Deckers Outdoor Corporation v. The Wet Seal, LLC et al
Filing
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PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon re Stipulation for Protective Order 23 . (ib)
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Brent H. Blakely (SBN 157292)
bblakely@blakelylawgroup.com
Cindy Chan (SBN 247495)
cchan@blakelylawgroup.com
Jessica C. Covington (SBN 301816)
jcovington@blakelylawgroup.com
BLAKELY LAW GROUP
1334 Parkview Avenue, Suite 280
Manhattan Beach, California 90266
Telephone: (310) 546-7400
Facsimile: (310) 546-7401
Attorneys for Plaintiff
Deckers Outdoor Corporation
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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) CASE NO. 2:16-cv-03877-SVW (AFMx)
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) [PROPOSED] PROTECTIVE ORDER
Plaintiff,
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v.
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THE WET SEAL, LLC, a Delaware
Limited Liability Company; and DOES 1- )
Hon. Alexander F. MacKinnon
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10, inclusive,
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Defendants.
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DECKERS OUTDOOR
CORPORATION, a Delaware
Corporation,
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1.
A.
PURPOSES AND LIMITATIONS
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 disclosure
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and from use for any purpose other than prosecuting this litigation may be warranted.
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Accordingly, the parties hereby stipulate to and petition the Court to enter the
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following Stipulated Protective Order. The parties acknowledge that this Order does
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not confer blanket protections on all disclosures or responses to discovery and that the
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[PROPOSED] PROTECTIVE ORDER
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protection it affords from public disclosure and use extends only to the limited
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information or items that are entitled to confidential treatment under the applicable
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legal principles.
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B.
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This action is likely to involve trade secrets, customer and pricing lists and other
GOOD CAUSE STATEMENT
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valuable commercial, financial, and/or proprietary information for which special
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protection from public disclosure and from use for any purpose other than prosecution
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of this action is warranted. Such confidential and proprietary materials and
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information consists of, among other things, confidential business or financial
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information, information regarding confidential business practices or other confidential
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research, development, or commercial information, 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 law.
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Accordingly, to expedite the flow of information, to facilitate the prompt resolution of
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disputes over confidentiality of discovery materials, to adequately protect information
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the parties are entitled to keep confidential, to ensure that the parties are permitted
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reasonable necessary uses of such material in preparation for an in the conduct of trial,
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to address their handling at the end of the litigation, and to serve the ends of justice, a
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protective order for such information is justified in this matter. It is the intent of the
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parties that information will not be designated as confidential for tactical reasons and
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that nothing be so designated without a good faith belief that it has been maintained in
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a confidential, non-public manner, and there is good cause why it should not be part of
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the public record of this case.
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C.
ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
SEAL
The parties further acknowledge, as set forth in Section 12.3, below, that this
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Stipulated Protective Order does not entitle them to file confidential information under
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seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
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[PROPOSED] PROTECTIVE ORDER
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standards that will be applied when a party seeks permission from the court to file
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material under seal.
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There is a strong presumption that the public has a right of access to judicial
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proceedings and records in civil cases. In connection with non-dispositive motions,
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good cause must be shown to support a filing under seal. See Kamakana v. City and
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County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
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Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,
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187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
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cause showing), and a specific showing of good cause or compelling reasons with
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proper evidentiary support and legal justification, must be made with respect to
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Protected Material that a party seeks to file under seal. The parties’ mere designation
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of Disclosure or Discovery Material as CONFIDENTIAL does not—without the
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submission of competent evidence by declaration, establishing that the material sought
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to be filed under seal qualifies as confidential, privileged, or otherwise protectable—
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constitute good cause.
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Further, if a party requests sealing related to a dispositive motion or trial, then
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compelling reasons, not only good cause, for the sealing must be shown, and the relief
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sought shall be narrowly tailored to serve the specific interest to be protected. See
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Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item
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or type of information, document, or thing sought to be filed or introduced under seal
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in connection with a dispositive motion or trial, the party seeking protection must
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articulate compelling reasons, supported by specific facts and legal justification, for the
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requested sealing order. Again, competent evidence supporting the application to file
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documents under seal must be provided by declaration.
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Any document that is not confidential, privileged, or otherwise protectable in its
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entirety will not be filed under seal if the confidential portions can be redacted. If
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documents can be redacted, then a redacted version for public viewing, omitting only
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the confidential, privileged, or otherwise protectable portions of the document, shall be
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[PROPOSED] PROTECTIVE ORDER
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filed. Any application that seeks to file documents under seal in their entirety should
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include an explanation of why redaction is not feasible.
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2.
DEFINITIONS
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2.1
Action: this pending federal law suit.
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2.2
Challenging Party: a Party or Non-Party that challenges the designation
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of information or items under this Order.
2.3
“CONFIDENTIAL” Information or Items: information (regardless of
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how it is generated, stored or maintained) or tangible things that qualify for protection
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under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
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Statement.
2.4
“HIGHLY CONFIDENTIAL” or “ATTORNEYS EYES ONLY”
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Information or Items: Information that contains or discloses information that it in good
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faith believes to be extremely commercially sensitive or would provide a competitive
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advantage to competitors or compromise or jeopardize the Designating Party’s
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business interests if disclosed.
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2.5
Counsel: Outside Counsel of Record and House Counsel (as well as
support staff)
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Designating Party: a Party or Non-Party that designates information or
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items that it produces in disclosures or in responses to discovery as
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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” or “ATTORNEYS EYES
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ONLY.”
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2.7
Disclosure of Discovery Material: all items or information, regardless of
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the medium or manner in which it is generated, stored, or maintained (including,
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among other things, testimony, transcripts, and tangible things), that are produced or
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generated in disclosures or responses to discovery in this matter.
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2.8
Expert: a person with specialized knowledge or experience in a matter
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pertinent to the litigation who has been retained by a Party or its counsel to serve as an
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expert witness or consultant in this Action.
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[PROPOSED] PROTECTIVE ORDER
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2.9
House Counsel: attorneys who are employees of a party to this Action.
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House Counsel does not include Outside Counsel of Record or any other outside
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counsel.
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2.10 Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.
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2.11 Outside Counsel of Record: attorneys who are not employees of a party
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to this Action but are retained to represent or advise a party to this Action and have
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appeared in this Action on behalf of that party or are affiliated with a law firm which
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has appeared on behalf of that party, and includes support staff.
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2.12 Party: any party to this Action, including all of its officers, directors,
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employees, consultants, retained experts, and Outside Counsel of Record (and their
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support staffs).
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2.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
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2.14 Professional Vendors: persons or entities that provide litigation support
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services (e.g., photocopying, videotaping, translating, preparing exhibits or
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demonstrations, and organizing, storing, or retrieving data in any form or medium) and
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their employees and subcontractors.
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2.15 Protected Material: any Disclosure or Discovery Material that is
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designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” and/or
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“ATTORNEYS EYES ONLY.”
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2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
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from a Producing Party.
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3.
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SCOPE
The protections conferred by this Stipulation and Order cover not only Protected
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Material (as defined above), but also (1) any information copied or extracted from
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Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
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[PROPOSED] PROTECTIVE ORDER
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Material; and (3) any testimony, conversations, or presentations by Parties or their
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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
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judge. This Order does not govern the use of Protected Material at trial.
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4.
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DURATION
Once a case proceeds to trial, information that was designated as
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CONFIDENTIAL or maintained pursuant to this protective order used or introduced
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as an exhibit at trial becomes public and will be presumptively available to all
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members of the public, including the press, unless compelling reasons supported by
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specific factual findings to proceed otherwise are made to the trial judge in advance of
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the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing
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for sealing documents produced in discovery from “compelling reasons” standard
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when merits-related documents are part of court record). Accordingly, the terms of this
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protective order do not extend beyond the commencement of the trial.
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5.
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DESIGNATING PROTECTED MATERIAL
5.1
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 this
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Order must take care to limit any such designation to specific material that qualifies
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under the appropriate standards. The Designating Party must designate for protection
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only those parts of material, documents, items, or oral or written communications that
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qualify so that other portions of the material, documents, items, or communications for
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which protection is not warranted are not swept unjustifiably within the ambit of this
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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 impose
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unnecessary expenses and burdens on other parties) may expose the Designating Party
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to sanctions.
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[PROPOSED] PROTECTIVE ORDER
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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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5.2
Manner and Timing of Designations. Except as otherwise provided in this
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Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated
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or ordered, Disclosure or Discovery Material that qualifies for protection under this
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Order must be clearly so designated before the material is disclosed or 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 pretrial or trial
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proceedings), that the Producing Party affix at a minimum, the legend
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“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
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contains protected material. If only a portion or portions of the material on a page
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qualifies for protection, the Producing Party also must clearly identify the protected
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portion(s) (e.g., by making 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 before
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the designation, all of the material made available for inspection shall be deemed
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“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
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copied and produced, the Producing Party must determine which documents, or
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portions thereof, qualify for protection under this Order. Then, before producing the
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specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to
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each page that contains 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 clearly identify the
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protected portion(s) (e.g., by making appropriate markings in the margins).
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(b)
for testimony given in depositions that the Designating Party
identify the Disclosure or Discovery Material on the record, before the close of the
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[PROPOSED] PROTECTIVE ORDER
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deposition all protected testimony. Failure of counsel to designate testimony or
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exhibits at a deposition, however, shall not waive the protected status of the testimony
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or exhibits. Counsel may designate specific testimony or exhibits as Protected
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Material within fifteen(15) calendar days after receiving the transcript of the deposition
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or fifteen (15) calendar days after the date on which this Protective Order becomes
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effective, whichever occurs later. If counsel for the deponent or Party fails to
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designate the transcript or exhibits as Protected Material within the above-described
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fifteen-day period, any Party shall be entitled to treat the transcript or exhibits as non-
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Confidential Material. For purposes of this Paragraph, this Protective Order shall be
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deemed effective on the date this stipulation is filed with the court.
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(c)
for information produced in some form other than documentary and
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for any other tangible items, that the Producing Party affix in a prominent place on the
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exterior of the container or containers in which information is stored the legend
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“CONFIDENTIAL legend.” If only a portion or portions of the information warrants
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protection, the Producing Party, to the extent practicable, shall identify the protected
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portion(s).
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5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
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failure to designate qualified information or items does not, standing alone, waive the
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Designating Party’s right to secure protection under this Order for such material.
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Upon timely correction of a designation, the Receiving Party must make reasonable
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efforts to assure that the material is treated in accordance with the provisions of this
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Order.
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6.
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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Any Party or Non-Party may challenge a
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designation of confidentiality at any time that is consistent with the Court’s Scheduling
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Order.
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6.2
Meet and Confer. The Challenging Party shall initiate the dispute
resolution process under Local Rule 37.1 et seq.
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[PROPOSED] PROTECTIVE ORDER
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6.3
Joint Stipulation. Any challenge submitted to the Court shall be via a
joint stipulation pursuant to Local Rule 37-2.
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6.3
The burden of persuasion in any such challenge proceeding shall be on the
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Designating Party. Frivolous challenges, and those made for an improper purpose
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(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
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expose the Challenging Party to sanctions. Unless the Designating Party has waived or
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withdrawn the confidentiality designation, all parties shall continue to afford the
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material in question the level of protection to which it is entitled under the Producing
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Party’s designation until the Court rules on the challenge.
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7.
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is
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disclosed or produced by another Party or by a Non-Party in connection with this
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Action only for prosecuting, defending, or attempting to settle this Action. Such
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Protected Material may be disclosed only to the categories of persons and under the
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conditions described in this Order. When the Action has been terminated, a Receiving
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Party must comply with the provision of Section 13 below (FINAL DISPOSITION).
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Protected Material must be stored and maintained by a Receiving Party at a
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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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7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless
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otherwise ordered by the court or permitted in writing by the Designating Party, a
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Receiving Party may disclose any information or item designated “CONFIDENTIAL”
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only to:
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(a)
the Receiving Party’s Outside Counsel of Record in this Action, as
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well as employees of said Outside Counsel of Record to whom it is reasonably
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necessary to disclose the information for this Action;
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(b)
the officers, directors, and employees (including House Counsel) of
the Receiving Party to whom disclosure is reasonably necessary for this Action;
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[PROPOSED] PROTECTIVE ORDER
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(c)
Experts (as defined in this Order) of the Receiving Party to whom
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disclosure is reasonably necessary for this Action and who have signed the
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“Acknowledgement and Agreement to Be Bound” (Exhibit A);
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(d)
the court and its personnel;
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(e)
court reporters and their staff
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(f)
professional jury or trial consultants, mock jurors, and Professional
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Vendors to whom disclosure is reasonably necessary for this Action and who have
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signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A);
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(g)
the author or recipient of a document containing the information or
a custodian or other person who otherwise possessed or knew the information;
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(h)
during their depositions, witnesses, and attorneys for witnesses, in
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the Action to whom disclosure is reasonably necessary provided: (1) the deposing
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party requests that the witness sign the form attached as Exhibit A hereto; and (2) they
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will not be permitted to keep any confidential information unless they sign the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
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by the Designating Party or ordered by the court. Pages of transcribed deposition
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testimony or exhibits to depositions that reveal Protected Material may be separately
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bound by the court reporter and may not be disclosed to anyone except as permitted
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under this Stipulated Protective Order; and
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(i)
any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
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7.3
Disclosure of “HIGHLY CONFIDENTIAL” or “ATTORNEYS EYES
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ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
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writing by the Designating Party, a Receiving Party may disclose any information or
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item designated “HIGHLY CONFIDENTIAL” or “ATTORNEYS EYES ONLY” only
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to:
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(a)
the Receiving Party’s Outside Counsel of Record in this Action, as
well as employees of said Outside Counsel of Record to whom it is reasonably
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[PROPOSED] PROTECTIVE ORDER
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necessary to disclose the information for this Action;
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(b)
Experts (as defined in this Order) of the Receiving Party to whom
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disclosure is reasonably necessary for this Action and who have signed the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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(c)
the court and its personnel;
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(d)
court reporters and their staff;
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(e)
professional jury or trial consultants, mock jurors, and Professional
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Vendors to whom disclosure is reasonably necessary for this Action and who have
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signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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(f)
the author or recipient of a document containing the information or
a custodian or other person who otherwise possessed or knew the information;
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(g)
during their depositions, witnesses ,and attorneys for witnesses, in
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the Action to whom disclosure is reasonably necessary provided: (1) the deposing
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party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they
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will not be permitted to keep any confidential information unless they sign the (i)
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“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
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by the Designating Party or ordered by the court. Pages of transcribed deposition
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testimony or exhibits to depositions that reveal Protected Material may be separately
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bound by the court reporter and may not be disclosed to anyone except as permitted
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under this Stipulated Protective Order; and
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any mediator or settlement officer, and their supporting personnel, mutually agreed
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upon by any of the parties engaged in settlement discussions.
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8.
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IN OTHER LITIGATION
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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
If a Party is served with a subpoena or a court order issued in other litigation that
compels disclosure of any Protected Material that party must:
(a)
promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;
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[PROPOSED] PROTECTIVE 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 material covered by the
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subpoena or order is subject to this Protective Order. Such notification shall include a
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copy of this Stipulated Protected Order; and
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(c)
cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Protected Material may 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 Protected Material before a
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determination by the court from which the subpoena or order issued, unless the Party
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has obtained the Designating Party’s permission. The Designating Party shall bear the
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burden and expense of seeking protection in the court of its confidential material and
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nothing in these provisions should be construed as authorizing or encouraging a
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Receiving Party in this Action to disobey lawful directive from another court.
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9.
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PRODUCED IN THIS LITIGATION
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A
NON-PARTY’S
(a)
PROTECTED
MATERIAL
SOUGHT
TO
BE
The terms of this Order are applicable to information produced by a
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Non-Party in this Action and designated as Protected Material. Such information
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produced by Non-Parties in connection with this litigation is protected by the remedies
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and relief provided by this Order. Nothing in these provisions should be construed as
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prohibiting a Non-Party from seeking additional protections.
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(b)
In the event that a Party is required, by a valid discovery request, to
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produce a Non-Party’s confidential information in its possession, and the Party is
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subject to an agreement with the Non-Party not to produce the Non-Party’s
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confidential information, then the Party shall:
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(1)
promptly notify in writing the Requesting Party and the Non-
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Party that some or all of the information requested is subject to a confidentiality
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agreement with a Non-Party;
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(2)
promptly provide the Non-Party with a copy of the Stipulated
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[PROPOSED] PROTECTIVE ORDER
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Protective Order in this Action, the relevant discovery request(s), and a reasonably
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specific description of the information requested; and
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(3)
make the information requested available for inspection by
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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 information, the Receiving
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Party may produce the Non-Party’s confidential information responsive to the
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discovery request. If the Non-Party timely seeks a protective order, the Receiving
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Party shall not produce any information in its possession or control that is subject to
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the confidentiality agreement with the Non-Party before a determination by the court.
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Absent a court order to the contrary, the Non-Party shall bear the burden and expense
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of seeking protection in this court of its Protected Material.
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10.
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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
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Protected Material to any person or in any circumstance not authorized under this
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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 efforts
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to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
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persons to whom unauthorized disclosures were made of all the terms of this Order,
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and (d) request such person or persons to execute the “Acknowledgment and
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Agreement to Be Bound” that is attached hereto as Exhibit A.
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11.
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PROTECTED MATERIAL
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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
When a Producing Party gives notice to Receiving Parties that certain
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inadvertently produced material is subject to a claim of privilege or other protection,
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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
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Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
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may be established in an e-discovery order that provides for production without prior
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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
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parties reach an agreement on the effect of disclosure of a communication or
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information covered by the attorney-client privilege or work product protection, the
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parties may incorporate their agreement in the stipulated protective order submitted
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to the court.
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12.
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MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the Court in the future.
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12.2 Right to Assert Other Objections. By stipulating to the entry of this
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Protective Order no Party waives any right it otherwise would have to object to
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disclosing or producing any information or item on any ground not addressed in this
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Stipulated Protective Order. Similarly, no Party waives any right to object on any
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ground to use in evidence of any of the material covered by this Protective Order.
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12.3 Filing Protected Material. A Party that seeks to file under seal any
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Protected Material must comply with Civil Local Rule 79-5. Protected Material may
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only be filed under seal pursuant to a court order authorizing the sealing of the specific
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Protected Material at issue. If a Party's request to file Protected Material under seal is
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denied by the court, then the Receiving Party may file the information in the public
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record unless otherwise instructed by the court.
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13.
FINAL DISPOSITION
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After the final disposition of this Action, as defined in Paragraph 4, within 60
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days of a written request by the Designating Party, each Receiving Party must return
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all Protected Material to the Producing Party or destroy such material. As used in this
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subdivision, “all Protected Material” includes all copies, abstracts, compilations,
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summaries, and any other format reproducing or capturing any of the Protected
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Material. Whether the Protected Material is returned or destroyed, the Receiving Party
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must submit a written certification to the Producing Party (and, if not the same person
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or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
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[PROPOSED] PROTECTIVE ORDER
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category, where appropriate) all the Protected Material that was returned or destroyed
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and (2) affirms that the Receiving Party has not retained any copies, abstracts,
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compilations, summaries or any other format reproducing or capturing any of the
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Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
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archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
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legal memoranda, correspondence, deposition and trial exhibits, expert reports,
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attorney work product, and consultant and expert work product, even if such materials
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contain Protected Material. Any such archival copies that contain or constitute
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Protected Material remain subject to this Protective Order as set forth in Section 4
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(DURATION).
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14.
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VIOLATION
Any violation of this Order may be punished by appropriate measures including,
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without limitation, contempt proceedings and/or monetary sanctions.
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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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DATED:
11/8/2016
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_______________________________
ALEXANDER F. MacKINNON
United States Magistrate Judge
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[PROPOSED] PROTECTIVE ORDER
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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 _______________ [print or
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type full address], declare under penalty of perjury that I have read in its entirety and
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understand the Stipulated Protective Order that was issued by the United States District
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Court for the Central District of California in the case of Deckers Outdoor Corporation
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v The Wet Seal, LLC, No. 2:16-cv-03877-SVW (AFMx). I agree to comply with and
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to be bound by all the terms of this Stipulated Protective Order and I understand and
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acknowledge that failure to so comply could expose me to sanctions and punishment in
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the nature of contempt. I solemnly promise that I will not disclose in any manner any
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information or item that is subject to this Protective Order to any person or entity
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except in strict compliance with the 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. I hereby appoint ______________________ [print or type
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full name] of _______________________________ [print or type full address and
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telephone number] as my California agent for service of process in connection with
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this action or any proceedings related to enforcement of this Stipulated Protective
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Order.
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Date:
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City and State where sworn and signed:
________________________
________________________
Printed Name
________________________
Signature
_______________________
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[PROPOSED] PROTECTIVE ORDER
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