposing party 21 consults with the Designating Party and counsel participating in the deposition in 22 order to determine whether a Party or Non-Party objects to the disclosure; and (4) the 23 witness and his or her attorney may not keep any “ATTORNEYS EYES ONLY” 24 Information or Item unless they sign the “Acknowledgement and Agreement to be 25 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by 26 the court. Pages of transcribed deposition testimony or exhibits to depositions that 27 reveal Protected Material may be separately bound by the court reporter and may not 28 11 1 be disclosed to anyone except as permitted under this Stipulated Protective Order; and 2 (h) to any mediator or settlement officer, and their supporting personnel, 3 mutually agreed upon by any of the parties engaged in settlement discussions. 4 7.4 Procedures for Approving or Objecting to Disclosure of 5 “ATTORNEYS’ EYES ONLY” Information or Items to Experts. 6 (a) Unless otherwise ordered by the court or agreed to in writing by the 7 Designating Party, a Party that seeks to disclose to an Expert (as defined in this Order) 8 any information or item that has been designated “ATTORNEYS’ EYES ONLY” 9 pursuant to paragraph 7.3(b) first must make a written request to the Designating Party 10 that (1) sets forth the full name of the Expert and the city and state of his or her primary 11 residence and (2) attaches a copy of the Expert’s current resume, which must include 12 information identifying the Expert’s current employer. 13 (b) A Party that makes a request and provides the “ATTORNEYS’ 14 EYES ONLY” information specified in paragraph 7.4(a) may disclose the subject 15 Protect Material to the identified Expert unless, within seven days of delivering the 16 request, the Party receives a written objection from the Designating Party. Any such 17 objection must set forth in detail the grounds on which it is based. 18 (c) A Party that receives a timely written objection must meet and confer 19 with the Designating Party (through videoconference) to try to resolve the matter by 20 agreement with seven days of the written objection, which conference shall be 21 conducted consistent with Local Rule 37-1. If no agreement is reached, the 22 Designating Party may file a motion seeking relief preventing disclosure to the Expert 23 in compliance with Local Rule 37. A Designating Party’s failure to provide its portion 24 of the Joint Stipulation pursuant to Local Rule 37-1, absent agreement otherwise, shall 25 constitute a waiver of the Designating Party’s objection permitting the Receiving 26 Party to disclose the Information to the Expert. 27 28 12 1 In any proceeding under this section seeking to prevent disclosure to an Expert, 2 the Designating Party opposing disclosure to the Expert shall bear the burden of 3 proving that the risk of harm that the disclosure would entail (under the safeguards 4 proposed) outweighs the Receiving Party’s need to disclose the Protected Material to 5 its Expert. 6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 8 If a Party is served with a subpoena or a court order issued in other litigation 9 that compels disclosure of any information or items designated in this Action as 10 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” that Party must: 11 (a) promptly notify in writing the Designating Party. Such notification shall 12 include a copy of the subpoena or court order; 13 (b) promptly notify in writing the party who caused the subpoena or order to 14 issue in the other litigation that some or all of the material covered by the subpoena 15 or order is subject to this Protective Order. Such notification shall include a copy of 16 this Stipulated Protective Order; and 17 (c) cooperate with respect to all reasonable procedures sought to be pursued 18 by the Designating Party whose Protected Material may be affected. 19 If the Designating Party timely seeks a protective order, the Party served with 20 the subpoena or court order shall not produce any information designated in this action 21 as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a determination by 22 the court from which the subpoena or order issued, unless the Party has obtained the 23 Designating Party’s permission. The Designating Party shall bear the burden and 24 expense of seeking protection in that court of its confidential material and nothing in 25 these provisions should be construed as authorizing or encouraging a Receiving Party 26 in this Action to disobey a lawful directive from another court. 27 28 13 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 3 (a) The terms of this Order are applicable to information produced by a Non- 4 Party in this Action and designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES 5 ONLY.” Such information produced by Non-Parties in connection with this litigation 6 is protected by the remedies and relief provided by this Order. Nothing in these 7 provisions should be construed as prohibiting a Non-Party from seeking additional 8 protections. 9 (b) In the event that a Party is required, by a valid discovery request, to produce 10 a Non-Party’s confidential information in its possession, and the Party is subject to an 11 agreement with the Non-Party not to produce the Non-Party’s confidential 12 information, then the Party shall: 13 (1) promptly notify in writing the Requesting Party and the Non-Party 14 that some or all of the information requested is subject to a confidentiality agreement 15 with a Non-Party; 16 (2) promptly provide the Non-Party with a copy of the Stipulated 17 Protective Order in this Action, the relevant discovery request(s), and a reasonably 18 specific description of the information requested; and 19 (3) make the information requested available for inspection by the Non- 20 Party, if requested. 21 (c) If the Non-Party fails to seek a protective order from this Court within 14 22 days of receiving the notice and accompanying information, the Receiving Party may 23 produce the Non-Party’s confidential information responsive to the discovery request. 24 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 25 any information in its possession or control that is subject to the confidentiality 26 agreement with the Non-Party before a determination by the Court. Absent a court 27 order to the contrary, the Non-Party shall bear the burden and expense of seeking 28 14 1 protection in this Court of its Protected Material. 2 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 3 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 4 Protected Material to any person or in any circumstance not authorized under this 5 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 6 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 7 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 8 persons to whom unauthorized disclosures were made of all the terms of this Order, 9 and (d) request such person or persons to execute the “Acknowledgment and 10 Agreement to Be Bound” that is attached hereto as Exhibit A. 11 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 When a Producing Party gives notice to Receiving Parties that certain 14 inadvertently produced material is subject to a claim of privilege or other protection, 15 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 16 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 17 may be established in an e-discovery order that provides for production without prior 18 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 19 parties reach an agreement on the effect of disclosure of a communication or 20 information covered by the attorney-client privilege or work product protection, the 21 parties may incorporate their agreement in the stipulated protective order submitted 22 to the Court. 23 12. MISCELLANEOUS 24 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 25 person to seek its modification by the Court in the future. 26 12.2 Right to Assert Other Objections. By stipulating to the entry of this 27 Protective Order, no Party waives any right it otherwise would have to object to 28 15 1 disclosing or producing any information or item on any ground not addressed in this 2 Stipulated Protective Order. Similarly, no Party waives any right to object on any 3 ground to use in evidence of any of the material covered by this Protective Order. 4 12.3 Filing Protected Material. A Party that seeks to file under seal any 5 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 6 only be filed under seal pursuant to a court order authorizing the sealing of the specific 7 Protected Material at issue; good cause must be shown in the request to file under 8 seal. If a Party’s request to file Protected Material under seal is denied by the Court, 9 then the Receiving Party may file the information in the public record unless 10 otherwise instructed by the Court. 11 13. FINAL DISPOSITION 12 After the final disposition of this Action, within 60 days of a written request by 13 the Designating Party, each Receiving Party must return all Protected Material to the 14 Producing Party or destroy such material. As used in this subdivision, “all Protected 15 Material” includes all copies, abstracts, compilations, summaries, and any other 16 format reproducing or capturing any of the Protected Material. Whether the Protected 17 Material is returned or destroyed, the Receiving Party must submit a written 18 certification to the Producing Party (and, if not the same person or entity, to the 19 Designating Party) by the 60 day deadline that (1) identifies (by category, where 20 appropriate) all the Protected Material that was returned or destroyed, and (2) affirms 21 that the Receiving Party has not retained any copies, abstracts, compilations, 22 summaries or any other format reproducing or capturing any of the Protected Material. 23 Notwithstanding this provision, counsel are entitled to retain an archival copy of all 24 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 25 correspondence, deposition and trial exhibits, expert reports, attorney work product, 26 and consultant and expert work product, even if such materials contain Protected 27 28 16 1 || Material. Any such archival copies that contain or constitute Protected Material 2 || remain subject to this Protective Order as set forth in Section 4 (DURATION). 3 || 14. VIOLATION OF ORDER 4 Any violation of this Order may be punished by any and all appropriate 5 || measures including, without limitation, contempt proceedings and/or monetary 6 || sanctions. 7 8 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 9 Dated: May 27, 2026 /s/_K. Andrew Kent 10 K. Andrew Kent Attorneys for Plaintiff and Counterclaim Defendant 12 Pulsar Products, Inc. 13 Dated: May 27, 2026 /s/ Peter Shmamoto 14 Peter Shimamoto Attorneys for Defendants and Counterclaimants 16 Wall Box Chargers. S.L. and Wallbox USA Inc., 7 and Defendant Wallbox N.V. 18 19 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 21 |! DATED: June 1, 2026 GD. fobata 22 Hon. Daniel S. Roberts United States Magistrate Judge 23 24 25 26 27 28 17

3 I, _____________________________ [full name], of _________________ 4 [full address], declare under penalty of perjury that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the United States 6 District Court for the Central District of California on ____________ [date] in the 7 case of Pulsar Products, Inc. v. Wall Box Chargers, S.L., et al., CDCA Case No. 8 5:26-cv-00355-KK-DSR. I agree to comply with and to be bound by all the terms of 9 this Stipulated Protective Order and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item that 12 is subject to this Stipulated Protective Order to any person or entity except in strict 13 compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint __________________________ [full 18 name] of _______________________________________ [full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective 21 Order. 22 Date: ______________________________________ 23 City and State where signed: _________________________________ 24 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28 18