Ronald Kroenig v. Maxim Healthcare Services, Inc.

Filing 39

PROTECTIVE ORDER by Magistrate Judge Carla Woehrle. This Stipulated Protective Order governing the treatment of confidential information (the "Order") shall govern the handling of all documents, testimony and discovery responses, inclu ding all copies, excerpts and summaries thereof (collectively "Material"), provided during the course of the above-captioned case (the "Litigation") by the Parties to the Litigation or by non-parties, either voluntarily or as required by discovery requests made pursuant to the Federal Rules of Civil Procedure. 36 (SEE ORDER FOR FURTHER DETAILS) (gr)

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MORGAN, LEWIS & BOCKIUS LLP
REBECCA D. EISEN, State Bar No. 96129
[e-mail]
SHANNON B. NAKABAYASHI, State Bar No. 215469
[e-mail]
One Market, Spear Street Tower
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]

11/25/2014
G
R

MORGAN, LEWIS & BOCKIUS LLP
JOHN S. BATTENFELD, State Bar No. 119513
[e-mail]
REBECCA LICHT JENSEN, State Bar No. 267752
[e-mail]
300 South Grand Avenue
Twenty-Second Floor
Los Angeles, CA 90071-3132
Tel: [phone]
Fax: [phone]

NOTE: CHANGES MADE BY THE COURT

Attorneys for Defendant
MAXIM HEALTHCARE SERVICES, INC.
[Additional Counsel On Next Page]

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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RONALD KROENIG individually and Case No. 2:14-cv-3345 DMG (CWx)
on behalf of all others similarly situated,
Plaintiffs,

Assigned to the Honorable Dolly M. Gee

vs.

[PROPOSED] PROTECTIVE
ORDER

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MAXIM HEALTHCARE SERVICES,
INC., a Maryland corporation,

DISCOVERY MATTER

Defendant.

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

[PROPOSED] PROTECTIVE ORDER

[Additional Counsel]
RIDOUT LYON + OTTOSON, LLP
CHRISTOPHER P. RIDOUT (SBN: 143721)
E-mail: [e-mail]
CALEB MARKER (SBN: 269721)
E-mail: [e-mail]
HANNAH P. BELKNAP (SBN: 294155)
E-mail: [e-mail]
555 E. Ocean Boulevard, Suite 500
Long Beach, California 90802
[phone] Telephone
[phone] Facsimile
Attorneys for Plaintiff
RONALD KROENIG

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Maxim Healthcare Services, Inc. (“Defendant”) and Ronald Kroenig
(“Plaintiff”), hereby stipulate and move for a Protective Order as provided in Rule
26(c) of the Federal Rules of Civil Procedure and pursuant to the Health Insurance
Portability and Accountability Act (“HIPAA”) standards for disclosures for judicial
and administrative proceedings, 45 C.F.R. §164.512. The parties agree as follows:
1.

This Stipulated Protective Order governing the treatment of

confidential information (the “Order”) shall govern the handling of all documents,
testimony and discovery responses, including all copies, excerpts and summaries
thereof (collectively “Material”), provided during the course of the above-captioned
case (the “Litigation”) by the Parties to the Litigation or by non-parties, either
voluntarily or as required by discovery requests made pursuant to the Federal Rules
of Civil Procedure.
2.

Whether or not designated as “Confidential Material,” “Attorneys-

Eyes Only Confidential Material,” or “HIPAA Confidential Material” as defined in
Paragraphs 6 and 7, all documents and information obtained through this lawsuit
shall be used only for the purposes of investigating, preparing for and conducting
the Litigation in which such Material is produced, including any appeals thereof,
and shall not be used by the Parties or any other person for any commercial,
business, competitive or other purpose without the prior written consent of the
Producing Person or their counsel.
3.

This Stipulation and Order is supported for good cause. This Order is

necessary in order to protect certain “Confidential Material” of the parties as
defined in Paragraphs 6 and 7 below. In addition, as a “Covered Entity” under
HIPAA, as that term is defined in the Standards for Privacy of Individually
Identifiable Health Information (“Privacy Rule”) at 45 C.F.R. §106.103, and
pursuant to other applicable federal and state laws, Defendant Maxim is obligated
to protect its clients’ Personal Health Information (“PHI”), as defined under the

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[PROPOSED] PROTECTIVE ORDER

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Privacy Rule at 45 C.F.R. §106.103, in accordance with the Privacy Rule and the
Security Standards Regulations (“Security Rule”), see 45 C.F.R. Parts 160 and 164,
as well as other confidential information, from unauthorized disclosure and use.
Disclosure and use of PHI is authorized only under certain conditions specified in
the Privacy Rule and Security Rule. The Privacy Rule and Security Rule allow the
use and disclosure of PHI under these circumstances, provided the parties stipulate
to, and a court orders, a “Qualified Protective Order.” 45 C.F.R.
§§164.512(e)(1)(ii)(B) and 164.512(e)(1)(iv)(A). A “Qualified Protective Order” is
an order that prohibits the use or disclosure of PHI for any purpose other than the
litigation for which such information was requested, and requires the return of
documents (and all copies) containing PHI at the conclusion of the litigation. 45
C.F.R. 164.512(e)(1)(v). The parties agree, and the Court finds, that under the
circumstances set forth in this Order, the parties are permitted to request, disclose,
or use Maxim’s clients’ PHI in the above-referenced litigation to obtain relevant
information regarding Plaintiff’s claims or Maxim’s defenses. In agreeing to this
Order, however, neither party waives any objection to the request, disclosure, or use
of PHI or any other Confidential Material covered by this Order pursuant to the
Federal Rules of Civil Procedure.
4.

The provisions of this Order shall apply to any “person,” which, as

used herein, shall include (a) all Parties to the Litigation, and (b) any other person
or entity receiving, producing or disclosing Material in the Litigation.
5.

This Order shall not apply to any document, testimony or other

information that: (a) is in the public domain at the time of disclosure; (b) becomes
part of the public domain through no fault of the other party; or (c) the receiving
party can show by written document that the information was in its rightful and
lawful possession at the time of disclosure.

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[PROPOSED] PROTECTIVE ORDER

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6.

Any person who produces Material (a “Producing Person”) may at any

time designate as “Confidential,” “Attorneys-Eyes Only Confidential,” or “HIPAA
Confidential” (collectively, “Confidential Material”), as applicable, any non-public
Material that such person produces in the course of the Litigation that such
Producing Person believes in good faith to contain Confidential Material.
Confidential Material means Trade Secrets, confidential and proprietary business
and financial information, and confidential personal information, including: (1)
non-public information about any individual or individuals, including social
security numbers, dates of birth, addresses or other personal contact information,
HIPAA-protected Personal Health Information (“PHI”), personnel records,
evaluations, compensation levels, databases, surveys, statistical analysis, analyses
of personnel practices, or other information incorporating or aggregating
information pertaining to individuals not party to this litigation; (2) non-public
information about any client or customer of Defendant, including financial
information, business plans, and contractual agreements; (3) personally identifiable
information about employees, clients or customers of Defendant; and (4) non-public
information and documents regarding Defendant’s selling and marketing practices,
business plans, compensation practices, hiring and training practices, methods of
doing business, policies and procedures, programs and agreements, and private
information regarding Defendant’s current and former agents, employees and
customers, the disclosure of which may result in serious injury to Defendant’s
business. A “Trade Secret” means information, including a formula, pattern,
compilation, program, device, method, technique, or process that: (1) derives
independent economic value, actual or potential, from not being generally known to
the public or to other persons who can obtain economic value from its disclosure or
use; and (2) is the subject of efforts that are reasonable under the circumstances to
maintain its secrecy. In addition, any Party may designate as “Confidential” any

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[PROPOSED] PROTECTIVE ORDER

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Material that is produced by any other Party or any third party that such Party
believes in good faith contains Confidential Material as set forth above. Each Party
shall have thirty (30) days from the actual receipt of any Material produced by any
other Party or any third party to designate any such Material as “Confidential.”
During this thirty (30)-day period, any person receiving any such Material shall
treat that Material as “Confidential” under the terms of this Order. Any Material
designated as “Confidential” in accordance with this Order also will render
“Confidential” any copies, excerpts, summaries or other documents reflecting or
referring to the substance or contents of such Material.
7.

“Attorneys-Eyes Only Confidential” Material means any highly

confidential, sensitive material the disclosure of which to anyone other than
Plaintiff’s attorneys could result in irreparable harm.
8.

Confidential Material shall be subject to the following restrictions:
(a)

Confidential Material shall not be given, shown, made available

or communicated in any way to anyone except those Qualified Persons specified in
sub-paragraphs (b) and (c) below to whom it is necessary that such Confidential
Material be given or shown for the purposes permitted under Paragraph 2 above.
(b)

“Confidential” or “HIPAA Confidential” Material may be

disclosed, for the purposes set forth in Paragraph 2 above, only to a “Qualified
Person,” defined as follows:
(i)

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paralegal and other staff employed by such counsel who

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counsel of record for the Parties and attorneys, clerical,

are assisting in the conduct of the Litigation;
(ii)

the Parties and those officers and employees of the Parties
deemed necessary to aid counsel in the conduct of the
Litigation, subject to Paragraph 9 below;

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[PROPOSED] PROTECTIVE ORDER

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(iii)

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deposition, hearing or informal meeting conducted by

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counsel for a Party subject to Paragraph 8 below;

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(iv)

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necessary to provide assistance in connection with the

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conduct of the Litigation, subject to Paragraph 9 below;

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(v)

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(vi)

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(vii) mediators and their employees used in connection with

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any efforts to mediate the Litigation;
(c)

“Attorney-Eyes Only Confidential” Material may be disclosed,

for the purposes set forth in Paragraph 2 above, only to a “Qualified Person,”
defined as follows:

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(i)

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are assisting in the conduct of the Litigation;

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(ii)

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counsel of record for the Parties and attorneys, clerical,
paralegal and other staff employed by such counsel who

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court reporters and their employees used in connection
with the conduct of the Litigation;

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the Court, court personnel, and jurors, subject to
Paragraph 16 below;

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such consultants and experts retained by the Parties, or
their respective counsel, as they, in good faith, deem

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witnesses (other than Parties) during any interview,

the Court, court personnel, and jurors, subject to
Paragraph 16 below;

(d)

Confidential Material shall not be provided to counsel,

consultants or expert witnesses employed by the Parties in any other litigation or
administrative proceeding or used for any purposes other than investigating,
preparing for, and conducting the Litigation, including any appeals thereof. If any
such counsel, consultant or expert witness also is counsel, a consultant or an expert

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[PROPOSED] PROTECTIVE ORDER

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witness in the Litigation, such counsel, consultant or expert witness shall not use
any Confidential Material in any other litigation or administrative proceeding.
9.

Except for the Parties, those Qualified Persons described in

subparagraphs 8(b)(ii) through 8(b)(iv) above to whom Confidential Material is
disclosed shall first be provided with a copy of this Order and advised that such
Confidential Material is being disclosed pursuant to and subject to the terms of this
Order, and that Confidential Material may not be disclosed other than pursuant to
the terms hereof. Qualified Persons to whom Confidential Material is disclosed
shall further execute the attached “Acknowledgment and Agreement to Be Bound”
before such persons may be given access to Confidential Material. It shall be the
responsibility of counsel providing such access to Confidential Material to provide
each Qualified Person to whom Confidential Material is disclosed a copy of this
Order and the attached “Acknowledgment and Agreement to Be Bound,” and to
retain a signed copy in counsel’s files. Any Qualified Person to whom Confidential
Material is provided pursuant to this Paragraph shall destroy such Confidential
Material no later than sixty (60) days after the termination of the Litigation,
including any appeals thereof, and provide written confirmation of the same.
10.

If a Party inadvertently discloses Confidential Material to anyone who

is not a Qualified Person, such disclosure shall be reported in writing to the
Producing Person who produced such inadvertently disclosed Confidential Material
within five (5) business days of knowledge of such inadvertent production. In that
event, counsel for the Party who made the inadvertent disclosure shall make all
reasonable efforts to retrieve the Confidential Material and any documents
containing such Confidential Material and to obtain the agreement of persons to
whom inadvertent disclosure was made to treat the Confidential Material in
accordance with the terms of this Order.

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[PROPOSED] PROTECTIVE ORDER

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11.

All documents and things that are produced in the Litigation, whether

voluntarily or as required under the Federal Rules of Civil Procedure, if such
documents or things contain Confidential Material, shall bear a stamp stating
“Confidential,” “Attorneys-Eyes Only Confidential” or “HIPAA Confidential,” on
each page of any such document or on a sticker affixed to any such tangible thing,
unless such designation would be unduly burdensome, in which case the
designating party may designate the categories of documents that contain such
material (e.g., all email communications or all “flow sheets” for a Plaintiff). The
parties agree that any documents contained therein which may contain HIPAA
Confidential Material shall be redacted before filing with any Court pleading or
filed under seal, if submitted by the Court.
12.

Documents or testimony previously provided shall be retroactively

designated by notice in writing of the appropriate confidentiality designation within
sixty (60) days of the entry of this Order. Documents unintentionally produced
without the applicable confidentiality designation may be retroactively designated
in the same manner and shall be treated appropriately from the date written notice
of the designation is provided to the receiving party. Documents to be inspected
shall be treated as confidential during inspection. At the time of copying for the
receiving party, such inspected document shall be stamped with the appropriate
confidentiality designation by the producing party.
13.

(a)

Upon written notice by the Producing Person within fifteen

(15) business days of learning of the inadvertent or unintentional disclosure of
attorney-client or work product Material, which Material will be specified by
identifying the Bates number designations or such other information as to
reasonably describe the Material, the Producing Person shall notify the Receiving
Party that such Material was unintentionally disclosed. Such inadvertent or

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[PROPOSED] PROTECTIVE ORDER

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unintentional production, absent a further court order, shall not constitute a waiver
of the attorney-client privilege or work-product immunity.

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(b)

(5) business days the originals and all copies of the Material specified in the
aforesaid written notice, subject to Paragraph (c) below.

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Thereafter, the Receiving Party shall return within five

(c)

If, however, the Receiving Party disagrees that the Material is

protected from disclosure by the attorney-client privilege or work-product
immunity, or asserts that there has been an intentional waiver of privilege or
immunity which encompasses the Material, the Receiving Party may move the
Court, within fifteen (15) business days of the Producing Person’s written notice of
inadvertent or unintentional disclosure, for an order that such Material be produced,
in which case, the Party claiming the privilege or immunity shall have the burden of
proving that such privilege or immunity exists. The Receiving Party shall not use
or rely upon any such Material until after the resolution of any such motion by the
Court.
(d)

If the Receiving Party fails to file the aforesaid motion in a

timely fashion, then the Receiving Party, within five (5) business days after the
time to file said motion has expired, will return the originals and all copies of the
Materials that were not previously returned.
(e)

Notwithstanding the foregoing procedure, the parties agree that

with respect to voluminous electronically stored information (“ESI”) produced in
electronic form (e.g., all email communications of Plaintiff), the parties agree that
pursuant to Federal Rule of Evidence 502(d), attorney-client privilege and work
product protection shall not be waived pursuant to this Court-approved Order.
Clawback of any attorney-client or work product documents from voluminous ESI
productions shall take place in accordance with the time frames set forth in
Paragraphs 13(a) and (b) above.

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14.

any Confidential Material to a witness, as described in sub-paragraph
8(b)(iii) above, any testimony related to the Confidential Material shall be deemed
to be Confidential Material, and the pages and lines of the transcript that set forth
such testimony shall be stamped as set forth in Paragraph 11 of this Order.
15.

Producing Person, if such person either:
(a)

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identifies on the record at the deposition those portions of the

testimony or exhibits that are designated as Confidential Material, or

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Testimony or exhibits disclosed at a deposition may be designated as

Confidential Material by the person providing such testimony, by a Party or by a

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In the event it becomes necessary at a deposition or hearing to show

(b)

provides written notification to all Parties within thirty (30) days

after receipt of the transcript as to those pages and lines of the transcript or exhibits
that are designated as Confidential Material. The entire transcript of any deposition
shall be treated as Confidential Material until thirty (30) days after the transcript is
received. Each page of deposition transcript and exhibit designated as Confidential
Material, and any copies thereof, shall be stamped, as set forth in Paragraph 11
above, by the court reporter or counsel.
16.

No party may file an entire pleading under seal, but selected

documents containing unredacted Confidential Material may be filed under seal
with the prior permission of the Court. The Party seeking to file documents
containing unredacted Confidential Material with the Court must move the Court
for leave to file such documents under seal in accordance with the Local Rules and
the Court’s Case Management Procedures. Unless otherwise required by the
Court’s local Rules Case Management Procedures, at the time of filing or any
time thereafter, such material shall be placed in a sealed envelope, which shall be
marked with the title of the action and shall state the following: “THIS
ENVELOPE CONTAINS CONFIDENTIAL INFORMATION – SUBJECT TO

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PROTECTIVE ORDER.” The Party that files unredacted Confidential Information
under seal shall, within five (5) business days of the filing, file a public version of
the sealed document with the Confidential Material redacted.
17.

No Party concedes that any Material designated by any other person as

Confidential Material under any provision of this Order does, in fact, contain or
reflect trade secrets, proprietary or confidential information or has been properly
designated as Confidential Material, and entering into this Order shall not prejudice,
in any way, the right of a Party or an interested member of the public to seek at any
time a determination by the Court of whether any particular Material should be
subject to the terms of this Order. If the Court determines that any Material
designated as Confidential Material is not Confidential, any receiving person may
treat the Material without any restriction.
18.

A Party shall not be obligated to challenge the propriety of the

designation of Material as Confidential Material, Attorneys-Eyes Only Confidential
Material, or HIPAA Confidential Material at the time made, and failure to do so
shall not preclude a subsequent challenge thereof. In the event that any Party to this
action disagrees at any stage of these proceedings with the designation by the
designating party of any information as “Confidential Material”, the designation of
any person as a “Qualified Person,” “Attorneys-Eyes Only Confidential Material”,
or “HIPAA Confidential Material” the parties shall first try to resolve such dispute
in good faith on an informal basis, such as production of redacted copies. If the
dispute cannot be resolved, the objecting party may invoke this protective Order by
objecting in writing to the party who has designated the document or information as
Confidential Material, Attorneys-Eyes Only Confidential Material, or HIPAA
Confidential Material. The parties shall meet and confer regarding the written
objection in good faith. The objecting party shall be required to move the Court for
an Order challenging the designated status of such information within fifteen

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(15) business days of issuing the written objection, and failure to do so shall
constitute a waiver of the objection.
19.

The burden of persuasion in any such challenge proceeding described

in paragraph 18 shall be on the designating party, which must establish good cause
for protection under Rule 26(c). The parties may, by stipulation, provide for
exceptions to this protective Order and any party may seek an order from the Court
modifying this protective Order. Until the issue is resolved by the parties or the
Court, “Confidential Material”“Attorneys-Eyes Only Confidential” and “HIPAA
Confidential,” shall be treated as designated and shall not otherwise be disclosed.
20.

Should any non-party seek access to Confidential Material produced in

the Litigation, by request, subpoena or otherwise, the Party or other recipient of the
Confidential Material from whom such access is sought, as applicable, shall
promptly notify the Producing Person who produced such Confidential Material of
such requested access. If any Receiving Party (a) is subpoenaed in another action,
or (b) is served with a demand in another action to which he, she, or it is a party, or
(c) is served with any other legal process by one not a Party to this Litigation
seeking Confidential Material which was produced, the Receiving Party shall give
actual written notice, by hand, electronic mail, or facsimile transmission, within
five (5) business days of receipt of such subpoena, demand or legal process, to
those who produced or designated the Material. The Receiving Party shall not
produce any of the Producing Person’s Confidential Material, unless ordered by a
court or otherwise required by law to do so, until the later of (i) the date of
production specified in, or required by, the subpoena, demand or other legal process
or (ii) the date that any objection by the Producing Party to production of the
Confidential Material is resolved by the Court. The Producing Person shall be
solely responsible for asserting any objection to the requested production.

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21.

HIPAA Confidential Material shall be subject to the following

additional restrictions:
(a)

PHI as defined by the Privacy Rule, see 45 C.F.R. §160.103,

which includes individually identifying health information about any of Maxim’s
current or former clients that directly or indirectly identifies an individual,
including, but not limited to, the full name of the client, the residential address of
the client, any type of contact information of the client (including but not limited to
phone numbers, email addresses or mailing addresses), the names or contact
information of the client’s family members, the social security number of the client,
and all medical records or other medical information related to the client, shall be
HIPAA Confidential Material.
(b)

Any declaration filed by the parties in this action shall not

disclose any HIPAA Confidential Material. Any current or former Maxim client
shall be identified in such declarations filed in the Court by a fictitious name only.
Plaintiff’s counsel shall provide to Maxim’s counsel the real first name and last
initial of the client upon filing of the declaration.
(c)

No documents that contain HIPAA Confidential Material shall

be filed with the Court, unless the PHI and other identifying information (as set
forth Paragraph 20(a) above) is redacted or the documents are filed under seal.
(d)

Plaintiff, Plaintiff’s Counsel, and putative class members will

not contact any client of Maxim to whom Maxim is providing healthcare services
unless a separate Court Order is issued approving such communications. Maxim
reserves the right to object to any such communications.
(e)

With respect to any external employees of Maxim who are

providing healthcare services to Maxim’s clients, Plaintiff’s Counsel may contact
any current or former external employees disclosed by Maxim in its discovery
responses regarding the subject matter of this litigation. Plaintiff’ counsel agrees to

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read the Prefatory Statement attached to this Order prior to beginning any interview
which shall advise the external employee not to disclose any HIPAA-protected
information and not to disclose other Confidential Business Information of Maxim
unless such information relates to the external employee’s personal knowledge of
Home Health Aide’s job duties.

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(f)

Any HIPAA Confidential Material disclosed in this Litigation

shall be used solely for purpose of this Litigation, and unless the Court rules
otherwise, such information shall not be disclosed to any person other than the
Qualified Persons listed in Paragraph 8(b) of this Order. All such HIPAA material
shall be returned or destroyed at the conclusion of this litigation pursuant to
Paragraph 25.
22.

Nothing in this Order constitutes or may be interpreted as a waiver by

any party of the attorney-client privilege, attorney work product protection, or any
other privilege.
23.

Any dispute including any effort to contest the designation of

Confidential Material, shall be resolved by motion before the Court upon not less
than fifteen (15) business days’ written notice, or such other notice period as the
Court may Order to the Parties and the person who produced the Confidential
Material at issue.
24.

Prior to the use of any Confidential Material at any hearing to be held

in open court, counsel who desires to so use such Confidential Material shall take
reasonable steps to preserve the confidentiality of the material and to submit a
motion to file under seal at or immediately following the hearing for the portion of
the record and/or any exhibits that contain Confidential Material.
25.

This Order shall continue to be binding throughout and after the

conclusion of the Litigation, including any appeals.

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26.

Within sixty (60) days after the conclusion of the Litigation, including

all appeals, all Confidential Material, and all copies thereof, shall be destroyed.
Counsel for the applicable Parties shall certify, in writing, that all such Confidential
Material within their possession or control has been destroyed. Notwithstanding
the foregoing, counsel for the Parties may retain pleadings, other papers filed with
the Court or served in the course of the Litigation, interrogatories and responses,
requests for production and the responses thereto, deposition transcripts and work
product, subject to the limitations concerning their use stated herein. This
Paragraph shall not apply to Confidential Material filed with and in the possession
of the Court. which strictly and fully enforces Local Rule 26.2(g) concerning the
disposition of restricted documents.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED:
Dated: November 25, 2014
By
Hon. Carla M. Woehrle
U.S. Magistrate Judge

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[PROPOSED] PROTECTIVE ORDER

EXHIBIT A

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _____________________________ [print or type full name], of

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_________________ [print or type full address], declare under penalty of perjury

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that I have read in its entirety and understand the Stipulated Protective Order that

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was issued by the United States District Court for the Central District of California

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on _________________ [date] in the case of Ronald Kroenig et al. v. Maxim

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Healthcare Services, Inc., Case No. 2:14-cv-3345 DMG (CWx). I agree to

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comply with and to be bound by all the terms of this Stipulated Protective Order

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

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sanctions and punishment in the nature of contempt. I solemnly promise that I will

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not disclose in any manner any information or item that is subject to this Stipulated

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Protective Order to any person or entity except in strict compliance with the

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provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District Court for

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the Central District of California for the purpose of enforcing the terms of this

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action.

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[PROPOSED] PROTECTIVE ORDER

EXHIBIT A, PAGE 14

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I hereby appoint __________________________ [print or type full name] of
_______________________________________ [print or type full address and
telephone number] as my California agent for service of process in connection with
this action or any proceedings related to enforcement of this Stipulated Protective
Order.

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Date: ______________________________________

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City and State where sworn and signed: _________________________________

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Printed name: _______________________________
Signature: __________________________________

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[PROPOSED] PROTECTIVE ORDER

EXHIBIT A, PAGE 15