Insco Insurance Services Inc et al v. Federal Insurance Company et al

Filing 44

ORDER RE STIPULATED PROTECTIVE ORDER by Magistrate Judge Karen E. Scott, re: Stipulation for Protective Order 43 . (see document for details). (dro)

1
2
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4
5

GARY J. VALERIANO (Bar No. 89644)
[e-mail]
MARK J. KRONE (Bar No. 219806)
[e-mail]
ANDERSON, McPHARLIN & CONNERS LLP
707 Wilshire Boulevard
Suite 4000
Los Angeles, California 90017-3623
TELEPHONE: [phone]  FACSIMILE: [phone]

6 Attorneys for Defendant
FEDERAL INSURANCE COMPANY
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

LOS ANGELES, CALIFORNIA 90017-3623

LAWYERS

707 WILSHIRE BOULEVARD, SUITE 4000

ANDERSON, MCPHARLIN & CONNERS LLP 

10
Case No. SACV15-01702 DOC (KESx)

11 INSCO INSURANCE SERVICES,
INC., a California corporation;
12 DEVELOPERS SURETY AND
13 INDEMNITY COMPANY, an Iowa
Corporation ,
14
Plaintiffs,

15
16

ORDER RE
STIPULATED PROTECTIVE
ORDER

vs.

FPTC: September 11, 2017
Trial: September 26, 2017

17 FEDERAL INSURANCE COMPANY,
an Indiana corporation; and DOES 1
18 through 10,
19
Defendants.
20
21 1.

A.

22

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

PURPOSES AND LIMITATIONS

23 proprietary, or private information for which special protection from public
24 disclosure and from use for any purpose other than prosecuting this litigation may
25 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
26 enter the following Stipulated Protective Order. The parties acknowledge that this
27 Order does not confer blanket protections on all disclosures or responses to
28 discovery and that the protection it affords from public disclosure and use extends
1582435.1 05953-047

1

STIPULATED PROTECTIVE ORDER

1 only to the limited information or items that are entitled to confidential treatment
2 under the applicable legal principles. The parties further acknowledge, as set forth in
3 Section 12.3, below, that this Stipulated Protective Order does not entitle them to
4 file confidential information under seal; Civil Local Rule 79-5 sets forth the
5 procedures that must be followed and the standards that will be applied when a party
6 seeks permission from the court to file material under seal.
7

B.

8

This action is likely to involve confidential trade secrets, customer and

GOOD CAUSE STATEMENT

9 pricing lists, employee information, personnel records, and other valuable research,

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LAWYERS

11 which special protection from public disclosure and from use for any purpose other
707 WILSHIRE BOULEVARD, SUITE 4000

ANDERSON, MCPHARLIN & CONNERS LLP 

10 development, commercial, financial, technical and/or proprietary information for

12 than prosecution of this action is warranted. Such confidential and proprietary
13 materials and information consist of, among other things, confidential business or
14 financial information pertaining to commercially sensitive internal procedures and
15 corporate governance; commercially sensitive insurance and surety claims
16 communications and reserve information; personal and confidential information
17 pertaining to persons who are not parties to this litigation, such as former
18 employees’ personnel files and third parties’ project details as well as claims on
19 insurance and surety bonds; information regarding confidential business practices;
20 privileged and protected information regarding litigation in other lawsuits, as well as
21 other confidential research, development, or commercial information (including
22 information implicating privacy rights of third parties), information otherwise
23 generally unavailable to the public, or which may be privileged or otherwise
24 protected from disclosure under state or federal statutes, court rules, case decisions,
25 or common law. Accordingly, to expedite the flow of information, to facilitate the
26 prompt resolution of disputes over confidentiality of discovery materials, to protect
27 information the parties are or may be entitled to keep confidential, to ensure that the
28 parties are permitted reasonable necessary uses of such material in preparation for

1582435.1 05953-047

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STIPULATED PROTECTIVE ORDER

1 and in the conduct of trial, to address their handling at the end of the litigation, and
2 to serve the ends of justice, a protective order for such information is justified in this
3 matter. It is the intent of the parties that information will not be designated as
4 confidential for tactical reasons and that nothing be so designated without a good
5 faith belief that it has been maintained in a confidential, non-public manner, and
6 there is good cause why it should not be part of the public record of this case.
7 2.

DEFINITIONS

8

2.1

Action: This pending federal lawsuit titled Insco Insurance Services,

9 Inc., et al., v. Federal Insurance Company, United States District Court for the

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LAWYERS

11
707 WILSHIRE BOULEVARD, SUITE 4000

ANDERSON, MCPHARLIN & CONNERS LLP 

10 Central District of California, Case No. SACV15-01702 DOC (KESx).
2.2

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

12 of information or items under this Order.
13

2.3

“CONFIDENTIAL” Information or Items: information (regardless of

14 how it is generated, stored or maintained) or tangible things that qualify for
15 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
16 the Good Cause Statement.
17

2.4

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

18 their support staff).
19

2.5

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

20 items that it produces in disclosures or in responses to discovery as
21 “CONFIDENTIAL.”
22

2.6

Disclosure or Discovery Material: all items or information, regardless

23 of the medium or manner in which it is generated, stored, or maintained (including,
24 among other things, testimony, transcripts, and tangible things), that are produced or
25 generated in disclosures or responses to discovery in this matter.
26

2.7

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

27 pertinent to the litigation who has been retained by a Party or its counsel to serve as
28 an expert witness or as a consultant in this Action.
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STIPULATED PROTECTIVE ORDER

1

2.8

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

2 or are responsible for the conduct of the litigation and negotiations related thereto,
3 and their staff. House Counsel does not include Outside Counsel of Record or any
4 other outside counsel.
5

2.9

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

6 other legal entity not named as a Party to this action.
7

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

8 to this Action but are retained to represent or advise a party to this Action and have
9 appeared in this Action on behalf of that party or are affiliated with a law firm which

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

12 employees, consultants, retained experts, and Outside Counsel of Record (and their
13 support staffs).
14

2.12 Producing Party: a Party or Non-Party that produces Disclosure or

15 Discovery Material in this Action.
16

2.13 Professional Vendors: persons or entities that provide litigation support

17 services (e.g., photocopying, videotaping, translating, preparing exhibits or
18 demonstrations, and organizing, storing, or retrieving data in any form or medium)
19 and their employees and subcontractors.
20

2.14 Protected Material: any Disclosure or Discovery Material that is

21 designated as “CONFIDENTIAL.”
22

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

23 from a Producing Party.
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
1582435.1 05953-047

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STIPULATED PROTECTIVE ORDER

1 3.

SCOPE

2

The protections conferred by this Stipulation and Order cover not only

3 Protected Material (as defined above), but also (1) any information copied or
4 extracted from Protected Material; (2) all copies, excerpts, summaries, or
5 compilations of Protected Material; and (3) any testimony, conversations, or
6 presentations by Parties or their Counsel that might reveal Protected Material.
7

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

8 trial judge. This Order does not govern the use of Protected Material at trial.
9 4.

Even after final disposition of this litigation, the confidentiality obligations

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

12 otherwise in writing or a court order otherwise directs. Final disposition shall be
13 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
14 or without prejudice; and (2) final judgment herein after the completion and
15 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
16 including the time limits for filing any motions or applications for extension of time
17 pursuant to applicable law.
18 5.

DESIGNATING PROTECTED MATERIAL

19

5.1

Exercise of Restraint and Care in Designating Material for Protection.

20 Each Party or Non-Party that designates information or items for protection under
21 this Order must take care to limit any such designation to specific material that
22 qualifies under the appropriate standards. The Designating Party must designate for
23 protection only those parts of material, documents, items, or oral or written
24 communications that qualify so that other portions of the material, documents,
25 items, or communications for which protection is not warranted are not swept
26 unjustifiably within the ambit of this Order.
27

Mass, indiscriminate, or routinized designations are prohibited. Designations

28 that are shown to be clearly unjustified or that have been made for an improper
1582435.1 05953-047

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STIPULATED PROTECTIVE ORDER

1 purpose (e.g., through a finding of the court of a purpose unnecessarily to encumber
2 the case development process or to impose unnecessary expenses and burdens on
3 other parties) may expose the Designating Party to sanctions.
4

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

5 designated for protection do not qualify for protection, that Designating Party must
6 promptly notify all other Parties that it is withdrawing the inapplicable designation.
7

5.2

Manner and Timing of Designations. Except as otherwise provided in

8 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
9 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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11 produced.
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ANDERSON, MCPHARLIN & CONNERS LLP 

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

12

Designation in conformity with this Order requires:

13

(a)

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

14 documents, but excluding transcripts of depositions or other pretrial or trial
15 proceedings), that the Producing Party affix at a minimum, the legend
16 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
17 contains protected material. If only a portion or portions of the material on a page
18 qualifies for protection, the Producing Party also must clearly identify the protected
19 portion(s) (e.g., by making appropriate markings in the margins).
20

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

21 need not designate them for protection until after the inspecting Party has indicated
22 which documents it would like copied and produced. During the inspection and
23 before the designation, all of the material made available for inspection shall be
24 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
25 documents it wants copied and produced, the Producing Party must determine which
26 documents, or portions thereof, qualify for protection under this Order. Then, before
27 producing the specified documents, the Producing Party must affix the
28 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
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STIPULATED PROTECTIVE ORDER

1 portion or portions of the material on a page qualifies for protection, the Producing
2 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
3 markings in the margins). A party may mark the entirety of a document as
4 “CONFIDENTIAL,” rather than individual parts, where the burden of designating
5 only certain parts outweighs the benefit.
6

(b)

for testimony given in depositions that the Designating Party identify

7 the Disclosure or Discovery Material on the record, before the close of the
8 deposition all protected testimony.
9

(c)

for information produced in some form other than documentary and for

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11 exterior of the container or containers in which the information is stored the legend
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10 any other tangible items, that the Producing Party affix in a prominent place on the

12 “CONFIDENTIAL.” If only a portion or portions of the information warrants
13 protection, the Producing Party, to the extent practicable, shall identify the protected
14 portion(s).
15

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

16 failure to designate qualified information or items does not, standing alone, waive
17 the Designating Party’s right to secure protection under this Order for such material.
18 Upon timely correction of a designation, the Receiving Party must make reasonable
19 efforts to assure that the material is treated in accordance with the provisions of this
20 Order.
21 6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

22

6.1

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

23 designation of confidentiality at any time that is consistent with the Court’s
24 Scheduling Order.
25

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

26 resolution process under Local Rule 37.1 et seq.
27

6.3

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

28 the Designating Party. Frivolous challenges, and those made for an improper
1582435.1 05953-047

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STIPULATED PROTECTIVE ORDER

1 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
2 parties) may expose the Challenging Party to sanctions. Unless the Designating
3 Party has waived or withdrawn the confidentiality designation, all parties shall
4 continue to afford the material in question the level of protection to which it is
5 entitled under the Producing Party’s designation until the Court rules on the
6 challenge.
7 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

8

7.1

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

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

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LAWYERS

11 Protected Material may be disclosed only to the categories of persons and under the
707 WILSHIRE BOULEVARD, SUITE 4000

ANDERSON, MCPHARLIN & CONNERS LLP 

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

12 conditions described in this Order. When the Action has been terminated, a
13 Receiving Party must comply with the provisions of section 13 below (FINAL
14 DISPOSITION).
15

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

16 location and in a secure manner that ensures that access is limited to the persons
17 authorized under this Order.
18

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

19 otherwise ordered by the court or permitted in writing by the Designating Party, a
20 Receiving Party may disclose any information or item designated
21 “CONFIDENTIAL” only to:
22

(a)

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

23 as employees of said Outside Counsel of Record to whom it is reasonably necessary
24 to disclose the information for this Action;
25

(b)

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

26 Receiving Party to whom disclosure is reasonably necessary for this Action;
27 / / /
28 / / /
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STIPULATED PROTECTIVE ORDER

1

(c)

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

2 disclosure is reasonably necessary for this Action and who have signed the
3 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
4

(d)

the court and its personnel;

5

(e)

court reporters and their staff;

6

(f)

professional jury or trial consultants, mock jurors, and Professional

7 Vendors to whom disclosure is reasonably necessary for this Action and who have
8 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9

(g)

the author or recipient of a document containing the information or a

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

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

12 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
13 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
14 not be permitted to keep any confidential information unless they sign the
15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
16 agreed by the Designating Party or ordered by the court. Pages of transcribed
17 deposition testimony or exhibits to depositions that reveal Protected Material may
18 be separately bound by the court reporter and may not be disclosed to anyone except
19 as permitted under this Stipulated Protective Order; and
20

(i)

any mediator or settlement officer, and their supporting personnel,

21 mutually agreed upon by any of the parties engaged in settlement discussions.
22 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

23

PRODUCED IN OTHER LITIGATION

24

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

25 that compels disclosure of any information or items designated in this Action as
26 “CONFIDENTIAL,” that Party must:
27

(a)

promptly notify in writing the Designating Party. Such notification

28 shall include a copy of the subpoena or court order;
1582435.1 05953-047

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STIPULATED PROTECTIVE ORDER

1

(b)

promptly notify in writing the party who caused the subpoena or order

2 to issue in the other litigation that some or all of the material covered by the
3 subpoena or order is subject to this Protective Order. Such notification shall include
4 a copy of this Stipulated Protective Order; and
5

(c)

cooperate with respect to all reasonable procedures sought to be

6 pursued by the Designating Party whose Protected Material may be affected.
7

If the Designating Party timely seeks a protective order, the Party served with

8 the subpoena or court order shall not produce any information designated in this
9 action as “CONFIDENTIAL” before a determination by the court from which the

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11 permission. The Designating Party shall bear the burden and expense of seeking
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10 subpoena or order issued, unless the Party has obtained the Designating Party’s

12 protection in that court of its confidential material and nothing in these provisions
13 should be construed as authorizing or encouraging a Receiving Party in this Action
14 to disobey a lawful directive from another court.
15 9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

16

PRODUCED IN THIS LITIGATION

17

(a)

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

18 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
19 produced by Non-Parties in connection with this litigation is protected by the
20 remedies and relief provided by this Order. Nothing in these provisions should be
21 construed as prohibiting a Non-Party from seeking additional protections.
22

(b)

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

23 produce a Non-Party’s confidential information in its possession, and the Party is
24 subject to an agreement with the Non-Party not to produce the Non-Party’s
25 confidential information, then the Party shall:
26

(1)

promptly notify in writing the Requesting Party and the Non-Party that

27 some or all of the information requested is subject to a confidentiality agreement
28 with a Non-Party;
1582435.1 05953-047

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STIPULATED PROTECTIVE ORDER

1

(2)

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

2 Protective Order in this Action, the relevant discovery request(s), and a reasonably
3 specific description of the information requested; and
4

(3)

make the information requested available for inspection by the Non-

5 Party, if requested.
6

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

7 days of receiving the notice and accompanying information, the Receiving Party
8 may produce the Non-Party’s confidential information responsive to the discovery
9 request. If the Non-Party timely seeks a protective order, the Receiving Party shall

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11 confidentiality agreement with the Non-Party before a determination by the court.
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10 not produce any information in its possession or control that is subject to the

12 Absent a court order to the contrary, the Non-Party shall bear the burden and
13 expense of seeking protection in this court of its Protected Material.
14 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

15

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

16 Protected Material to any person or in any circumstance not authorized under this
17 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
18 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
19 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
20 persons to whom unauthorized disclosures were made of all the terms of this Order,
21 and (d) request such person or persons to execute the “Acknowledgment and
22 Agreement to Be Bound” that is attached hereto as Exhibit A.
23 11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

24

PROTECTED MATERIAL

25

When a Producing Party gives notice to Receiving Parties that certain

26 inadvertently produced material is subject to a claim of privilege or other protection,
27 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
28 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
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STIPULATED PROTECTIVE ORDER

1 may be established in an e-discovery order that provides for production without
2 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
3 as the parties reach an agreement on the effect of disclosure of a communication or
4 information covered by the attorney-client privilege or work product protection, the
5 parties may incorporate their agreement in the stipulated protective order submitted
6 to the court.
7 12.

MISCELLANEOUS

8

12.1 Right to Further Relief. Nothing in this Order abridges the right of any

9 person to seek its modification by the Court in the future.
12.2 Right to Assert Other Objections. By stipulating to the entry of this

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11 Protective Order no Party waives any right it otherwise would have to object to
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10

12 disclosing or producing any information or item on any ground not addressed in this
13 Stipulated Protective Order. Similarly, no Party waives any right to object on any
14 ground to use in evidence of any of the material covered by this Protective Order.
15

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

16 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
17 only be filed under seal pursuant to a court order authorizing the sealing of the
18 specific Protected Material at issue. If a Party's request to file Protected Material
19 under seal is denied by the court, then the Receiving Party may file the information
20 in the public record and will use best efforts to limit production or filing of
21 Protected Material, unless otherwise instructed by the court.
22 13.

FINAL DISPOSITION

23

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

24 days of a written request by the Designating Party, each Receiving Party must return
25 all Protected Material to the Producing Party or destroy such material. As used in
26 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
27 summaries, and any other format reproducing or capturing any of the Protected
28 Material. Whether the Protected Material is returned or destroyed, the Receiving
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STIPULATED PROTECTIVE ORDER

1 Party must submit a written certification to the Producing Party (and, if not the same
2 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
3 (by category, where appropriate) all the Protected Material that was returned or
4 destroyed and (2)affirms that the Receiving Party has not retained any copies,
5 abstracts, compilations, summaries or any other format reproducing or capturing any
6 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
7 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
8 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
9 reports, attorney work product, and consultant and expert work product, even if such

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11 constitute Protected Material remain subject to this Protective Order as set forth in
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10 materials contain Protected Material. Any such archival copies that contain or

12 Section 4 (DURATION).
13 //
14 //
15 //
16 //
17 //
18 //
19 //
20 //
21 //
22 //
23 //
24 //
25 //
26 //
27 //
28 //

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STIPULATED PROTECTIVE ORDER

1

14.

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

2 measures including, without limitation, contempt proceedings and/or monetary
3 sanctions.
4

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

5 DATED: February 28, 2017 KILPATRICK TOWNSEND & STOCKTON, LLP
6
7
By: /s/ Heather W. Habes
Mary Craig Calkins
Daniel H. Rylaarsdam
Heather W. Habes
Attorneys for Attorneys for Plaintiffs INSCO
INSURANCE SERVICES, INC. and
DEVELOPERS SURETY AND INDEMNITY
COMPANY

8
9

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10

12
13
14

DATED: February 28 , 2017 ANDERSON, McPHARLIN & CONNERS LLP

15
16
17
18
19

By: /s/ Mark J. Krone
Gary J. Valeriano
Mark J. Krone
Attorneys for FEDERAL INSURANCE
COMPANY

20 Pursuant to Local Rule 5-4.3.4(a)(2)(i), I hereby attest, under penalty of perjury, that
21 Heather W. Habes concurs in this filing’s content and has authorized me to file this
22 document.
23

/s/ Mark J. Krone

24
25 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
26
27 DATED: March 01, 2017
28
1582435.1 05953-047

Karen E. Scott
United States Magistrate Judge
14

STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

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

4 ____________________________ [print or type full address], declare under penalty
5 of perjury that I have read in its entirety and understand the Stipulated Protective
6 Order that was issued by the United States District Court for the Central District of
7 California on [date] in the case of Insco Insurance Services, Inc., et al., v. Federal
8 Insurance Company, United States District Court for the Central District Of
9 California, Case No. SACV15-01702 DOC (KESx). I agree to comply with and to

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11 acknowledge that failure to so comply could expose me to sanctions and punishment
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10 be bound by all the terms of this Stipulated Protective Order and I understand and

12 in the nature of contempt. I solemnly promise that I will not disclose in any manner
13 any information or item that is subject to this Stipulated Protective Order to any
14 person or entity except in strict compliance with the provisions of this Order.
15

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

16 for the Central District of California for the purpose of enforcing the terms of this
17 Stipulated Protective Order, even if such enforcement proceedings occur after
18 termination of this action. I hereby appoint ____________________________ [print
19 or type full name] of _______________________________________ [print or type
20 full address and telephone number] as my California agent for service of process in
21 connection with this action or any proceedings related to enforcement of this
22 Stipulated Protective Order.
23 Date:
24 City and State where sworn and signed:
25 Printed name:
26
27 Signature:
28

1582435.1 05953-047

15

STIPULATED PROTECTIVE ORDER