Opinion

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

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

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Plaintiff, AMENDED PROTECTIVE ORDER

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vs.

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JOE E. KIANI, RODERICK WONG,

14 NAVEEN YALAMANCHI, RTW

INVESTMENTS, LP, RTW

15 INVESTMENTS GP, LLC, RTW

MASTER FUND, LTD., RTW

16 OFFSHORE FUND ONE, LTD., RTW

ONSHORE FUND ONE, LP, RTW

17 INNOVATION MASTER FUND,

LTD., RTW INNOVATION

18 OFFSHORE FUND, LTD., RTW

INNOVATION ONSHORE FUND, LP,

19 and RTW FUND GROUP GP, LLC,

20 Defendants.

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1 Based on the Parties’ Stipulation (Dkt. 241)and for good cause shown, the

2 Court finds and orders as follows:

3 1. Purposes and Limitations

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

5 proprietary or private information for which special protection from public disclosure

6 and from use for any purpose other than pursuing this litigation may be warranted.

7 This Order does not confer blanket protections on all disclosures or responses to

8 discovery and the protection it affords from public disclosure and use extends only to

9 the limited information or items that are entitled to confidential treatment under the

10 applicable legal principles.

11 2. Good Cause Statement

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

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

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

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

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

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

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

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

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

21 regarding confidential business practices, and sensitive information related to

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

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

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

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

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

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

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

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

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

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

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

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

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

8 record of this case.

9 3. Acknowledgment Of Under Seal Filing Procedure

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

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

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

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

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

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

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

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

18 11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6 declaration.

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

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

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

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

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

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

13 In addition, absent written permission from the Designating Party or a court

14 order secured after appropriate notice to all interested parties as described in Section

15 14.c below, if a Receiving Party seeks to submit Protected Material designated by

16 another party in connection with a motion or other filing, the Receiving Party shall

17 comply with Local Civil Rule 79-5.2.2(b), including filing any required application

18 for leave to file under seal. The Designating Party shall, within the time required by

19 Local Civil Rule 79-5.2.2(b), file any required declaration establishing that all or part

20 of the designated material is sealable.

21 4. Definitions

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

23 03188-JVS-JDE (C.D. Cal.).

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

25 designation of information or items under this Order.

26 c. “CONFIDENTIAL” Information or Items: information

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

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

2 the Good Cause Statement.

3 d. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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

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

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

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

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

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

10 to all Parties as required under this Order.

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

12 as their support staff).

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

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

15 “CONFIDENTIAL.”

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

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

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

19 produced or generated in disclosures or responses to discovery.

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

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

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

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

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

25 outside counsel.

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

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

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

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

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

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

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

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

7 (and their support staffs).

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

9 or Discovery Material in this Action.

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

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

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

13 and their employees and subcontractors.

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

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

16 EYES ONLY.”

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

18 Material from a Producing Party.

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

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

21 Judge rules on the finality of the case.

22 5. Scope

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

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

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

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

27 might reveal Protected Material.

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

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

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

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

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

6 6. Duration

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

8 CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY

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

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

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

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

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

14 reasons” standard when merits-related documents are part of court record).

15 7. Designating Protected Material

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

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

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

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

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

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

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

23 unjustifiably within the ambit of this Order.

24 b. Mass, indiscriminate or routinized designations are

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

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

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

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

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

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

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

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

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

7 before the material is disclosed or produced.

8 Designation in conformity with this Order requires:

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

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

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

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

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

14 CONFIDENTIAL Legend”), as appropriate to each page or tangible item that

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

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

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

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

19 when justified.

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

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

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

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

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

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

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

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

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

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

3 appropriate markings in the margins).

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

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

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

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

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

9 portions will remain protected after day 30.

10 iii. for information produced in some form other than

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

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

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

14 ATTORNEYS’ EYES ONLY.” If only a portion or portions of the information

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

16 protected portion(s).

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

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

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

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

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

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

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

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

25 8. Challenging Confidentiality Designations

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

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

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

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

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

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

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

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

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

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

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

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

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

12 9. Access To And Use Of Protected Material

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

14 that is disclosed or produced by another Party or by a Non-Party in connection with

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

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

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

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

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

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

21 authorized under this Order.

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

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

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

25 “CONFIDENTIAL” only to:

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

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

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

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

3 Action;

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

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

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

7 iv. the Court and its personnel;

8 v. court reporters and their staff;

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

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

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

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

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

14 information;

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

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

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

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

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

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

21 transcribed deposition testimony or exhibits to depositions that reveal Protected

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

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

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

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

26 c. Disclosure of “HIGHLY CONFIDENTIAL–ATTORNEYS’

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

1 information or item designated “HIGHLY CONFIDENTIAL—ATTORNEYS’

2 EYES ONLY” only to:

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

4 disclosure is reasonably necessary for this Action;

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

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

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

8 iii. The Court and its personnel; and

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

10 signed Exhibit A.

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12 10. Protected Material Subpoenaed Or Ordered Produced In Other

13 Litigation

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

15 (including SEC, FINRA, state AG), or FOIA/CPRA request that compels disclosure

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

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

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

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

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

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

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

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

24 iii. cooperate with respect to all reasonable procedures sought

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

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

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

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

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

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

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

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

6 another court.

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

8 Litigation

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

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

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

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

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

14 a Non-Party from seeking additional protections.

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

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

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

18 confidential information, then the Party shall:

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

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

21 agreement with a Non-Party;

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

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

24 reasonably specific description of the information requested; and

25 iii. make the information requested available for inspection by

26 the Non-Party, if requested.

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

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

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

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

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

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

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

7 12. Unauthorized Disclosure Of Protected Material

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

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

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

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

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

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

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

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

16 13. Inadvertent Production Of Privileged Or Otherwise Protected

17 Material

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

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

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

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

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

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

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

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

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

27 Action.

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

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

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

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

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

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

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

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

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

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

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

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

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

14 information has been deleted. The Receiving Party’s reasonable steps shall not require

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

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

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

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

19 in accordance with this Order.

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

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

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

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

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

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

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

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

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

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

3 in writing.

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

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

6 privilege designation under Section 8 (Challenging Confidentiality or Privilege

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

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

9 privilege or protection in this or any other proceeding.

10 14. Miscellaneous

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

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

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

14 this Protective Order, no Party waives any right it otherwise would have to object to

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

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

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

18 c. Filing Protected Material. Without written permission from the

19 Designating Party or a court order secured after appropriate notice to all interested

20 persons, a Party may not file in the public record in this action any Protected Material.

21 A Party that seeks to file under seal any Protected Material must comply with Local

22 Civil Rule 79-5. Protected Material may only be filed under seal pursuant to a court

23 order authorizing the sealing of the specific Protected Material. If a Party’s request to

24 file Protected Material under seal is denied by the Court, then the Receiving Party

25 may file the information in the public record unless otherwise instructed by the court.

26 15. Final Disposition

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

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

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

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

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

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

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

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

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

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

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

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

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

13 |}and consultant and expert work product, even if such materials contain Protected

14|| Material. Any such archival copies that contain or constitute Protected Material

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

16 16. Violation

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

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

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED

21! Dated: August 28, 2026

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23

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HN D. EARLY

34 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 its

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

7 District Court for the Central District of California on [DATE:__________________] in the

8 case of Masimo Corporation v. Joe E. Kiani, et al., Case No. 2:25-cv-03188-JVS-JDE (C.D.

9 Cal.).

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

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

12 sanctions and punishment in the nature of contempt.

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

14 is subject to this Stipulated Protective Order to any person or entity except in strict

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

16 the United States District Court for the Central District of California for enforcing the terms

17 of this Stipulated Protective Order, even if such enforcement proceedings occur after

18 termination of this action.

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

20 _______________________________________________________ [print or type full

21 address and telephone number] as my California agent for service of process in connection

22 with this action or any proceedings related to enforcement of this Order.

23 Date:

24 City and State where sworn and signed:

25

Printed name:

26

Signature

27