Exhibit List Party

Cal. Super. - 6th Dist.December 7, 2020

Exhibit 1 Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/2/2022 3:08 PM Reviewed By: R. Walker Case #20CV373916 Envelope: 8200424 20CV373916 Santa Clara - Civil xhibi Fred W. Schwinn (SBN 225575) Racon R. Roulston (SBN 255622) Matthew C. Salmonsen (SBN 302854) CONSUMER LAW CENTER, INC. 1435 Koll Circle, Suite 104 San Jose, California 95112-6410 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.corn Attorneys for Plaintiff DAVID CHAI Filed June 14, 2021 Clerk of the Court Superior Court of CA County of Santa Clara 20CV373916 By; rwalker 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CLARA 10 11 DAVID CHAI, individually and on behalf Case No. 20CV373916 of all others similarly situated, (Unlimited Civil Case) 12 13 14 15 16 17 Plaintiff, VELOCITY INVESTMENTS, LLC, a New Jersey limited liability company; VELOCITY PORTFOLIO GROUP, INC., a Delaware corporation; and DOES 1 through 10, inclusive, Defendants. Assigned for All Purposes to The Honorable Patricia M. Lucas STIPULATED PROTECTIVE ORDER 18 19 20 21 22 23 24 25 26 27 28 The parties represent that this litigation does not present any public health or safety concerns and this Order does not deviate from the Model Confidentiality Order published by the Complex Division of the Santa Clara County Superior Court. In order to protect the confidentiality of confidential information obtained by the parties in connection with this case, the parties hereby agree as follows: Part One: Use of Confidential Materials in Discoverv l. Any party or non-party may designate as "Confidential Information" (by stamping the relevant page or as otherwise set forth herein) any document or response to discovery which that party or non-party considers in good faith to contain information involving trade secrets, or confidential STIPULATED PROTECTIVE ORDER Case No. 20CV373916 business or financial information, subject to Rules 8.45, 8.46, 8.47, 8.490, 2.550, 2.551, 2.580, and 2.585 of the California Rules of Court, or under other provisions of California law. Where a document or response consists of more than one page, the first page and each page on which confidential information appears shall be so designated. 2. A party or non-party may designate information disclosed during a deposition or in response to written discovery as "confidential" by so indicating in said responses or on the record at the 9 10 11 12 13 deposition and requesting the preparation of a separate transcript of such material. In addition, a party or non-party may designate in writing, within twenty (20) days after receipt of said responses or of the deposition transcript for which the designation is proposed, that specific pages of the transcript and/or specific responses be treated as "Confidential Information." Any other party may object to such proposal, in writing or on the record. Upon such objection, the parties shall follow the procedures 14 15 16 17 18 19 described in paragraph 8 below. After any designation made according to the procedure set forth in this paragraph, the designated documents or information shall be treated according to the designation until the matter is resolved according to the procedures described in paragraph 8 below, and counsel for all parties shall be responsible for marking all previously unmarked copies of the designated material in their possession or control with the specified designation. 20 3. All Confidential Information produced or exchanged in the course of this case (not 21 22 23 24 25 including information that is publicly available) shall be used by the party or parties to whom the information is produced solely for the purpose of this case. 4. Except with the prior written consent of the other parties, or upon prior order of this Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to any 26 person other than: 27 28 (a) counsel for the respective parties to this litigation, including, in-house counsel STIPULATED PROTECTIVE ORDER Case No. 20CV373916 and co-counsel retained for this litigation, (b) employees of such counsel, (c) individual parties or officers or employees of a party, to the extent deemed necessary by counsel for the prosecution or defense of this litigation, (d) consultants or expert witnesses retained for the prosecution or defense of this litigation, provided that each person shall execute a copy of the Certification annexed to this Order 9 10 11 12 13 (which shall be retained by counsel to the party so disclosing the Confidential Information and made available for inspection by opposing counsel during the pendency or after the termination of the action only upon good cause shown and upon order of the Court) before being shown or given any Confidential Information, and provided that if the party chooses a consultant or expert employed by the defendant or one of its competitors (as listed on Appendix A), the party shall notify the opposing party, 14 15 16 17 18 19 20 or designating non-party, before disclosing any Confidential Information to that individual and shall give the opposing party an opportunity to move for a protective order preventing or limiting such disclosure; (e) any authors or recipients of the Confidential Information; (f) the Court, Court personnel, and court reporters; and (g) witnesses (other than persons described in paragraph 4(c) and 4(e)). A witness 21 22 23 24 25 shall sign the Certification before being shown a confidential document. Confidential Information may be disclosed to a witness who will not sign the Certification only in a deposition in which the party who designated the Confidential Information is represented or has been given notice that Confidential Information produced by the party may be used. At the request of any party, the portion of the 26 deposition transcript involving the Confidential Information shall be designated "Confidential" 27 28 pursuant to paragraph 2 above. Witnesses shown Confidential Information shall not be allowed to retain STIPULATED PROTECTIVE ORDER -3- Case No. 20CV373916 copies. 5. Any persons receiving Confidential Information shall not reveal or discuss such information to or with any person who is not entitled to receive such information, except as set forth herein. 6. In connection with discovery proceedings as to which a party submits Confidential Information, confidential documents shall be lodged or filed with a confidential designation by 9 10 11 12 13 electronic submission in the manner described in Rule 2.551(d), and pursuant to Local General Rule 6B.3. Such records must not be submitted in paper form. All chamber copies containing Confidential Information which are submitted to the Court shall be lodged with the Court in sealed envelopes or other appropriate sealed containers by delivery to Court Services addressed to the assigned Deparlment or as directed by the Court. On the outside of the envelopes, a copy of the first page of the document 14 15 16 17 18 shall be attached. If Confidential Information is included in the first page attached to the outside of the envelopes, it may be deleted from the outside copy. The word "CONFIDENTIAL'* shall be stamped on the envelope and a statement substantially in the following form shall also be printed on the envelope: "This envelope is sealed pursuant to Order of the Court, contains Confidential Information and 20 21 22 23 24 25 is not to be opened or the contents revealed, except by Order of the Court or agreement by the parties." 7. A party may designate as "Confidential Information" documents or discovery materials produced by a non-party by providing written notice to all parties of the relevant document numbers or other identification within thirty (30) days after receiving such documents or discovery materials. Any party or non-party may voluntarily disclose to others without restriction any informafion designated by 26 that party or non-party as Confidential Information, although a document may lose its confidential 27 28 status if it is made public. STIPULATED PROTECTIVE ORDER 4 Case No. 20CV373916 I 8. If a party contends that any material is not entitled to confidential treatment, such party may at any time give written notice to the party or non-party who designated the material. The party or 3 non-party who designated the material shall have twenty-five (25) days from the receipt of such written 4 notice to apply to the Court for an order designating the material as confidential. The party or non-party 5 seeking the order has the burden of establishing that the document is entitled to protection. 7 9. Notwithstanding any challenge to the designation of material as Confidential 8 Information, all documents shall be treated as such and shall be subject to the provisions hereof unless 9 and until one of the following occurs: 10 (a) the party or non-party who claims that the material is Confidential Information 11 12 withdraws such designation in writing; or 13 (b) the party or non-party who claims that the material is Confidential Information 14 fails to apply to the Court for an order designating the material confidential within the time period specified above after receipt of a written challenge to such designation; or 16 (c) the Court rules the material is not Confidential Information. 17 10. All provisions of this Order restricting the communication or use of Confidential 18 19 Information shall continue to be binding after the conclusion of the action, unless otherwise agreed or 20 ordered. Upon conclusion of the litigation, a party in possession of Confidential Information, other than that which is contained in pleadings, correspondence, and deposition transcripts, shall either (a) 22 return such documents no later than thirty (30) days after conclusion of this action to counsel for the 23 party or non-party who provided such information, or (b) destroy such documents within the time 24 period upon consent of the party who provided the information and certify in writing within thirty (30) 26 days that the documents have been destroyed. 27 28 11. Nothing herein shall be deemed to waive any applicable privilege or work product STIPULATED PROTECTIVE ORDER -5 Case No. 20CV373916 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material protected by privilege or work product protection. Any witness or other person, firm or entity from which discovery is sought may be informed of and may obtain the protection of this Order by written advice to the parties'espective counsel or by oral advice at the time of any deposition or similar proceeding. Part Two: Use of Confidential Materials in Court 9 10 11 12 13 The following provisions govern the treatment of Confidential Information used at trial or submitted as a basis for adjudication of matters other than discovery motions or proceedings. The procedures for use of Confidential Information at trial shall be determined by the trial judge. Trial exhibits shall not be filed but must be lodged in paper form with the assigned trial department as set forth in the Court's Local Civil Rules. 15 16 17 18 19 These provisions are subject to Rules 8.46, 8.490, 2.550, 2.551, 2.580, and 2.585 of the California Rules of Court and must be construed in light of those Rules. 12. A party that files with the Court, or seeks to use at trial, materials designated as Confidenti@ Information, and who seeks to have the record containing such information sealed, shall submit to the Court a motion to seal, pursuant to California Rules of Court 2.551. 20 21 22 23 24 25 13. A party that files with the Court, or seeks to use at trial, materials designated as Confidential Information by anyone other than itself, and who does not seek to have the record containing such information sealed, shall comply with either of the following requirements: (a) At least ten (10) business days prior to the filing or use of the Confidential Information, the submitting party shall give notice to all parties, and to any non-party that designated 26 the materials as Confidential Information pursuant to this Order, of the submitting party's intention to 27 28 file or use the Confidential Information, including specific identification of the Confidential STIPULATED PROTECTIVE ORDER -6- Case No. 20CV373916 I Information. Any affected party or non-party may then file a motion to seal, pursuant to California 2 Rules of Court 2.551; or (b) At the time of filing or desiring to use the Confidential Information, the 4 submitting party shall submit the materials electronically with a confidential designation pursuant to the 5 lodging-under-seal provision of California Rule of Court 2.551(d) and Local General Rule 6B(3), and at the same time file in the public record redacted versions of the same documents. Any affected party or 8 non-party may then file a motion to seal, pursuant to the California Rule of Court 2.551(b), within ten 9 (10) business days after such lodging. Documents lodged pursuant to California Rule of Court 2.551(d) 10 shall bear a legend stating that such materials shall be unsealed upon the expiration of ten (10) business 11 12 days, absent the filing of a motion to seal pursuant to Rule 2.551(b) or Court Order 13 14. In connection with a request to have materials sealed pursuant to Section 12 or Section 14 13, the moving party's declaration pursuant to California Rule of Court 2.551(b)(1) shall contain sufficient particularity with respect to the particular Confidential Information and the basis for sealing 16 to enable the Court to make the findings required by California Rule of Court 2.550(d) without being 17 required to review each item of Confidential Information. 18 19 15. This Stipulated Protective Order creates no right to file Confidential Informafion under 20 seal without complying with California Rules of Court, Rules 2.550 et seq. 21 22 ooOoo 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER -7- Case No. 20CV373916 Dated: June 8. 2021 E Fred W. Schwinn (SBN 225575) 0 Racon R. Roulston (SBN 255622) l3 Matthew C. Salmonsen (SBN 302854) Attorneys for Plamtiff DAVID CHAI 9 10 12 13 14 15 16 17 18 19 20 Dated: June 8. 2021 IT IS SO ORDERED. Dated: June 'l4, 2021 IHCT~Ph ~SN 66333r Attorney for Defendants VELOCITY INVESTMENTS, LLC, and VELOCITY PORTFOLIO GROUP, INC. The Honorable Patricia M. Lucas Judge of the Superior Court 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER Case No. 20CV373916 CERTIFICATION I hereby certify my understanding that Confidential Information is being provided to me pursuant to the terms and restrictions of the Stinulated Protective Order dated June David Chai v. Velocity Investments, LLC, et al., Case No. 20CV373916. I have been given a copy of that Order and read it. I agree to be bound by the Order. I will not reveal the Confidential Information to anyone, 9 10 11 12 13 except as allowed by the Order. I will maintain all such Confidential Information - including copies, notes, or other transcriptions made therefrom - in a secure matter to prevent unauthorized access to it. No later than thirty (30) days after the conclusion of this action, I will return the Confidential Information - including copies, notes or other transcriptions made therefrom - to the counsel who provided me with the Confidential Information. I hereby consent to the jurisdiction of the California 14 15 16 17 Superior Court, County of Santa Clara, for the purpose of enforcing the Stioulated Protective Order. I declare under penalty of perjury that the foregoing is true and correct and that this certificate is execution this day of ,20, at 18 19 By: 20 Address: 21 22 23 Phone: 24 25 26 27 28 STIPULATED PROTECTIVE ORDER Case No. 20CV373916