Ramos v. Apple Inc.

Opinion

USDC SDNY DOCUMENT ELECTRONICALLY FILED IN THE UNITED STATES DISTRICT COURT DOC #: FOR THE SOUTHERN DISTRICT OF NEW YORK pateriep: □□□□□□□□□□ □□□□ RAVEN RAMOS, JEFFREY MCNEILL, § and TYLER O’NEAL, individually andon —§ behalf of all similarly situated, § § Plaintiffs, § § Civil Action No. 22-cv-02761-NSR Vv. § § APPLE INC., § §

Defendant. § §

§ DRAFT STIPULATED PROTECTIVE ORDER REGARDING THE DISCLOSURE AND USE OF DISCOVERY MATERIALS Named Plaintiffs Raven Ramos, Jeffrey McNeill and Tyler O’Neal (“Plaintiffs”), and Defendant Apple Inc. (“Defendant”) anticipate that documents, testimony, or information containing or reflecting confidential, proprietary, trade secret, and/or commercially sensitive information are likely to be disclosed or produced during the course of discovery in this case and request that the Court enter this Order setting forth the conditions for treating, obtaining, and using such information. Pursuant to Federal Rule of Civil Procedure 26(c), the Court finds good cause for the following Stipulated Protective Order Regarding the Disclosure and Use of Discovery Materials (“Order” or “Protective Order”). 1. PURPOSES AND LIMITATIONS (a) Protected Material (defined below) designated under the terms of this Protective Order shall be used by a Receiving Party (defined below) solely for this case, and shall not be used directly or indirectly for any other purpose whatsoever.

STIPULATED PROTECTIVE ORDER - PAGE 1

(b) ThePartiesacknowledgethatthisOrderdoesnotconferblanketprotections on all disclosures during discovery. Designations under this Order shall be made with care and shall not be made absent a good faith belief that the designated material satisfies the criteria set forth below. If it comes to the attention of a Producing Party (defined below) that designated materialdoesnotqualifyforprotectionatall,ordoesnotqualifyforthelevelofprotectioninitially

asserted, the Producing Party must promptly notify all other Parties that it is withdrawing or changingthe designation. (c) The Parties agree that this Order does not address the production of source code (including source and source code listings, object code and object code listings, executable code,and similar sensitive software code, whether in print or electronic form). Before any Party requests such source code, the Party making that request shall provide notice to all other Parties. Upon receipt of such notice, the Parties agree to collectively negotiate in good faith a protective ordergoverningtheproductionofsourcecode. (d) Nothing contained in this Order is intended to or shall serve to limit a

Party’s right to conduct a review of documents, electronically stored information or information (including metadata) for relevance, responsiveness and/or segregation of privileged or protected informationbefore production. 2. DEFINITIONS (a) “Discovery Material” means all items or information, including from any non-party,regardlessofthemediumormannergenerated,stored,ormaintained(including,among other things, testimony, transcripts, or tangible things) that are produced, disclosed, or generated inconnection with discoveryin thiscase. (b) “Outside Counsel” means (i) outside counsel who appear on the pleadings as counsel for a Party and (ii) partners, associates, and staff of such counsel to whom it is reasonably necessaryto disclose theinformation for thislitigation. (c) “Party” means any party to this case, includingall of its officers, directors, employees,consultants,vendors,retainedexperts, andOutsideCounsel andtheirsupportstaffs.

(d) “ProducingParty”means anyPartyornon-party that disclosesorproduces anyDiscoveryMaterial inthis case. (e) “Protected Material” means any 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 disseminatedto thepublic. (f) “Receiving Party” means any Party who receives Discovery Material from aProducing Party.

3. COMPUTATION OFTIME ThecomputationofanyperiodoftimeprescribedorallowedbythisOrdershallbe governedbytheprovisions forcomputingtimeset forthintheFederalRulesofCivil Procedure. 4. SCOPE (a) The protections conferred bythis Order cover not only Discovery Material governed by this Order as addressed herein, but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by Parties or their counsel in court or in other settings that might

reveal ProtectedMaterial. (b) NothinginthisProtectiveOrdershallpreventorrestrictaProducingParty’s own disclosure or use of its own Protected Material for any purpose, and nothing in this Order shall preclude any Producing Party from showing its Protected Material to an individual who preparedthe ProtectedMaterial. (c) Nothing in this Order shall 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 orbyorderoftheCourt. (d) This Order is 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 beproducedatall. 5. DURATION Even after the termination of this case, the confidentiality obligations imposed by thisOrdershallremainineffectuntilaProducingPartyagreesotherwiseinwritingoracourtorder otherwise directs.

6. ACCESSTO ANDUSE OFPROTECTED MATERIAL (a) Basic Principles. All DiscoveryMaterial shall be usedsolely for this case or any related appellate proceeding, and not for any other purpose whatsoever, including without limitation any other litigation, patent prosecution or acquisition, patent reexamination or reissue proceedings, or any business or competitive purpose or function. Protected Material shall not be distributed,disclosedormade available to anyone except as expresslyprovidedinthis Order. (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 ensures that access is limited to the persons authorized under this Order. To ensure compliance with applicable United States Export Administration Regulations, Protected Material may not be exported outside the United States or released to any foreign national (even if within the United States). (c) LegalAdviceBasedonProtectedMaterial.NothinginthisProtectiveOrder shallbe construedto prevent counsel from advisingtheirclients withrespectto this case based in

whole or in part upon Protected Materials, provided counsel does not disclose the Protected Materialitself except as providedinthis Order. (d) Limitations. Nothing in this Order shall restrict in any way a Producing Party’s useordisclosure of its ownProtected Material. Nothingin this Ordershall restrictin any way the use or disclosure of Discovery Material by a Receiving Party: (i) that is or has become publiclyknownthroughnofault oftheReceivingParty;(ii)thatislawfullyacquiredbyorknown 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

ProducingParty; or(v)pursuant to orderoftheCourt. 7. DESIGNATING PROTECTEDMATERIAL (a) Available Designations. Any Producing Party may designate Discovery Material with any of the following designations, provided that it meets the requirements for such designationsasprovidedforherein: “CONFIDENTIAL”or“CONFIDENTIAL-ATTORNEYS’ EYESONLY.” (b) Written Discovery and Documents and Tangible Things. Written discovery,documents(whichinclude“electronicallystoredinformation,”asthatphraseisusedin Rule 34(a)(1)(A)oftheFederalRules ofCivilProcedureandthe LocalRulesofthis District,and tangiblethingsthatmeet therequirements forconfidentiality maybesodesignatedbyplacingthe appropriatedesignationoneverypageofthewrittenmaterialpriortoproduction. Fordigitalfiles beingproduced,theProducingPartymaymarkeachviewable pageor imagewith theappropriate designation,andmarkthemedium,container,and/orcommunicationinwhichthedigitalfileswere contained. In the event that original documents are produced for inspection, the original

documents shall be presumed “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” during the inspectionandre-designated,asappropriate during thecopyingprocess. (c) NativeFiles. Where electronic files and documents areproduced in native electronicformat,suchelectronicfilesanddocumentsshallbedesignatedforprotectionunderthis Order by appending to the file names or designators information indicating whether the file contains “CONFIDENTIAL”or“CONFIDENTIAL-ATTORNEYS’EYESONLY”material,or shall use any other reasonable method for so designating Protected Materials produced in electronic format. When electronic files or documents areprinted for use at deposition, in a court proceeding, or for provision in printed form to an expert or consultant, the party printing the

electronic files or documents shall affix a legend to the printed document corresponding to the designation of the Producing Party and including the production number and designation associatedwiththenativefile. Nooneshallseektouseinthislitigationa.tiff,.pdforotherimage format version of a document producedin native file format without first (1) providing a copy of theimage formatversiontotheProducingPartysothattheProducingPartycanreviewtheimage to ensure that no information has been altered, and (2) obtaining the consent of the Producing Party,whichconsentshall notbe unreasonably withheld. (d) Depositions and Testimony. Parties or testifying persons or entities may designate depositions and other testimony with the appropriate designation by indicating on the recordatthetimethetestimonyisgivenorbysendingwrittennoticeofhowportionsofthetranscript ofthetestimony 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 providedfor herein has passed. Any Party that wishes to disclose

the transcript, or information contained therein prior to the end of the thirty (30) day period, may providewrittennoticeofitsintenttotreatthetranscript asnon-confidential,afterwhichtime,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. AnyProtectedMaterialthatis usedinthetakingofadepositionshallremainsubject totheprovisionsofthisProtectiveOrder,alongwiththetranscriptpagesofthedepositiontestimony dealing with such Protected Material. In such cases the court reporter shall be informed of this ProtectiveOrderandshallberequiredtooperateinamannerconsistentwiththisProtectiveOrder. 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 ProtectiveOrder,substantiallyalongthelinesof“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. 8. DISCOVERYMATERIALDESIGNATED AS“CONFIDENTIAL” (a) A Producing Party may designate Discovery Material as “CONFIDENTIAL” if it contains or reflects confidential, proprietary, and/or commercially

sensitive information. (b) Unless otherwise ordered by the Court, Discovery Material designated as “CONFIDENTIAL”may bedisclosedonly tothe following: (i) The Receiving Party’s Outside Counsel, such counsel’s immediate paralegalsandstaff,andanycopyingorclericallitigationsupportservicesworkingatthedirection ofsuchcounsel,paralegals,andstaff; (ii) Not more thanthree (3) representatives of the Receiving Party who areofficers or employees of the Receiving Party, who may be, but need not be, in-house counsel for the Receiving Party, as well as their immediate paralegals and staff, to whom disclosure is

reasonably necessaryfor this case,providedthateachsuchpersonhasagreed to be bound by the provisions of the Protective Order by signing a copy of Exhibit A; and (iii) Any outsideexpert orconsultant retained bythe Receiving Partyto assistinthisaction,providedthatdisclosureisonlytotheextentnecessarytoperformsuchwork; and provided that: (a) suchexpert or consultant has agreed to be bound by the provisions of the Protective Order by signing a copy of Exhibit A; (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; and (c) such expert or consultant accesses the materials in the United States only, and does not transportthemto oraccessthem from any foreignjurisdiction; (iv) Courtreporters,stenographers andvideographers retainedto record testimonytakenin thisaction; (v) TheCourt,jury, andcourt personnel;

(vi) 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; (vii) Mockjurorswhohavesignedanundertakingoragreementagreeing not to publicly disclose Protected Material and to keep any information concerning Protected Materialconfidential; (viii) Any mediator who is assigned to hear this matter, and his or her staff,subject to their agreement to maintain confidentiality to the samedegree as requiredby this Protective Order;

(ix) Any other person with the prior written consent of the Producing Party, whohas agreed to be bound by the provisions of the Protective Order by signing a copyof Exhibit A;and (x) Witnesses, for use at their depositions, provided they have first agreed tobeboundbytheprovisions oftheProtectiveOrderbysigningacopyofExhibit A. 9. DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL – ATTORNEYS’ EYESONLY” (a) A Producing Party may designate Discovery Material as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” if it contains or reflects information that is extremelyconfidentialand/orsensitiveinnatureandtheProducingPartyreasonably believesthat the disclosure of such Discovery Material is likely to cause economic harm or significant competitivedisadvantagetotheProducingParty. ThePartiesagreethatthefollowinginformation, ifnon-public,shallbepresumedtomeritthe“CONFIDENTIAL–ATTORNEYS’EYESONLY” 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, and other non- public informationofsimilarcompetitiveandbusinesssensitivity. (b) Unless otherwise ordered by the Court, Discovery Material designated as “CONFIDENTIAL–ATTORNEYS’EYESONLY”maybedisclosedonlyto: (i) TheReceivingParty’sOutsideCounsel,providedthatsuchOutside Counselis notinvolvedincompetitivedecision-making,asdefinedby U.S.Steelv.UnitedStates, 730F.2d1465,1468n.3(Fed.Cir.1984),onbehalfofaPartyoracompetitorofaParty,andsuch Outside Counsel’s immediate paralegals and staff, and any copying or clerical litigation support services workingatthe directionofsuchcounsel, paralegals,andstaff;

(ii) Any outsideexpert orconsultant retained bythe Receiving Partyto assistinthisaction,providedthatdisclosureisonlytotheextentnecessarytoperformsuchwork; 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; (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 competitorofaParty;and(d)suchexpertorconsultantaccessesthematerialsintheUnitedStates only,anddoesnot transportthemto oraccess them from anyforeignjurisdiction; (iii) Courtreporters,stenographers andvideographers retainedto record testimonytakenin thisaction; (iv) TheCourt, jury,andcourt personnel;

(v) 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; (vi) Any mediator who is assigned to hear this matter, and his or her staff,subject to their agreement to maintain confidentiality to the samedegree as requiredby this Protective Order;and (vii) Any other person with the prior written consent of the Producing Party, whohas agreed to be bound by the provisions of the Protective Order by signing a copyof Exhibit A;and

(viii) Should either party wish to disclose a document marked “CONFIDENTIAL -- ATTORNEYS EYES ONLY” to a witness for the purposes of deposition, the parties shall meet and confer regarding the need for the disclosure before or during the deposition and, provided the witness has agreed to be bound by the provisions of the Protective Order by signing a copy of Exhibit A, the Producing Party shall not unreasonably withhold consent. Anydisputes toberesolvedbytheCourt. 10. CHALLENGINGDESIGNATIONS OF PROTECTED MATERIAL (a) APartyshall notbeobligatedtochallengetheproprietyof anydesignation of Discovery Material under this Orderat the time the designation is made, and a failure to do so shallnot preclude asubsequent challengethereto. (b) AnychallengetoadesignationofDiscoveryMaterialunderthisOrdershall

be written, shall be served on outside counsel for the Producing Party, shall particularly identify the documents or information that the ReceivingParty contends should be differently designated, and shall state the grounds for the objection. Thereafter,further protection of suchmaterial shall beresolvedinaccordancewiththefollowingprocedures: (i) The objecting Party shall have the burden of conferring either in person, in writing, or by telephone with the Producing Party claiming protection (as well as any otherinterestedparty)inagoodfaithefforttoresolvethedispute. TheProducingPartyshallhave theburdenofjustifying thedisputeddesignation; (ii) Failing agreement, the Receiving Party may bring a motion to the

CourtforarulingthattheDiscoveryMaterialinquestionisnotentitledtothestatusandprotection of the Producing Party’s designation. The Parties’ entry into this Order shall not preclude or prejudiceeitherParty from arguing for or against anydesignation, establish any presumption that aparticulardesignationisvalid,oraltertheburdenofproofthatwouldotherwiseapplyinadispute overdiscoveryordisclosureofinformation; (iii) Notwithstanding any challenge to a designation, the Discovery Material in question shall continue to be treated as designated under this Order until one of the followingoccurs:(a)thePartywhodesignatedtheDiscoveryMaterialinquestionwithdrawssuch designation in writing; or (b) the Court rules that the Discovery Material in question is not entitled to the designation. 11. DATASECURITY (a) Plaintiffs shall utilize a vendor for the receipt of documents produced by Defendant and the vendor shall comply with the International Organization for Standardization’s

27001standardto ensure thesecurity ofthedocuments produced. (b) If Receiving Party becomes aware of any unauthorized access, use, or disclosure of Protected Materials or devices containing Protected Materials (“Data Breach”), ReceivingPartyshallpromptly,andinnocaselaterthan48hoursafterlearningoftheDataBreach, notifyProducing Party in writing and fully cooperate with Producing Party as maybe reasonably necessaryto (a)determinethesource, extent,ormethodologyofsuchData Breach, (b) torecover ortoprotectProtectedMaterials,and/or(c)tosatisfyProducingParty’slegal,contractual,orother obligations.Fortheavoidanceofdoubt,notificationobligations underthisSectionarise whenthe Receiving Party both (a)learns ofa Data Breach, and (b)learns that anyof the Producing Party’s

ProtectedMaterialsarepotentiallysubjecttotheDataBreach.Thenotificationobligationssetforth inthis Sectiondonot runfrom thetimetheDataBreachitself. (c) 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. Receiving Party shall promptly provide any information that is reasonably requested by ProducingPartyandthatrelatestoanysuchDataBreach,includingbutnotlimitedto,theProtected Material that was potentially impacted, underlying vulnerabilities or flaws that led to the Data Breach, start or end date of the Data Breach, date of discovery, and specific actions taken to contain, mitigate, or remediate the Data Breach. For the avoidance of doubt, nothing in this Section9isintendedtocreateawaiverofanyapplicableprivileges,includingprivilegesapplicable toaParty’s investigationand remediationof a Data Breach. (d) 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 measurestoprotectDiscoveryMaterial;(2) astayorextensionofdiscoverypendinginvestigation ofaDataBreachand/orimplementationofadditionalsecuritymeasures;and(3) aswornassurance 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. (e) In the event of a Data Breach affecting Protected Material of Designating Party,atDesignatingParty’srequest,ReceivingPartywithin10businessdaysshallprovideacopy of its most recent ISMS policies and procedures that relate to the safeguarding of Protected

Materials andthatprecededtheData Breach. (f) Receiving Party shall comply with this Section 9 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 9, it maymeet and confer with the other Parties; if any Party believes that the proposed practice would violate this Protective Order, it may, within 10businessdays,bringthedisputetotheCourt.ThePartychallengingtheproposedpracticewould beartheburdenofdemonstratingaviolation. 12. SUBPOENAS OR COURT ORDERS (a) If at any time Protected Material is subpoenaed by any court, arbitral, administrative, or legislative body, the Party to whom the subpoena or other request is directed shall immediately give prompt written notice thereof to every Party who has produced such Discovery Material and to its counsel and shall provide each such Party with an opportunity to

move for a protective order regarding the production of Protected Materials implicated by the subpoena. 13. FILING PROTECTEDMATERIAL (a) Absent written permission from the Producing Party or a court Order securedafterappropriatenoticetoallinterestedpersons,aReceivingPartymaynotfileordisclose inthepublic recordany ProtectedMaterial. (b) Any Party is authorized under the Federal Rules to file under seal with the Courtanybrief,documentormaterialsthataredesignatedasProtectedMaterialunderthis Order. 14. INADVERTENTDISCLOSURE OF PRIVILEGEDMATERIAL

(a) The inadvertent production bya Party of DiscoveryMaterial subjectto the attorney-client privilege,work-productprotection, oranyotherapplicableprivilege orprotection, despite the Producing Party’s reasonable efforts to prescreen such Discovery Material prior to production,willnotwaivetheapplicable privilege and/orprotectionifarequest forreturnofsuch inadvertently produced Discovery Material is made promptly after the Producing Party learns of its inadvertent production. This Order shall be interpreted to provide the maximum protection allowedbyFederal RuleofEvidence 502(d). (b) Upon a request from any Producing Party who has inadvertently produced Discovery Material that it believes is privileged and/or protected, each Receiving Party shall immediately return such Protected Material or Discovery Material and all copies to the Producing Party, except for any pages containing privileged markings by the Receiving Party which shall insteadbedestroyedandcertifiedassuchbytheReceivingPartytotheProducingParty. (c) NothinghereinshallpreventtheReceivingPartyfrompreparingarecordfor itsownusecontainingthedate,author,addresses,andtopicoftheinadvertentlyproducedDiscovery

Material and such other information as is reasonably necessary to identify the Discovery Material anddescribeitsnaturetotheCourtinanymotiontocompelproductionoftheDiscoveryMaterial. 15. INADVERTENTFAILURETO DESIGNATEPROPERLY (a) The inadvertent failure by a Producing Party to designate Discovery MaterialasProtectedMaterialwithoneofthedesignationsprovidedforunderthisOrdershallnot waive any such designation provided that the Producing Party notifies all Receiving Parties that suchDiscoveryMaterialisprotectedunderoneofthecategoriesofthisOrderwithinfourteen(14) days of the Producing Party learning of the inadvertent failure to designate. The Producing Party shallreproducetheProtectedMaterialwiththecorrectconfidentialitydesignationwithinseven(7)

daysuponitsnotificationtotheReceivingParties. UponreceivingtheProtectedMaterialwiththe correct confidentiality designation, the Receiving Parties shall return or securely destroy, at the ProducingParty’soption,all Discovery Materialthatwasnot designatedproperly. (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 aconfidentialitydesignationunderthisOrder.OnceaReceivingPartyhasreceivednotificationof the correct confidentiality designation for the Protected Material with the correct confidentiality designation, the Receiving Party shall treat such Discovery Material at the appropriately designated levelpursuant totheterms ofthis Order. 16. INADVERTENTDISCLOSURE NOT AUTHORIZEDBY ORDER (a) IntheeventofadisclosureofanyDiscoveryMaterialpursuanttothisOrder toanypersonorpersonsnotauthorizedtoreceive suchdisclosureunderthisProtectiveOrder,the

Party responsible for having made such disclosure, and each Party with knowledge thereof, shall immediately notifycounselforthe Producing Party whoseDiscoveryMaterial hasbeen disclosed and provide to such counsel all known relevant information concerning the nature and circumstances of the disclosure. The responsible disclosing Party shall also promptly take all reasonablemeasurestoretrievetheimproperlydisclosedDiscoveryMaterialandtoensurethatno furtheror greaterunauthorizeddisclosureand/or usethereofis made. (b) Unauthorized or inadvertent disclosure does not change the status of DiscoveryMaterialorwaivetherighttoholdthediscloseddocumentorinformationasProtected. 17. FINALDISPOSITION

(a) Not laterthanninety(90) days aftertheFinalDispositionofthis case,each Party shall return all Discovery Material of a Producing Party to the respective Outside Counsel oftheProducingPartyordestroysuchMaterial,attheoptionoftheProducingParty. Forpurposes of this Order, “Final Disposition” occurs afteran order, mandate, or dismissalfinally terminating theabove-captionedactionwithprejudice,includingall appeals. (b) All Parties that have received any such Discovery Material shall certify in writing that all such materials have been returned to the respective Outside Counsel of the Producing Party or destroyed. Notwithstanding the provisions for return of Discovery Material, OutsideCounselmayretainonesetofpleadings,correspondenceandattorneyandconsultantwork product(but not documentproductions) forarchivalpurposes. 18. DISCOVERYFROMEXPERTS OR CONSULTANTS (a) Absent good cause, drafts of reports of testifying experts, and reports and otherwrittenmaterials, includingdrafts,ofconsultingexperts,shall not bediscoverable.

(b) Reports and materials exempt from discovery under the foregoing Paragraph shall be treated as attorney work product for the purposes of this case and Protective Order. 19. MISCELLANEOUS (a) Right to Further Relief. Nothing in this Order abridges the right of any Party 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 confidentialityprotections thanthosesetforthherein. (b) TerminationofMatterandRetentionofJurisdiction. ThePartiesagreethat

the terms of this ProtectiveOrder shall surviveand remain in effect afterthe Final Determination oftheabove-captionedmatter. TheCourtshallretainjurisdictionafterFinalDeterminationofthis mattertohear andresolve anydisputes arisingout ofthis ProtectiveOrder. (c) Successors. This Order shall be binding upon the Parties hereto, their attorneys, and their successors, executors, personal representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, retained consultants and experts,and anypersons ororganizations overwhichtheyhavedirectcontrol. (d) 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. 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. This Order shall not constituteawaiveroftherightofanyPartytoclaiminthisactionorotherwisethatanyDiscovery Material, or any portion thereof, is privileged or otherwise non-discoverable, or is not admissible inevidenceinthis action oranyotherproceeding.

(e) BurdensofProof. Notwithstandinganythingtothecontraryabove,nothing in this Protective Order shall be construed to change the burdens of proof or legal standards applicableindisputesregardingwhetherparticularDiscoveryMaterialisconfidential,whichlevel of confidentiality is appropriate, whether disclosure should be restricted, and if so, what restrictions shouldapply. (f) Modification by Court. This Order is subject to further court order based uponpublicpolicyorotherconsiderations,andtheCourtmaymodifythisOrder suasponteinthe interests of justice. The United States District Court for the Southern District of New York (“SDNY”) is responsible for the interpretation and enforcement of this Order. All disputes

concerning Protected Material, however designated, produced under the protection of this Order shallbe resolvedbythe SDNY. (g) Discovery Rules Remain Unchanged. Nothing herein shall alteror change in any way the discovery provisions of the SDNY, or the Court’s own orders. Identification of any individual pursuant to this Protective Order does not make that individual available for depositionoranyotherformofdiscoveryoutsideoftherestrictionsandproceduresoftheSDNY, ortheCourt’sownorders. Dated: December 12, 2023 Dated: December 12, 2023 New York, New York Melville, New York By: _/s By: _/s Yitzchak Kopel, Esq. Jeffrey W. Brecher, Esq. Bursor & Fisher, P.A. JACKSON LEWIS P.C. Attorneys For Plaintiffs Attorneys for Defendant 1330 Avenue of the Americas 58 South Service Road, Suite 250 32nd Floor Melville, New York 11747 New York, New York 10019 Jeffrey.brecher@jacksonlewis.com ykopel@bursor.com

SO ORDERED on this !4th_ day of _ Dec. 2023. ee ; 3 ee be en geet ccpscle “panels ey EP Nelson S. Roman, U.S. District Judge

STIPULATED PROTECTIVE ORDER — PAGE 20

EXHIBIT A

I, , acknowledge and declare that I have received a copy of the Protective Order (“Order”) in Ramos, et al. v. Apple Inc., SDNY, CaseNo.22-cv- 02761-NSR. Having read and understood the terms of the Order, I agree to be bound by the terms of the Order and consent to the jurisdiction of said Court for the purpose of any proceeding to enforce the terms of the Order.

Name of individual: Present occupation/job description:

Name of Company or Firm: Address: Dated:

[Signature] 4863-1251-3430,v.2