Steve Chambers et al v. Whirlpool Corporation et al

Filing 54

STIPULATED PROTECTIVE ORDER by Magistrate Judge Marc L. Goldman re Stipulation for Protective Order 53 (twdb)

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Jeffrey M. Cohon, Esq. (CSBN 131431)
Kristina S. Keller, Esq. (CSBN 161946)
COHON & POLLAK, LLP
1999 Avenue of the Stars, 11th Floor
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
[e-mail]
David H. Weinstein, Esq. (CSBN 43167)
Robert S. Kitchenoff, Esq. (admitted
pro hac vice)

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WEINSTEIN KITCHENOFF & ASHER
LLC
1845 Walnut Street, Suite 1100
Philadelphia, Pennsylvania 19103
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Malcolm E. Wheeler (SBN 47248)
Michael T. Williams (admitted pro hac vice)
WHEELER TRIGG O’DONNELL LLP
1801 California Street, Suite 3600
Denver, Colorado 80202
Telephone: [phone]
Facsimile: [phone]
[e-mail];
[e-mail]
Dean J. Zipser, Esq. (SBN 094680)
Adina L. Witzling (SBN 211719)
MANATT, PHELPS & PHILLIPS, LLP
695 Town Center Drive, 14th Floor
Costa Mesa, California 92626-7223
Telephone: [phone]
Facsimile: [phone]
[e-mail];
[e-mail]
Attorneys for Defendants

Charles S. Fax, Esq. (admitted pro hac vice)
Liesel Schopler, Esq. (admitted pro hac vice)
RIFKIN, LIVINGSTON, LEVITAN &
SILVER LLC
7979 Old Georgetown Road, Suite 400
Bethesda, Maryland 20814
Telephone: [phone]
Facsimile: [phone]
[e-mail]; [e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT

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STEVE CHAMBERS, et al.,
individually and for all others similarly
situated,
Plaintiffs,

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No. SACV11-1733 DOC (MLGx)
STIPULATED PROTECTIVE
ORDER

vs.
WHIRLPOOL CORPORATION, et al.,
Defendants.

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
COSTA MESA

302111772.1

STIPULATED PROTECTIVE ORDER

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To expedite the exchange of Discovery Material (defined below) in this

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litigation, to facilitate the prompt resolution of disputes over confidentiality, and to

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protect Discovery Material entitled to be kept confidential, it is, pursuant to this

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Court’s authority under Federal Rule Civil Procedure 26(c) and with the consent of

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the Parties (defined below), hereby

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ORDERED:

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1.

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Definitions.
(a)

“Parties” shall mean all named Plaintiffs in this litigation and

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Defendants Whirlpool Corporation, Sears Holding Corporation, and Sears,

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Roebuck and Company (hereinafter, collectively “Defendants”), including the

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officers, directors, and principals acting on behalf of corporate Parties. “Party”

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shall mean any individually named Plaintiff or Defendant, including the officers,

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directors, and principals acting on behalf of a corporate Party.

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(b)

Discovery Material shall mean all documents, things, and

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information that are produced or generated in disclosures or responses to discovery

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in this litigation. Discovery Material includes any material produced, filed, or

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served by any Party or other person during discovery in this litigation and any

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information included in any such material. Discovery Material may include, but is

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not limited to, deposition testimony and transcripts, answers to interrogatories,

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documents and tangible things produced by a Party or other person (whether

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produced pursuant to Fed. R. Civ. P. 34, subpoena, or otherwise), and responses to

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requests for admission.

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(c)

“Confidential” Discovery Material shall mean information

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(regardless of how generated, stored, or maintained), testimony, or tangible things

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obtained during discovery in this litigation that the Designating Party believes in

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good faith contains confidential research, development, or commercial information,

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within the meaning of Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure, or

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
COSTA MESA

302111772.1

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STIPULATED PROTECTIVE ORDER

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personal information not generally disclosed to the public by such Designating

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Party.

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(d)

Material from a Producing Party in this Action.

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(e)

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Producing Party shall mean a Party or other person that

produces Discovery Material in this Action.

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Receiving Party shall mean a Party that receives Discovery

(f)

Designating Party shall mean a Party or other person that

designates Discovery Material as “Confidential.”
2.

Designating Documentary Discovery Material.

Any Party may

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designate Discovery Material as Confidential, and such material shall be treated in

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accordance with the provisions of this Protective Order, provided that the materials

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are prepared in such a manner that they are prominently marked “Confidential” on

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each page of the document. If Discovery Material entitled to protection is included

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in written answers to discovery requests of any kind, the portions of such answers

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or responses that contain the Confidential Discovery Material shall be marked

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Confidential. To the extent a Party wishes or is required to file Confidential

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Discovery Material with the Court, the Party shall electronically file a redacted

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copy omitting the Confidential information and shall also serve an unredacted copy

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of the document on counsel of record. Local Rule 79-5 shall govern the filing of

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documents under seal in this Action.

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3.

The designation of information as “Confidential” constitutes a

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representation by the Designating Party and such Party’s counsel that such

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document, material or information has been reviewed and that the Designating

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Party and its counsel have a good faith basis for the designation.

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4.

Designating Confidential Discovery Material in Depositions. Parties

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and deponents may, within thirty (30) days after receiving a transcript of a

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deposition, designate pages of the transcript (and exhibits thereto) as Confidential

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to the extent the Party or deponent believes the pages contain material or

M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
COSTA MESA

302111772.1

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STIPULATED PROTECTIVE ORDER

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information entitled to protection (as defined in Paragraph 1 above). Such arguably

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Confidential information within the deposition transcript may be designated only by

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sending a letter indicating the page and line numbers of the deposition transcription

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that the Party or deponent designates as “Confidential” to counsel for the party

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taking the deposition and the court reporter. Until the expiration of the 30-day

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period during which such designations may be made, the entire deposition will be

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treated as subject to protection as Confidential under this Protective Order. If a

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designation is made, the Confidential portions and exhibits, if filed with the Court,

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shall be subject to the filing requirements set forth in Paragraph 2 above. If any

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depositions are videotaped or digitally recorded, those portions of the videotape or

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recording corresponding to portions of the deposition transcript designated as

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Confidential shall be afforded the same status.

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5.

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Use and Disclosure of Confidential Discovery Material.
(a)

Unless otherwise ordered by a court, administrative agency, or

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similar governmental or regulatory body of competent jurisdiction, Discovery

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Material designated as Confidential may be used only in connection with the

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prosecution or defense of claims in, or the settlement of, this litigation.

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(b)

Limitations on Disclosure of Confidential Discovery Material:

Confidential Discovery Material may be disclosed only:

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(1)

to Parties in this litigation, except that Sears’ Confidential

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Discovery Material may be disclosed to Whirlpool witnesses, and Whirlpool’s

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Confidential Discovery Material may be disclosed to Sears’ witnesses, only after

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satisfying the meet and confer obligation stated in paragraph 5(b)(11) below;

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(2)

to Parties’ internal counsel, and their legal, investigative,

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technical, administrative and other support staff, engaged in the conduct of this

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litigation;

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
COSTA MESA

(3)

to Parties’ external counsel and other Plaintiffs’ counsel

who have entered an appearance in this litigation, and their respective legal,
302111772.1

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STIPULATED PROTECTIVE ORDER

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investigative, technical, administrative and other support staff, engaged in the

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conduct of this litigation on behalf of named Parties;

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(4)

to this Court, or any other Court exercising jurisdiction

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with respect to this litigation, any appellate court(s), court personnel, jurors,

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alternate jurors, and qualified persons (including necessary clerical personnel)

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recording, taking or transcribing testimony or argument at any deposition, hearing,

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trial or appeal in this litigation;

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(5)

to any person designated by the Court upon such terms as

the Court may deem proper;

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(6)

to any special master, mediator or arbitrator engaged by

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the Parties or authorized by the Court for purposes of mediation, arbitration or other

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dispute resolution regarding issues arising in this litigation;

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(7)

Parties or their counsel in connection with this litigation;

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to agents, employees, or other representatives of the

(8)

to outside consultants, investigators or experts utilized for

the purpose of assisting counsel or testifying in this litigation;

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(9)

to third-party contractors engaged in one or more aspects

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of copying, organizing, filing, coding, converting, storing, or retrieving data or

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designing programs for handling data connected with this litigation, including the

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performance of such duties in relation to a computerized litigation support system,

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but only to the extent reasonably necessary to render such services, and provided

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that counsel shall expressly caution such contractors that the disclosure and use of

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Confidential Discovery Material except as provided in this Protective Order is

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prohibited and shall take reasonable precautions to prevent the unauthorized

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disclosure or use of Confidential Discovery Material by such contractors;

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(10) to (a) the person or entity that produced or originally

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created the Discovery Material; (b) any author, addressee or recipient of the

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
COSTA MESA

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STIPULATED PROTECTIVE ORDER

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material indicated on its face; or (c) any person or entity expressly mentioned,

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discussed or referred to by actual name in the material as indicated on its face;

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(11) to a witness in this litigation not otherwise authorized to

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view the Confidential information in question, during that witness’s testimony at a

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deposition, hearing, or trial in this litigation, provided that (a) the parties first meet

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and confer prior to the examiner showing the witness a confidential document

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(which meet and confer can occur during a break in the deposition); (b) the

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examiner of the witness has a good faith belief that the witness is likely to have

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knowledge of the subject matter of the Confidential Discovery Material; and (c) the

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witness is shown a copy of this Protective Order and is explicitly informed that this

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Protective Order forbids her or him to disclose the Confidential information except

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as permitted under this Protective Order, that she or he is subject to the Court’s

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jurisdiction for the purposes of enforcing this Protective Order, and that she or he is

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not permitted to possess or retain copies of such Confidential Discovery Material.

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(12) to any other person agreed to in writing by the
Designating Party, which agreement shall not be unreasonably withheld.

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(c)

Undertaking: Before disclosure of any Confidential Discovery

Material is made to any Party or other person described in:

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(i)

subparagraphs (6), (8), and (10) of subparagraph 5(b); or

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(ii)

subparagraph 5(b)(7), if such Party or other person is not

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employed by the Producing or Designating Party or is not otherwise

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authorized to view Confidential Discovery Material under the other

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provisions of subparagraphs 5(b) or 5(c);

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such Party or other person shall sign an undertaking substantially in the form of

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Exhibit A, attached hereto, certifying:

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(1)

that the signatory has read, understands, and will abide by

the terms of this Protective Order,

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
COSTA MESA

302111772.1

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STIPULATED PROTECTIVE ORDER

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(2)

that the signatory will not disclose the Confidential

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Discovery Material, or the Confidential information contained therein, to any

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person not authorized by this Protective Order to receive disclosure, or use such

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document or material for any purpose other than the conduct of this litigation; and

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(3)

that the signatory consents to the jurisdiction of the

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United States District Court for the Central District of California for any action to

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enforce the provisions of such undertaking.

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The undertakings so obtained shall be deemed work product, and

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counsel for the Party who obtains them shall retain them during the course of this

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litigation. In the event that any Party or other person listed in subparagraph 5(d)

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refuses to sign such undertaking, counsel seeking to disclose the Confidential

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Discovery Material may seek advance written permission from the Designating

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Party, or from the Court, to disclose such material to such person upon good cause

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shown for such disclosure.

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6.

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Challenging Designations of Confidential Discovery Material.
(a)

Challenge to Confidential designation:

Any Party (the

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“Challenging Party”) may challenge another Party’s or person’s designation of

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Discovery Material as Confidential. The Challenging Party shall provide written

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notice to the Designating Party, identifying the Confidential Discovery Material

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whose designation it challenges and setting forth the basis for the challenge.

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Within fourteen (14) days of its receipt of written notice of the challenge to its

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designation, the Designating Party shall meet and confer with the Challenging Party

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and these parties shall make a good faith effort to resolve any dispute concerning

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the designation by agreement or stipulation. Failing such agreement or stipulation,

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within seven (7) days after the meet and confer, the Designating Party may make, in

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the manner prescribed by the Federal Rules of Civil Procedure and the Local Rules,

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a motion or other appropriate application to the Court to maintain the Confidential

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designation.

M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
COSTA MESA

302111772.1

The Designating Party’s motion or application regarding the
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STIPULATED PROTECTIVE ORDER

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challenged material shall identify with specificity the Confidential Discovery

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Material that is the subject of the motion, but shall not disclose or reveal the

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contents of that material except in the manner prescribed by Paragraph 2 of this

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Protective Order. If such a motion or application is made, all Discovery Material so

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designated shall maintain Confidential status pending a determination by the court

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as to its appropriate status. If the Designating Party fails to make a timely motion

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or application for continuing Confidential treatment, the subject Discovery

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Materials shall be deemed non-confidential.

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(b)

The Designating Party retains the burden of establishing its

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designation of Confidential Discovery Material. Nothing in this paragraph shall

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limit the right of any Party to petition the Court for an in camera review of the

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Discover Material at issue.

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(c)

A person not a Party to this litigation may challenge a

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designation at any time by way of the same procedure set forth in paragraph 6(a)

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above, but such person will have the burden of persuading the Court to remove

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such designation or to permit disclosure to such person.

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7.

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Inadvertent Failure to Designate.
(a)

Except as provided in this paragraph, following a Party’s

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production or dissemination of Discovery Material, the inadvertent failure to

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designate particular Discovery Material as “Confidential” at the time of production

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shall not operate to waive a Party’s or person’s right to later designate such

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Discovery Material as Confidential, provided that, at the time of making the later

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designation, the Designating Party provides to the Receiving Party a replacement

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copy of the Discovery Material which replacement copy is properly marked

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“Confidential” in accordance with Paragraph 2 of this Protective Order. No Party

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shall be deemed to have violated this Protective Order if, prior to notification of any

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later designation, such Discovery Material has been disclosed or used in a manner

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inconsistent with the later designation. Once such a designation has been made, the

M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
COSTA MESA

302111772.1

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STIPULATED PROTECTIVE ORDER

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relevant documents or materials shall be treated as Confidential in accordance with

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this Protective Order; provided, however, that if the Discovery Material that was

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inadvertently not designated is, at the time of the later designation, filed with a

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court on the public record, the Party or other person that failed to make the

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designation shall move for appropriate relief.

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Confidential designation is first claimed on the record during the course of a

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deposition, hearing, or other court proceeding, the subject Discovery Material may

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be used throughout the deposition, hearing, or proceeding and should be treated as

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though a confidential designation had been made at the time of disclosure.

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8.

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If an inadvertently omitted

Privileged and Work-Product Material.
(a)

If, in connection with the pending litigation, information subject

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to a claim of attorney-client privilege or attorney work product protection is

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disclosed (“Disclosed Protected Information”), the inadvertent disclosure of the

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Disclosed Protected Information shall not constitute or be deemed a waiver or

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forfeiture of any claim of privilege or work product protection that a Party would

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otherwise be entitled to assert with respect to the Disclosed Protected Information

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and its subject matter.

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(b)

A Party may assert, in writing, the attorney-client privilege or

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work product protection with respect to Disclosed Protected Information. The

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Receiving Party shall, within five (5) business days of receipt of that writing,

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sequester, protect against being further disclosed, and then return or destroy all

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copies of the Disclosed Protected Information and provide to the Party claiming

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privilege a certification of counsel that all such Disclosed Protected Information has

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been sequestered and returned or destroyed.

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(c)

Within ten (10) business days of having received the

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certification that such Disclosed Protected Information has been sequestered,

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protected against being further disclosed, and then returned or destroyed, the Party

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claiming privilege shall produce a privilege log with respect to the Disclosed

M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
COSTA MESA

302111772.1

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STIPULATED PROTECTIVE ORDER

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Protected Information setting forth all of the information required under

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Rule 26(b)(5)(A)(ii) of the Federal Rules of Civil Procedure.

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(d)

The Receiving Party may move the Court for an Order

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compelling production of the Disclosed Protected Information (a “Privilege

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Motion”). The Privilege Motion shall be filed under seal and shall not assert as a

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ground for entering such an Order the fact or circumstances of the production.

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(e)

The Party claiming privilege retains the burden of establishing

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the privileged or protected nature of any Disclosed Protected Information. Nothing

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in this paragraph shall limit the right of any Party to petition the Court for an in

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camera review of the Disclosed Protected Information.

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produced that contain privileged information or attorney work product shall be

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immediately returned if the documents appear privileged on their face. All copies

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shall be returned or destroyed by the Receiving Party.

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9.

Documents that are

Confidential Documents and Materials at Hearing or Trial. Disputes

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arising as to the use of Confidential Discovery Material or information at trial or

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hearings will be resolved by the Court prior to the disclosure of such materials. In

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addition, no fewer than thirty (30) days before the date upon which the Parties are

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directed to submit a Joint Pretrial Order in this litigation, the Parties shall meet and

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confer to negotiate a proposal for Court approval addressing the treatment at trial of

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material previously designated Confidential. To the extent the parties fail to agree

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on a proposal addressing the use of such material at trial, they may submit

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alternative proposals to the Court for resolution.

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10.

Further Requests for Production. If, at any time, any Confidential

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Discovery Material in the possession, custody or control of any person or Party

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other than the Designating Party that designated such Confidential documents or

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materials is subpoenaed or requested by any court, administrative agency,

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legislative body or other person or entity, the person or Party to whom the subpoena

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or request is directed shall provide prompt written notice to the original Designating

M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
COSTA MESA

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Party and, before producing the Confidential Discovery Material pursuant to the

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subpoena or request, shall give the original Designating Party a reasonable time

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within which to seek a judicial order precluding such production. This Protective

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Order is not intended to affect a Party’s obligation to respond to such a subpoena or

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request within the time required by law as specified in the subpoena or request.

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11.

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Miscellaneous.
(a)

By this Protective Order, no Party hereto shall be deemed to

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have waived its right to assert that any particular document should or should not be

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accorded Confidential treatment. The parties intend that this Protective Order shall

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be consistent with the Federal Rules of Civil Procedure, the Federal Rules of

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Evidence, and any applicable Local Rules. For purposes of computing any period

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of time under this Protective Order, the provisions of Federal Rule Civil Procedure

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6 and the Local Rules of the Court shall apply. This Protective Order may be

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executed in counterparts.

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(b)

This Protective Order does not address, limit, or determine the

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relevance, discoverability or admission into evidence of any document. The Parties

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do not waive any objections as to the production, discoverability, or confidentiality

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of documents.

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12.

Termination. The provisions of this Protective Order shall continue to

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be binding after final termination of this litigation. Within one hundred and twenty

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(120) days after final conclusion of all aspects of this litigation, including any

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appeals, any Party or other person who received (or tendered to any other person)

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documents or materials designated for Confidential treatment (or any copy thereof)

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must, at the option of the Receiving Party, (i) return such documents and materials

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to the Producing Party or (ii) certify in writing to counsel for the Producing Party

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that the Receiving Party or such person(s) has destroyed those documents and

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materials and the portions of all other material containing such Confidential

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information. Notwithstanding these provisions, counsel shall be permitted to retain

M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
COSTA MESA

302111772.1

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copies of court filings, papers served in connection with this Litigation, transcripts

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(including deposition transcripts), exhibits and work product containing or

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reflecting Confidential documents or materials.

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13.

Modification Permitted. Nothing herein shall prejudice the right of the

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Parties to stipulate (subject to Court approval) or to move to amend or modify this

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Protective Order in the interest of justice. The Court retains the right to allow

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disclosure of any Confidential Discovery Material covered by this Protective Order

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or to modify this Protective Order at any time in the interests of justice.

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14.

Additional Parties. The terms of this Protective Order shall be binding

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upon all current and future Parties to this litigation and their counsel. Following

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entry of this Protective Order:

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(a)

within ten (10) days of (1) the entry of an appearance by a new

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Plaintiff or absent class member that elects to appear or to intervene in this

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litigation, or (2) the transfer of a complaint that arises out of the same facts alleged

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in the First Amended Complaint; Plaintiffs’ Counsel shall serve a copy of this

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Protective Order on counsel for any such new Plaintiff or absent class member;

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(b)

within ten (10) days of (1) the entry of an appearance by a new

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Defendant or third-party Defendant in this Litigation, or (2) the transfer of a

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complaint that arises out of the same facts alleged in the First Amended Complaint;

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Defendants’ Counsel shall serve a copy of this Protective Order on counsel for any

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new Defendant or third-party Defendant.

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15.

A party may challenge, pursuant to Paragraph 6 of this Protective

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Order any designation of documents that (a) were, are or become public knowledge,

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not in violation of this Order; or (b) were or are discovered independently by the

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Receiving Party.

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16.

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M ANATT , P HELPS &
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ATTORNEYS AT LAW
COSTA MESA

Application to Non-Parties and Absent Class Members.
(a)

Protection for Confidential Discovery Material Produced By

Non Parties And Absent Class Members: Any non-party or absent class member
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STIPULATED PROTECTIVE ORDER

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producing Discovery Material or giving deposition testimony in this litigation may

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avail herself, himself or itself of the Confidential treatment provided for in this

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Protective Order for her, his or its testimony and Discovery Material by following

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the procedures provided herein.

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obligation to inform any non-party who expresses concern or makes inquiry that

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pertains to issues addressed by this Protective Order of this Protective Order and, if

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requested, to provide a copy of this Order to such person. This Protective Order

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shall be binding upon such non-parties or absent class members unless they object,

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in writing, to counsel for a Party or to the Court, to its terms within ten (10) days of

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All counsel in this litigation shall have the

service upon them of this Protective Order.

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(b)

Disclosure of Confidential Discovery Material to Absent Class

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Members: Confidential Discovery Material may not be disclosed to absent class

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members who have not intervened or otherwise appeared in this litigation, except

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under the circumstances described in Paragraph 5 of this Protective Order. If,

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however, Confidential Discovery Material is contained in a filing with the Court

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pursuant to Paragraph 2 of this Protective Order, such filing may be disclosed to

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counsel for the absent class member (or the absent class member if not

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represented), provided that such counsel, if any, and the absent class member

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execute the undertaking provided for in subparagraph 5(d) of this Protective Order.

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IT IS SO STIPULATED.

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Dated: April 19, 2012

COHON & POLLAK, LLP

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By:

/s/ Jeffrey M. Cohon
Jeffrey M. Cohon
Attorneys for Plaintiffs

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
COSTA MESA

302111772.1

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STIPULATED PROTECTIVE ORDER

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Dated: April 19, 2012

WEINSTEIN KITCHENOFF
& ASHER LLC

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By:

/s/ David H. Weinstein
David H. Weinstein
Attorneys for Plaintiffs

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Dated: April 19, 2012

RIFKIN, LIVINGSTON, LEVITAN
& SILVER LLC

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By:

/s/ Charles S. Fax
Charles S. Fax
Attorneys for Plaintiffs

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Dated: April 19, 2012

WHEELER TRIGG O’DONNELL LLP

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By:

/s/ Malcolm E. Wheeler
Malcolm E. Wheeler
Attorneys for Defendants

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Dated: April 19, 2012

MANATT, PHELPS & PHILLIPS, LLP

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By:

/s/ Dean J. Zipser
Dean J. Zipser
Attorneys for Defendants

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IT IS SO ORDERED.

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Dated: April 23, 2012

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MARC L. GOLDMAN
UNITED STATES MAGISTRATE JUDGE

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
COSTA MESA

302111772.1

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STIPULATED PROTECTIVE ORDER

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EXHIBIT A

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
COSTA MESA

302111772.1

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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STEVE CHAMBERS, et al.,
individually and for all others similarly
situated,
Plaintiffs,

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No. SA CV 11-1733 DOC-MLG
ACKNOWLEDGEMENT
AND CONSENT

vs.
WHIRLPOOL CORPORATION, et al.,
Defendants.

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I hereby certify that: (1) I have read the Protective Order that has been

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entered by the Court in this litigation, and I understand its terms; (2) I understand

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that Discovery Material (as defined in the Protective Order) designated as

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Confidential under the Protective Order is being provided to me pursuant to the

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terms of the Protective Order; (3) I agree to be fully bound by the provisions of the

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Protective Order, including its provisions restricting disclosure of material

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designated as Confidential under the Protective Order and limiting the use of such

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material to the conduct of this litigation; (4) I hereby submit to the jurisdiction of

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the United States District Court for the Central District of California for purposes of

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enforcement of the Protective Order.

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Dated:

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Printed Name:

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
COSTA MESA

Signature:

302111772.1