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2.8 House Counsel: attorneys who are employees of a Party to this Action. House Counsel does not include Outside Counsel of Record or any other outside counsel. ^[2].9 Nonparty: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. ^[2].10 Outside Counsel of Record: attorneys who are not employees of a Party to this Action but are retained to represent or advise a Party and have appeared in this Action on behalf of that Party or are affiliated with a law 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, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2.12 Producing Party: a Party or Nonparty that produces Disclosure or Discovery Material in this Action. ^[2].13 Professional Vendors: persons or entities that provide litigation support services (for example, photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors. ^[2].14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. ^[3]. SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above) but also any information copied or extracted from Protected Material; all copies, excerpts, summaries, or compilations of Protected Material; and any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. ORRICK, HERRINGTON & SUTCLIFFE LLP - 4 - STIPULATED PROTECTIVE ORDER 2:22-CV-05325 Page ID #:1025

Any use of Protected Material at trial will be governed by the orders of the trial judge. This Order does not govern the use of Protected Material at trial. ^[4]. DURATION Once a case proceeds to trial, all the information that was designated as confidential or maintained under this Order and that is sought to be introduced or used at trial becomes public and will be presumptively available to all members of the public, including the press, unless the trial judge finds compelling reasons to proceed otherwise. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in discovery from “compelling reasons” needed for merits- related documents). Accordingly, the terms of this Order do not extend to documents introduced or used at trial unless the designating party separately requests and obtains a Court order sealing that portion of the trial record. This order shall continue to apply to materials not introduced or used at trial until a Designating Party agrees otherwise in writing or a court order otherwise directs. ^[5]. DESIGNATING PROTECTED MATERIAL 5.1 Each Party or Nonparty that designates information or items for protection 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 protection only those parts of material, documents, items, or oral or written communications that qualify so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (for example, to unnecessarily encumber the case-development process or to impose unnecessary expenses and burdens on other parties) may expose the Designating Party to sanctions. ORRICK, HERRINGTON & SUTCLIFFE LLP - 5 - STIPULATED PROTECTIVE ORDER 2:22-CV-05325 Page ID #:1026

If it comes to a Designating Party’s attention that information or items it designated for protection do not qualify for that level of protection, that Designating Party must promptly notify all other Parties that it is withdrawing the inapplicable designation. ^[5].2 Except as otherwise provided in this Order, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. Designation in conformity with this Order requires the following: (a) for information in documentary form (for example, paper or electronic documents but excluding transcripts of depositions or other pretrial or trial proceedings), the Producing Party must affix at a minimum the legend “CONFIDENTIAL” to each page that contains Protected Material. If only a portion or portions of the material on a page qualify for protection, the Producing Party must clearly identify the protected portion(s) (for example, by making appropriate markings in the margins). A Party or Nonparty that makes original documents available for inspection need not designate them for protection until after the inspecting Party has indicated which documents it would like copied and produced. During the inspection and before the designation, all material made available for inspection must be treated as “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or portions of the material on a page qualify for protection, the Producing Party also must clearly identify the protected portion(s) (for example, by making appropriate markings in the margins).

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(b) for testimony given in depositions, the Deposition Transcript in its entirety will be presumed CONFIDENTIAL until 28 days after the final transcript is delivered by the court reporter to the parties, or upon agreement of the parties. Within 28 days after delivery of the final transcript, the Designating Party must serve by email to all parties a copy of the transcript identifying the Disclosure or Discovery Material that is protected. (c) for information produced in some form other than documentary and for any other tangible items, the Producing Party must affix in a prominent place on the exterior of the container or containers in which the information is stored the legend “CONFIDENTIAL.” If only a portion or portions of the information warrant protection, the Producing Party, to the extent practicable, must identify the protected portion(s). 5.3 If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive the Designating Party’s right to secure protection under this Order for that material. On timely correction of a designation, the Receiving Party must make reasonable efforts to assure that the material is treated in accordance with the provisions of this Order. ^[6]. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Any Party or Nonparty may challenge a designation of confidentiality at any time consistent with the Court’s scheduling order. ^[6].2 The Challenging Party must initiate the dispute-resolution process (and, if necessary, file a discovery motion) under Local Rule 37. 6.3 The burden of persuasion in any such proceeding is on the Designating Party. Frivolous challenges, and those made for an improper purpose (for example, to harass or impose unnecessary expenses and burdens on other parties), may expose the Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality designation, all parties must continue to afford the material in question the level of protection to which it is entitled under ORRICK, HERRINGTON & SUTCLIFFE LLP - 7 - STIPULATED PROTECTIVE ORDER 2:22-CV-05325 Page ID #:1028 Page ID #:1029 Page ID #:1030

action as “CONFIDENTIAL” before a determination on the protective-order request by the relevant court unless the Party has obtained the Designating Party’s permission. The Designating Party bears the burden and expense of seeking protection of its Confidential Material, and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive from another court. ^[9]. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a Nonparty in this Action and designated as “CONFIDENTIAL.” Such information is protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Nonparty from seeking additional protections. (b) In the event that a Party is required by a valid discovery request to produce a Nonparty’s Confidential Information in its possession and the Party is subject to an agreement with the Nonparty not to produce the Nonparty’s Confidential Information, then the Party must (1) promptly notify in writing the Requesting Party and the Nonparty that some or all of the information requested is subject to a confidentiality agreement with a Nonparty; (2) promptly provide the Nonparty with a copy of this Order, the relevant discovery request(s), and a reasonably specific description of the information requested; and (3) make the information requested available for inspection by the Nonparty, if requested. (c) If the Nonparty fails to seek a protective order within 21 days of receiving the notice and accompanying information, the Receiving Party may produce the Nonparty’s Confidential Information responsive to the discovery ORRICK, HERRINGTON & SUTCLIFFE LLP - 10 - STIPULATED PROTECTIVE ORDER 2:22-CV-05325 Page ID #:1031 Page ID #:1032

12.3 A Party that seeks to file under seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may be filed under seal only pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a Party's request to file Protected Material under seal is denied, then the Receiving Party may file the information in the public record unless otherwise instructed by the Court. ^[13]. FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 4, within 60 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, summaries, and any other format reproducing or capturing any of the Protected 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 person or entity, to the Designating Party) by the 60-day deadline that identifies (by category, when appropriate) all the Protected Material that was returned or destroyed and affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries, or any other format reproducing or capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings; motion papers; trial, deposition, and hearing transcripts; legal memoranda; correspondence; deposition and trial exhibits; expert reports; attorney work product; and consultant and expert work product even if such materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain subject to this Order as set forth in Section 4 (DURATION). 14. SANCTIONS

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1 Any willful violation of this Order may be punished by civil or criminal 2 || contempt, financial or evidentiary sanctions, reference to disciplinary authorities, or 3 || other appropriate action at the discretion of the Court. ^[5] || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. ^[7] || DATED: February 8, 2023 /s/ Stephen Lobbin Stephen Lobbin 8 Attorneys for Plaintiff, Andrew Pham 10 | DATED: February 8, 2023 /s/ Amy Van Zant Amy Van Zant 11 Attorneys for Defendant, Talkdesk, Inc. ^[12] 13 CIVIL LOCAL RULE 5-4.3.4 ATTESTATION 14 I hereby attest that all other signatories listed, and on whose behalf the filing 15 || is submitted, concur in the filing’s content and have authorized the filing. 16 || DATED: February 8, 2023 /s/ Amy Van Zant Amy Van Zant 17 Attorneys for Defendant, Talkdesk, Inc. ^[18] 19 20 21 || PURSUANT TO STIPULATION, IT IS SO ORDERED. ^[22] fe heMuttr 23 || DATED: February 9, 2023 4 JEAN P. ROSENBLUTH U.S. MAGISTRATE JUDGE 25 26 27 Page ID #:1034