Stipulation and OrderCal. Super. - 6th Dist.November 5, 2020on 2/15/2022 5:04 PM Reviewed By: R. Aragon Case #20CV373145 Envelope: 8298499 20CV373145 Santa Clara - Civil R. Aragon EFS-OZOAWQRNEY 0R pARTv WITHOUT ATTORNEY; STATE BAR No.1 198382 NAME: Dhaivat H. Shah (SBN 196382) /Vivi T. Lee (SBN 247513) FIRM NAME: GRELLAS SHAH LLP ’ STREET ADDRESS: 20400 STEVENS CREEK BLVD., STE. 280 CITY: CUPERTINO STATE; CA ZIP CODE: 95014 TELEPHONE N0; (408) 255-6310 FAX No.2 (408) 255-6350 E-MAILADDRESS: ds@grellas.com /vl@grellas.com MTORNEY FOR (name): Magnoliadrhnmes LLC, et al SUPERIOR COURT OF CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 191 N. FirstStreet MAILING ADDRESS: 191 N. First Street crrv AND ZIP CODE: San Jose. CA 951 13 BRANCH NAME: Downtown Superior COUrt (DTS) CASE NUMBER: PLAINTIFF/PETITIONER: Magnoliadrhomes LLC, et al ZO‘CV‘373145 DEFENDANTIRESPONDENT: Guidance Law, APC. et at Jumcw. OFFICER: _ OTHER‘ Hon. Judge Drew Takaich: FOR COURT USE ONLY DEPT:PROPOSED ORDER (COVER SHEET) 2 NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are flied. 1. Name of the party submitting the proposed order: Magnoliadrhomes LLC, et al 2. Title of the proposed order: Stipulation and [Proposed] Protective Order Regarding Confidential Information 3. The proceeding to which the proposed order reXates is: a. Description of proceeding: b. Date and time: c. Place: 4. The proposed order was served on the other parties in the case. ( Vuvi T. Lee, Esq. > flW‘ /L’_\ (TYPE 0R PRlNT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Page 1 of 2 Form Adopted for Mandalory Use Cal. Rules orCom.Judicial Council ol Cafilomia PROPOSED ORDER (QQVER SHEET) rules 2252. 3.1312EFS-o20 |Rev. February 1. 2017] (EleCtromc Flllng) tmncourlacagov EFS-020 CASE NAME: CASE NUMBER: Magnoliadrhomes LLC. et al vs. Guidance Law, APC. et at ZO‘CV’373145 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. | am at least 18 years old and not a party to this action. a- My residence or business address is (specify): 20400 STEVENS CREEK BLVD.. STE. 280, CUPERTINO, CALIFORNIA 95014 b. My electronic service address is (specify): cmunoz@grellas.com 2_ | electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name ofperson served) (If the person served is an attorney, the party or parties represented should also be stated): Douglas E. Klein. Esq. - dek36@hotmail.com; Derek Longstaff. Esq. - longstafflaw@yahoo.com; Jordan Stanzler. Esq. -jstanzler@stanzlerlawgroup.com b. To (electronic service address ofperson served): same as above c. On (date): 02-15-2022 E Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 02-15-2022 CHRISTINA M. MUNOZ ’ (TYPE 0R PRINT NAME 0F DECLARANT) WMO‘F MRANT) EFs-020[Rev. February 1.2017] pROPOSED ORDER (COVER SHEET) Pagezorz (Electronic Filing) GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 9 CUPERTINO, CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GRELLAS SHAH LLP DHAIVAT H. SHAH, ESQ. (SBN 196382) (ds@grellas.com) DAVID I. SIEGEL, ESQ. (SBN 264247) (dsiegel@grellas.com) ERIN M. ADRIAN, ESQ. (SBN 2287 18) (ema@grellas.com) VIVI T. LEE, ESQ. (SBN 247513) (V1@grellas.com) 20400 Stevens Creek Blvd, Suite 280 Cupertino, CA 95014 Telephone: (408) 255-63 10 Facsimile: (408) 255-6350 Filed February 28, 2022 Clerk of the Court Superior Court of CA County of Santa Clara ZOCV373145 By: rburciaga Signed: 2/28/2022 12:13 PMWW4 Attorneys for Plaintiffs and MAGNOLIADRHOMES LLC, a California limited liability corporation, and YOULIN WANG, an individual SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA MAGNOLIADRHOMES LLC, a California limited liability corporation, and YOULIN WANG, an individual Plaintiffs, VS. GUIDANCE LAW, APC, a California professional corporation, DEREK LONGSTAFF, an individual, RICHARD KAHN, an individual, LUIS BULAS-FELIX, an individual, LUIS BULAS-FELIX & ASSOCLATES, LLC, a Florida limited liability corporation, FORENSIC PROFESSIONALS GROUPS, INC., a Florida corporation, and Does 1-50, inclusive Defendants. 1. PURPOSES AND LIMITATIONS Case No. 20-CV-373 145 STIPULATION AND [PRO PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION Disclosure and discovery activity in this action are likely to involve production 0f confidential, proprietary, 0r private information for Which special protection from public disclosure and from use for any purpose other than prosecuting Litigation, as defined below, STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 9 CUPERTINO, CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections 0n all disclosures 0r responses t0 discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 16.4, below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; sealing of records must be done in accordance with the criteria and procedures set forth in California Rules 0f Court 2.550 and 2.5 5 1 . 2. DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless ofhow it is generated, stored or maintained) or tangible things that qualify for protection under standards developed under applicable law 0r otherwise deemed sensitive material worthy 0f protection pursuant to this Protective Order. 2.3 Counsel (without qualifier): Outside Counsel 0f Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information 0r items that it produces in disclosures or in responses t0 discovery as “CONFIDENTIAL.” 2.5 Disclosure or Discovery Material: all items 0r information, regardless of the medium 0r manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter. 2.6 EXflt: a person With specialized knowledge or experience in a matter pertinent to the Litigation who (1) has been retained by a Party 0r its counsel to serve as an expert Witness or as a consultant in the Litigation, (2) is not a past or current employee 0f a Party 0r 1 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 9 CUPERTINO, CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of a Party’s competitor, and (3) at the time of retention, is not anticipated t0 become an employee of a Party or of a Party’s competitor. 2.7 House Counsel: attorneys Who are employees of a party to the Litigation. House Counsel does not include Outside Counsel of Record 0r any other outside counsel. 2.8 Litigation: when capitalized herein shall mean the instant action as titled in the caption above. 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to the Litigation. 2.10 Outside Counsel of Record: attorneys Who are not employees of a party t0 the Litigation but are retained to represent or advise a party t0 the Litigation and have appeared in the Litigation on behalf of that party 0r are affiliated with a law firm which has appeared 0n behalf of that party. 2.11 my: any party t0 the Litigation, including all 0f its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in the Litigation. 2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form 0r medium) and their employees and subcontractors. 2. 14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2. 1 5 Receiving Party: a Party that receives Disclosure 0r Discovery Material from a Producing Party. 3. SCOPE The protections conferred by this Stipulation and Order cover not only Protected 2 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 9 CUPERTINO, CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Material (as defined above), but also (1) any information copied 0r extracted from Protected Material; (2) all copies, excerpts, summaries, 0r compilations 0f Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. However, the protections conferred by this Stipulation and Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part 0f the public domain after its disclosure t0 a Receiving Party as a result of publication not involving a Violation of this Order, including becoming part of the public record through trial 0r otherwise; and (b) any information known t0 the Receiving Party prior t0 the disclosure or obtained by the Receiving Party after the disclosure from a source Who obtained the information lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 4. DURATION Even after final disposition of the Litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing 0r a court order otherwise directs. Final disposition shall be deemed t0 be the later of (1) dismissal 0f all claims and defenses in the Litigation, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews 0f the Litigation, including the time limits for filing any motions 0r applications for extension of time pursuant to applicable law. 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information 0r items for protection under this Order must take care to limit any such designation t0 specific material that qualifies under the appropriate standards. T0 the extent it is practical to do so, the Designating Party must designate for protection only those parts 0f material, documents, items, 0r oral 0r written communications that qualify - so that other portions of the material, documents, items, or communications for 3 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 9 CUPERTINO, CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Which protection is not warranted are not swept unjustifiably Within the ambit 0f this Order. Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., t0 unnecessarily encumber 0r retard the case development process or to impose unnecessary expenses and burdens on other parties) expose the Designating Party to sanctions. If it comes t0 a Designating Party’s attention that information or items that it designated for protection d0 not qualify for protection at all or do not qualify for the level of protection initially asserted, that Designating Party must promptly notify all other parties that it is withdrawing the mistaken designation. 5.2 Manner and Timing 0f Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure 0r Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed 0r produced. Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper 0r electronic documents, but excluding transcripts 0f depositions 0r other pretrial 0r trial proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion or portions 0f the material 0n a page qualifies for protection, the Producing Party also must clearly identify the protected porti0n(s) (e.g., by making appropriate markings in the margins) and must specify, for each portion, the level 0f protection being asserted. A Party or Non-Party that makes original documents 0r materials available for inspection need not designate them for protection until after the inspecting Party has indicated which material it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the 4 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 9 CUPERTINO, CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Producing Party must affix the appropriate legend (“CONFIDENTIAL”) t0 each page that contains Protected Material. If only a portion 0r portions 0f the material on a page qualifies for protection, the Producing Party also must clearly identify the protected porti0n(s) (e.g., by making appropriate markings in the margins) and must specify, for each portion, the level 0f protection being asserted. (b) for testimony given in deposition or in other pretrial or trial proceedings, that the Designating Party identify 0n the record, before the close 0f the deposition, hearing, or other proceeding, all protected testimony and specify the level of protection being asserted. When it is impractical t0 identify separately each portion of testimony that is entitled to protection and it appears that substantial portions of the testimony may qualify for protection, the Designating Party may invoke 0n the record (before the deposition, hearing, 0r other proceeding is concluded) a right t0 have up t0 21 days to identify the specific portions 0f the testimony as t0 which protection is sought and t0 specify the level 0f protection being asserted. For deposition testimony, that 21 day period shall begin when the Designating Party first receives the final transcript 0f the deposition testimony. Only those portions of the testimony that are appropriately designated for protection Within the 21 days shall be covered by the provisions 0f this Stipulated Protective Order. Parties shall give the other parties notice if they reasonably expect a deposition, hearing or other proceeding t0 include Protected Material so that the other parties can ensure that only authorized individuals who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those proceedings. The use of a document as an exhibit at a deposition shall not in any way affect its designation as “CONFIDENTIAL.” Transcripts containing Protected Material shall have an obvious legend 0n the title page that the transcript contains Protected Material, and the title page shall be followed by a list of all pages (including line numbers as appropriate) that have been designated as Protected Material and the level of protection being asserted by the Designating Party. The Designating Party shall inform the court reporter of these requirements. Any transcript that is prepared 5 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 9 CUPERTINO, CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 before the expiration of a 21-day period for designation shall be treated during that period as if it had been designated “CONFIDENTIAL” in its entirety unless otherwise agreed. After the expiration of that period, the transcript shall be treated only as actually designated. 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified information 0r items does not, standing alone, waive the Designating Party’s right t0 secure protection under this Order for such material. Upon timely correction 0f a designation, the Receiving Party must make reasonable efforts t0 assure that the material is treated in accordance with the provisions of this Order. 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant disruption or delay of this action, a Party does not waive its right to challenge a confidentiality designation by electing not t0 mount a challenge promptly after the original designation is disclosed. 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by providing written notice of each document for which it is challenging the designation and describing the basis for each challenge t0 each document. Any challenges must be on a per document basis rather than challenges t0 entire categories of documents or the entire production. T0 avoid ambiguity as t0 whether a challenge has been made, the written notice must recite that the challenge t0 confidentiality is being made in accordance with this specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by conferring directly (in voice to voice dialogue; other forms 0f communication are not sufficient) Within 14 days 0f the date of service 0f notice. In conferring, the Challenging Party must explain the basis for its belief, for each document challenged, that the confidentiality designation was not proper and must give the Designating Party an opportunity t0 review the designated material, t0 reconsider the 6 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 9 CUPERTINO, CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 circumstances, and, if n0 change in designation is offered, t0 explain the basis for the chosen designation. 6.3 Judicial Intervention. If the Parties cannot resolve a challenge Without court intervention, the Designating Party shall file and serve a motion to support the designation 0f confidentiality within 21 days 0f the initial notice of challenge unless the Parties agree to a longer period of time. The burden 0f persuasion in any such challenge proceeding shall be on the Designating Party. Unless otherwise agreed to in writing, all parties shall continue to afford the material in question the level of protection t0 Which it is entitled under the Designating Party’s designation until the court rules 0n the motion regarding confidentiality. 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed 0r produced by another Party 0r by a Non-Party in connection With this case only for prosecuting, defending, or attempting t0 settle the Litigation. Such Protected Material may be disclosed only t0 the categories of persons and under the conditions described in this Order. When the Litigation has been terminated, a Receiving Party must comply With the provisions 0f section 16 below (FINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 7.2 Disclosure of“CONFIDENTIAL” Information 0r Items. Unless otherwise ordered by the court 0r permitted in writing by the Designating Party, a Receiving Party may disclose any information 0r item designated “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in the Litigation, as well as employees 0f said Outside Counsel 0f Record t0 Whom it is reasonably necessary t0 disclose the information for the Litigation and who have signed the “Acknowledgment and Agreement t0 Be Bound” that is attached hereto as Exhibit A; 7 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 9 CUPERTINO, CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) the officers, directors, and employees (including House Counsel) 0f the Receiving Party to whom disclosure is reasonably necessary for the Litigation and who have signed the “Acknowledgment and Agreement t0 Be Bound” (Exhibit A); (c) Experts (as defined in this Order) 0f the Receiving Party t0 Whom disclosure is reasonably necessary for the Litigation and who have signed the “Acknowledgment and Agreement t0 Be Bound” (Exhibit A); (d) the court and its personnel; (e) court reporters and their staff, professional jury or trial consultants, and Professional Vendors t0 whom disclosure is reasonably necessary for the Litigation and Who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (f) during their depositions, witnesses in the Litigation to whom disclosure is reasonably necessary and Who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits t0 depositions that reveal Protected Material must be separately bound by the court reporter and may not be disclosed t0 anyone except as permitted under this Stipulated Protective Order. (g) the author or recipient 0f a document containing the information or a custodian 0r other person who otherwise possessed or knew the information. (h) the parties t0 this Litigation. 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Party is served With a subpoena or a court order issued in other litigation that compels disclosure of any information 0r items designated in this action as “CONFIDENTIAL,” that party must: (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party Who caused the subpoena 0r order t0 issue in 8 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 9 CUPERTINO, CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and (c) cooperate With respect to all reasonable procedures sought t0 be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with the subpoena or court order shall not produce any information designated in this action as “CONFIDENTIAL” before a determination by the court from which the subpoena 0r order issued, unless the Party has obtained the Designating Party’s permission 0r unless continuing t0 await a decision from the court would lead the Party to miss a compliance deadline that has not been stayed by the court or by the issuer 0f the subpoena. The Designating Party shall bear the burden and expense 0f seeking protection in that court 0f its confidential material - and nothing in these provisions should be construed as authorizing 0r encouraging a Receiving Party in this action to disobey a lawful directive from another court. 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THE INSTANT ACTION (a) The terms of this Order are applicable to information produced by a Non-Party in this action and designated as “CONFIDENTIAL.” Such information produced by Non- Parties in connection with this action is protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. (b) In the event that a Party is required, by a valid discovery request, t0 produce a Non-Party’s confidential information in its possession, and the Party is subj ect to an agreement With the Non-Party not t0 produce the Non-Party’s confidential information, then the Party shall: 1. promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subj ect t0 a confidentiality agreement With a Non- 9 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 9 CUPERTINO, CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Party; 2. promptly provide the Non-Party with a copy of the Stipulated Protective Order in this action, the relevant discovery request(s), and a reasonably specific description of the information requested; and 3. make the information requested available for inspection by the Non- Party. (c) If the Non-Party fails t0 obj ect 0r seek a protective order from this court within 14 days of receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s confidential information responsive t0 the discovery request. If the Non-Party timely seeks a protective order, the Receiving Party shall not produce any information in its possession 0r control that is subj ect to the confidentiality agreement with the Non-Party before a determination by the court. Absent a court order t0 the contrary, the Non- Party shall bear the burden and expense 0f seeking protection in this court of its Protected Material. 12. DESIGNATION OF MATERIAL PRODUCED BY NON-PARTY Should either Party request discovery from a Non-Party for use in this action, by third- party subpoena or otherwise, either Party shall be entitled t0 designate all or some of such materials as “CONFIDENTIAL” by, prior t0 production of such materials by the Non-Party, informing all other Parties in writing of such designation. Upon such designation, all Receiving Parties shall treat the designated materials as “CONFIDENTIAL” until such time as the Designating Party reviews and de-designates some 0r all of the materials, as appropriate. Any Protected Material designated pursuant t0 this Section shall be subject to the provisions 0f Section 6, hereto, regarding challenging of confidentiality designations. 13. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence 0r otherwise, it has disclosed Protected Material to any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the Designating 10 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 9 CUPERTINO, CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Party 0f the unauthorized disclosures, (b) use its best efforts t0 retrieve all unauthorized copies 0f the Protected Material, (c) inform the person or persons t0 whom unauthorized disclosures were made of all the terms 0f this Order, and (d) request such person or persons t0 execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 14. BINDING ON ALL PARTIES A11 parties Who appear in this action after this stipulation is executed and submitted to the Court are bound by this Order. 15. COMMUNICATIONS WITH GOVERNMENTAL ENTITIES Nothing in this Stipulation, Protective Order, 0r Court Order shall prevent a party from communicating With the Internal Revenue Service, Franchise Tax Board, Federal Bureau 0f Investigation, the U.S. Attorney’s Office, state and local law enforcement, or other governmental entity concerning the tax returns and amended tax returns at issue, 0r the calculation 0f taxes and capital gains, or related items, or any matters related thereto. Nothing herein will require any such governmental entities t0 sign any agreement to keep any written communications from and to a party as confidential. Nothing herein will require the governmental entity to keep as confidential any documents provided to the government entity. Nothing herein will make a governmental entity subj ect to this Stipulation, Protective Order, 0r Court Order 16. MISCELLANEOUS 16.1 Right to Further Relief. Nothing in this Order abridges the right 0f any person t0 seek its modification by the court in the fixture. 16.2 Right t0 Assert Other Obiections. By stipulating t0 the entry of this Protective Order no Party waives any right it otherwise would have to obj ect to disclosing or producing any information 0r item 0n any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right t0 obj ect 0n any ground t0 use in evidence 0f any of the material covered by this Protective Order. 16.3 Export Control. Disclosure 0f Protected Material shall be subject to all applicable 11 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 9 CUPERTINO, CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 laws and regulations relating t0 the export 0f technical data contained in such Protected Material, including the release of such technical data t0 foreign persons or nationals in the United States 0r elsewhere. The Producing Party shall be responsible for identifying any such controlled technical data, and the Receiving Party shall take measures necessary t0 ensure compliance. 16.4 Filing Protected Material. Without written permission from the Designating Party 0r a court order secured after appropriate notice to all interested persons, a Party may not file in the public record in this action any Protected Material. A Party that seeks t0 file under seal any Protected Material must comply With California Rules of Court 2.550 and 2.55 1. 17. FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in paragraph 4, each Receiving Party must return all Protected Material t0 the Producing Party 0r destroy such material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any 0f the Protected Material. Whether the Protected Material is returned 0r destroyed, the Receiving Party must submit a written certification t0 the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by category, where appropriate) all the Protected Material that was returned 0r destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries 0r any other format reproducing or capturing any 0f the Protected Material. Notwithstanding this provision, Counsel are entitled t0 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain Protected Material. Any // // // 12 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION DocuSign Envelope ID: 7EFBCZ78-F9BC-47E2-BOF6-B41EBC30855C GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 CA 95014 CUPERTINO, flGU‘bWN OO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 such archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 4 (DURATION). IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. DS ‘ 0S DocuSigned by: Dated:%a1=rua1v-l-8,-2022-- ' 2/11/2022 [D%MPEW Dhaivat H. Shali', Esq. GRELLAS SHAH LLP Attorneys for Plaintiffs Magnoliadrhomes LLC and Youlin Wang Dated: January 18, 2022 Kw \J Jordhn’Stanzler, Esq. fl STANZLER LAW GROUP Attorneys for Defendants Luis Bulas-Felix and Luis Bulas-Felix & Associates, LLC DS ‘ 0k DocuSigned by: Dated: ‘Ianuax'y-r8r2022-- [<9 2/11/202 Z E643CE146A0846F... Douglas E. Klein, Esq. MADGETT & KLEIN, APLC Attorneys for Defendants Richard Kahn and Forensic Professionals Group USA, Inc. PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: Judge of the Superior Court 13 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION February 16, 2022 Signed: 2/16/2022 07:34 PM GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 9 CUPERTINO, CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, [print 0r type full name], 0f [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the Santa Clara County Superior Court 0n [date] in the case ofMAGNOLIADRHOMES LLC, ETAL. v. GUIDANCE LA W, APC, Case No.2 20-CV-373 145. I agree t0 comply With and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure t0 so comply could expose me to sanctions and punishment in the nature 0f contempt. I solemnly promise that I will not disclose in any manner any information or item that is subj ect to this Stipulated Protective Order t0 any person or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the Santa Clara County Superior Court for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination 0f the Litigation. Ihereby appoint [print or type full name] 0f [print or type full address and telephone number] as my California agent for service 0f process in connection With the Litigation or any proceedings related t0 enforcement 0f this Stipulated Protective Order. Date: City and State Where sworn and signed: Printed name: [printed name] Signature: [signature] 14 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION