United States of America et al v. Kaiser Foundation Health Plan, Inc.

Filing 48

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order #44 . ***** SEE ORDER FOR DETAILS. ***** (mp)

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David W. O’Brien (Admitted Pro Hac Vice)
Jason M. Crawford (Admitted Pro Hac Vice)
CROWELL & MORING LLP
1001 Pennsylvania Ave., N.W.
Washington, D.C. 20004
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Nimrod Haim Aviad (State Bar No. 259705)
Shannon Barnard (State Bar No. 286125)
CROWELL & MORING LLP
515 South Flower Street, 40th Floor
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]

PETER A. BINKOW (#173848)
KEVIN F. RUF (#136901)
KARA M. WOLKE (#241521)
JOSHUA L. CROWELL (#295411)
GLANCY PRONGAY & MURRAY
LLP
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone:[phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Relator Graham Mouw

Attorneys for Defendant
Kaiser Foundation Health Plan, Inc.

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
UNITED STATES OF AMERICA
ex rel. GRAHAM MOUW,
an individual,
Plaintiff,
v.

Case No. CV 14-08051-JAK(AGRx)
STIPULATED PROTECTIVE
ORDER
Magistrate Judge Hon. Alicia G.
Rosenberg

KAISER FOUNDATION HEALTH
PLAN, INC., a California
Corporation,
Defendant.

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323232.1 KAISER DCACTIVE-34885973.2

STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)

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I.

PURPOSES AND LIMITATIONS

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

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proprietary, or private information for which special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation may

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be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

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enter the following Stipulated Protective Order. The parties acknowledge that this

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

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discovery and that the protection it affords from public disclosure and use extends

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only to the limited information or items that are entitled to confidential treatment

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under the applicable legal principles. The parties further acknowledge, as set forth

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in Section 11.3, below, that this Stipulated Protective Order does not entitle them to

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

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

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party seeks permission from the court to file material under seal.

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II.

GOOD CAUSE STATEMENT

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This action is likely to involve protected health information, customer and

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pricing lists and other valuable research, development, commercial, financial,

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technical and/or proprietary information for which special protection from public

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

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warranted. Such confidential and proprietary materials and information consist of,

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among other things, information covered by the Health Insurance Portability and

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Accountability Act (“HIPAA”), confidential business or financial information,

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information regarding confidential business practices,

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research, development, or commercial information (including information

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implicating privacy rights of third parties), information otherwise generally

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unavailable to the public, or which may be privileged or otherwise protected from

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disclosure under state or federal statutes, court rules, case decisions, or common

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law. Accordingly, to expedite the flow of information, to facilitate the prompt
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323232.1 KAISER DCACTIVE-34885973.2

or other confidential

STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)

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resolution of disputes over confidentiality of discovery materials, to adequately

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protect information the parties are entitled to keep confidential, to ensure that the

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parties are permitted reasonable necessary uses of such material in preparation for

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and in the conduct of trial, to address their handling at the end of the litigation, and

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serve the ends of justice, a protective order for such information is justified in this

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matter. It is the intent of the parties that information will not be designated as

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confidential for tactical reasons and that nothing be so designated without a good

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faith belief that it has been maintained in a confidential, non-public manner, and

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there is good cause why it should not be part of the public record of this case.

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III.

PROTECTIVE ORDER

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1.

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1.1

DEFINITIONS
Action:

United States ex rel. Graham Mouw v. Kaiser Foundation

13 Health Plan, Case No. CV 14-08051, currently pending before the Honorable John
14 A. Kronstadt in the United States District Court, Central District of California.
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1.2

Challenging Party:

a Party or Non-Party that challenges

the

16 designation of information or items under this Order.
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1.3

“CONFIDENTIAL” Information or Items: information (regardless of

18 how it is generated, stored or maintained) or tangible things that qualify for
19 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the
20 Good Cause Statement.
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1.4

Counsel: Outside Counsel of Record and Kaiser Foundation Health

Plan, Inc.’s (“Kaiser”) In-House Counsel (as well as their support staff).
1.5

Designating Party: a Party or Non-Party that designates information or

24 items that it produces in disclosures

or in responses

to discovery as

25 “CONFIDENTIAL.”
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1.6

Disclosure or Discovery Material: all items or information, regardless

27 of the medium or manner in which it is generated, stored, or maintained (including,
28 among other things, testimony, transcripts, and tangible things), that are produced or
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STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)

1 generated in disclosures or responses to discovery in this matter.
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1.7

Expert: a person or firm with specialized knowledge or experience in

3 a matter pertinent to the litigation who has been retained by a Party or its counsel to
4 serve as an expert witness or as a consultant in this Action.
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1.8

In-House Counsel: attorneys who are employees of a party to this

6 Action. In-House Counsel does not include Outside Counsel of Record or any other
7 outside counsel.
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1.9

Non-Party:

any natural person, partnership, corporation, association,

9 or other legal entity not named as a Party to this action.
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1.10

Outside Counsel of Record: attorneys who are not employees of a

11 party to this Action but are retained to represent or advise a party to this Action and
12 have appeared in this Action on behalf of that party or are affiliated with a law firm
13 which has appeared on behalf of that party, and includes support staff.
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1.11

Party: any party to this Action, including all of its officers, directors,

15 employees, consultants, retained experts, and Outside Counsel of Record (and their
16 support staffs).
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1.12

Producing Party: a Party or Non-Party that produces Disclosure or

18 Discovery Material in this Action.
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1.13

Professional Vendors:

persons or entities that provide litigation

20 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
21 demonstrations, and organizing, storing, or retrieving data in any form or medium)
22 and their employees and subcontractors.
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1.14

Protected Material:

any Disclosure or Discovery Material that is

24 designated as “CONFIDENTIAL.”
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1.15

Receiving Party:

a Party that receives Disclosure or Discovery

26 Material from a Producing Party.
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2.

SCOPE

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The protections conferred by this Stipulation and Order cover not only
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STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)

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Protected Material (as defined above), but also (1) any information copied or

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extracted from Protected Material; (2) all copies, excerpts, summaries, or

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compilations of Protected Material; and (3) any testimony, conversations, or

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presentations by Parties or their Counsel that might reveal Protected Material.

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Any use of Protected Material at trial shall be governed by the orders of the
trial judge. This Order does not govern the use of Protected Material at trial.

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This Order shall be a Qualified Protective Order (QPO) pursuant to the

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Health Insurance Portability and Accountability Act of 1966 (“HIPAA”), the Health

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Information Technology for Economic and Clinical Health Act of 2009 (the

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“HITECH Act”), and regulations adopted thereunder by the U.S. Department of

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Health and Human Services, 45 C.F.R. Parts 160, 162, and 164 (the “HIPAA

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Rules”), in accordance with and as defined by the HIPAA Rules, specifically 45

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C.F.R. section 164.512(e)(1)(ii)(B) and (v), whereby the parties are:

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a. Prohibited from using or disclosing protected health information (PHI)

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(as defined by the HIPAA Rules) for any purpose other than

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conducting this litigation.

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b. Required to securely destroy all copies of the PHI or to return them to

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the Producing Party at the conclusion of this litigation.

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c. Permitted to file pleadings, discovery or other documents which

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include or reference PHI with the Court, subject to this Order.

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3.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in this Action,

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with or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of time
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STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)

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pursuant to applicable law.

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4.

DESIGNATING PROTECTED MATERIAL

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4.1

Exercise of Restraint and Care in Designating Material for Protection.

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Each Party or Non-Party that designates information or items for protection under

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this Order must take care to limit any such designation to specific material that

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qualifies under the appropriate standards. The Designating Party must designate for

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protection only those parts of material, documents, items, or oral or written

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

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

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unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified or that have been made for an improper

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purpose (e.g., to unnecessarily encumber the case development process or to

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impose unnecessary expenses and burdens on other parties) may expose the

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Designating Party to sanctions.

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

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

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

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4.2

Manner and Timing of Designations. Except as otherwise provided in

20 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
21 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
22 under this Order must be clearly so designated before the material is disclosed or
23 produced.
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Designation in conformity with this Order requires:
(a)

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

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documents, but excluding transcripts of depositions or other

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pretrial or trial proceedings), that the Producing Party affix at a

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minimum, the legend “CONFIDENTIAL” (hereinafter
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323232.1 KAISER DCACTIVE-34885973.2

STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)

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“CONFIDENTIAL legend”), to each page that contains

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protected material. If only a portion or portions of the material

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on a page qualifies for protection, the Producing Party also must

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clearly identify the protected portion(s) (e.g., by making

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appropriate markings in the margins).

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

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

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

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

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deemed “CONFIDENTIAL.”

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documents it wants copied and produced, the Producing Party must determine

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which documents, or portions thereof, qualify for protection under this Order.

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Then, before producing the specified documents, the Producing Party must affix the

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“CONFIDENTIAL legend” to each page that contains Protected Material. If only a

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portion or portions of the material on a page qualifies for protection, the Producing

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

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appropriate markings in the margins).

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(b)

After the inspecting Party has identified the

for testimony given in depositions that the Designating Party

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identify the Disclosure or Discovery Material on the record,

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before the close of the deposition all protected testimony.

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(c)

for information produced in some form other than documentary

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and for any other tangible items, that the Producing Party affix

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in a prominent place on the exterior of the container or

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containers in which the information is stored the legend

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“CONFIDENTIAL.” If only a portion or portions of the

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information warrants protection, the Producing Party, to the

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extent practicable, shall identify the protected portion(s).

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4.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent
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323232.1 KAISER DCACTIVE-34885973.2

STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)

1 failure to designate qualified information or items does not, standing alone, waive
2 the Designating Party’s right to secure protection under this Order for such material.
3 Upon timely correction of a designation, the Receiving Party must make reasonable
4 efforts to assure that the material is treated in accordance with the provisions of this
5 Order.
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5.

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5.1

CHALLENGING CONFIDENTIALITY DESIGNATIONS
Timing of Challenges.

Any Party or Non-Party may challenge a

8 designation of confidentiality at any time that is consistent with the Court’s
9 Scheduling Order.
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5.2

Meet and Confer. The Challenging Party shall initiate the dispute

11 resolution process under Local Rule 37.1 et seq.
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5.3

The burden of persuasion in any such challenge proceeding shall be on

13 the Designating Party.

Frivolous challenges, and those made for an improper

14 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
15 parties) may expose the Challenging Party to sanctions.

Unless the Designating

16 Party has waived or withdrawn the confidentiality designation, all parties shall
17 continue to afford the material in question the level of protection to which it is
18 entitled under the Producing Party’s designation until the Court rules on the
19 challenge.
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6.

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6.1

ACCESS TO AND USE OF PROTECTED MATERIAL
Basic Principles. A Receiving Party may use Protected Material that is

22 disclosed or produced by another Party or by a Non-Party in connection with this
23 Action only for prosecuting, defending, or attempting to settle this Action. Such
24 Protected Material may be disclosed only to the categories of persons and under the
25 conditions described in this Order.

When the Action has been terminated, a

26 Receiving Party must comply with the provisions of section 13 below (FINAL
27 DISPOSITION).
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Protected Material must be stored and maintained by a Receiving Party at a
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STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)

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

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authorized under this Order.

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6.2

Disclosure of “CONFIDENTIAL” Information or Items.

Unless

4 otherwise ordered by the court or permitted in writing by the Designating Party, a
5 Receiving

Party

may

disclose

any

information

or

item

designated

6 “CONFIDENTIAL” only to:
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(a)

the Receiving Party’s Outside Counsel of Record in this Action,

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as well as associated personnel necessary to assist Outside

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Counsel in the Action, such as litigation assistants, paralegals,

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and secretarial or other clerical or support personnel, to whom it

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is reasonably necessary to disclose the information for this

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Action;

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(b)

the officers, directors, and employees (including In-House

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Counsel) of the Receiving Party to whom disclosure is

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reasonably necessary for this Action;

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(c)

Experts (as defined in this Order), including principals and

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employees of the firm with which Experts are associated, of the

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Receiving Party to whom disclosure is reasonably necessary for

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this Action and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);

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(d)

the court and its personnel, or another court of competent

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jurisdiction in a proceeding by a party made in connection with

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this Action (e.g., a subpoena or similar discovery request made

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to obtain Discovery Material for use in this Action);

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(e)

court reporters and their staff;

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(f)

professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably

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necessary for this Action and who have signed the
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323232.1 KAISER DCACTIVE-34885973.2

STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)

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

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(g)

the author or recipient of a document containing the information

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or a custodian or other person who otherwise possessed or knew

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the information;

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(h)

during their depositions, witnesses, and attorneys for witnesses,

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in the Action to whom disclosure is reasonably necessary

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provided: (1) the deposing party requests that the witness sign

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the form attached as Exhibit 1 hereto; and (2) they will not be

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permitted to keep any confidential information unless they sign

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the “Acknowledgment and Agreement to Be Bound” (Exhibit

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A), unless otherwise agreed by the Designating Party or ordered

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by the court. Pages of transcribed deposition testimony or

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exhibits to depositions that reveal Protected Material may be

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separately bound by the court reporter and may not be disclosed

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to anyone except as permitted under this Stipulated Protective

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Order;

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(i)

any mediator or settlement officer, and their supporting

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personnel, mutually agreed upon by any of the parties engaged

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in settlement discussions; and

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(j)

litigation support services, including outside vendors or

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companies engaged in the business of supporting computerized

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or electronic litigation discovery or trial preparation, retained by

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a Party for the purpose of assisting that party in this Action.

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7.

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PRODUCED IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation

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PROTECTED MATERIAL SUBPOENAED OR ORDERED

that compels disclosure of any information or items designated in this Action as
“CONFIDENTIAL,” that Party must:

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STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)

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(a)

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promptly notify in writing the Designating Party. Such
notification shall include a copy of the subpoena or court order;

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(b)

promptly notify in writing the party who caused the subpoena or

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

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material covered by the subpoena or order is subject to this

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Protective Order. Such notification shall include a copy of this

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Stipulated Protective Order; and

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(c)

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cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Protected Material may

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be affected.

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

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

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action as “CONFIDENTIAL” before a determination by the court from which the

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subpoena or order issued, unless the Party has obtained the Designating Party’s

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permission. The Designating Party shall bear the burden and expense of seeking

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protection in that court of its confidential material and nothing in these provisions

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should be construed as authorizing or encouraging a Receiving Party in this Action

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to disobey a lawful directive from another court.

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8.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced
by a Non-Party in this Action and designated as

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“CONFIDENTIAL.” Such information produced by Non-

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Parties in connection with this litigation is protected by the

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remedies and relief provided by this Order. Nothing in these

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provisions should be construed as prohibiting a Non-Party from

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seeking additional protections.
(b)

In the event that a Party is required, by a valid discovery

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STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)

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request, to produce a Non-Party’s confidential information in its

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possession, and the Party is subject to an agreement with the

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Non-Party not to produce the Non-Party’s confidential

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information, then the Party shall:

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(1)

promptly notify in writing the Requesting Party and the

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Non-Party that some or all of the information requested is

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subject to a confidentiality agreement with a Non-Party;

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(2)

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promptly provide the Non-Party with a copy of the
Stipulated Protective Order in this Action, the relevant

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discovery request(s), and a reasonably specific description

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of the information requested; and

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(3)

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make the information requested available for inspection
by the Non-Party, if requested.

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(c)

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

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within 14 days of receiving the notice and accompanying

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information, the Receiving Party may produce the Non-Party’s

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confidential information responsive to the discovery request. If

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the Non-Party timely seeks a protective order, the Receiving

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Party shall not produce any information in its possession or

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control that is subject to the confidentiality agreement with the

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Non-Party before a determination by the court. Absent a court

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order to the contrary, the Non-Party shall bear the burden and

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expense of seeking protection in this court of its Protected

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Material.

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9.

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

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UNAUTHORIZED DISCLOSURE OF PROTECTED

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

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STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)

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

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

3

efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the

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person or persons to whom unauthorized disclosures were made of all the terms of

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this Order, and (d) request such person or persons to execute the “Acknowledgment

6

and Agreement to Be Bound” that is attached hereto as Exhibit A.

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10.

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OTHERWISE PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain

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INADVERTENT PRODUCTION OF PRIVILEGED OR

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 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 privilege review. Pursuant to Federal Rule of Evidence
502(d) and (e), insofar as the 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 parties may incorporate their agreement in the stipulated
protective order submitted to the court.
11.
11.1

MISCELLANEOUS
Right to Further Relief. Nothing in this Order abridges the right of any

person to seek its modification by the Court in the future.
11.2

Right to Assert Other Objections. 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 on any ground not addressed in this
Stipulated Protective Order. Similarly, no Party waives any right to object on any
ground to use in evidence of any of the material covered by this Protective Order.
11.3

Filing Protected Material. A Party that seeks to file under seal any

Protected Material must comply with Civil Local Rule 79-5.

Protected Material

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STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)

1 may only be filed under seal pursuant to a court order authorizing the sealing of the
2 specific Protected Material at issue. If a Party's request to file Protected Material
3 under seal is denied by the court, then the Receiving Party may file the information
4 in the public record unless otherwise instructed by the court.
5

12.

FINAL DISPOSITION

6

After the final disposition of this Action, as defined in paragraph 4, within 60

7

days of a written request by the Designating Party, each Receiving Party must

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return all Protected Material to the Producing Party or destroy such material. As

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used in this subdivision, “all Protected Material” includes all copies, abstracts,

10

compilations, summaries, and any other format reproducing or capturing any of the

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Protected Material. Whether the Protected Material is returned or destroyed, the

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Receiving Party must submit a written certification to the Producing Party (and, if

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not the same person or entity, to the Designating Party) by the 60 day deadline that

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(1) identifies (by category, where appropriate) all the Protected Material that was

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returned or destroyed and (2) affirms that the Receiving Party has not retained any

16

copies, abstracts, compilations, summaries or any other format reproducing or

17

capturing any of the Protected Material. Notwithstanding this provision, Counsel

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are entitled to retain an archival copy of all pleadings, motion papers, trial,

19

deposition, and hearing transcripts, legal memoranda, correspondence, deposition

20

and trial exhibits, expert reports, attorney work product, and consultant and expert

21

work product, even if such materials contain Protected Material. Any such archival

22

copies that contain or constitute Protected Material remain subject to this Protective

23

Order as set forth in Section 4 (DURATION).

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13.

SANCTIONS

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Any violation of this order may be punished by any and all appropriate

26

measures including, without limitation, contempt proceedings and/or monetary

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sanctions.

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STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated:

January 22, 2016

By: s/ Peter A. Binkow
Peter A. Binkow
Kevin F. Ruf
Joshua L. Crowell

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Attorneys for Relator
GRAHAM MOUW

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GLANCY PRONGAY & MURRAY LLP

Dated:

January 22, 2016

CROWELL & MORING LLP

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By: s/ David W. O’Brien
David W. O’Brien
Nimrod Haim Aviad
Shannon Barnard

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Attorneys for Defendant
KAISER FOUNDATION HEALTH PLAN,
INC.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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DATED: January 26, 2016
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Hon. Alicia G. Rosenberg

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United States Magistrate Judge

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323232.1 KAISER DCACTIVE-34885973.2

STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)

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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],

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of

[print or type full address], declare under penalty

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

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Order that was issued by the United States District Court for the Central District of

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California on [date] in the case of United States ex rel. Graham Mouw v. Kaiser

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Foundation Health Plan, Case No. CV 14-08051-JAK (AGRx). I agree to comply

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

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

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and punishment in the nature of contempt.

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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.

I solemnly promise that I will not

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

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for 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. I hereby appoint

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type full name] of

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

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connection with this action or any proceedings related to enforcement of this

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Stipulated Protective Order.

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Date:

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City and State where sworn and signed:

[print]

or

[print or type full

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Printed Name:

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Signature:
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323232.1 KAISER DCACTIVE-34885973.2

STIPULATED PROTECTIVE ORDER;
CASE NO. CV 14-08051-JAK (AGRX)