Stanley T. Shen v. Recreational Equipment, Inc. et al

Filing 24

PROTECTIVE ORDER [CHANGES MADE BY COURT TO PARAGRAPHS 3, 8, & 9c] by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 23 (dml) Modified on 3/28/2017 (dml).

1
2
3
4
5
6

Jordon R. Harlan, State Bar No. 273978
Harlan Law, PC
363 5th Avenue, Suite 301
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff
STANLEY T. SHEN

7
8
9
10
11
12
13
14
15
16
17
18

Tracy Thompson (CA State Bar No. 88173)
Victoria L. Tallman (CA State Bar No. 273252)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Tel: [phone]
Fax: [phone]
Email:
[e-mail]
[e-mail]
Beatrice Nuñez-Bellamy (CA State Bar No. 310776)
Davis Wright Tremaine LLP
865 S Figueroa Street, Suite 2400
Los Angeles, CA 90017
Email:
[e-mail]
Attorneys for Defendants
RECREATIONAL EQUIPMENT, INC.
and SARA KEHRET

19
20
21
22
23
24
25
26
27
28

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION (LOS ANGELES COUNTY)
STANLEY T. SHEN,
Plaintiff,
v.
RECREATIONAL CORPORATION INC.,
a Washington corporation; SARAH
KEHRET, an individual; and DOES 1-25,
inclusive,
Defendants.

Case No. 2:16-cv-07308-TJH (JCx)
STIPULATED PROTECTIVE
ORDER
[CHANGES MADE BY COURT TO
PARAGRAPHS 3, 8, & 9c]
Complaint Filed: September 28, 2016

STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-07308-TJH (JCx)
4840-3390-7269v.2 0039027-000565

1

1.

INTRODUCTION

2

1.1

3

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

Purposes And Limitations

4

proprietary, or private information for which special protection from public

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

in Section 12.3, below, that this Stipulated Protective Order does not entitle them to

13

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

14

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

15

seeks permission from the court to file material under seal.

16

1.2

17

Good cause exists to enter a protective order in this case. The Parties expect

Good Cause Statement

18

to exchange several categories of information that should be kept confidential,

19

including personally identifying information, medical records, and internal corporate

20

documents, policies, and information which include proprietary and other

21

confidential information that may be classified as trade secrets. In particular,

22

discoverable information is likely to include:

23

a.

Medical and treatment records of Plaintiff, which should be kept

24

confidential, if designated, between the Parties to protect Plaintiff’s

25

privacy;

26

b.

Personally identifying information of Plaintiff, of the individual

27

Defendant, and of employees of Defendant Recreational Equipment,

28

Inc., and of third-parties, which should be kept confidential, if
-1STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-07308-TJH (JCx)
4840-3390-7269v.2 0039027-000565

1

designated, between the Parties to protect individual privacy and

2

security;

3

c.

Corporate documents, including corporate policies, guidance, records,

4

and communications, which should be kept confidential, if designated,

5

because they potentially contain trade secrets or other types of

6

confidential communications;

7

d.

8
9
10

Deposition testimony by witnesses about confidential matters, which
should be kept confidential if designated.

2.

DEFINITIONS
2.1

Action:

11

The case originally captioned Shen v. Recreational Equipment, Inc., et al., C.D. Cal.

12

No. 2:16-cv-7308 (this case).

13

2.2

14

A Party or Non-Party that challenges the designation of information or items

Challenging Party:

15

under this Order.

16

2.3

17

Information (regardless of how it is generated, stored or maintained) or

“CONFIDENTIAL” Information or Items:

18

tangible things that qualify for protection under Federal Rule of Civil Procedure

19

26(c), and as specified above in the Good Cause Statement.

20

2.4

21

Outside Counsel of Record and House Counsel (as well as their support staff).

22

2.5

23

A Party or Non-Party that designates information or items that it produces in

24

Counsel:

Designating Party:

disclosures or in responses to discovery as “CONFIDENTIAL.”

25

2.6

26

All items or information, regardless of the medium or manner in which it is

27

Disclosure or Discovery Material:

generated, stored, or maintained (including, among other things, testimony,

28
-2STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-07308-TJH (JCx)
4840-3390-7269v.2 0039027-000565

1

transcripts, and tangible things), that are produced or generated in disclosures or

2

responses to discovery in this matter.

3

2.7

4

A person with specialized knowledge or experience in a matter pertinent to

5

the litigation who has been retained by a Party or its counsel to serve as an expert

6

witness or as a consultant in this Action.

Expert:

7

2.8

8

Attorneys who are employees of a party to this Action. House Counsel does

9

House Counsel:

not include Outside Counsel of Record or any other outside counsel.

10

2.9

11

Any natural person, partnership, corporation, association, or other legal entity

12

Non-Party:

not named as a Party to this action.

13

2.10 Outside Counsel of Record:

14

Attorneys who are not employees of a party to this Action but are retained to

15

represent or advise a party to this Action and have appeared in this Action on behalf

16

of that party or are affiliated with a law firm which has appeared on behalf of that

17

party, and includes support staff.

18

2.11 Party:

19

Any party to this Action, including all of its officers, directors, employees,

20

consultants, retained experts, and Outside Counsel of Record (and their support

21

staffs).

22

2.12 Producing Party:

23

A Party or Non-Party that produces Disclosure or Discovery Material in this

24

Action.

25

2.13 Professional Vendors:

26

Persons or entities that provide litigation support services (e.g., photocopying,

27

videotaping, translating, preparing exhibits or demonstrations, and organizing,

28
-3STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-07308-TJH (JCx)
4840-3390-7269v.2 0039027-000565

1

storing, or retrieving data in any form or medium) and their employees and

2

subcontractors.

3

2.14 Protected Material:

4

Any Disclosure or Discovery Material that is designated as

5

“CONFIDENTIAL.”

6

2.15 Receiving Party:

7

A Party that receives Disclosure or Discovery Material from a Producing

8

Party.

9

3.

SCOPE

10

The protections conferred by this Stipulation and Order cover not only

11

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

12

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

13

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

14

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

15

than during a court hearing or at trial.

16

Any use of Protected Material during a court hearing or at trial shall be

17

governed by the orders of the presiding judge. This Order does not govern the use

18

of Protected Material during a court hearing or at trial.

19

4.

20

DURATION
Even after final disposition of this litigation, the confidentiality obligations

21

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

22

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

23

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

24

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

25

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

26

including the time limits for filing any motions or applications for extension of time

27

pursuant to applicable law.

28
-4STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-07308-TJH (JCx)
4840-3390-7269v.2 0039027-000565

1
2

5.

DESIGNATING PROTECTED MATERIAL
5.1

3
4

Exercise of Restraint and Care in Designating Material for
Protection.

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

5

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

6

that qualifies under the appropriate standards. The Designating Party must

7

designate for protection only those parts of material, documents, items, or oral or

8

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

9

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

10
11

swept unjustifiably within the ambit of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations

12

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

13

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

14

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

15

Party to sanctions.

16

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

17

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

18

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

19

5.2

20

Except as otherwise provided in this Order (see, e.g., second paragraph of

Manner and Timing of Designations.

21

section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery

22

Material that qualifies for protection under this Order must be clearly so designated

23

before the material is disclosed or produced.

24

Designation in conformity with this Order requires:

25

(a)

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

26

documents, but excluding transcripts of depositions or other pretrial or trial

27

proceedings), that the Producing Party affix at a minimum, the legend

28

“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
-5STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-07308-TJH (JCx)
4840-3390-7269v.2 0039027-000565

1

contains protected material. If only a portion or portions of the material on a page

2

qualifies for protection, the Producing Party also must clearly identify the protected

3

portion(s) (e.g., by making appropriate markings in the margins).

4

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

5

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

6

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

7

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

8

deemed “CONFIDENTIAL.” After the inspecting Party has identified the

9

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

10

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

11

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

12

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

13

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

14

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

15

markings in the margins).

16

(b)

for testimony given in depositions that the Designating Party identify

17

the Disclosure or Discovery Material on the record, before the close of the

18

deposition all protected testimony.

19

(c)

for information produced in some form other than documentary and for

20

any other tangible items, that the Producing Party affix in a prominent place on the

21

exterior of the container or containers in which the information is stored the legend

22

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

23

protection, the Producing Party, to the extent practicable, shall identify the protected

24

portion(s).

25

5.3

26

If timely corrected, an inadvertent failure to designate qualified information

Inadvertent Failures to Designate.

27

or items does not, standing alone, waive the Designating Party’s right to secure

28

protection under this Order for such material. Upon timely correction of a
-6STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-07308-TJH (JCx)
4840-3390-7269v.2 0039027-000565

1

designation, the Receiving Party must make reasonable efforts to assure that the

2

material is treated in accordance with the provisions of this Order.

3

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

4

6.1

5

Any Party or Non-Party may challenge a designation of confidentiality at any

6

Timing of Challenges.

time that is consistent with the Court’s Scheduling Order.

7

6.2

8

The Challenging Party shall initiate the dispute resolution process (and, if

9

Meet and Confer.

necessary, file a discovery motion) under Local Rule 37.1, et seq.

10

6.3

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

11

the Designating Party. Frivolous challenges, and those made for an improper

12

purpose (e.g., to harass or impose unnecessary expenses and burdens on other

13

parties) may expose the Challenging Party to sanctions. Unless the Designating

14

Party has waived or withdrawn the confidentiality designation, all parties shall

15

continue to afford the material in question the level of protection to which it is

16

entitled under the Producing Party’s designation until the Court rules on the

17

challenge.

18

7.

ACCESS TO AND USE OF PROTECTED MATERIAL

19

7.1

20

A Receiving Party may use Protected Material that is disclosed or produced

Basic Principles.

21

by another Party or by a Non-Party in connection with this Action only for

22

prosecuting, defending, or attempting to settle this Action. Such Protected Material

23

may be disclosed only to the categories of persons and under the conditions

24

described in this Order. When the Action has been terminated, a Receiving Party

25

must comply with the provisions of section 13 below (FINAL DISPOSITION).

26

Protected Material must be stored and maintained by a Receiving Party at a

27

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

28

authorized under this Order.
-7STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-07308-TJH (JCx)
4840-3390-7269v.2 0039027-000565

1

7.2

2

Unless otherwise ordered by the court or permitted in writing by the

3

Designating Party, a Receiving Party may disclose any information or item

4

designated “CONFIDENTIAL” only to:

5

Disclosure of “CONFIDENTIAL” Information or Items.

(a)

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

6

as well as employees of said Outside Counsel of Record to whom it is reasonably

7

necessary to disclose the information for this Action;

8
9
10

(b)

the officers, directors, and employees (including House Counsel)

of the Receiving Party to whom disclosure is reasonably necessary for this Action;
(c)

Experts (as defined in this Order) of the Receiving Party to

11

whom disclosure is reasonably necessary for this Action and who have signed the

12

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

13

(d)

the Court and its personnel;

14

(e)

court reporters and their staff;

15

(f)

professional jury or trial consultants, mock jurors, and

16

Professional Vendors to whom disclosure is reasonably necessary for this Action and

17

who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

18
19
20

(g)

the author or recipient of a document containing the information

or a custodian or other person who otherwise possessed or knew the information;
(h)

during their depositions, witnesses, and attorneys for witnesses,

21

in the Action to whom disclosure is reasonably necessary provided: (1) the deposing

22

party requests that the witness sign the form attached as Exhibit A hereto; and (2)

23

they will not be permitted to keep any confidential information unless they sign the

24

“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

25

agreed by the Designating Party or ordered by the court. Pages of transcribed

26

deposition testimony or exhibits to depositions that reveal Protected Material may

27

be separately bound by the court reporter and may not be disclosed to anyone except

28

as permitted under this Stipulated Protective Order; and
-8STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-07308-TJH (JCx)
4840-3390-7269v.2 0039027-000565

1

(i)

any mediator or settlement officer, and their supporting

2

personnel, mutually agreed upon by any of the parties engaged in settlement

3

discussions.

4

8.

5

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION

6

If a Party is served with a subpoena or a court order issued in other litigation

7

that compels disclosure of any information or items designated in this Action as

8

“CONFIDENTIAL,” that Party must:

9
10
11

(a)

promptly notify in writing the Designating Party. Such

notification shall include a copy of the subpoena or court order;
(b)

promptly notify in writing the party who caused the subpoena or

12

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

13

subpoena or order is subject to this Protective Order. Such notification shall include

14

a copy of this Stipulated Protective Order; and

15
16
17

(c)

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with

18

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

19

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

20

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

21

permission, or unless otherwise required by the law or court order. The Designating

22

Party shall bear the burden and expense of seeking protection in that court of its

23

confidential material and nothing in these provisions should be construed as

24

authorizing or encouraging a Receiving Party in this Action to disobey a lawful

25

directive from another court.

26
27
28
-9STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-07308-TJH (JCx)
4840-3390-7269v.2 0039027-000565

1

9.

2

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION

3

(a)

The terms of this Order are applicable to information produced by a

4

Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

5

produced by Non-Parties in connection with this litigation is protected by the

6

remedies and relief provided by this Order. Nothing in these provisions should be

7

construed as prohibiting a Non-Party from seeking additional protections.

8
9

(b)

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

produce a Non-Party’s confidential information in its possession, and the Party is

10

subject to an agreement with the Non-Party not to produce the Non-Party’s

11

confidential information, then the Party shall:

12

(1)

promptly notify in writing the Requesting Party and the Non-

13

Party that some or all of the information requested is subject to a confidentiality

14

agreement with a Non-Party;

15

(2)

promptly provide the Non-Party with a copy of the Stipulated

16

Protective Order in this Action, the relevant discovery request(s), and a reasonably

17

specific description of the information requested; and

18
19
20

(3)

make the information requested available for inspection by the

Non-Party, if requested.
(c)

If a Non-Party represented by counsel fails to commence the process

21

called for by Local Rules 45-1 and 37-1, et seq. within 14 days of receiving the

22

notice and accompanying information or fails contemporaneously to notify the

23

Receiving Party that it has done so, the Receiving Party may produce the Non-

24

Party’s confidential information response to the discovery request. If an

25

unrepresented Non-Party fails to seek a protective order from this court within 14

26

days of receiving the notice and accompanying information, the Receiving Party

27

may produce the Non-Party’s confidential information responsive to the discovery

28

request. If the Non-Party timely seeks a protective order, the Receiving Party shall
-10STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-07308-TJH (JCx)
4840-3390-7269v.2 0039027-000565

1

not produce any information in its possession or control that is subject to the

2

confidentiality agreement with the Non-Party before a determination by the court

3

unless otherwise required by the law or court order. Absent a court order to the

4

contrary, the Non-Party shall bear the burden and expense of seeking protection in

5

this court of its Protected Material.

6

10.

7

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

8

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

9

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

10

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

11

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

12

persons to whom unauthorized disclosures were made of all the terms of this Order,

13

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

14

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

15

11.

16

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL

17

When a Producing Party gives notice to Receiving Parties that certain

18

inadvertently produced material is subject to a claim of privilege or other protection,

19

the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

20

Procedure 26(b)(5)(B). This provision is not intended to modify whatever

21

procedure may be established in an e-discovery order that provides for production

22

without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

23

(e), insofar as the parties reach an agreement on the effect of disclosure of a

24

communication or information covered by the attorney-client privilege or work

25

product protection, the parties may incorporate their agreement in the stipulated

26

protective order submitted to the court.

27
28
-11STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-07308-TJH (JCx)
4840-3390-7269v.2 0039027-000565

1

12.

MISCELLANEOUS

2

12.1 Right to Further Relief.

3

Nothing in this Order abridges the right of any person to seek its modification

4

by the Court in the future.

5

12.2 Right to Assert Other Objections.

6

By stipulating to the entry of this Protective Order no Party waives any right

7

it otherwise would have to object to disclosing or producing any information or item

8

on any ground not addressed in this Stipulated Protective Order. Similarly, no Party

9

waives any right to object on any ground to use in evidence of any of the material

10

covered by this Protective Order.

11

12.3 Filing Protected Material.

12

A Party that seeks to file under seal any Protected Material must comply with

13

Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a

14

court order authorizing the sealing of the specific Protected Material at issue. If a

15

Party’s request to file Protected Material under seal is denied by the court, then the

16

Receiving Party may file the information in the public record unless otherwise

17

instructed by the court.

18

13.

19

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

20

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

21

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

22

this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

23

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

24

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

25

Party must submit a written certification to the Producing Party (and, if not the same

26

person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

27

(by category, where appropriate) all the Protected Material that was returned or

28

destroyed and (2) affirms that the Receiving Party has not retained any copies,
-12STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-07308-TJH (JCx)
4840-3390-7269v.2 0039027-000565

1

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

2

of the Protected Material. Notwithstanding this provision, Counsel are entitled to

3

retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

4

transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

5

reports, attorney work product, and consultant and expert work product, even if such

6

materials contain Protected Material. Any such archival copies that contain or

7

constitute Protected Material remain subject to this Protective Order as set forth in

8

Section 4 (DURATION).

9

14.

Any willful violation of this Order may be punished by civil or criminal

10

contempt proceedings, financial or evidentiary sanctions, reference to disciplinary

11

authorities, or other appropriate action at the discretion of the Court.

12

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

13
14

DATED __3/23/17____

____________/s/____________________
Attorneys for Plaintiff
STANLEY T. SHEN

DATED __3/23/17___

____________/s/____________________
Attorneys for Defendants
RECREATIONAL EQUIPMENT, INC.
and SARA KEHRET

15
16
17
18
19
20
21
22

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED AS MODIFIED.

23
24

DATED:__3/27/17_____

25

___________/s/______________________
Hon. Jacqueline Chooljian
United States Magistrate Judge

26
27
28
-13STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-07308-TJH (JCx)
4840-3390-7269v.2 0039027-000565

1
2
3

EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _____________________________ [print or type full name], of

4

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

5

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

6

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

7

on March 27, 2017 in the case of Shen v. Recreational Equipment, Inc., et al., C.D.

8

Cal. No. 2:16-cv-7308-TJH (JCx). I agree to comply with and to be bound by all

9

the terms of this Stipulated Protective Order and I understand and acknowledge that

10

failure to so comply could expose me to sanctions and punishment in the nature of

11

contempt. I solemnly promise that I will not disclose in any manner any

12

information or item that is subject to this Stipulated Protective Order to any person

13

or entity except in strict compliance with the provisions of this Order.

14

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

15

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

16

Protective Order, even if such enforcement proceedings occur after termination of

17

this action. I hereby appoint __________________________ [print or type full

18

name] of _______________________________________ [print or type full address

19

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

20

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

21

Protective Order.

22

Date: _______________

23
24

City and State where sworn and signed: _________________________________

25
26

Printed Name: _______________________________

27
28

Signature: __________________________________
-14STIPULATED PROTECTIVE ORDER
Case No. 2:16-cv-07308-TJH (JCx)
4840-3390-7269v.2 0039027-000565