Jamie Mojarro v. Interstate Management Company, LLC et al

Filing 32

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian: re Stipulation for Protective Order 31 . (See document for details.) (sbou)

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MATERN LAW GROUP, PC
MATTHEW J. MATERN (SBN 159798)
[e-mail]
LAUNA ADOLPH (SBN 227743)
[e-mail]
KAYVON SABOURIAN (SBN 310863)
[e-mail]
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Tel: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Jamie Mojarro,
individually and on behalf of all others
similarly situated
MORGAN, LEWIS & BOCKIUS LLP
Jason S. Mills, Bar No. 225126
[e-mail]
300 South Grand Avenue, 22nd Floor
Los Angeles, CA 90071-3132
Tel: [phone]; Fax: [phone]
Attorneys for Defendants
INTERSTATE MANAGEMENT
COMPANY, LLC, and INTERSTATE
HOTELS & RESORTS, INC.
Additional counsel listed on next page.
UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MORGAN, LEWIS &
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ATTORNEYS AT LAW

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JAMIE MOJARRO, individually
and on behalf of all others similarly
situated,
vs.

Plaintiff,

INTERSTATE MANAGEMENT
COMPANY, LLC, a Delaware
limited liability company,
INTERSTATE HOTELS &
RESORTS, INC., a Delaware
corporation; and DOES 1 through
50, inclusive,
Defendants.

Case No. 2:17-cv-08464-PSG-JC

STIPULATED PROTECTIVE ORDER

Complaint Filed: September 22, 2017

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MORGAN, LEWIS & BOCKIUS LLP
Hien Nguyen, Bar No. 229794
[e-mail]
Rebecca Licht Jensen (SBN 267752)
[e-mail]
2049 Century Park East, Suite 700
Los Angeles, CA 90067-3109
Tel: [phone]; Fax: [phone]
MORGAN, LEWIS & BOCKIUS LLP
Robin Lagorio, Bar No. 284885
[e-mail]
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Tel: [phone]; Fax: [phone]
Attorneys for Defendants
INTERSTATE MANAGEMENT
COMPANY, LLC, and INTERSTATE
HOTELS & RESORTS, INC.

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MORGAN, LEWIS &
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ATTORNEYS AT LAW

STIPULATED PROTECTIVE ORDER

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STIPULATED PROTECTIVE ORDER
Plaintiff Jamie Mojarro (“Plaintiff”) and Defendants Interstate Management

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Company, LLC, and Interstate Hotels and Resorts, Inc. (“Defendants”)

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(collectively, the “Parties”), through their respective counsel, hereby stipulate as

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follows:

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1.

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A.

PURPOSES AND LIMITATIONS

As the parties have represented that discovery in this action is likely to

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involve production of confidential, proprietary, or private information for which

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

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prosecuting this litigation may be warranted, this Court enters the following

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Protective Order. This Order does not confer blanket protections on all disclosures

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or responses to discovery. The protection it affords from public disclosure and use

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

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treatment under the applicable legal principles. Further, as set forth in Section 12.3,

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below, this Protective Order does not entitle the parties to file confidential

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information under seal. Rather, when the parties seek permission from the court to

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file material under seal, the parties must comply with Civil Local Rule 79-5 and

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with any pertinent orders of the assigned District Judge and Magistrate Judge.

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B. GOOD CAUSE STATEMENT

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In light of the nature of the claims and allegations in this case and the parties’

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representations that discovery in this case will involve the production of confidential

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records, and in order to expedite the flow of information, to facilitate the prompt

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resolution of disputes over confidentiality of discovery materials, to adequately

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

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parties are permitted reasonable necessary uses of such material in connection with

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this action, to address their handling of such material at the end of the litigation, and

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

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matter. The parties shall not designate any information/documents as confidential

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STIPULATED PROTECTIVE ORDER

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without a good faith belief that such information/documents have been maintained in

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a confidential, non-public manner, and that there is good cause or a compelling

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

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2.

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DEFINITIONS
2.1

Action: the above-entitled proceeding: Mojarro v. Interstate

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Management Company, LLC, et al., Case No. 2:17-cv-08464-PSG-JC in the Central

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District of California.

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2.2

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

designation of information or items under this Order.
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“CONFIDENTIAL” Information or Items: information (regardless of

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

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protection under Federal Rule of Civil Procedure 26(c), including, but not limited to

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the class list of putative class members (the “Class List”) and contact information,

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such as address, telephone number(s), and e-mail addresses related to such Class

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List and the time records and pay records related to such Class List.

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2.4

Counsel (without qualifier): Outside Counsel of Record and House

Counsel (as well as their 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.”

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2.6

Disclosure or Discovery Material: all items or information, regardless

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of 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

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

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2.7

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

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an expert witness or as a consultant in this Action.

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STIPULATED PROTECTIVE ORDER

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2.8

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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2.9

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

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

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

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

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

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

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2.11 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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2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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2.13 Professional Vendors: persons or entities that provide litigation

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support 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)

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and their employees and subcontractors.

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2.14 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”

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2.15 Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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

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

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

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

MORGAN, LEWIS &
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ATTORNEYS AT LAW

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STIPULATED PROTECTIVE ORDER

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than during a court hearing or at trial. However, the protections conferred by this

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Stipulation and Order do not cover the following information: (a) any information

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that is in the public domain at the time of disclosure to a Receiving Party or

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becomes part of the public domain after its disclosure to a Receiving Party as a

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result of publication not involving a violation of this Order, including becoming

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part of the public record through trial or otherwise; and (b) any information known

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to the Receiving Party prior to the disclosure or obtained by the Receiving Party

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after the disclosure from a source who obtained the information lawfully and under

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no obligation of confidentiality to the Designating Party. Any use of Protected

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Material during a court hearing or at trial shall be governed by the orders of the

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presiding judge. This Order does not govern the use of Protected Material during a

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court hearing or at trial.

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4.

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

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

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

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

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

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

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

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pursuant to applicable law.

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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

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

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

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

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

MORGAN, LEWIS &
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ATTORNEYS AT LAW

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STIPULATED PROTECTIVE ORDER

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

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unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

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

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Designating Party to sanctions.

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

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

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

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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

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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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

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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), that the Producing Party affix

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at a minimum, the legend “CONFIDENTIAL” to each page that contains protected

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

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

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(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

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

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

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

MORGAN, LEWIS &
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ATTORNEYS AT LAW

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STIPULATED PROTECTIVE ORDER

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

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

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

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

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

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appropriate markings in the margins).

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(b)

for testimony given in depositions that the Designating Party

identifies on the record, before the close of the deposition as protected testimony.

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(c)

for information produced in some form other than documentary

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

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

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

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

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protected 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

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

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

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

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provisions of this 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

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Scheduling Order. Unless a prompt challenge to a Designating Party’s

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confidentiality designation is necessary to avoid foreseeable, substantial unfairness,

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unnecessary economic burdens, or a significant disruption or delay of the litigation,

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a Party does not waive its right to challenge a confidentiality designation by

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STIPULATED PROTECTIVE ORDER

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electing not to mount a challenge promptly after the original designation is

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disclosed.

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6.2

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Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.

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6.3

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

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

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

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

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

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

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

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challenge.

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7.

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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

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Receiving Party must comply with the provisions of section 13 below.

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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

Names and Contact Information of Putative Class Members. With

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respect to the names and contact information of putative class members produced

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subject to this Protective Order, and designated as “CONFIDENTIAL,” the

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following shall apply:

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STIPULATED PROTECTIVE ORDER

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(a)

Plaintiff’s counsel shall maintain the names and contact

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information and related information, including but not limited to time records and

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payroll records, of the putative class members as private and confidential.

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(b)

Plaintiff and Plaintiff’s counsel and any agents of or anyone

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acting on behalf of Plaintiff and/or Plaintiff’s counsel agrees not to use the names

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and contact information of the putative class members to solicit or cause another to

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solicit any of the putative class members, including but not limited to soliciting a

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putative class member to become a proposed class representative, representative or

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named plaintiff in a separate and distinct lawsuit against any Defendant or

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Defendants in this lawsuit.

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(c)

The contact information of the putative class members shall not

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be disclosed to Plaintiff herself. Rather, only Plaintiff’s counsel and those identified

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in subsection (d) of this section may view this information.

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(d)

The names and contact information of the putative class

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members shall not be disclosed by Plaintiff’s counsel to any other person except the

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following: (a) the legal, clerical, paralegal, or other staff of Plaintiff’s counsel, who

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will abide by the terms of this Protective Order; (b) persons retained by Plaintiff’s

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counsel to furnish expert, investigative, or consulting services or advice in this

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action, who will abide by the terms of this Protective Order; (c) any person who

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authored, received, saw or was otherwise familiar with the names and contact

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information of the putative class members; (d) court reporters in this Proceeding

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(whether at depositions, hearings, or any other proceedings); and (e) the Court and

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its personnel. The Parties agree that this Paragraph, rather than Paragraph 7.3, shall

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apply to the disclosure of the names and contact and related information of the

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putative class members.

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7.3

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

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STIPULATED PROTECTIVE ORDER

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Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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(a)

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

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as well as 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

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Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this

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Action;

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(c)

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

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whom 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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(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

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Professional Vendors to whom disclosure is reasonably necessary for this Action

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and who have signed the “Acknowledgment and Agreement to Be Bound”

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(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;
(h)

during their depositions, witnesses, and attorneys for witnesses,

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

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deposing party requests that the witness sign the “Acknowledgment and Agreement

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to Be Bound” form attached as Exhibit A hereto; and (2) they will not be permitted

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to keep any confidential information unless they sign the “Acknowledgment and

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Agreement to Be Bound” form attached as Exhibit A, unless otherwise agreed by

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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

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STIPULATED PROTECTIVE ORDER

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

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as permitted under this Stipulated Protective Order; and

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(i)

any mediator or settlement officer, and their supporting

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

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discussions.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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IN OTHER LITIGATION

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

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

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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

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include a copy of this Stipulated Protective 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.
If the Designating Party timely seeks a protective order, the Party served with

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

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

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

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

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

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

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to disobey a lawful directive from another court.

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9.

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

The terms of this Order are applicable to information produced

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

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

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

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should be construed as 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

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

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Party is 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

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

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confidentiality agreement with a Non-Party;

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(2)

promptly provide the Non-Party with a copy of the

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

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reasonably specific description of the information requested; and

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(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

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

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the notice and accompanying information or fails contemporaneously to notify the

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

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

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

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

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

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

MORGAN, LEWIS &
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STIPULATED PROTECTIVE ORDER

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

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

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

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

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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

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

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

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

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

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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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

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

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

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

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production without prior privilege review. Pursuant to Federal Rule of

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

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disclosure of a communication or information covered by the attorney-client

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privilege or work product protection, the parties may incorporate their agreement

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into this Stipulated Protective Order.

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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. No Party waives any right it

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

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

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

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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 and with any pertinent

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orders of the assigned District Judge and Magistrate Judge. If a Party’s request to

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file Protected Material under seal is denied by the court, then the Receiving Party

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may file the information in the public record unless otherwise instructed by the

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court.

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13.

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

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

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

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

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

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

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

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

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

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

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

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

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

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW

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STIPULATED PROTECTIVE ORDER

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

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

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

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

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Order as set forth in Section 4.

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14.

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

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sanctions.

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

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: August 16, 2018

MATERN LAW GROUP, PC

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By
Matthew J. Matern
Launa Adolph
Kayvon Sabourian
Attorneys for Plaintiff JAMIE
MOJARRO

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW

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STIPULATED PROTECTIVE ORDER

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August 16
Dated: ___________________, 2018

MORGAN, LEWIS & BOCKIUS LLP

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By
Jason S. Mills
Hien Nguyen
Attorneys for Defendants
INTERSTATE MANAGEMENT
COMPANY, LLC and
INTERSTATE HOTELS &
RESORTS, INC.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED:

August 20, 2018

/s/

Honorable Jacqueline Chooljian
United States Magistrate Judge

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW

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STIPULATED 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],

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of

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[print or type full address], declare under penalty of perjury that I have read in its

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entirety and understand the Stipulated Protective Order that was issued by the

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August 20, 2018
United States District Court for the Central District of California on ____________

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in the case of Mojarro v. Interstate Management Company, LLC, et al., Case No.

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2:17-cv-08464-PSG-JC. I agree to comply with and to be bound by all the terms of

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

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

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

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

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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

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

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action. I hereby appoint

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[print or type full name] of

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[print or type full address and telephone number] as my California

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agent for service of process in connection with this action or any proceedings

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related to enforcement of this Stipulated Protective Order.

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Date:

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City and State where sworn and signed:

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Printed name:

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Signature:

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW

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STIPULATED PROTECTIVE ORDER