Opinion

1 J o (nja Ata. bAekta@beakta, bEeskqa. n(Cdcaol.. cSoBmN) 269497)

2 Rachel J. Zacuto, Esq. (Cal. SBN 349488)

(rzacuto@atabekandco.com)

3 ATABEK & CO.

250 Newport Center Drive, Suite 306

4 Newport Beach, CA 92660

Telephone: (949) 229-0953

5 Facsimile: (213) 402-3413

6 Attorneys for Defendant REBALANCE HEALTH, INC.

7 THE UNITED STATES DISTRICT COURT

8 FOR THE CENTRAL DISTRICT OF CALIFORNIA

9 ROBINSON PHARMA, INC., Case No.: 8:25-cv-00536-JVS-DFM

10 Plaintiff, STIPULATED PROTECTIVE

ORDER

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v.

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REBALANCE HEALTH, INC. and

Hon. Douglas F. McCormick

13 DOES 1 through 50, inclusive,

14 Defendants.

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21 Plaintiff ROBINSON PHARMA, INC. (“Plaintiff”) and Defendant REBALANCE

22 HEALTH, INC. (“Defendant”), by and through their undersigned counsel, submit this

23 Stipulated Protective Order governing discovery in this case.

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1 1. PRELIMINARY MATTERS

2 1.1. Purposes and Limitations

3 Discovery in this action is likely to involve production of confidential, proprietary or

4 private information for which special protection from public disclosure and from use for any

5 purpose other than prosecuting this litigation may be warranted. Accordingly, the parties

6 hereby stipulate to and petition the Court to enter the following Stipulated Protective Order.

7 The parties acknowledge that this Order does not confer blanket protections on all

8 disclosures or responses to discovery and that the protection it affords from public

9 disclosure and use extends only to the limited information or items that are entitled to

10 confidential treatment under the applicable legal principles.

11 1.2 Good Cause Statement

12 In the operative complaint, Plaintiff asserts claims for relief against Defendant for

13 1) breach of contract and 2) common counts. Defendant denies all of Plaintiff’s claims and

14 all liability in this action. This action is likely to involve valuable research, development,

15 commercial, financial, technical, confidential and/or proprietary information for which

16 special protection from public disclosure and from use for any purpose other than

17 prosecution of this action is warranted.

18 Such confidential and proprietary materials and information consist of, among other

19 things, confidential business or financial information, information regarding confidential

20 business practices, information otherwise generally unavailable to the public, or which may

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

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

23 facilitate the prompt resolution of disputes over confidentiality of discovery materials, to

24 adequately protect information the parties are entitled to keep confidential, to ensure that

25 the parties are permitted reasonable necessary uses of such material in preparation for and

26 in the conduct of trial, to address their handling at the end of the litigation, and serve the

27 ends of justice, a protective order for such

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

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

3 without a good faith belief that it has been maintained in a confidential record of this

4 case.

5 1.3 Acknowledgment of Procedure for Filing Under Seal

6 The parties further acknowledge, that this Stipulated Protective Order does not

7 entitle them to file confidential information under seal; Local Civil Rule 79-5 sets forth the

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

9 permission from the court to file material under seal.

10 There is a strong presumption that the public has a right to access judicial

11 proceedings and records in civil cases. In connection with non-dispositive motions,

12 good cause must be shown to support a filing under seal. See Kamakana v. City and County

13 of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors

14 Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics,

15 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require

16 good cause showing), and a specific showing of good cause or compelling reasons

17 with proper evidentiary support and legal justification, must be made with respect to

18 Protected Material that a party seeks to file under seal. The parties’ mere designation

19 of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY CONFIDENTIAL

20 – ATTORNEYS’ EYES ONLY does not—without the submission of competent evidence

21 by declaration, establishing that the material sought to be filed under seal qualifies as

22 confidential, privileged, or otherwise protectable— constitute good cause.

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

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

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

26 v. Pacific Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir. 2010). For each item or type of

27 information, document, or thing sought to be filed or introduced under seal in connection

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1 with a dispositive motion or trial, the party seeking protection must articulate compelling

2 reasons, supported by specific facts and legal justification, for the requested sealing order.

3 Again, competent evidence supporting the application to file documents under seal must

4 be provided by declaration.

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

6 entirety will not be filed under seal if the confidential portions can be redacted. If

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

8 confidential, privileged, or otherwise protectable portions of the document shall be filed.

9 Any application that seeks to file documents under seal in their entirety should include an

10 explanation of why redaction is not feasible.

11 2. DEFINITIONS

12 2.1 Action:

13 The present pending lawsuit: ROBINSON PHARMA, INC. v. REBALANCE

14 HEALTH, INC., No. 8:25-cv-00536-JVS-DFM.

15 2.2 Challenging Party:

16 A Party or Non-Party that challenges the designation of information or items under

17 this Order.

18 2.3 “CONFIDENTIAL” Information or Items:

19 Information (regardless of how it is generated, stored or maintained) or tangible

20 things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as

21 specified above in the Good Cause Statement.

22 2.4 Designated House Counsel:

23 House Counsel who seek access to “HIGHLY CONFIDENTIAL – ATTORNEYS’

24 EYES ONLY” information in this matter

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1 2.5 Designating Party:

2 A Party or Non-Party that designates information or items that it produces in

3 disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY

4 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

5 2.6 Disclosure or Discovery Material:

6 All items or information, regardless of the medium or manner in which it is

7 generated, stored, or maintained (including, among other things, testimony, transcripts, and

8 tangible things) that are produced or generated in disclosures or responses to discovery in

9 this matter.

10 2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

11 Information or Items:

12 Extremely sensitive “Confidential Information or Items,” disclosure of which to

13 another Party or Non-Party would create a substantial risk of serious harm that could not

14 be avoided by less restrictive means.

15 2.8 House Counsel:

16 Attorneys who are employees of a party to this Action. House Counsel does not

17 include Outside Counsel of Record or any other outside counsel.

18 2.9 Non-Party:

19 Any natural person, partnership, corporation, association or other legal entity not

20 named as a Party to this action.

21 2.10 Party:

22 Any party to this Action, including all of its officers, directors, employees,

23 consultants, retained experts, and Outside Counsel of Record (and their support staffs).

24 2.11 Producing Party:

25 A Party or Non-Party that produces Disclosure or Discovery Material in this

26 Action.

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1 2.12 Protected Material:

2 Any Disclosure or Discovery Material that is designated as “CONFIDENTIAL” or

3 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

4 2.13 Receiving Party:

5 A Party that receives Disclosure or Discovery Material from a Producing Party.

6 3. SCOPE

7 The protections conferred by this Stipulated Protective Order cover not only

8 Protected Material (as defined above), but also (1) any information copied or extracted

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

10 Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel

11 that might reveal Protected Material.

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

13 judge. This Order does not govern the use of Protected Material at trial.

14 4. DURATION

15 Even after final disposition of this litigation, the confidentiality obligations imposed

16 by this Order shall remain in effect until a Designating Party agrees otherwise in writing

17 or a court order otherwise directs. Final disposition shall be deemed to be the later of (1)

18 dismissal of all claims and defenses in this Action, with or without prejudice; and (2) final

19 judgment herein after the completion and exhaustion of all appeals, rehearings, remands,

20 trials, or reviews of this Action, including the time limits for filing any motions or

21 applications for extension of time pursuant to applicable law.

22 5. DESIGNATING PROTECTED MATERIAL

23 5.1 Exercise of Restraint and Care in Designating Material for Protection.

24 Each Party or Non-Party that designates information or items for protection under

25 this Order must take care to limit any such designation to specific material that qualifies

26 under the appropriate standards. The Designating Party must designate for protection

27 only those parts of material, documents, items or oral or written communications that

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1 qualify so that other portions of the material, documents, items or communications for

2 which protection is not warranted are not swept unjustifiably within the ambit of this

3 Order.

4 5.2 Manner and Timing of Designations.

5 Except as otherwise provided in this Order (see, e.g., second paragraph of section

6 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that

7 qualifies for protection under this Order must be clearly so designated before the material

8 is disclosed or produced.

9 Designation in conformity with this Order requires for information in documentary

10 form (e.g., paper or electronic documents, but excluding transcripts of depositions or other

11 pretrial or trial proceedings), that the Producing Party affix at a minimum, the legend

12 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or the legend “HIGHLY

13 CONFIDENTIAL –ATTORNEYS’ EYES ONLY”) (hereinafter the “AEO legend”), to

14 each page that contains protected material. If only a portion of the material on a page

15 qualifies for protection, the Producing Party also must clearly identify the protected

16 portion(s) (e.g., by making appropriate markings in the margins).

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

18 not designate them for protection until after the inspecting Party has indicated which

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

20 designation, all of the material made available for inspection shall be deemed “HIGHLY

21 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has

22 identified the documents it wants copied and produced, the Producing Party must determine

23 which documents, or portions thereof, qualify for protection under this Order. Then, before

24 producing the specified documents, the Producing Party must affix the appropriate

25 CONFIDENTIAL legend or AEO legend to each page that contains Protected Material. If

26 only a portion of the material on a page qualifies for protection, the Producing Party also

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1 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the

2 margins).

3 5.3 Inadvertent Failures to Designate.

4 If timely corrected, an inadvertent failure to designate qualified information or items

5 does not, standing alone, waive the Designating Party’s right to secure protection under this

6 Order for such material. Upon timely correction of designation, the Receiving Party must make

7 reasonable efforts to assure that the material is treated in accordance with the provisions of this

8 Order.

9 6. ACCESS TO AND USE OF PROTECTED MATERIAL

10 7.1 Basic Principles.

11 A Receiving Party may use Protected Material that is disclosed or produced by

12 another Party or by a Non-Party in connection with this Action only for prosecuting,

13 defending or attempting to settle this Action. Such Protected Material may be disclosed

14 only to the categories of persons and under the conditions described in this Order. When

15 the Action has been terminated, a Receiving Party must comply with the provisions of

16 section 10 below (FINAL DISPOSITION).

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

18 and in a secure manner that ensures that access is limited to the persons authorized under

19 this Order.

20 7.2 Disclosure of “CONFIDENTIAL” Information or Items.

21 Unless otherwise ordered by the court or permitted in writing by the Designating

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

23 “CONFIDENTIAL” only to:

24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as

25 employees of said Outside Counsel of Record to whom it is reasonably necessary to

26 disclose the information for this Action;

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1 (b) the officers, directors, and employees (including House Counsel) of the

2 Receiving Party to whom disclosure is reasonably necessary for this Action;

3 (c) the Court and its personnel;

4 (d) the author or recipient of a document containing the information or a custodian

5 or other person who otherwise possessed or knew the information; and

6 (e) any mediator or settlement officer, and their supporting personnel, mutually

7 agreed upon by any of the parties engaged in settlement discussions.

8 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

9 ONLY” Information of Items.

10 Unless otherwise ordered by the court or permitted in writing by the Designating

11 Party, a Receiving Party may disclose any information or item designated “HIGHLY

12 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

13 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as

14 employees of said Outside Counsel of Record to whom it is reasonably necessary to

15 disclose the information for this Action;

16 (b) Designated House Counsel of the Receiving Party (1) who has no involvement

17 in competitive decision-making and (2) to whom disclosure is reasonably necessary for

18 this Action;

19 (c) the court and its personnel and any other mediator, settlement officer, or dispute

20 resolution officer duly appointed or assigned in connection with this Action; and

21 (d) the author or recipient of a document containing the information or a custodian or

22 other person who otherwise possessed or knew the information.

23 8. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

27 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all

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1 unauthorized copies of the Protected Material, and (c) inform the person or persons to

2 whom unauthorized disclosures were made of all the terms of this Order.

3 9. PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

4 MATERIAL

5 The production of any privileged or otherwise protected or exempted information,

6 as well as the production of information without an appropriate designation of

7 confidentiality, shall not be deemed a waiver or impairment of any claim of privilege or

8 protection, including, but not limited to, the attorney-client privilege, the protection

9 afforded to work-product materials, or the subject matter thereof, or the confidential nature

10 of any such information, as to the produced information, or any other information.

11 The production of privileged or work-product protected documents, electronically

12 stored information (ESI), or information, whether inadvertent or otherwise, is not a waiver

13 of the privilege or protection from discovery in this case or in any other federal or state

14 proceeding. This Order shall be interpreted to provide the maximum protection allowed by

15 Federal Rule of Evidence 502(d).

16 The Producing Party must notify the Receiving Party promptly, in writing,

17 upon discovery that privileged or otherwise protected material has been produced. Upon

18 receiving written notice from the Producing Party that privileged or work- product material

19 has been produced, all such information, and all copies thereof, shall be returned to the

20 Producing Party within 10 business days of receipt of such notice and the Receiving Party

21 shall not use such information for any purpose, except as provided in this section, until

22 further order of the Court. The Receiving Party shall also attempt, in good faith, to retrieve

23 and return or destroy all copies of the documents in electronic format.

24 10. FINAL DISPOSITION

25 After the final disposition of this Action, as defined in Section 4, within 60 days of

26 a written request by the Designating Party, each Receiving Party must return all Protected

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

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1 || Protected Material” includes all copies, abstracts, compilations, summaries, and any other

2 || format reproducing or capturing any of the Protected Material.

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

4 || all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

5 || correspondence, deposition and trial exhibits, expert reports, attorney work product, and

6 || consultant and expert work product, even if such materials contain Protected Material.

7 11. VIOLATION

8 Any violation of this Order may be punished by appropriate measures including,

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

10 It is so stipulated, through counsel of record.

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0 Dated: May 7, 2026 GREENBAUM LAW GROUP, LLP

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By: __/s/ Stephen Shumlas

14 Stephen J. Shumlas

15 Attorneys for Plaintiff

6 ROBINSON PHARMA, INC.

17 ATABEK & CO.

18 Dated: May 7, 2026 By: /s/ Jon Atabek

19 Jon A. Atabek

Attorneys for Defendant

20 REBALANCE HEALTH, INC.

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3 For good cause shown, it is so ordered.

°° Dated: May 8, 2026

ated: May 8,

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25 Hon. Douglas F. McCormick

United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER