Masimo Corporation v. Politan Capital Management LP ( 2024 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 CENTRAL DISTRICT OF CALIFORNIA 7 MASIMO CORPORATION, Case No. 8:24-cv-01568-JVS-JDE 8 Plaintiff, AMENDED STIPULATED 9 PROTECTIVE ORDER v. 10 POLITAN CAPITAL MANAGEMENT 11 LP et al., 12 Defendants. 13 14 15 Based on the Parties’ Amended Stipulation (Dkt. 253) and the Court’s 16 independent assessment, for good cause shown, the Court finds and orders as follows. 17 This Order supersedes the Prior Stipulated Protective Order (Dkt. 57). 18 1. PURPOSES AND LIMITATIONS 19 Disclosure and discovery activity in this Action has involved and may continue 20 to involve production of confidential, proprietary, or private information for which 21 special protection from public disclosure and from use for any purpose other than 22 prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate 23 to and petition the court to enter the following Stipulated Protective Order. The parties 24 acknowledge that this Order does not confer blanket protections on all disclosures or 25 responses to discovery and that the protection it affords from public disclosure and use 26 extends only to the limited information or items that are entitled to confidential 27 treatment under the applicable legal principles. 28 1 2. GOOD CAUSE STATEMENT 2 This Action has involved and may continue to involve the exchange of non- 3 publicly available documents and other information of a sensitive and confidential or 4 proprietary nature. Without conceding the relevance or responsiveness of any specific 5 request or document, the Parties acknowledge that such information may include 6 business strategies and plans, potential transactions, investment theses, investor lists, 7 and/or other financial or technical information for which special protection from public 8 disclosure and from use for any purpose other than prosecution of this Action is 9 warranted. Such confidential and proprietary materials and information may consist of, 10 among other things, confidential business or financial information, information 11 regarding confidential business practices, and sensitive information related to 12 confidential research, development, or commercial information. This also encompasses 13 information that implicates the privacy rights of third parties, which is otherwise 14 generally unavailable to the public, as well as information that may be privileged or 15 otherwise protected from disclosure under state or federal statutes, court rules, case 16 decisions, or common law. Accordingly, to expedite the flow of information, facilitate 17 the prompt resolution of disputes over confidentiality of discovery materials, 18 adequately protect information the parties are entitled to keep confidential, ensure that 19 the parties are permitted reasonable necessary uses of such material in preparation for 20 and in the conduct of trial, address their handling at the end of the litigation, and serve 21 the ends of justice, this Protective Order for such information is justified in this matter. 22 It is the intent of the parties that information will not be designated as confidential for 23 tactical reasons and that nothing will be so designated without a good faith belief that 24 it has been maintained in a confidential, non-public manner, and there is good cause 25 why it should not be part of the public record of this case. 26 3. DEFINITIONS 27 3.1 Action: This pending federal lawsuit, Masimo Corp. v. Politan Capital 28 Management LP et al., No. 8:24-cv-0168-JVS-JDE. 1 3.2 Challenging Party: a Party or Non-Party that challenges the designation 2 of information or items under this Order. 3 3.3 “CONFIDENTIAL” Information or Items: information (regardless of 4 how it is generated, stored, or maintained) or tangible things that qualify for protection 5 under Federal Rule of Civil Procedure 26(c). 6 3.4 Counsel (without qualifier): Outside Counsel and House Counsel (as well 7 as their support staff). 8 3.5 Designating Party: a Party or Non-Party that designates information or 9 items that it produces in disclosures or in responses to discovery as 10 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 11 ONLY”. 12 3.6 Disclosure or Discovery Material: all items or information, regardless of 13 the medium or manner in which it is generated, stored, or maintained (including, among 14 other things, testimony, transcripts, and tangible things), that are produced or generated 15 in disclosures or responses to discovery in this matter. 16 3.7 Expert: a person with specialized knowledge or experience in a matter 17 pertinent to the litigation who (1) has been retained by a Party or its counsel to serve as 18 an expert witness or as a consultant in this Action, (2) is not a past or current employee 19 of a Party or of a Party’s competitor, and (3) at the time of retention, is not anticipated 20 to become an employee of a Party or of a Party’s competitor. 21 3.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 22 Information or Items: extremely sensitive “Confidential Information or Items,” 23 disclosure of which to another Party or Non-Party would create a substantial risk of 24 serious harm that could not be avoided by less restrictive means. 25 3.9 House Counsel: attorneys who are employees of a party to this Action. 26 House Counsel does not include Outside Counsel or any other outside counsel. 27 3.10 Non-Party: any natural person, partnership, corporation, association, or 28 other legal entity not named as a Party to this Action. 1 3.11 Outside Counsel: attorneys who are not employees of a party to this 2 Action but are affiliated with any of the following law firms: Keller/Anderle LLP, 3 Latham & Watkins LLP, Schulte Roth & Zabel LLP, Munger, Tolles & Olson LLP, 4 and Cadwalader, Wickersham & Taft LLP. 5 3.12 Party: any party to this Action, including all of its officers, directors, 6 employees, consultants, retained experts, and Outside Counsel (and their support 7 staffs). 8 3.13 Producing Party: a Party or Non-Party that produces Disclosure or 9 Discovery Material in this Action. 10 3.14 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) and 13 their employees and subcontractors. 14 3.15 Protected Material: any Disclosure or Discovery Material that is 15 designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – 16 ATTORNEYS’ EYES ONLY.” 17 3.16 Receiving Party: a Party that receives Disclosure or Discovery Material 18 from a Producing Party. 19 4. SCOPE 20 The protections conferred by this Stipulation and Order cover not only Protected 21 Material (as defined above), but also (1) any information copied or extracted from 22 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 23 Material; and (3) any deposition testimony, conversations, or presentations by Parties 24 or their Counsel that might reveal Protected Material. However, the protections 25 conferred by this Stipulation and Order do not cover the following information: (a) any 26 information that is in the public domain at the time of disclosure to a Receiving Party 27 or becomes part of the public domain after its disclosure to a Receiving Party as a result 28 of publication not involving a violation of this Order, including becoming part of the 1 public record through trial or otherwise; and (b) any information known to the 2 Receiving Party prior to the disclosure or obtained by the Receiving Party after the 3 disclosure from a source who obtained the information lawfully and under no 4 obligation of confidentiality to the Designating Party. Any use of Protected Material at 5 a hearing or trial shall be governed by a separate order. This Order does not govern the 6 use of Protected Material at trial or hearings. 7 5. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 8 The parties further acknowledge, as set forth in Section 14.3, below, that this 9 Stipulated Protective Order does not entitle them to file confidential information 10 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 11 the standards that will be applied when a party seeks permission from the court to file 12 material under seal. 13 There is a strong presumption that the public has a right of access to judicial 14 proceedings and records in civil cases. In connection with non-dispositive motions, 15 good cause must be shown to support a filing under seal; if a party requests sealing 16 related to a dispositive motion or trial, then compelling reasons, not only good 17 cause, for the sealing must be shown, and the relief sought shall be narrowly 18 tailored to serve the specific interest to be protected. See Kamakana v. City and 19 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Pintos v. Pacific Creditors 20 Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). The filing party must make a specific 21 evidentiary showing explaining why each document that it seeks to seal may justifiably 22 be sealed under the applicable standard and demonstrate that the proposed relief is 23 narrowly tailored. 24 Any document that is not confidential, privileged, or otherwise protectable in 25 its entirety will not be filed under seal if the confidential portions can be redacted. If 26 documents can be redacted, then a redacted version for public viewing, omitting only 27 the confidential, privileged, or otherwise protectable portions of the document, shall 28 1 be filed. Any application that seeks to file documents under seal in their entirety 2 should include an explanation of why redaction is not feasible. 3 Service of redacted versions of any documents under seal shall occur within 48 4 hours of the filing, and the parties shall take reasonable measures to minimize 5 redactions to documents filed under seal. 6 6. DURATION 7 Even after final disposition of this litigation, the confidentiality obligations 8 imposed by this Order shall remain in effect until a Designating Party agrees otherwise 9 in writing or a court order otherwise directs. Final disposition shall be deemed to be the 10 later of (1) dismissal of all claims and defenses in this Action, with or without 11 prejudice; and (2) final judgment herein after the completion and exhaustion of all 12 appeals, rehearings, remands, trials, or reviews of this Action, including the time limits 13 for filing any motions or applications for extension of time pursuant to applicable law. 14 Once a case proceeds to trial, Protected Material used or introduced as an exhibit 15 at trial becomes public and will be presumptively available to all members of the 16 public, including the press, unless the party offering the exhibit or information satisfies 17 the applicable requirements for keeping the information under seal and obtains an order 18 is issued by the trial judge to limit disclosure. See Kamakana, 447 F.3d at 1180-81. 19 7. DESIGNATING PROTECTED MATERIAL 20 7.1 Exercise of Restraint and Care in Designating Material for Protection: 21 Each Party or Non-Party that designates information or items for protection under this 22 Order must take care to limit any such designation to specific material that qualifies 23 under the appropriate standards. To the extent it is practical to do so, the Designating 24 Party must designate for protection only those parts of material, documents, items, or 25 oral or written communications that qualify – so that other portions of the material, 26 documents, items, or communications for which protection is not warranted are not 27 swept unjustifiably within the ambit of this Order. 28 1 Mass, indiscriminate, or routinized designations are prohibited. Designations 2 that are shown to be clearly unjustified or that have been made for an improper purpose 3 (e.g., to unnecessarily encumber or retard the case development process or to impose 4 unnecessary expenses and burdens on other parties) expose the Designating Party to 5 sanctions. 6 If it comes to a Designating Party’s attention that information or items that it 7 designated for protection do not qualify for protection at all or do not qualify for the 8 level of protection initially asserted, that Designating Party must promptly notify all 9 other parties that it is withdrawing the mistaken designation. 10 7.2 Manner and Timing of Designations: Except as otherwise provided in this 11 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 12 or ordered, Disclosure or Discovery Material that qualifies for protection under this 13 Order must be clearly so designated before the material is disclosed or produced. 14 Designation in conformity with this Order requires: 15 (a) for information in documentary form (e.g., paper or electronic 16 documents, but excluding transcripts of depositions or other pretrial or trial 17 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or 18 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that 19 contains protected material. 20 A Party or Non-Party that makes original documents or materials available for 21 inspection need not designate them for protection until after the inspecting Party has 22 indicated which material it would like copied and produced. During the inspection and 23 before the designation, all of the material made available for inspection shall be deemed 24 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting 25 Party has identified the documents it wants copied and produced, the Producing Party 26 must determine which documents, or portions thereof, qualify for protection under this 27 Order. Then, before producing the specified documents, the Producing Party must affix 28 1 the appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 2 ATTORNEYS’ EYES ONLY”) to each page that contains Protected Material. 3 (b) for testimony given in deposition, that the Designating Party identify on 4 the record, before the close of the deposition, all protected testimony, or within 30 days 5 after receipt of the certified transcript. Parties shall give the other parties notice if they 6 reasonably expect a deposition to include Protected Material so that the other parties 7 can ensure that only authorized individuals who have signed the “Acknowledgment 8 and Agreement to Be Bound” (Exhibit A) are present at those proceedings. The use of 9 a document as an exhibit at a deposition shall not in any way affect its designation as 10 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 11 ONLY.” 12 Transcripts containing Protected Material shall have an obvious legend on the title page that the transcript contains Protected Material, and the title page shall be 13 followed by a list of all pages (including line numbers as appropriate) that have been 14 designated as Protected Material and the level of protection being asserted by the 15 Designating Party. 16 (c) for information produced in some form other than documentary and for 17 any other tangible items, that the Producing Party affix in a prominent place on the 18 exterior of the container or containers in which the information or item is stored the 19 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 20 ONLY.” 21 7.3 Inadvertent Failures to Designate: If timely corrected, an inadvertent 22 failure to designate qualified information or items does not, standing alone, waive the 23 Designating Party’s right to secure protection under this Order for such material. Upon 24 timely correction of a designation, the Receiving Party must make reasonable efforts 25 to assure that the material is treated in accordance with the provisions of this Order. 26 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 27 8.1 Timing of Challenges: Any Party or Non-Party may challenge a 28 1 Order. Unless a prompt challenge to a Designating Party’s confidentiality designation 2 is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 3 burdens, or a significant disruption or delay of the litigation, a Party does not waive its 4 right to challenge a confidentiality designation by electing not to mount a challenge 5 promptly after the original designation is disclosed. 6 8.2 Meet and Confer: The Challenging Party shall initiate the dispute 7 resolution process under Local Rule 37-1 et seq. 8 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 9 stipulation pursuant to Local Rule 37-2. 10 8.4 The burden of persuasion in any such challenge proceeding shall be on the 11 Designating Party. Frivolous challenges and those made for an improper purpose (e.g., 12 to harass or impose unnecessary expenses and burdens on other parties) may expose 13 the Challenging Party to sanctions. Unless the Designating Party has waived the 14 confidentiality designation by failing to file a motion to retain confidentiality as 15 described above, all parties shall continue to afford the material in question the level of 16 protection to which it is entitled under the Producing Party’s designation until the court 17 rules on the challenge. 18 9. ACCESS TO AND USE OF PROTECTED MATERIAL 19 9.1 Basic Principles: A Receiving Party may use Protected Material that is 20 disclosed or produced by another Party or by a Non-Party in connection with this case 21 only for prosecuting, defending, or attempting to settle this litigation. Such Protected 22 Material may be disclosed only to the categories of persons and under the conditions 23 described in this Order. When the litigation has been terminated, a Receiving Party 24 must comply with the provisions of section 13 below (FINAL DISPOSITION). 25 Protected Material must be stored and maintained by a Receiving Party at a location 26 and in a secure manner that ensures that access is limited to the persons authorized 27 under this Order. 28 / / / 1 9.2 Disclosure of “CONFIDENTIAL” Information or Items: Unless 2 otherwise ordered by the court or permitted in writing by the Designating Party, a 3 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 4 only to: 5 (a) the Receiving Party’s Outside Counsel in this Action, as well as 6 employees of said Outside Counsel to whom it is reasonably necessary to disclose the 7 information for this Action; 8 (b) the officers, directors, and employees (including House Counsel) of the 9 Receiving Party to whom disclosure is reasonably necessary for this Action; 10 (c) Experts (as defined in this Order) of the Receiving Party to whom 11 disclosure is reasonably necessary for this litigation and who have signed the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (d) the court and its personnel; 14 (e) court reporters and their staff; 15 (f) professional jury or trial consultants, and Professional Vendors to whom 16 disclosure is reasonably necessary for this litigation and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (g) the author or recipient of a document containing the information or a 19 custodian or other person who otherwise possessed or knew the information; 20 (h) during their depositions, witnesses, and attorneys for witnesses, in the 21 Action to whom disclosure is reasonably necessary and who have signed the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 23 by the Designating Party or ordered by the court. Pages of transcribed deposition 24 testimony or exhibits to depositions that reveal Protected Material may be separately 25 bound by the court reporter and may not be disclosed to anyone except as permitted 26 under this Stipulated Protective Order; and 27 (i) any mediators or settlement officers and their supporting personnel, mutually 28 agreed upon by any of the parties engaged in settlement discussions. 1 9.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 2 ONLY” Information or Items: Unless otherwise ordered by the court or permitted in 3 writing by the Designating Party, a Receiving Party may disclose any information or 4 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only 5 to: 6 (a) the Receiving Party’s Outside Counsel in this Action, as well as 7 employees of said Outside Counsel to whom it is reasonably necessary to disclose the 8 information for this Action; 9 (b) Experts (as defined in this Order) of the Receiving Party to whom 10 disclosure is reasonably necessary for this Action and who have signed the 11 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (c) the court and its personnel; 13 (d) court reporters and their staff; 14 (e) professional jury or trial consultants, mock jurors, and Professional 15 Vendors to whom disclosure is reasonably necessary for this Action and who have 16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 (f) the author or recipient of a document containing the information or a 18 custodian or other person who otherwise possessed or knew the information; 19 (h) any mediators or settlement officers and their supporting personnel, 20 mutually agreed upon by any of the parties engaged in settlement discussions. 21 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 22 OTHER LITIGATION 23 If a Party is served with a subpoena or a court order issued in other litigation 24 that compels disclosure of any information or items designated in this Action as 25 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 26 ONLY” that Party must: 27 (a) promptly notify in writing the Designating Party. Such notification shall 28 include a copy of the subpoena or court order; 1 (b) promptly notify in writing the party who caused the subpoena or order to 2 issue in the other litigation that some or all of the material covered by the subpoena or 3 order is subject to this Protective Order. Such notification shall include a copy of this 4 Stipulated Protective Order; and 5 (c) cooperate with respect to all reasonable procedures sought to be pursued 6 by the Designating Party whose Protected Material may be affected. 1 7 If the Designating Party timely seeks a protective order, the Party served with 8 the subpoena or court order shall not produce any information designated in this Action 9 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 10 ONLY” before a determination by the court from which the subpoena or order issued, 11 unless the Party has obtained the Designating Party’s permission. The Designating 12 Party shall bear the burden and expense of seeking protection in that court of its 13 confidential material – and nothing in these provisions should be construed as 14 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 15 directive from another court. 16 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 17 PRODUCED IN THIS LITIGATION 18 (a) The terms of this Order are applicable to information produced by a Non- 19 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 20 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by 21 Non-Parties in connection with this litigation is protected by the remedies and relief 22 provided by this Order. Nothing in these provisions should be construed as prohibiting 23 a Non-Party from seeking additional protections. 24 (b) In the event that a Party is required, by a valid discovery request, to 25 produce a Non-Party’s confidential information in its possession, and the Party is 26 27 1 The purpose of imposing these duties is to alert the interested parties to the existence of this Protective Order and to afford the Designating Party in this case an 28 opportunity to try to protect its confidentiality interests in the court from which the 1 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 2 information, then the Party shall: 3 (1) promptly notify in writing the Requesting Party and the Non- Party 4 that some or all of the information requested is subject to a confidentiality agreement 5 with a Non-Party; 6 (2) promptly provide the Non-Party with a copy of the Stipulated 7 Protective Order in this Action, the relevant discovery request(s), and a reasonably 8 specific description of the information requested; and 9 (3) make the information requested available for inspection by the 10 Non-Party, if requested. 11 (c) If the Non-Party fails to seek a protective order from this court within 14 12 days of receiving the notice and accompanying information, the Receiving Party may 13 produce the Non-Party’s confidential information responsive to the discovery request. 14 If the Non-Party timely seeks a protective order, the Receiving Party shall not 15 produce any information in its possession or control that is subject to the 16 confidentiality agreement with the Non-Party before a determination by the court. 17 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 18 of seeking protection in this court of its Protected Material. 19 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 20 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 21 Protected Material to any person or in any circumstance not authorized under this 22 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 23 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 24 all unauthorized copies of the Protected Material, (c) inform the person or persons to 25 whom unauthorized disclosures were made of all the terms of this Order, and (d) 26 request such person or persons to execute the “Acknowledgment and Agreement to Be 27 Bound” that is attached hereto as Exhibit A. 28 1 13. PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 2 MATERIAL 3 Pursuant to Federal Rule of Evidence 502(d), the production by a producing 4 party of any documents, electronically stored information, or other information, 5 whether such production be deemed intentional or inadvertent, shall not constitute a 6 waiver by the producing party—in this or any other federal or state proceeding—of any 7 attorney-client privilege or work product protection. This Order shall be interpreted to 8 provide the maximum protection allowed by Federal Rule of Evidence 502. 9 14 MISCELLANEOUS 10 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 11 person to seek its modification by the court in the future. 12 14.2 Right to Assert Other Objections. By stipulating to the entry of this 13 Protective Order no Party waives any right it otherwise would have to object to 14 disclosing or producing any information or item on any ground not addressed in this 15 Stipulated Protective Order. Similarly, no Party waives any right to object on any 16 ground to use in evidence of any of the material covered by this Protective Order. 17 14.3 Filing Protected Material. Without written permission from the 18 Designating Party or a court order secured after appropriate notice to all interested 19 persons, a Party may not file in the public record in this Action any Protected Material. 20 A Party that seeks to file under seal any Protected Material must comply with Civil 21 Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court 22 order authorizing the sealing of the specific Protected Material at issue. Pursuant to 23 Civil Local Rule 79-5, a sealing order will issue only upon a request establishing that 24 the Protected Material at issue is privileged, protectable as a trade secret, or otherwise 25 entitled to protection under the law, and the designation of material as Protected 26 Material under this Order is not, without more, sufficient to justify a sealing order. If a 27 Receiving Party's request to file Protected Material under seal pursuant to Civil Local 28 Rule 79- 5 is denied by the court, then the Receiving Party may file the Protected 1 || Material in the public record pursuant to Civil Local Rule 79-5 unless otherwise 2 || instructed by the court. 3 || 15. FINAL DISPOSITION 4 Within 60 days after the final disposition of this Action, as defined in paragraph 5 || 6, each Receiving Party must return all Protected Material to the Producing Party or 6 || destroy such material. As used in this subdivision, “all Protected Material” includes all 7 || copies, abstracts, compilations, summaries, and any other format reproducing or 8 || capturing any of the Protected Material. Whether the Protected Material is returned or 9 || destroyed, the Receiving Party must submit a written certification to the Producing 10 || Party (and, if not the same person or entity, to the Designating Party) by the 60-day 11 || deadline that (1) identifies (by category, where appropriate) all the Protected Material 12 || that was returned or destroyed and (2) affirms that the Receiving Party has not retained 13 || any copies, abstracts, compilations, summaries or any other format reproducing or 14 || capturing any of the Protected Material. Notwithstanding this provision, Counsel are 15 || entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and 16 || hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 17 || expert reports, attorney work product, and consultant and expert work product, even if 18 || such materials contain Protected Material. Any such archival copies that contain or 19 || constitute Protected Material remain subject to this Protective Order as set forth in 20 || Section 6 (DURATION). 21 || 16. VIOLATION 22 Any violation of this Order may be punished by appropriate measures 23 || including, without limitation, contempt proceedings and/or monetary sanctions. 24 For good cause shown, IT IS SO ORDERED. 25 i de, 26 || Dated: October 29, 2024 hho ck 27 hited Siates Magistrate dge 28 1A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], of 4 [print or type full address], declare 5 under penalty of perjury that I have read in its entirety and understand the Amended 6 Stipulated Protective Order that was issued by the United States District Court for the 7 Central District of California on October 29, 2024, in the case of Masimo Corp. v. 8 Politan Capital Management LP et al., No. 8:24-cv-1568-JVS-JDE. I agree to comply 9 with and to be bound by all the terms of this Stipulated Protective Order and I 10 understand and acknowledge that failure to so comply could expose me to sanctions 11 and punishment in the nature of contempt. I solemnly promise that I will not disclose 12 in any manner any information or item that is subject to this Stipulated Protective Order 13 to any person or entity except in strict 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. 18 I hereby appoint [print or type full 19 name] of [print or type full address and telephone number] as 20 my California agent for service of process in connection with this Action or any 21 proceedings related to enforcement of this Stipulated Protective Order. 22 23 Date: 24 City and State where sworn and signed: 25 Printed name: 26 Signature: 27 28