Opinion

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

10 MASIMO CORPORATION, Case No. 2:25-cv-03188-JVS-JDE

11 Plaintiff, STIPULATED PROTECTIVE

ORDER

12 vs.

[Note Changes by the Court]

13 JOE E. KIANI, RODERICK WONG,

NAVEEN YALAMANCHI, RTW

14 INVESTMENTS, LP, RTW

INVESTMENTS GP, LLC, RTW

15 MASTER FUND, LTD., RTW

OFFSHORE FUND ONE, LTD., RTW

16 ONSHORE FUND ONE, LP, RTW

INNOVATION MASTER FUND,

17 LTD., RTW INNOVATION

OFFSHORE FUND, LTD., RTW

18 INNOVATION ONSHORE FUND, LP,

and RTW FUND GROUP GP, LLC,

19

Defendants.

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21 Based on the Parties’ Stipulation (Dkt. 230) and for good cause shown, the

22 Court finds and orders as follows.

23 1. Purposes and Limitations

24 Discovery in this action is likely to involve production of confidential,

25 proprietary or private information for which special protection from public

26 disclosure and from use for any purpose other than pursuing this litigation may be

27 warranted. This Order does not confer blanket protections on all disclosures or

responses to discovery and the protection it affords from public disclosure and use

1 extends only to the limited information or items that are entitled to confidential

2 treatment under the applicable legal principles.

3 2. Good Cause Statement

4 This Action is likely to involve the exchange of non-publicly available

5 documents and other information of a sensitive and confidential or proprietary nature.

6 Without conceding the relevance or responsiveness of any specific request or

7 document, the Parties acknowledge that such information may include business

8 strategies and plans, potential transactions, investment theses, investor lists, and/or

9 other financial or technical information for which special protection from public

10 disclosure and from use for any purpose other than prosecution of this Action is

11 warranted. Such confidential and proprietary materials and information may consist

12 of, among other things, confidential business or financial information, information

13 regarding confidential business practices, and sensitive information related to

14 confidential research, development, or commercial information. This also

15 encompasses information that implicates the privacy rights of third parties, which is

16 otherwise generally unavailable to the public, as well as information that may be

17 privileged or otherwise protected from disclosure under state or federal statutes, court

18 rules, case decisions, or common law. Accordingly, to expedite the flow of

19 information, facilitate the prompt resolution of disputes over confidentiality of

20 discovery materials, adequately protect information the parties are entitled to keep

21 confidential, ensure that the parties are permitted reasonable necessary uses of such

22 material in preparation for and in the conduct of trial, address their handling at the

23 end of the litigation, and serve the ends of justice, this Protective Order for such

24 information is justified in this matter. It is the intent of the parties that information

25 will not be designated as confidential for tactical reasons and that nothing will be so

26 designated without a good faith belief that it has been maintained in a confidential,

27 non-public manner, and there is good cause why it should not be part of the public

1 3. Acknowledgment Of Under Seal Filing Procedure

2 as set forth in Section 14.c, below, this Protective Order does not entitle the

3 Parties to file confidential information under seal; Local Civil Rule 79-5 sets forth the

4 procedures that must be followed and the standards that will be applied when a party

5 seeks permission from the Court to file material under seal. There is a strong

6 presumption that the public has a right of access to judicial proceedings and records

7 in civil cases. In connection with non-dispositive motions, good cause must be shown

8 to support a filing under seal. See Kamakana v. City and County of Honolulu, 447

9 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-

10 11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D.

11 Wis. 1999) (even stipulated protective orders require good cause showing), and a

12 specific showing of good cause or compelling reasons with proper evidentiary support

13 and legal justification, must be made with respect to Protected Material that a party

14 seeks to file under seal. The Parties’ mere designation of Disclosure or Discovery

15 Material as CONFIDENTIAL does not— without the submission of competent

16 evidence by declaration, establishing that the material sought to be filed under seal

17 qualifies as confidential, privileged, or otherwise protectable—constitute good cause.

18 Further, if a party requests sealing related to a dispositive motion or trial, then

19 compelling reasons, not only good cause, for the sealing must be shown, and the relief

20 sought shall be narrowly tailored to serve the specific interest to be protected. See

21 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each

22 item or type of information, document, or thing sought to be filed or introduced under

23 seal, the party seeking protection must articulate compelling reasons, supported by

24 specific facts and legal justification, for the requested sealing order. Again, competent

25 evidence supporting the application to file documents under seal must be provided by

26 declaration.

27 Any document that is not confidential, privileged, or otherwise protectable in

1 documents can be redacted, then a redacted version for public viewing, omitting only

2 the confidential, privileged, or otherwise protectable portions of the document, shall

3 be filed. Any application that seeks to file documents under seal in their entirety

4 should include an explanation of why redaction is not feasible.

5 In addition, any documents designated “HIGHLY CONFIDENTIAL –

6 ATTORNEYS’ EYES ONLY” shall be provisionally filed under seal if the receiving

7 party submits them in connection with a motion, and the receiving party shall seek an

8 order sealing such documents.

9 4. Definitions

10 a. Action: Masimo Corporation v. Kiani, et al., Case No. 2:25-cv-

11 03188-JVS-JDE (C.D. Cal.).

12 b. Challenging Party: a Party or Non-Party that challenges the

13 designation of information or items under this Order.

14 c. “CONFIDENTIAL” Information or Items: information

15 (regardless of how it is generated, stored or maintained) or tangible things that qualify

16 for protection under Federal Rule of Civil Procedure 26(c), and as specified above in

17 the Good Cause Statement.

18 d. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

19 ONLY” Information or Items: Information or tangible things that contain or reflect

20 highly sensitive business, technical, financial, strategic, or personal data, the

21 disclosure of which to another Party or Non-Party would create a substantial risk of

22 serious harm that could not be avoided by less restrictive means. Such information

23 shall be limited to Outside Counsel of Record, the Court and its personnel, and

24 qualified Experts (as defined herein) who have executed Exhibit A and been disclosed

25 to all Parties as required under this Order.

26 e. Counsel: Outside Counsel of Record and House Counsel (as well

27 as their support staff).

1 f. Designating Party: a Party or Non-Party that designates

2 information or items that it produces in disclosures or in responses to discovery as

3 “CONFIDENTIAL.”

4 g. Disclosure or Discovery Material: all items or information,

5 regardless of the medium or manner in which it is generated, stored, or maintained

6 (including, among other things, testimony, transcripts, and tangible things), that are

7 produced or generated in disclosures or responses to discovery.

8 h. Expert: a person with specialized knowledge or experience in a

9 matter pertinent to the litigation who has been retained by a Party or its counsel to

10 serve as an expert witness or as a consultant in this Action.

11 i. House Counsel: attorneys who are employees of a party to this

12 Action. House Counsel does not include Outside Counsel of Record or any other

13 outside counsel.

14 j. Non-Party: any natural person, partnership, corporation,

15 association or other legal entity not named as a Party to this action.

16 k. Outside Counsel of Record: attorneys who are not employees of

17 a party to this Action but are retained to represent a party to this Action and have

18 appeared in this Action on behalf of that party or are affiliated with a law firm that

19 has appeared on behalf of that party, and includes support staff.

20 l. Party: any party to this Action, including all of its officers,

21 directors, employees, consultants, retained experts, and Outside Counsel of Record

22 (and their support staffs).

23 m. Producing Party: a Party or Non-Party that produces Disclosure

24 or Discovery Material in this Action.

25 n. Professional Vendors: persons or entities that provide litigation

26 support services (e.g., photocopying, videotaping, translating, preparing exhibits or

27 demonstrations, and organizing, storing, or retrieving data in any form or medium)

1 o. Protected Material: any Disclosure or Discovery Material that is

2 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

3 EYES ONLY.”

4 p. Receiving Party: a Party that receives Disclosure or Discovery

5 Material from a Producing Party.

6 q. Final Disposition of this Action: When either of the following

7 occurs: appeals have been exhausted, the case is settled with all parties, and/or the

8 Judge rules on the finality of the case.

9 5. Scope

10 The protections conferred by this Order cover not only Protected Material (as

11 defined above), but also (1) any information copied or extracted from Protected

12 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;

13 and (3) any testimony, conversations, or presentations by Parties or their Counsel that

14 might reveal Protected Material.

15 Any use of Protected Material at trial shall be governed by the orders of the

16 trial judge and other applicable authorities. This Order does not govern the use of

17 Protected Material at trial. Notwithstanding anything herein, no receiving party may

18 use any Protected Material, for securities trading, investment decisions, proxy

19 solicitation or voting recommendations or other competitive decision-making.

20 6. Duration

21 Once a case proceeds to trial, information that was designated as

22 CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY or

23 but introduced as an exhibit at trial becomes public and will be presumptively

24 available to all members of the public, including the press, unless compelling reasons

25 supported by specific factual findings to proceed otherwise are made to the trial judge

26 in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good

27 cause” showing for sealing documents produced in discovery from “compelling

1 7. Designating Protected Material

2 a. Exercise of Restraint and Care in Designating Material for

3 Protection. Each Party or Non-Party that designates information or items for

4 protection under this Order must take care to limit any such designation to specific

5 material that qualifies under the appropriate standards. The Designating Party must

6 designate for protection only those parts of material, documents, items or oral or

7 written communications that qualify so that other portions of the material, documents,

8 items or communications for which protection is not warranted are not swept

9 unjustifiably within the ambit of this Order.

10 b. Mass, indiscriminate or routinized designations are

11 prohibited. Designations that are shown to be clearly unjustified or that have been

12 made for an improper purpose (e.g., to unnecessarily encumber the case development

13 process or to impose unnecessary expenses and burdens on other parties) may expose

14 the Designating Party to sanctions.

15 If it comes to a Designating Party’s attention that information or items that it

16 designated for protection do not qualify for protection, that Designating Party must

17 promptly notify all other Parties that it is withdrawing the inapplicable designation.

18 c. Manner and Timing of Designations. Except as otherwise

19 provided in this Order, or as otherwise stipulated or ordered, Disclosure of Discovery

20 Material that qualifies for protection under this Order must be clearly so designated

21 before the material is disclosed or produced.

22 Designation in conformity with this Order requires:

23 i. for information in documentary form (e.g., paper or

24 electronic documents, but excluding transcripts of depositions or other pretrial or trial

25 proceedings), that the Producing Party affix at a minimum, the legend

26 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL Legend”), or “HIGHLY

27 CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” (hereinafter “HIGHLY

1 contains protected material. If only a portion of the material on a page qualifies for

2 protection, the Producing Party also must clearly identify the protected portion(s)

3 (e.g., by making appropriate markings in the margins). The designation “HIGHLY

4 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall be used only as and only

5 when justified.

6 A Party or Non-Party that makes original documents available for inspection

7 need not designate them for protection until after the inspecting Party has indicated

8 which documents it would like copied and produced. During the inspection and before

9 the designation, all of the material made available for inspection shall be deemed

10 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

11 copied and produced, the Producing Party must determine which documents, or

12 portions thereof, qualify for protection under this Order. Then, before producing the

13 specified documents, the Producing Party must affix the “CONFIDENTIAL legend”

14 or “HIGHLY CONFIDENTIAL Legend” to each page that contains Protected

15 Material. If only a portion of the material on a page qualifies for protection, the

16 Producing Party also must clearly identify the protected portion(s) (e.g., by making

17 appropriate markings in the margins).

18 ii. for testimony given in depositions, all testimony is

19 provisionally treated as CONFIDENTIAL for 30 days after the transcript is available

20 to the Designating Party. Within that period, the Designating Party may designate

21 pages/lines as CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’

22 EYES ONLY by letter to all Parties and the court reporter. Only the designated

23 portions will remain protected after day 30.

24 iii. for information produced in some form other than

25 documentary and for any other tangible items, that the Producing Party affix in a

26 prominent place on the exterior of the container or containers in which the information

27 is stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

1 warrants protection, the Producing Party, to the extent practicable, shall identify the

2 protected portion(s).

3 d. Inadvertent Failures to Designate. If timely corrected, an

4 inadvertent failure to designate qualified information or items does not, standing

5 alone, waive the Designating Party’s right to secure protection under this Order for

6 such material. Upon timely correction of a designation, the Receiving Party must

7 make reasonable efforts to assure that the material is treated in accordance with the

8 provisions of this Order. In particular, the Receiving Party must replace the

9 inadvertently non-designated material with the newly designated material and make

10 reasonable efforts to destroy the originally non-designated material.

11 8. Challenging Confidentiality Designations

12 a. Timing of Challenges. Any Party or Non-Party may challenge a

13 designation of confidentiality at any time that is consistent with the Court’s

14 Scheduling Order.

15 b. Meet and Confer. The Challenging Party shall initiate the dispute

16 resolution process under Local Rule 37-1 et seq.

17 c. Joint Stipulation. Any challenge submitted to the Court shall be

18 via a joint stipulation pursuant to Local Rule 37-2.

19 d. The burden of persuasion in any such challenge proceeding shall

20 be on the Designating Party. Frivolous challenges, and those made for an improper

21 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties)

22 may expose the Challenging Party to sanctions. Unless the Designating Party has

23 waived or withdrawn the confidentiality designation, all parties shall continue to

24 afford the material in question the level of protection to which it is entitled under the

25 Producing Party’s designation until the Court rules on the challenge.

26 9. Access To And Use Of Protected Material

27 a. Basic Principles. A Receiving Party may use Protected Material

1 this Action only for prosecuting, defending or attempting to settle this Action. Such

2 Protected Material may be disclosed only to the categories of persons and under the

3 conditions described in this Order. When the Action has been terminated, a Receiving

4 Party must comply with the provisions of Section 15 below (FINAL DISPOSITION).

5 Protected Material must be stored and maintained by a Receiving Party at a

6 location and in a secure manner that ensures that access is limited to the persons

7 authorized under this Order.

8 b. Disclosure of “CONFIDENTIAL” Information or Items.

9 Unless otherwise ordered by the Court or permitted in writing by the Designating

10 Party, a Receiving Party may disclose any information or item designated

11 “CONFIDENTIAL” only to:

12 i. the Receiving Party’s Outside Counsel of Record in this

13 Action, as well as employees of said Outside Counsel of Record to whom it is

14 reasonably necessary to disclose the information for this Action;

15 ii. the officers, directors, and employees (including House

16 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this

17 Action;

18 iii. Experts (as defined in this Order) of the Receiving Party to

19 whom disclosure is reasonably necessary for this Action and who have signed the

20 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

21 iv. the Court and its personnel;

22 v. court reporters and their staff;

23 vi. professional jury or trial consultants, mock jurors, and

24 Professional Vendors to whom disclosure is reasonably necessary for this Action and

25 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

26 vii. the author or recipient of a document containing the

27 information or a custodian or other person who otherwise possessed or knew the

1 viii. during their depositions, witnesses, and attorneys for

2 witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) the

3 deposing party requests that the witness sign the form attached as Exhibit A hereto;

4 and (2) they will not be permitted to keep any confidential information unless they

5 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless

6 otherwise agreed by the Designating Party or ordered by the Court. Pages of

7 transcribed deposition testimony or exhibits to depositions that reveal Protected

8 Material may be separately bound by the court reporter and may not be disclosed to

9 anyone except as permitted under this Stipulated Protective Order; and

10 ix. any mediators or settlement officers and their personnel,

11 mutually agreed upon by any of the Parties engaged in settlement discussions.

12 c. Disclosure of “HIGHLY CONFIDENTIAL–ATTORNEYS’

13 EYES ONLY” Information or Items. Unless otherwise ordered by the Court or

14 permitted in writing by the Designating Party, a Receiving Party may disclose any

15 information or item designated “HIGHLY CONFIDENTIAL—ATTORNEYS’

16 EYES ONLY” only to:

17 i. Outside Counsel of Record and their staff to whom

18 disclosure is reasonably necessary for this Action;

19 ii. Experts (as defined in this Order) retained by Outside

20 Counsel of Record to whom disclosure is reasonably necessary for this Action, who

21 have signed Exhibit A and provided advance notice to all Parties;

22 iii. The Court and its personnel; and

23 iv. Professional Vendors retained to assist counsel, who have

24 signed Exhibit A.

25 10. Protected Material Subpoenaed Or Ordered Produced In Other

26 Litigation

27 a. If a Party receives a subpoena, court order, regulatory request

1 of any information or items designated in this Action as “CONFIDENTIAL,” or

2 “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” that Party must:

3 i. promptly notify in writing the Designating Party. Such

4 notification shall include a copy of the subpoena or court order;

5 ii. promptly notify in writing the party who caused the

6 subpoena or order to issue in the other litigation that some or all of the material

7 covered by the subpoena or order is subject to this Protective Order. Such notification

8 shall include a copy of this Stipulated Protective Order; and

9 iii. cooperate with respect to all reasonable procedures sought

10 to be pursued by the Designating Party whose Protected Material may be affected. If

11 the Designating Party timely seeks a protective order, the Party served with the

12 subpoena or court order shall not produce any information designated in this action

13 as “CONFIDENTIAL” and/or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES

14 ONLY” before a determination by the Court from which the subpoena or order issued,

15 unless the Party has obtained the Designating Party’s permission. The Designating

16 Party shall bear the burden and expense of seeking protection in that court of its

17 Protected Material and nothing in these provisions should be construed as authorizing

18 or encouraging a Receiving Party in this Action to disobey a lawful directive from

19 another court.

20 11. A Non-Party’s Protected Material Sought To Be Produced In This

21 Litigation

22 a. The terms of this Order are applicable to information produced by

23 a Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

24 CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” Such information produced by

25 Non-Parties in connection with this litigation is protected by the remedies and relief

26 provided by this Order. Nothing in these provisions should be construed as prohibiting

27 a Non-Party from seeking additional protections.

1 b. In the event that a Party is required, by a valid discovery request,

2 to produce a Non-Party’s confidential information in its possession, and the Party is

3 subject to an agreement with the Non-Party not to produce the Non-Party’s

4 confidential information, then the Party shall:

5 i. promptly notify in writing the Requesting Party and the

6 Non-Party that some or all of the information requested is subject to a confidentiality

7 agreement with a Non-Party;

8 ii. promptly provide the Non-Party with a copy of the

9 Stipulated Protective Order in this Action, the relevant discovery request(s), and a

10 reasonably specific description of the information requested; and

11 iii. make the information requested available for inspection by

12 the Non-Party, if requested.

13 c. If the Non-Party fails to seek a protective order from this court

14 within 14 days of receiving the notice and accompanying information, the Receiving

15 Party may produce the Non-Party’s confidential information responsive to the

16 discovery request. If the Non-Party timely seeks a protective order, the Receiving

17 Party shall not produce any information in its possession or control that is subject to

18 the confidentiality agreement with the Non-Party before a determination by the court.

19 Absent a court order to the contrary, the Non-Party shall bear the burden and expense

20 of seeking protection in this court of its Protected Material.

21 12. Unauthorized Disclosure Of Protected Material

22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

23 Protected Material to any person or in any circumstance not authorized under this

24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

25 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

26 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

27 persons to whom unauthorized disclosures were made of all the terms of this Order,

1 and (d) request such person or persons to execute the “Acknowledgment an

2 Agreement to Be Bound” attached hereto as Exhibit A.

3 13. Inadvertent Production Of Privileged Or Otherwise Protected

4 Material

5 The production of documents by a Producing Party shall, to the maximum

6 extent permitted by law, be governed by Federal Rule of Civil Procedure 26(b)(5)(B)

7 and Federal Rule of Evidence 502 regarding the inadvertent production of material

8 protected by the attorney-client privilege, the work-product doctrine, or any other

9 privilege or protection from disclosure recognized under applicable law. A Party’s

10 inadvertent disclosure in connection with this Action of information that the

11 Producing Party believes is protected by the attorney-client privilege, the work

12 product doctrine, or any other privilege or immunity from discovery shall not

13 constitute a waiver with respect to such privilege or immunity in this or any other

14 Action.

15 a. Notification by the Producing Party. In the event of an

16 inadvertent disclosure of information that the Producing Party believes is protected

17 by the attorney-client privilege, the work product doctrine, or any other privilege or

18 immunity from discovery, the Producing Party may provide notice in writing to the

19 Receiving Party advising of the inadvertent disclosure, requesting return of the

20 information, and asserting the basis of the clawback request. Upon such notice, the

21 Receiving Party shall make no further use of the information, shall immediately

22 segregate the information in a manner that will prevent any further disclosure or

23 dissemination, and shall take reasonable steps to retrieve the information to the extent

24 it was disclosed or disseminated prior to receipt of the notice. Within ten (10) business

25 days of receiving the notice of inadvertent disclosure, the Receiving Party shall take

26 reasonable steps to return all information in its possession, custody, or control that the

27 Producing Party believes is protected, or shall provide written confirmation that such

1 the return or destruction of information that is stored on backup storage media made

2 in accordance with regular data backup procedures for disaster recovery purposes.

3 Backup storage media will not be restored for purposes of returning or certifying

4 destruction of information, but such retained information shall continue to be treated

5 in accordance with this Order.

6 b. Notification by the Receiving Party. Subject to subsection (c),

7 in the event a Receiving Party receives information that appears on its face to be

8 subject to the attorney-client privilege, the work-product doctrine, or any other

9 privilege or immunity from discovery, the Receiving Party shall refrain from

10 reviewing the information any more than is essential to ascertain that the information

11 is privileged, and shall immediately notify the Producing Party in writing that he or

12 she possesses information that appears on its face to be privileged. The Producing

13 Party shall then have ten (10) business days after receiving the notice to request the

14 return of the information. If the Producing Party requests return of the information,

15 the Receiving Party shall immediately return the information to the Producing Party

16 and destroy any other copies, and confirm the return and destruction of the materials

17 in writing.

18 c. Reservation of Rights. For the avoidance of doubt, nothing in

19 this Section 13 shall preclude a Receiving Party from challenging a confidentiality or

20 privilege designation under Section 8 (Challenging Confidentiality or Privilege

21 Designations). Pursuant to Federal Rule of Evidence 502(d), the production of

22 privileged or work-product-protected material shall not constitute a waiver of any

23 privilege or protection in this or any other proceeding.

24 14. Miscellaneous

25 a. Right to Further Relief. Nothing in this Order abridges the right

26 of any person to seek its modification by the Court in the future.

27 b. Right to Assert Other Objections. By stipulating to the entry of

1 disclosing or producing any information or item on any ground not addressed in this

2 Stipulated Protective Order. Similarly, no Party waives any right to object on any

3 ground to use in evidence of any of the material covered by this Protective Order.

4 c. Filing Protected Material. A Party that seeks to file under seal

5 any Protected Material must comply with Local Civil Rule 79-5. Protected Material

6 may only be filed under seal pursuant to a court order authorizing the sealing of the

7 specific Protected Material. If a Party’s request to file Protected Material under seal

8 is denied by the Court, then the Receiving Party may file the information in the public

9 record unless otherwise instructed by the court.

10 15. Final Disposition

11 After the Final Disposition of this Action, within 60 days of a written request

12 by the Designating Party, each Receiving Party must return all Protected Material to

13 the Producing Party or destroy such material. As used in this subdivision, “all

14 Protected Material” includes all copies, abstracts, compilations, summaries, and any

15 other format reproducing or capturing any of the Protected Material. Whether the

16 Protected Material is returned or destroyed, the Receiving Party must submit a written

17 certification to the Producing Party (and, if not the same person or entity, to the

18 Designating Party) by the 60-day deadline that (1) identifies (by category, where

19 appropriate) all the Protected Material that was returned or destroyed and (2) affirms

20 that the Receiving Party has not retained any copies, abstracts, compilations,

21 summaries or any other format reproducing or capturing any of the Protected Material.

22 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

23 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

24 correspondence, deposition and trial exhibits, expert reports, attorney work product,

25 and consultant and expert work product, even if such materials contain Protected

26 Material. Any such archival copies that contain or constitute Protected Material

27 remain subject to this Protective Order as set forth in Section 6 (DURATION).

1 16. Violation

2 Any violation of this Order may be punished by appropriate measures

3 || including, without limitation, contempt proceedings and/or monetary sanctions.

For good cause shown, IT IS SO ORDERED.

Dated: January 23, 2026 ye de

9 United States Magistrate Judge

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________ [print or type full name], of

4 _____________________________________________________________

5 [print or type full address], declare under penalty of perjury that I have read in

6 its entirety and understand the Stipulated Protective Order that was issued by the

7 United States District Court for the Central District of California on

8 [DATE:__________________] in the case of Masimo Corporation v. Joe E. Kiani, et

9 al., Case No. 2:25-cv-03188-JVS-JDE (C.D. Cal.).

10 I agree to comply with and to be bound by all the terms of this Stipulated

11 Protective Order, and I understand and acknowledge that failure to so comply could

12 expose me to sanctions and punishment in the nature of contempt.

13 I solemnly promise that I will not disclose in any manner any information or

14 item that is subject to this Stipulated Protective Order to any person or entity except

15 in strict compliance with the provisions of this Order. I further agree to submit to the

16 jurisdiction of the United States District Court for the Central District of California

17 for enforcing the terms of this Stipulated Protective Order, even if such enforcement

18 proceedings occur after termination of this action.

19 I hereby appoint _______________________ [print or type full name] of

20 ___________________________________________________________________

21 [print or type full address and telephone number] as my California agent for

22 service of process in connection with this action or any proceedings related to

23 enforcement of this Order.

24 Date:

25 City and State where sworn and signed:

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Printed name:

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Signature

1 ECF ATTESTATION

2 I, Joseph Sarles, attest that all other signatories listed, and on whose behalf

3 the filing is submitted, have concurred in the filing’s content and have authorized

4 the e-filing of the foregoing document in compliance with Local Rule 5-4.3.4(a)(2).

5

6 By: /s/ Joseph Sarles

7 Joseph Sarles

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