James N.H. Seagrim et al v. Geoffery Owen Cassidy et al

Filing 65

STIPULATED PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re Stipulation for Protective Order 64 . (ec)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

JAMES N.H. SEAGRIM, STEPHEN
MATTHEW WALTER, ZETTA JET
12 PTE. LTD., and ZETTA JET USA, INC.,
Plaintiffs,
11

CASE NO. 2:17-CV-6648 (JAK)

13

STIPULATED PROTECTIVE
ORDER1

14

vs.

GEOFFERY OWEN CASSIDY,
MIRANDA JUNE TANG (a/k/a JUNE
TANG KIM CHOO), and ASIA
16 AVIATION HOLDINGS PTE. LTD.,
15

17

Defendants.
__________________________________
18
19

1.

20
21
22
23
24
25

A. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,

proprietary or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation may
be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
enter the following Stipulated Protective Order. The parties acknowledge that this
Order does not confer blanket protections on all disclosures or responses to

26
27

1

This Stipulated Protective Order is substantially based on the model protective order
28 provided under Magistrate Judge Gail J. Standish’s Procedures.
1
STIPULATED PROTECTIVE ORDER

1

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

2

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

3

under the applicable legal principles.

4

B. GOOD CAUSE STATEMENT

5

This action is likely to involve commercial and/or financial information for

6

which special protection from public disclosure and from use for any purpose other

7

than prosecution of this action is warranted. Such confidential and proprietary

8

materials and information consist of, among other things, confidential business or

9

financial information, information regarding confidential business practices, or

10

other confidential commercial information (including information implicating

11

privacy rights of third parties), information otherwise generally unavailable to the

12

public, or which may be privileged or otherwise protected from disclosure under

13

state or federal statutes, court rules, case decisions, or common law. Accordingly,

14

to expedite the flow of information, to facilitate the prompt resolution of disputes

15

over confidentiality of discovery materials, to adequately protect information the

16

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

17

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

18

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

19

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

20

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

21

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

22

has been maintained in a confidential, non-public manner, and there is good cause

23

why it should not be part of the public record of this case.

24
25

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
The parties further acknowledge, as set forth in Section 12.3, below, that

26

this Stipulated Protective Order does not entitle them to file confidential

27

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

28

followed and the standards that will be applied when a party seeks permission from
2
STIPULATED PROTECTIVE ORDER

1
2

the court to file material under seal.
There is a strong presumption that the public has a right of access to judicial

3

proceedings and records in civil cases. In connection with non-dispositive motions,

4

good cause must be shown to support a filing under seal. See Kamakana v. City

5

and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.

6

Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony

7

Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective

8

orders require good cause showing), and a specific showing of good cause or

9

compelling reasons with proper evidentiary support and legal justification, must be

10

made with respect to Protected Material that a party seeks to file under seal. The

11

parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL

12

does not—without the submission of competent evidence by declaration,

13

establishing that the material sought to be filed under seal qualifies as confidential,

14

privileged, or otherwise protectable—constitute good cause.

15

Further, if a party requests sealing related to a dispositive motion or trial,

16

then compelling reasons, not only good cause, for the sealing must be shown, and

17

the relief sought shall be narrowly tailored to serve the specific interest to be

18

protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir.

19

2010). For each item or type of information, document, or thing sought to be filed

20

or introduced under seal in connection with a dispositive motion or trial, the party

21

seeking protection must articulate compelling reasons, supported by specific facts

22

and legal justification, for the requested sealing order. Again, competent evidence

23

supporting the application to file documents under seal must be provided by

24

declaration.

25

Any document that is not confidential, privileged, or otherwise protectable in

26

its entirety will not be filed under seal if the confidential portions can be redacted.

27

If documents can be redacted, then a redacted version for public viewing, omitting

28

only the confidential, privileged, or otherwise protectable portions of the document,
3
STIPULATED PROTECTIVE ORDER

1

shall be filed. Any application that seeks to file documents under seal in their

2

entirety should include an explanation of why redaction is not feasible.

3

2.

4
5
6
7
8
9

DEFINITIONS
2.1

Action: the pending federal lawsuit entitled Seagrim, et al. v. Cassidy,

et al., Case No. 2:17-CV-6648 (JAK).
2.2

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

designation of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless of

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

10

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

11

the Good Cause Statement.

12
13
14

2.4

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

their support staff).
2.5

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

15

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

16

“CONFIDENTIAL.”

17

2.6

Disclosure or Discovery Material: all items or information, regardless

18

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

19

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

20

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

21

2.7

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

22

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

23

an expert witness or as a consultant in this Action.

24

2.8

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

25

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

26

counsel.

27
28

2.9

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

other legal entity not named as a Party to this action.
4
STIPULATED PROTECTIVE ORDER

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

1
2

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

3

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

4

that has appeared on behalf of that party, and includes support staff.
2.11 Party: any party to this Action, including all of its officers, directors,

5
6

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

7

support staffs).
2.12 Producing Party: a Party or Non-Party that produces Disclosure or

8
9

Discovery Material in this Action.

10

2.13 Professional Vendors: persons or entities that provide litigation

11

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

12

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

13

and their employees and subcontractors.
2.14 Protected Material: any Disclosure or Discovery Material that is

14
15

designated as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery

16
17

Material from a Producing Party.

18

3.

SCOPE

19

The protections conferred by this Stipulation and Order cover not only

20

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

21

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

22

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

23

presentations by Parties or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the

24
25

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

26

4.

27
28

DURATION
Once a case proceeds to trial, information that was designated as

CONFIDENTIAL or maintained pursuant to this protective order used or
5
STIPULATED PROTECTIVE ORDER

1

introduced as an exhibit at trial becomes public and will be presumptively available

2

to all members of the public, including the press, unless compelling reasons

3

supported by specific factual findings to proceed otherwise are made to the trial

4

judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing

5

“good cause” showing for sealing documents produced in discovery from

6

“compelling reasons” standard when merits-related documents are part of court

7

record). Accordingly, for information used or introduced as an exhibit at trial, the

8

terms of this protective order do not extend beyond the commencement of the trial.

9

5.

10

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

11

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

12

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

13

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

14

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

15

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

16

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

17

unjustifiably within the ambit of this Order.

18

Mass, indiscriminate or routinized designations are prohibited. Designations

19

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

20

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

21

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

22

Designating Party to sanctions.

23

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

24

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

25

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

26

5.2

Manner and Timing of Designations. Except as otherwise provided in

27

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

28

stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
6
STIPULATED PROTECTIVE ORDER

1

under this Order must be clearly so designated before the material is disclosed or

2

produced.

3

Designation in conformity with this Order requires:

4

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

5

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

6

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

7

“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

8

contains protected material. If only a portion of the material on a page qualifies for

9

protection, the Producing Party also must clearly identify the protected portion(s)

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

in the margins).

23

(b) for testimony given in depositions that the Designating Party identifies

24

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

25

deposition all protected testimony.

26

(c) for information produced in some form other than documentary and for

27

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

28

exterior of the container or containers in which the information is stored the legend
7
STIPULATED PROTECTIVE ORDER

1

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

2

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

3

protected portion(s).
5.3

4

Inadvertent Failures to Designate. If timely corrected, an inadvertent

5

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

6

the Designating Party’s right to secure protection under this Order for such

7

material. Upon timely correction of a designation, the Receiving Party must make

8

reasonable efforts to assure that the material is treated in accordance with the

9

provisions of this Order.

10

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

11

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

12

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

13

Scheduling Order.
6.2

14
15

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
6.3

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

challenge.

24

7.

25

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

26

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

27

Action only for prosecuting, defending or attempting to settle this Action. Such

28

Protected Material may be disclosed only to the categories of persons and under the
8
STIPULATED PROTECTIVE ORDER

1

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

2

Receiving Party must comply with the provisions of section 13 below (FINAL

3

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

8

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

9

Receiving Party may disclose any information or item designated

10
11

“CONFIDENTIAL” only to:
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well

12

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

13

to disclose the information for this Action;

14

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

15

Receiving Party to whom disclosure is reasonably necessary for this Action; or, in

16

the case of an individual, the Receiving Party;

17

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

18

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

19

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

20

(d) the court and its personnel;

21

(e) court reporters and their staff;

22

(f) professional jury or trial consultants, mock jurors, and Professional

23

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

24

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

25
26
27
28

(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 the
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
9
STIPULATED PROTECTIVE ORDER

1

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

2

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

3

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

4

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

5

deposition testimony or exhibits to depositions that reveal Protected Material may

6

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

7

except as permitted under this Stipulated Protective Order; and
(i) any mediator or settlement officer, and their supporting personnel,

8
9

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

10

8.

11

IN OTHER LITIGATION

12

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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

13

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

14

“CONFIDENTIAL,” that Party must:

15
16

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

17

(b) promptly notify in writing the party who caused the subpoena or order to

18

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

19

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

20

of this Stipulated Protective Order; and

21
22
23

(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

24

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

25

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

26

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

27

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

28

protection in that court of its confidential material and nothing in these provisions
10
STIPULATED PROTECTIVE ORDER

1

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

2

to disobey a lawful directive from another court.

3

9.

4

PRODUCED IN THIS LITIGATION

5

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

(a) The terms of this Order are applicable to information produced by a Non-

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

confidential information, then the Party shall:

14

(1) promptly notify in writing the Requesting Party and the Non-Party

15

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

16

agreement with a Non-Party;

17

(2) promptly provide the Non-Party with a copy of the Stipulated

18

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

19

reasonably specific description of the information requested; and

20

(3) make the information requested available for inspection by the Non-

21

Party, if requested.

22

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

23

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

24

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

25

request. If the Non-Party timely seeks a protective order, the Receiving Party shall

26

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

27

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

28

Absent a court order to the contrary, the Non-Party shall bear the burden and
11
STIPULATED PROTECTIVE ORDER

1

expense of seeking protection in this court of its Protected Material.

2

10.

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

3
4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

11.

12

PROTECTED MATERIAL

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

When a Producing Party gives notice to Receiving Parties that certain

13
14

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

15

protection, the obligations of the Receiving Parties are those set forth in Federal

16

Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

17

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

18

production without prior privilege review. Pursuant to Federal Rule of Evidence

19

502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

20

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

21

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

22

protective order submitted to the court.

23

12.

24
25
26

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

27

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

28

disclosing or producing any information or item on any ground not addressed in
12
STIPULATED PROTECTIVE ORDER

1

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

2

any ground to use in evidence of any of the material covered by this Protective

3

Order.

4

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

5

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

6

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

7

specific Protected Material at issue. If a Party’s request to file Protected Material

8

under seal is denied by the court, then the Receiving Party may file the information

9

in the public record unless otherwise instructed by the court.

10
11

13.

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

Order as set forth in Section 4 (DURATION).
13
STIPULATED PROTECTIVE ORDER

1
2

14.

VIOLATION
Any violation of this Order may be punished by appropriate measures

3

including, without limitation, contempt proceedings and/or monetary sanctions.

4

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

5
6

Dated: November 30, 2018

DLA PIPER LLP (US)
By: /s/ Joel M. Athey
Joel M. Athey
Attorney for Plaintiffs
Plaintiffs ZETTA JET PTE. LTD.,
and ZETTA JET USA, INC

7
8
9
10
11
12

Dated: November 30, 2018

MORGAN, LEWIS & BOCKIUS LLP

13

By
14
15
16

/s/ Nathan J. Hochman
Nathan J. Hochman
Attorney for Defendant Geoffery O.
Cassidy

17
18
19
20
21
22

SIGNATURE CERTIFICATION
I am the ECF User whose identification and password are being used to file
the foregoing STIPULATED PROTECTIVE ORDER. In compliance with the
General Order, I hereby attest that the other signatories to this filing have concurred
in this filing.

23
24
25
26

Dated: November 30, 2018

MORGAN, LEWIS & BOCKIUS LLP
By: /s/ Nathan J. Hochman
Nathan J. Hochman

27
28
14
STIPULATED PROTECTIVE ORDER

ORDER

1
2

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

3
4

Dated: December 3, 2018

5
6

____________________________________
GAIL J. STANDISH
8
UNITED STATES MAGISTRATE JUDGE
7

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
15
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 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 _________ [date] in the case of Seagrim, et al. v. Cassidy, et al., No. 2:17-CV-

8

6648 (JAK). I agree to comply with and to be bound by all the terms of this

9

Stipulated Protective Order and I understand and acknowledge that failure to so

10

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

12

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

13

strict 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 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

19

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
16
STIPULATED PROTECTIVE ORDER