Luxottica Group S.p.A. v. ARCO AM PM 42008 et al

Filing 34

STIPULATED PROTECTIVE ORDER by Magistrate Judge Patrick J. Walsh. SEE ORDER. (im)

1
2
3
4
5
6

Brent H. Blakely (SBN 157292)
[e-mail]
Cindy Chan ( SBN 247495)
[e-mail]
BLAKELY LAW GROUP
1334 Parkview Avenue, Suite 280
Manhattan Beach, California 90266
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Luxottica Group, S.p.A.

7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12

LUXOTTICA GROUP S.p.A., an Italian
Corporation,

13
14
15

v.

Plaintiff,

NSP ENTERPRISES, INC., a California
Corporation dba ARCO AM PM; and
DOES 1-10, inclusive,

16

Defendant,

17

) CASE NO. 17-cv-00597-JFW (PJWx)
)
) STIPULATED PROTECTIVE
) ORDER
)
)
)
)
)
)
)
)
)

18

1.

19

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

A. PURPOSES AND LIMITATIONS

20

proprietary, or private information for which special protection from public disclosure

21

and from use for any purpose other than prosecuting this litigation may be warranted.

22

Accordingly, the parties hereby stipulate to and petition the Court to enter the

23

following Stipulated Protective Order. The parties acknowledge that this Order does

24

not confer blanket protections on all disclosures or responses to discovery and that the

25

protection it affords from public disclosure and use extends only to the limited

26

information or items that are entitled to confidential treatment under the applicable

27

legal principles. The parties further acknowledge, as set forth in Section 12.3, below,

28

that this Stipulated Protective Order does not entitle them to file confidential
1
STIPULATED PROTECTIVE ORDER

1

information under seal; Civil Local Rule 79-5 sets forth the procedures that must be

2

followed and the standards that will be applied when a party seeks permission from the

3

court to file material under seal.

4

2.

GOOD CAUSE STATEMENT

5

This action is likely to involve trade secrets, customer and pricing lists and other

6

valuable research, development, commercial, financial, technical and/or proprietary

7

information for which special protection from public disclosure and from use for any

8

purpose other than prosecution of this action is warranted. Such confidential and

9

proprietary materials and information consist of, among other things, confidential

10

business or financial information, information regarding confidential business

11

practices, or other confidential research, development, or commercial information

12

(including information implicating privacy rights of third parties), information

13

otherwise generally unavailable to the public, or which may be privileged or otherwise

14

protected from disclosure under state or federal statutes, court rules, case decisions, or

15

common law. Accordingly, to expedite the flow of information, to facilitate the prompt

16

resolution of disputes over confidentiality of discovery materials, to adequately protect

17

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

18

permitted reasonable necessary uses of such material in preparation for and in the

19

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

20

of justice, a protective order for such information is justified in this matter. It is the

21

intent of the parties that information will not be designated as confidential for tactical

22

reasons and that nothing be so designated without a good faith belief that it has been

23

maintained in a confidential, non-public manner, and there is good cause why it should

24

not be part of the public record of this case.

25

2.

DEFINITIONS

26

2.1

Action: the above-captioned federal law suit.

27

2.2

Challenging Party: a Party or Non-Party that challenges the

28

designation of information or items under this Order.
2
STIPULATED PROTECTIVE ORDER

1

2.3

“CONFIDENTIAL” Information or Items: information (regardless of how

2

it is generated, stored or maintained) or tangible things that qualify for protection

3

under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause

4

Statement.

5

2.4

“HIGHLY CONFIDENTIAL” or “ATTORNEYS EYES ONLY”

6

Information or Items: Information or tangible things that contain or disclose

7

information that the Designating Party, in good faith, believes to be extremely

8

commercially sensitive or would provide a competitive advantage to competitors or

9

compromise or jeopardize the Designating Party’s business interests if disclosed.

10
11
12

2.5

Counsel: Outside Counsel of Record and House Counsel (as well as their

support staff).
2.6

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

13

items that it produces in disclosures or in responses to discovery as

14

“CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL” or “ATTORNEYS EYES

15

ONLY”.

16

2.7

Disclosure or Discovery Material: all items or information, regardless of

17

the medium or manner in which it is generated, stored, or maintained (including,

18

among other things, testimony, transcripts, and tangible things), that are produced or

19

generated in disclosures or responses to discovery in this matter.

20

2.8

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

21

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

22

expert witness or as a consultant in this Action.

23

2.9

House Counsel: attorneys who are employees of a party to this Action.

24

House Counsel does not include Outside Counsel of Record or any other outside

25

counsel.

26
27
28

2.10

Non-Party: any natural person, partnership, corporation, association, or

other legal entity not named as a Party to this action.
2.11 Outside Counsel of Record: attorneys who are not employees of a party to
3
STIPULATED PROTECTIVE ORDER

1

this Action but are retained to represent or advise a party to this Action and have

2

appeared in this Action on behalf of that party or are affiliated with a law firm which

3

has appeared on behalf of that party, and includes support staff.

4

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

5

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

6

support staffs).

7
8

2.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

9

2.14 Professional Vendors: persons or entities that provide litigation support

10

services (e.g., photocopying, videotaping, translating, preparing exhibits or

11

demonstrations, and organizing, storing, or retrieving data in any form or medium) and

12

their employees and subcontractors.

13

2.15 Protected Material: any Disclosure or Discovery Material that is

14

designated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL” or

15

“ATTORNEYS EYES ONLY”.

16

2.16 Receiving Party: a Party that receives Disclosure or Discovery Material

17

from a Producing Party.

18

3.

19

SCOPE
The protections conferred by this Stipulation and Order cover not only Protected

20

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

21

Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

22

Material; and (3) any testimony, conversations, or presentations by Parties or their

23

Counsel that might reveal Protected Material.

24

Any use of Protected Material at trial shall be governed by the orders of the trial

25

judge. This Order does not govern the use of Protected Material at trial.

26

4.

DURATION

27

Even after final disposition of this litigation, the confidentiality obligations

28

imposed by this Order shall remain in effect until a Designating Party agrees otherwise
4
STIPULATED PROTECTIVE ORDER

1

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

2

the later of (1) dismissal of all claims and defenses in this Action, with or without

3

prejudice; and (2) final judgment herein after the completion and exhaustion of all

4

appeals, rehearings, remands, trials, or reviews of this Action, including the time limits

5

for filing any motions or applications for extension of time pursuant to applicable law.

6

5.

DESIGNATING PROTECTED MATERIAL

7

5.1

8

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

9

Exercise of Restraint and Care in Designating Material for Protection.

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

10

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

11

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

12

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

13

or communications for which protection is not warranted are not swept unjustifiably

14

within the ambit of this Order.

15

Mass, indiscriminate, or routinized designations are prohibited. Designations

16

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

17

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

18

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

19

to sanctions.

20

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

21

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

22

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

23

5.2

Manner and Timing of Designations. Except as otherwise provided in this

24

Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated

25

or ordered, Disclosure or Discovery Material that qualifies for protection under this

26

Order must be clearly so designated before the material is disclosed or produced.

27
28

Designation in conformity with this Order requires:
(a)

for information in documentary form (e.g., paper or electronic
5
STIPULATED PROTECTIVE ORDER

1

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

2

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

3

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” or “ATTORNEYS EYES

4

ONLY”. (hereinafter “Designation Legend”), to each page that contains protected

5

material. If only a portion or portions of the material on a page qualifies for protection,

6

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

7

appropriate markings in the margins).

8

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

9

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

10

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

11

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

12

“ATTORNEYS EYES ONLY”. After the inspecting Party has identified the

13

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

14

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

15

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

16

Designation Legend to each page that contains Protected Material. If only a portion or

17

portions of the material on a page qualifies for protection, the Producing Party also

18

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

19

the margins).

20

(b)

for testimony given in depositions that the Designating Party

21

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

22

deposition all protected testimony; Failure of counsel to designate testimony or

23

exhibits at a deposition, however, shall not waive the protected status of the testimony

24

or exhibits. Counsel may designate specific testimony or exhibits as Protected

25

Material within thirty (30) calendar days after receiving the transcript of the

26

deposition. If counsel for the deponent or Party fails to designate the transcript or

27

exhibits as Protected Material within the above-described thirty-day period, any Party

28

shall be entitled to treat the transcript or exhibits as containing no Protected Material.
6
STIPULATED PROTECTIVE ORDER

1

(c)

for information produced in some form other than documentary and

2

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

3

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

4

appropriate Designation Legend. If only a portion or portions of the information

5

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

6

protected portion(s).

7

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

8

failure to designate qualified information or items does not, standing alone, waive the

9

Designating Party’s right to secure protection under this Order for such material. Upon

10

timely correction of a designation, the Receiving Party must make reasonable efforts to

11

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

12

6.

13

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a

14

designation of confidentiality at any time that is consistent with the Court’s Scheduling

15

Order.

16
17

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.

18

6.3

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

19

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

20

(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

21

expose the Challenging Party to sanctions. Unless the Designating Party has waived or

22

withdrawn the confidentiality designation, all parties shall continue to afford the

23

material in question the level of protection to which it is entitled under the Producing

24

Party’s designation until the Court rules on the challenge.

25

7.

26

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is

27

disclosed or produced by another Party or by a Non-Party in connection with this

28

Action only for prosecuting, defending, or attempting to settle this Action. Such
7
STIPULATED PROTECTIVE ORDER

1

Protected Material may be disclosed only to the categories of persons and under the

2

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

3

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

4

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

5

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

6

authorized under this Order.

7

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

8

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

9

Party may disclose any information or item designated “CONFIDENTIAL” only to:

10

(a)

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

11

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

12

necessary to disclose the information for this Action;

13
14
15

(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 whom

16

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

17

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

18

(d)

the court and its personnel;

19

(e)

court reporters and their staff;

20

(f)

professional jury or trial consultants, mock jurors, and Professional

21

Vendors to whom disclosure is reasonably necessary for this Action and who have

22

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

23
24
25

(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, in

26

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

27

party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they

28

will not be permitted to keep any confidential information, unless otherwise agreed by
8
STIPULATED PROTECTIVE ORDER

1

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

2

testimony or exhibits to depositions that reveal Protected Material may be separately

3

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

4

under this Stipulated Protective Order; and

5
6

(i)

any mediator or settlement officer, and their supporting personnel,

mutually agreed upon by any of the parties engaged in settlement discussions.

7

7.3

Disclosure of “HIGHLY CONFIDENTIAL” or “ATTORNEYS EYES

8

ONLY” Information or Items. Unless otherwise ordered by the court or permitted in

9

writing by the Designating Party, a Receiving Party may disclose any information or

10

item designated “HIGHLY CONFIDENTIAL” or “ATTORNEYS EYES ONLY” only

11

to:

12

(a)

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

13

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

14

necessary to disclose the information for this Action;

15

(b)

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

16

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

17

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

18

(c)

the court and its personnel;

19

(d)

court reporters and their staff;

20

(e)

professional jury or trial consultants, mock jurors, and Professional

21

Vendors to whom disclosure is reasonably necessary for this Action and who have

22

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

23
24
25

(f)

the author or recipient of a document containing the information or

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

during their depositions, witnesses ,and attorneys for witnesses, in

26

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

27

party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they

28

will not be permitted to keep any confidential information unless they sign the (i)
9
STIPULATED PROTECTIVE ORDER

1

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

2

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

3

testimony or exhibits to depositions that reveal Protected Material may be separately

4

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

5

under this Stipulated Protective Order; and

6

(h)

any mediator or settlement officer, and their supporting personnel,

7

mutually agreed upon by any of the parties engaged in settlement discussions.

8

8.

9
10

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation that

11

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

12

“CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL”, or “ATTORNEYS EYES

13

ONLY” that Party must:

14
15
16

(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

17

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

18

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

19

copy of this Stipulated Protective Order; and

20
21
22

(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

23

the subpoena or court order shall not produce any Protected Material before a

24

determination by the court from which the subpoena or order issued, unless the Party

25

has obtained the Designating Party’s permission. The Designating Party shall bear the

26

burden and expense of seeking protection in that court of its confidential material and

27

nothing in these provisions should be construed as authorizing or encouraging a

28

Receiving Party in this Action to disobey a lawful directive from another court.
10
STIPULATED PROTECTIVE ORDER

1

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

2

PRODUCED IN THIS LITIGATION

3

(a)

The terms of this Order are applicable to Protected Material produced by a

4

Non-Party in this Action.Such information produced by Non-Parties in connection

5

with this litigation is protected by the remedies and relief provided by this Order.

6

Nothing in these provisions should be construed as prohibiting a Non-Party from

7

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-Party

13

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

14

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

(3)

make the information requested available for inspection by the

Non-Party, if requested.

20

(c)

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

21

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

22

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

23

If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

24

any information in its possession or control that is subject to the confidentiality

25

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

26

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

27

protection in this court of its Protected Material.

28

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
11
STIPULATED PROTECTIVE ORDER

1

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

2

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

3

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

4

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

5

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

6

whom unauthorized disclosures were made of all the terms of this Order, and (d)

7

request such person or persons to execute the “Acknowledgment and Agreement to Be

8

Bound” that is attached hereto as Exhibit A.

9

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

10

PROTECTED MATERIAL

11

When a Producing Party gives notice to Receiving Parties that certain

12

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

13

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

14

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

15

may be established in an e-discovery order that provides for production without prior

16

privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

17

parties reach an agreement on the effect of disclosure of a communication or

18

information covered by the attorney-client privilege or work product protection, the

19

parties may incorporate their agreement in the stipulated protective order submitted to

20

the court.

21

12.

22
23
24

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.
12.2 Right to Assert Other Objections. By stipulating to the entry of this

25

Protective Order no Party waives any right it otherwise would have to object to

26

disclosing or producing any information or item on any ground not addressed in this

27

Stipulated Protective Order. Similarly, no Party waives any right to object on any

28

ground to use in evidence of any of the material covered by this Protective Order.
12
STIPULATED PROTECTIVE ORDER

1

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

2

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

3

only be filed under seal pursuant to a court order authorizing the sealing of the specific

4

Protected Material at issue. If a Party's request to file Protected Material under seal is

5

denied by the court, then the Receiving Party may file the information in the public

6

record unless otherwise instructed by the court.

7

13.

FINAL DISPOSITION

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

and (2)affirms that the Receiving Party has not retained any copies, abstracts,

18

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

19

Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

20

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

21

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

22

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

23

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

24

Protected Material remain subject to this Protective Order as set forth in Section 4

25

(DURATION).

26

14.

27

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

28

sanctions.

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

13
STIPULATED PROTECTIVE ORDER

1
2

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED:

August 28, 2017

3

BLAKELY LAW GROUP
By:

4
5
6

DATED:

August 28, 2017

7

9
10
11
12
13

TINGLEY LAW GROUP, PC
By:

8

/s/ Cindy Chan________________
Cindy Chan
Attorneys for Plaintiff
Luxottica Group S.p.A.

/s/ Clark Waldon_______________
Kevin W. Isaacson
Clark Waldon
Attorneys for Defendant
NSP Enterprises, Inc.

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

DATED: August 29, 2017

___________________________
Hon. Patrick J. Walsh
United States Magistrate Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
14

STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

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

4

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

5

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

6

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

7

on _______[DATE] in the case of Luxottica Group S.p.A. v. NSP Enterprises, Inc.;

8

Case No. 17-cv-00597-JFW (PJW). I agree to comply with and to be bound by all the

9

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

10

to so comply could expose me to sanctions and punishment in the nature of contempt. I

11

solemnly promise that I will not disclose in any manner any information or item that is

12

subject to this Stipulated Protective Order to any person or entity except in strict

13

compliance with the provisions of this Order.

14

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

15

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

16

Stipulated Protective Order, even if such enforcement proceedings occur after

17

termination of this action. I hereby appoint _________________________[print or

18

type full name] of __________________________________________[print or type

19

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

20

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

21

Stipulated Protective Order.

22
23

Date: _____________________

24

City and State where sworn and signed: _______________________

25

Printed name: __________________________

26

Signature: _____________________________

27
28
15
STIPULATED PROTECTIVE ORDER