This Stipulation is being entered into to facilitate the production, exchange and discovery of documents and information that the parties agree merit confidential treatment (hereinafter the “Documents” or “Testimony”).

Except with the prior written consent of the Producing Party or by Order of the Court, Confidential Information shall not be furnished, shown or disclosed to any person or entity except to: (a) personnel of plaintiffs or defendant actually engaged in assisting in the preparation of this action for trial or other proceeding herein and who have been advised of their obligations hereunder; (b) outside litigation counsel for the parties to this action and their associated attorneys, paralegals and other professional personnel (including support staff and outside copying services) who are directly assisting such counsel in the preparation of this action for trial or other proceeding herein, are under the supervision or control of such counsel, and who have been advised by such counsel of their obligations hereunder; (c) expert witnesses or consultants retained by the parties or their counsel to furnish technical or expert services in connection with this action or to give testimony with respect to the subject matter of this action at the trial of this action or other proceeding herein; provided, however, that such Confidential Information is furnished, shown or disclosed in accordance with paragraph 7 hereof; (d) the Court and court personnel, if filed in accordance with paragraph 12 hereof; (e) an officer before whom a deposition is taken, including stenographic reporters and any necessary videographer, secretarial, clerical or other personnel of such officer, if furnished, shown or disclosed in accordance with paragraph 10 hereof; (f) trial and deposition witnesses, if furnished, shown or disclosed in accordance with paragraphs 9 and 10, respectively, hereof; (g) the authors, senders, and addressees of such Confidential Information; and (h) any other person agreed to by the parties.

5.1 Except with the prior written consent of the Producing Party or by Order of the Court, Highly Confidential – Attorney’s Eyes-Only Information shall not be furnished, shown, or disclosed to any person or entity except to those identified in paragraph 5(b)-5(e), 5(g) and 5(h).

For the avoidance of doubt, Highly Confidential – Attorney’s Eyes-Only Information shall not be shared with any personnel of a Receiving Party, including in-house counsel, unless the individual in question falls within one or more of the categories of persons identified in paragraph 5(b)-5(e), 5(g) and 5(h).

This Stipulation may be changed by further order of this Court, and is without prejudice to the rights of a party to move for relief from any of its provisions, or to seek or agree to different or additional protection for any particular material or information.

POLARIS, INC., a Minnesota Corporation; and JOHN DOES I-X, Defendants.

This matter came before the Court on the parties’ Joint Stipulation regarding Amended Deadline to Complete Independent Medical Examinations.

Based upon all the files, records, and proceedings herein, IT IS HEREBY ORDERED that:

Independent medical examinations, if applicable, shall be completed by August 26, 2024; 2.

Susan M. Robiner Judge of District Court

PLEASE TAKE NOTICE that the attached is a true and correct copy of the Decision & Order on Motion, dated April 12, 2024, that was duly entered in the office of the Clerk of the Supreme Court of New York, County of New York, on April 12, 2024 (NYSCEF Doc. No. 114).

Dated: New York, New York April 29, 2024

The following e-filed documents, listed by NYSCEF document number (Motion 007) 72, 73, 74, 75, 76, 77, 104, 108 were read on this motion to/for Upon the foregoing documents and for the reasons stated on the record, which shall be e-filed within 45 days, it is ORDERED that defendant's motion to dismiss the complaint is GRANTED IN PART to the extent that the second cause of action for breach of the implied covenant of good faith and fair dealing is dismissed, and the motion is otherwise DENIED.