The opinion
1 | HOGAN LOVELLS US LLP
Tao Y. Leung (Bar No. 254265)
2 || Michelle Roberts Gonzales (Bar No. 292075)
Harmony R. Gbe (Bar No. 313241)
3 | 1999 Avenue of the Stars, Suite 1400
Los Angeles, California 90067
4 Telephone: 310) 785-4600
Fax No.: 310) 785-4601
5] tao.leung@hoganlovells.com
michelle.roberts. gonzales@hoganlovells.com
6 | harmony.gbe@hoganlovells.com
7 || Michael E. DeLarco (Admitted Pro Hac Vice)
390 Madison Avenue
8 || New York, NY 10019
Telephone: (212) 918-3000
9 Fax No.- 212) 918-3100
10 michael.delarco@hoganlovells.com
Attorneys for Defendants
1] INTERNATIONAL BUSINESS
MACHINES CORPORATION and
12 | ARVIND KRISHNA
13
14 UNITED STATES DISTRICT COURT
5 CENTRAL DISTRICT OF CALIFORNIA
16 | JOHN LOEFFLER, Case No. 2:25-cv-05765-CBM-PD
17 Plaintiff, STIPULATED PROTECTIVE
RDER
18 Vv.
19 | INTERNATIONAL BUSINESS Honorable Patricia Donahue
0 MACHINES CORPORATION, a
New York Corporation, and Location: Courtroom 580
21 | ARVIND KRISHNA, an individual,
Compl. Filed: June 25, 2025
22 Defendants. FAC Filed: September 3, 2025
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LOVELLS US ee
STIPULATED PROTECTIVE ORDER — CASE NO. 2:25-cv-05765-CBM-PD
1 Based on the parties’ stipulation (Dkt. 49), and good cause appearing, the
Court finds and orders as follows:
4 || 1. INTRODUCTION
5 Plaintiff John Loeffler and Defendant International Business Machines
Corporation, by and through their respective counsel of record, stipulated to the
8 || following protective order.
? 1.1 PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,
12 || proprietary and/or private information for which special protection from public
13 disclosure and from use for any purpose other than prosecuting this litigation may be
warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter
16 || the following Stipulated Protective Order. The parties acknowledge that this Order
M7 does not confer blanket protections on all disclosures or responses to discovery and
that the protection it affords from public disclosure and use extends only to the
20 || limited information or items that are entitled to confidential treatment under the
1 applicable legal principles.
1.2 GOOD CAUSE STATEMENT
24 This action is likely to involve trade secrets, customer and pricing lists and
other valuable research, development, commercial, financial, technical and/or
07 proprietary information for which special protection from public disclosure and from
28 || use for any purpose other than prosecution of this action is warranted. Such
| || confidential and proprietary materials and information consist of, among other
things, confidential business or financial information, information regarding
4 || confidential business practices, or other confidential research, development, or
> | commercial information (including information implicating privacy rights of third
parties), information otherwise generally unavailable to the public, or which may be
8 || privileged or otherwise protected from disclosure under state or federal statutes, court
? rules, case decisions, or common law. Accordingly, to expedite the flow of
information, to facilitate the prompt resolution of disputes over confidentiality of
12 || discovery materials, to adequately protect information the parties are entitled to keep
13 confidential, to ensure that the parties are permitted reasonable necessary uses of such
material in preparation for and in the conduct of trial, to address their handling at the
16 || end of the litigation, and serve the ends of justice, a protective order for such
M7 information is justified in this matter. It 1s the intent of the parties that information
will not be designated as confidential for tactical reasons and that nothing be so
20 || designated without a good faith belief that it has been maintained in a confidential,
1 non-public manner, and there is good cause why it should not be part of the public
record of this case.
24 1.3 ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER
25 SEAL
26 The parties further acknowledge, as set forth in Section 12.3, below, that this
Stipulated Protective Order does not entitle them to file confidential information
1! under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and
the standards that will be applied when a party seeks permission from the court to
4 || file material under seal.
5 There is a strong presumption that the public has a right of access to judicial
proceedings and records in civil cases. In connection with non-dispositive motions,
8 || good cause must be shown to support a filing under seal, see Kamakana v. City and
? County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors
Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), and a specific showing of good cause
12 || or compelling reasons with proper evidentiary support and legal justification must be
13 made with respect to Protected Material that a party secks to file under seal. The
parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL
16 || does not—without the submission of competent evidence by declaration, establishing
M7 that the material sought to be filed under seal qualifies as confidential, privileged, or
otherwise protectable—constitute good cause.
20 Further, if a party requests sealing related to a dispositive motion or trial, then
21 compelling reasons, not only good cause, for the sealing must be shown, and the
relief sought shall be narrowly tailored to serve the specific interest to be protected.
24 || See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each
item or type of information, document, or thing sought to be filed or introduced under
07 seal in connection with a dispositive motion or trial, the party seeking protection must
28 || articulate compelling reasons, supported by specific facts and legal justification, for
the requested sealing order. Again, competent evidence supporting the application
to file documents under seal must be provided by declaration.
4 Any document that is not confidential, privileged, or otherwise protectable in
> | its entirety will not be filed under seal if the confidential portions can be redacted. If
documents can be redacted, then a redacted version for public viewing, omitting only
8 || the confidential, privileged, or otherwise protectable portions of the document shall
? be filed. Any application that seeks to file documents under seal in their entirety
should include an explanation of why redaction is not feasible.
12 | 2. DEFINITIONS
13 2.1. Action: Civil Action Case number 2:25-cv-05765-CBM-PD, pending
in the United States District Court, Central District of California.
16 2.2 Challenging Party: A Party or Non-Party that challenges the
M7 designation of information or items under this Order.
2.3 “CONFIDENTIAL” Information or Items: Information (regardless
20 || of how it is generated, stored or maintained) or tangible things that qualify for
21 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the
Good Cause Statement. This material should be shielded from public access and may
24 || only be disclosed as set forth in Section 7.2(b), et seq.
2.4 Counsel: Outside Counsel of Record and In-House Counsel (as well as
07 their support staff).
28 2.5 Designating Party: A Party or Non-Party that designates information
1! or items that it produces in disclosures or in responses to discovery as
“CONFIDENTIAL.”
4 2.6 Disclosure _or Discovery Material: All items or information,
5 regardless of the medium or manner in which they are generated, stored, or maintained
(including, among other things, testimony, transcripts, and tangible things) that are
8 || produced or generated in disclosures or responses to discovery in this matter.
? 2.7 Expert: A person with specialized knowledge or experience in a matter
pertinent to the litigation who has been retained by a Party or its counsel to serve as
12 || an expert witness or as a consultant in this Action.
13 2.8 In-House Counsel: Attorneys who are employees of a party to this
Action. In-House Counsel does not include Outside Counsel of Record or any other
16 || outside counsel.
M7 2.9 Non-Party: Any natural person, partnership, corporation, association
or other legal entity not named as a Party to this action.
20 2.10 Outside Counsel of Record: Attorneys who are not employees of a
21 party to this Action but who are retained to represent or advise a party to this Action
and have appeared in this Action on behalf of that party or are affiliated with a law
24 || firm that has appeared on behalf of that party, including support staff.
2.11 Party: Any party to this Action, including all of its officers, directors,
07 employees, consultants, retained experts, In-House Counsel, and Outside Counsel of
28 || Record (and their support staffs).
| 2.12 Producing Party: A Party or Non-Party that produces Disclosure or
2
4 Discovery Material in this Action.
4 2.13 Professional Vendors: Persons or entities that provide litigation
support services (e.g., photocopying, videotaping, translating, preparing exhibits or
6
7 demonstrations, and organizing, storing, or retrieving data in any form or medium)
8 || and their employees and subcontractors.
? 2.14 Protected Material: Any Disclosure or Discovery Material that is
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designated as “CONFIDENTIAL.”
12 2.15 Receiving Party: A Party that receives Disclosure or Discovery
13 Material from a Producing Party.
14
15 3. SCOPE
16 The protections conferred by this Stipulation and Order cover not only
M7 Protected Material (as defined above), but also (1) any information copied or
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19 extracted from Protected Material; (2) all copies, excerpts, summaries, or
20 || compilations of Protected Material; and (3) any testimony, conversations, or
21 presentations by Parties or their Counsel that might reveal Protected Material.
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3 Any use of Protected Material at trial shall be governed by the orders of the
24 || trial judge. This Order does not govern the use of Protected Material at trial.
25 4. DURATION
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07 Once a case proceeds to trial, information that was designated as
28 || CONFIDENTIAL or maintained pursuant to this protective order that are used or
LOVELLS US
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1 || introduced as an exhibit at trial may become presumptively available to all members
of the public, including the press, unless compelling reasons supported by specific
4 || factual findings to proceed otherwise are made to the trial judge in advance of the
> trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for
sealing documents produced in discovery from “compelling reasons” standard when
8 || merits-related documents are part of court record). Accordingly, the terms of this
? protective order do not extend beyond the commencement of the trial.
5. DESIGNATING PROTECTED MATERIAL
12 5.1 Exercise of Restraint and Care in Designating Material for
B Protection.
14 Each Party or Non-Party that designates information or items for protection
15 under this Order must take care to limit any such designation to specific material that
qualifies under the appropriate standards. The Designating Party must designate for
18 || protection only those parts of material, documents, items or oral or written
19 communications that qualify so that other portions of the material, documents, items
20
communications for which protection is not warranted are not swept unjustifiably
22 |) within the ambit of this Order.
Mass, indiscriminate or routinized designations are prohibited. Designations
5 that are shown to be clearly unjustified or that have been made for an improper
26 || purpose (e.g., to unnecessarily encumber the case development process or to impose
unnecessary expenses and burdens on other parties) may expose the Designating
1 Party to sanctions.
If it comes to a Designating Party’s attention that information or items that it
4 || designated for protection do not qualify for protection, that Designating Party must
5 promptly notify all other Parties that it is withdrawing the inapplicable designation.
5.2___ Manner and Timing of Designations.
8 Except as otherwise provided in this Order (see, e.g., second paragraph of
? section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery
Material that qualifies for protection under this Order must be clearly so designated
12 || before the material is disclosed or produced.
13 Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic
16 documents, but excluding transcripts of depositions or other pretrial or
M7 trial proceedings), that the Producing Party affix at a minimum, the
legend “CONFIDENTIAL” (hereinafter the “CONFIDENTIALITY
20 Legend”), to each page that contains protected material. If only a
1 portion of the material on a page qualifies for protection, the Producing
Party also must clearly identify the protected portion(s) (e.g., by making
24 appropriate markings in the margins).
A Party or Non-Party that makes original documents available
07 for inspection need not designate them for protection until after the
28 inspecting Party has indicated which documents it would like copied
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| and produced. During the inspection and before the designation, all of
the material made available for inspection shall be deemed
4 “CONFIDENTIAL.” After the inspecting Party has identified the
5 documents it wants copied and produced, the Producing Party must
determine which documents, or portions thereof, qualify for protection
8 under this Order. Then, before producing the specified documents, the
? Producing Party must affix the “CONFIDENTIALITY legend” to each
page that contains Protected Material. If only a portion of the material
12 on a page qualifies for protection, the Producing Party also must clearly
13 identify the protected portion(s) (e.g., by making appropriate markings
in the margins).
16 (b) for testimony given in depositions that the Designating Party
M7 identifies the Disclosure or Discovery Material on the record, before
the close of the deposition all protected testimony, subject to later
20 amendments by Counsel of Record within 30 days upon receipt of the
1 transcripts.
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3 (c) for information produced in some form other than documentary
24 and for any other tangible items, that the Producing Party affix in a
prominent place on the exterior of the container or containers in which
07 the information is stored the legend “CONFIDENTIAL.” If only a
28 portion or portions of the information warrants protection, the
| Producing Party, to the extent practicable, shall identify the protected
2
4 portion(s).
4 || The Parties further agree that in the event that discovery requires the production of
5 highly sensitive trade secret and/or confidential information, either Party may move
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7 the Court, subject to the requirements of Local Rule 37-1, for further protection from
8 || disclosure as to the documents in question, above and beyond the restriction
? provided herein.
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5.3. Inadvertent Failures to Designate.
12 If timely corrected, an inadvertent failure to designate qualified information
13 or items does not, standing alone, waive the Designating Party’s right to secure
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15 protection under this Order for such material. Upon timely correction of a
16 || designation, the Receiving Party must make reasonable efforts to assure that the
M7 material is treated in accordance with the provisions of this Order.
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19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
20 6.1 Timing of Challenges.
21 Any Party or Non-Party may challenge a designation of confidentiality at any
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3 time that is consistent with the Court’s Scheduling Order.
24 6.2 Meet and Confer.
The Challenging Party shall initiate the dispute resolution process under Local
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07 Rule 37.1 et seq.
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l 6.3 Joint Stipulation.
Any challenge submitted to the Court shall be via joint stipulation pursuant to
4 || Local Rule 37.2.
5 6.4 Burden of Persuasion.
The burden of persuasion in any such challenge proceeding shall be on the
8 || Designating Party. Frivolous challenges, and those made for an improper purpose
? (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
expose the Challenging Party to sanctions. Unless the Designating Party has waived
12 || or withdrawn the confidentiality designation, all parties shall continue to afford the
13 material in question the level of protection to which it is entitled under the Producing
Party’s designation until the Court rules on the challenge.
16 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL
M7 7.1 Basic Principles.
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19 A Receiving Party may use Protected Material that is disclosed or produced
20 || by another Party or by a Non-Party in connection with this Action only for
21 prosecuting, defending or attempting to settle this Action. Such Protected Material
may be disclosed only to the categories of persons and under the conditions
24 || described in this Order. When the Action has been terminated, a Receiving Party
must comply with the provisions of Section 13 below (FINAL DISPOSITION).
07 Protected Material must be stored and maintained by a Receiving Party at a
28 || location and in a secure manner that ensures that access is limited to the persons
13
1 || authorized under this Order.
7.2__Disclosure of “CONFIDENTIAL” Information or Items.
4 Unless otherwise ordered by the court or permitted in writing by the
5 Designating Party, a Receiving Party may disclose any information or item
designated “CONFIDENTIAL” only to:
8 (a) the Receiving Party’s Outside Counsel of Record in this Action,
? as well as employees of said Outside Counsel of Record to whom it is
reasonably necessary to disclose the information for this Action;
12 (b) the officers, directors, and employees (including In-House
13 Counsel) of the Receiving Party to whom disclosure is reasonably
necessary for this Action;
16 (c) Experts (as defined in this Order) of the Receiving Party to whom
M7 disclosure is reasonably necessary for this Action and who have signed
the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
20 (d) the court and its personnel;
21 (ec) court reporters and their staff;
(f) professional jury or trial consultants, mock jurors, and
24 Professional Vendors to whom disclosure is reasonably necessary for
this Action and who have signed the “Acknowledgment and Agreement
to Be Bound” (Exhibit A);
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| (g) the author or recipient of a document containing the information
or a custodian or other person who otherwise possessed or knew the
4 information;
5 (h) during their depositions, witnesses, and attorneys for witnesses,
in the Action to whom disclosure is reasonably necessary provided: (1)
8 the deposing party requests that the witness sign the form attached as
? Exhibit A hereto; and (2) they will not be permitted to keep any
confidential information unless they sign the “Acknowledgment and
12 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the
13 Designating Party or ordered by the court. Pages of transcribed
deposition testimony or exhibits to depositions that reveal Protected
16 Material may be separately bound by the court reporter and may not be
M7 disclosed to anyone except as permitted under this Stipulated Protective
Order; and
20 (Gj) any mediator or settlement officer, and their supporting
21 personnel, mutually agreed upon by any of the parties engaged in
settlement discussions.
24 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
5 IN OTHER LITIGATION
26 If a Party is served with a subpoena or a court order issued in other litigation
that compels disclosure of any information or items designated in this Action as
1 || “CONFIDENTIAL,” that Party must:
(a) promptly notify in writing the Designating Party. Such
4 notification shall include a copy of the subpoena or court order;
5 (b) promptly notify in writing the party who caused the subpoena or
order to issue in the other litigation that some or all of the material
8 covered by the subpoena or order is subject to this Protective Order.
? Such notification shall include a copy of this Stipulated Protective
10
Order; and
12 (c) cooperate with respect to all reasonable procedures sought to be
13 pursued by the Designating Party whose Protected Material may be
affected. If the Designating Party timely seeks a protective order, the
16 Party served with the subpoena or court order shall not produce any
M7 information designated in this action as “CONFIDENTIAL” before a
determination by the court from which the subpoena or order issued,
20 unless the Party has obtained the Designating Party’s permission. The
21 Designating Party shall bear the burden and expense of seeking
protection in that court of its confidential material and nothing in these
24 provisions should be construed as authorizing or encouraging a
Receiving Party in this Action to disobey a lawful directive from another
court.
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1 □□ □□ A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
2 || PRODUCED IN THIS LITIGATION
3 9.1 The terms of this Order are applicable to information produced by a
Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
6 || produced by Non-Parties in connection with this litigation is protected by the
7 | remedies and relief provided by this Order. Nothing in these provisions should be
construed as prohibiting a Non-Party from seeking additional protections.
10 9.2 In the event that a Party is required, by a valid discovery request, to
produce a Non-Party’s confidential information in its possession, and the Party is
subject to an agreement with the Non-Party not to produce the Non-Party’s
14 || confidential information, then the Party shall:
15 (a) promptly notify in writing the Requesting Party and the Non-
Party that some or all of the information requested is subject to a
18 confidentiality agreement with a Non-Party;
19 (b) promptly provide the Non-Party with a copy of the Stipulated
Protective Order in this Action, the relevant discovery request(s), and a
22 reasonably specific description of the information requested; and
23 (c) make the information requested available for inspection by the
Non-Party, if requested.
26 9.3. If the Non-Party fails to seek a protective order from this court within
fourteen (14) days of receiving the notice and accompanying information, the
| Receiving Party may produce the Non-Party’s confidential information responsive to
the discovery request. Ifthe Non-Party timely seeks a protective order, the Receiving
4 || Party shall not produce any information in its possession or control that is subject to
> || the confidentiality agreement with the Non-Party before a determination by the court.
Absent a court order to the contrary, the Non-Party shall bear the burden and expense
8 || of seeking protection in this court of its Protected Material.
? | 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
12 || Protected Material to any person or in any circumstance not authorized under this
13 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
16 || to retrieve all unauthorized copies of the Protected Material or ensure that the party
M7 receiving such unauthorized copies destroys or deletes them, (c) inform the person or
persons to whom unauthorized disclosures were made of all the terms of this Order,
20 || and (d) request such person or persons to execute the “Acknowledgment and
21 Agreement to Be Bound” that is attached hereto as Exhibit A.
11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain
26 || inadvertently produced material is subject to a claim of privilege or other protection,
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
1 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
may be established in an e-discovery order that provides for production without prior
4 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
5 parties reach an agreement on the effect of disclosure of a communication or
information covered by the attorney-client privilege or work product protection, the
8 || parties may incorporate their agreement in the stipulated protective order submitted
? to the court.
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12. MISCELLANEOUS
12 12.1 Right to Further Relief.
13 Nothing in this Order abridges the right of any person to seek its modification
by the Court in the future.
16 12.2 Right to Assert Other Objections.
M7 By stipulating to the entry of this Protective Order, no Party waives any right
it otherwise would have to object to disclosing or producing any information or item
20 || on any ground not addressed in this Stipulated Protective Order. Similarly, no Party
1 waives any right to object on any ground to use in evidence of any of the material
covered by this Protective Order.
24 12.3 Filing Protected Material.
A Party that seeks to file under seal any Protected Material must comply with
Local Civil Rule 79-5. Protected Material may only be filed under seal pursuant to a
28 || court order authorizing the sealing of the specific Protected Material at issue. If a
19
| Party’s request to file Protected Material under seal is denied by the court, then the
Receiving Party may file the information in the public record unless otherwise
4 || instructed by the court.
> || 13. FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 4, within 60
8 || days of a written request by the Designating Party, each Receiving Party must return
? all Protected Material to the Producing Party or destroy such material. As used in this
subdivision, “all Protected Material’? includes all copies, abstracts, compilations,
12 || summaries, and any other format reproducing or capturing any of the Protected
13 Material. Whether the Protected Material is returned or destroyed, the Receiving
Party must submit a written certification to the Producing Party (and, if not the same
16 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
M7 (by category, where appropriate) all the Protected Material that was returned or
destroyed and (2) affirms that the Receiving Party has not retained any copies,
20 || abstracts, compilations, summaries or any other format reproducing or capturing any
21 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
24 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
reports, attorney work product, and consultant and expert work product, even if such
07 materials contain Protected Material. Any such archival copies that contain or
28 || constitute Protected Material remain subject to this Protective Order as set forth in
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| | Section 4 (DURATION).
2
4 14. VIOLATION
4 Any violation of this Order may be punished by appropriate measures
5 including, without limitation, contempt proceedings and/or monetary sanctions.
6
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8 | ITIS SO STIPULATED:
9 || Date: May 14, 2026 By: __/s/ Scott J. Street
10 JW HOWARD | ATTORNEYS, LTD
John W. Howard (SBN 80200)
Scott J. Street (SBN 258962)
12 Michelle D. Volk (SBN 217151)
Peter C. Shelling (SBN 351159)
13 600 West Broadway, Suite 1400
14 San Diego, CA 92101
Tel: 619-237-2842; Fax 619-234-1716
Is johnh@jwhowardattorneys.com
16 sstreet@)whowardattorneys.com
michelle@jwhowardattorneys.com
7 pshelling@jwhowardattorneys.com
18
19 AMERICA FIRST LEGAL FOUNDATION
Ryan T. Giannetti (MD Bar No. 1912170132)
20 Laura Stell (NC Bar No. 59840)
James Rogers (AZ Bar No. 027287)
611 Pennsylvania Ave, SE #231
22 Washington, DC 20003
73 Telephone: (202) 964-3721
ryan.giannetti@aflegal.org
24 laura.stell@aflegal.org
95 james.rogers@aflegal.org
26 Attorneys for Plaintiff John Loeffler
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1 || Date: May 14, 2026 By: _ /s/ Michelle Roberts Gonzales
2 HOGAN LOVELLS US LLP
Tao Y. Leung (Bar No. 254265)
3 Michelle Roberts Gonzales (Bar No. 292075)
4 Harmony R. Gbe (Bar No. 313241)
1999 Avenue of the Stars, Suite 1400
5 Los Angeles, California 90067
6 Telephone: (310) 785-4600
Fax No.: (310) 785-4601
7 tao.leung@hoganlovells.com
g michelle.roberts.gonzales@hoganlovells.com
9 harmony.gbe@hoganlovells.com
10 Michael E. DeLarco (Admitted Pro Hac
Vice)
390 Madison Avenue
12 New York, NY 10019
Telephone: (212) 918-3000
13 Fax No.: (212) 918-3100
14 michael.delarco@hoganlovells.com
15 Attorneys for Defendants International
16 Business Machines Corporation and Arvind
7 Krishna
ig FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
19 Faluce Ll)
oD
4 || Dated: 05/18/2026 om fae
HON. PATRICIA DONAHUE
UNITED STATES MAGISTRATE JUDGE
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I EXHIBIT A
2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
3 I, , [print or type full name], of
[print or type full address], declare under penalty of perjury
6 || that I have read in its entirety and understand the Stipulated Protective Order that
7 || was issued by the United States District Court for the Central District of California
in the case of John Loeffler v. International Business Machines Corporation et al.,
10 || Case Number 2:25-cv-05765-CBM-PD.
1 I agree to comply with and to be bound by all the terms of this Stipulated
Protective Order and I understand and acknowledge that failure to so comply could
14 || expose me to sanctions and punishment in the nature of contempt. I solemnly
I5 promise that I will not disclose in any manner any information or item that is subject
to this Stipulated Protective Order to any person or entity except in strict compliance
18 || with the provisions of this Order.
19 I further agree to submit to the jurisdiction of the United States District Court
for the Central District of California for enforcing the terms of this Stipulated
22 || Protective Order, even if such enforcement proceedings occur after termination of
23 this action. I hereby appoint [print or type full name] of
24
95 [print or type full address and
26 || telephone number] as my California agent for service of process in connection with
27 this action or any proceedings related to enforcement of this Stipulated Protective
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1} Order.
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4 Dated:
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5 City and State where sworn and signed:
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8 || Printed Name:
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Signature:
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I SIGNATURE ATTESTATION
2 || Pursuant to Local Rule 5-4.3.4(a)(2)(i), I, Michelle Roberts Gonzales, hereby attest
3 || that I have obtained concurrence regarding the filing of this [Proposed] Stipulated
4 || Protective Order and its contents from the signatories of this document.
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6 || Date: 05/14/2026 By: _ /s/ Michelle Roberts Gonzales
7 Michael E. DeLarco
Tao Y. Leung
8 Michelle Roberts Gonzales
9 Harmony R. Gbe
10 Attorneys for Defendants International
11 Business Machines Corporation and Arvind
Krishna
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LOVELLS US il
STIPULATED PROTECTIVE ORDER — CASE NO. 2:25-CV-05765-CBM-PD