Live Face on Web, LLC v. Catron

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/2017 ORDERING that the Stipulated Protective order is APPROVED. (Reader, L)

5

Angelo Mishriki, Esq. (Bar No. 305069)
[e-mail]
NEXIO, PC
245 Fischer Avenue
Suite C3
Costa Mesa, CA 92626
Phone:
[phone]
Facsimile: [phone]

6

Live Face On Web, LLC

1
2
3
4

Attorneys for Plaintiff,

7
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

LIVE FACE ON WEB, LLC,
A Pennsylvania limited liability company,

Case No. 2:16-cv-01507-MCE-KJN
Hon. Morrison C. England Jr.

13
14

Plaintiff,

STIPULATION AND ORDER RE:
PROTECTIVE ORDER

vs.

15
16
17

ROBERT CATRON, et al.,
Defendants.

18
19
20

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, Plaintiff Live Face

21

on Web, LLC (“Plaintiff” or “LFOW”), and Defendant Robert Catron (“Defendant”),

22

through counsel undersigned, jointly submit this Stipulated Protective Order to govern the

23

handling of information and materials produced in the course of discovery or filed with the

24

Court in this action;

25

1. PURPOSES AND LIMITATIONS.

26

1.1. Purpose and Limitations. Disclosure and discovery activity in this action are likely

27

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

28

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

PROTECTIVE ORDER

1

prosecuting this litigation may be warranted. Accordingly, the parties hereby

2

stipulate to and petition the court to enter the following Stipulated Protective Order.

3

The parties acknowledge that this Order does not confer blanket protections on all

4

disclosures or responses to discovery and that the protection it affords from public

5

disclosure and use extends only to the limited information or items that are entitled

6

to confidential treatment under the applicable legal principles. The parties further

7

acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective

8

Order does not entitle them to file confidential information under seal; Civil Local

9

Rule 141 sets forth the procedures that must be followed and the standards that will

10

be applied when a party seeks permission from the court to file material under seal.

11
12

2. DEFINITIONS.

13

2.1. Action: The above captioned federal lawsuit.

14

2.2. “ATTORNEYS’ EYES ONLY” Information or Items: extremely sensitive

15

“Confidential Information or Items,” disclosure of which to another Party or Non-

16

Party would create a substantial risk of serious harm that could not be avoided by

17

less restrictive means.
2.3. Challenging Party: a Party or Non-Party that challenges the designation of

18

information or items under this Order.

19

2.4. “CONFIDENTIAL” Information or Items: information (regardless of how it is

20
21

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

22

Federal Rule of Civil Procedure 26(c).
2.5. Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well

23

as their support staff).

24
25

2.6. Designating Party: a Party or Non-Party that designates information or items that it

26

produces in disclosures or in responses to discovery as “CONFIDENTIAL” or

27

“ATTORNEYS’ EYES ONLY”.

28
2
PROTECTIVE ORDER
1

2.7. Disclosure or Discovery Material: all items or information, regardless of the

1
2

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

3

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

4

generated in disclosures or responses to discovery in this matter.

5

2.8. Expert: a person with specialized knowledge or experience in a matter pertinent to

6

the litigation who (1) has been retained by a Party or its counsel to serve as an

7

expert witness or as a consultant in this action, (2) is not a past or current employee

8

of a Party or of a Party’s competitor, and (3) at the time of retention, is not

9

anticipated to become an employee of a Party or of a Party’s competitor.

10

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

11

Counsel does not include Outside Counsel of Record or any other outside counsel.

12

2.10. Non-Party: any natural person, partnership, corporation, association, or other legal
entity not named as a Party to this action.

13

2.11. Outside Counsel of Record: attorneys who are not employees of a party to this

14
15

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

16

in this action on behalf of that party or are affiliated with a law firm which has

17

appeared on behalf of that party.

18

2.12. Party: any party to this action, including all of its officers, directors, employees,

19

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

20

staffs).
2.13. Producing Party: a Party or Non-Party that produces Disclosure or Discovery

21

Material in this action.

22

2.14. Professional Vendors: persons or entities that provide litigation support services

23
24

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

25

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

26

employees and subcontractors.
2.15. Protected Material: any Disclosure or Discovery Material that is designated as

27

“CONFIDENTIAL,” or as “ATTORNEYS’ EYES ONLY.”

28

3
PROTECTIVE ORDER
1

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

1

Producing Party.

2
3
4

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

5

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

6

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

7

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

8

their Counsel that might reveal Protected Material. Any use of Protected Material at

9

trial shall be governed by the orders of a trial judge. This Order does not govern the use

10

of Protected Material at trial.

11

3.1. Exclusions. The protections conferred by this Stipulation and Order do not cover the

12

following information: (a) any information that is in the public domain at the time of

13

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

14

disclosure to a Receiving Party as a result of publication not involving a violation of

15

this Order, including becoming part of the public record through trial or otherwise;

16

(b) any information known to the Receiving Party prior to the disclosure or obtained

17

by the Receiving Party after the disclosure from a source who obtained the

18

information lawfully and under no obligation of confidentiality to the Designating

19

Party; and (c) any Protected Material that is disclosed at trial that was not afforded

20

protection by the trial judge.

21
22

4. DURATION. Consistent with the exclusions set forth in Section 3.1, even after final

23

disposition of this litigation, the confidentiality obligations imposed by this Order shall

24

remain in effect until a Designating Party agrees otherwise in writing or a court order

25

otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all

26

claims and defenses in this action, with or without prejudice; and (2) final judgment

27

herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or

28
4
PROTECTIVE ORDER
1

1

reviews of this action, including the time limits for filing any motions or applications for

2

extension of time pursuant to applicable law.

3
4

5. DESIGNATING PROTECTED MATERIAL.

5

5.1. Exercise of Restraint and Care in Designating Material for Protection. Each Party or

6

Non-Party that designates information or items for protection under this Order must

7

take care to limit any such designation to specific material that qualifies under the

8

appropriate standards. To the extent it is practical to do so, the Designating Party

9

must designate for protection only those parts of material, documents, items, or oral

10

or written communications that qualify – so that other portions of the material,

11

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

12

swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or

13

routinized designations are prohibited. Designations that are shown to be clearly

14

unjustified or that have been made for an improper purpose (e.g., to unnecessarily

15

encumber or retard the case development process or to impose unnecessary

16

expenses and burdens on other parties) expose the Designating Party to sanctions. If

17

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

18

designated for protection do not qualify for protection at all or do not qualify for the

19

level of protection initially asserted, that Designating Party must promptly notify all

20

other parties that it is withdrawing the mistaken/inapplicable designation.

21

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

22

(see, e.g., second paragraph of section 5.2.1 below), or as otherwise stipulated or

23

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

24

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

25

Designation in conformity with this Order requires:

26

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

27

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

28

proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or
5
PROTECTIVE ORDER
1

1

“ATTORNEYS’ EYES ONLY” to each page that contains protected material. If

2

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

3

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

4

making appropriate markings in the margins) and must specify, for each portion,

5

the level of protection being asserted.
5.2.2. Originals: A Party or Non-Party that makes original documents or materials

6
7

available for inspection need not designate them for protection until after the

8

inspecting Party has indicated which material it would like copied and produced.

9

During the inspection and before the designation, all of the material made

10

available for inspection shall be deemed “ATTORNEYS’ EYES ONLY.” After

11

the inspecting Party has identified the documents it wants copied and produced,

12

the Producing Party must determine which documents, or portions thereof,

13

qualify for protection under this Order. Then, before producing the specified

14

documents, the Producing Party must affix the appropriate legend

15

(“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY”) to each page that

16

contains Protected Material. If only a portion or portions of the material on a

17

page qualifies for protection, the Producing Party also must clearly identify the

18

protected portion(s) (e.g., by making appropriate markings in the margins) and

19

must specify, for each portion, the level of protection being asserted.

20

5.2.3. Testimony: for testimony given in deposition that the Designating Party

21

identify on the record, before the close of the deposition, all protected testimony

22

and specify the level of protection being asserted. When it is impractical to

23

identify separately each portion of testimony that is entitled to protection and it

24

appears that substantial portions of the testimony may qualify for protection, the

25

Designating Party may invoke on the record (before the deposition, hearing, or

26

other proceeding is concluded) a right to have up to 21 days to identify the

27

specific portions of the testimony as to which protection is sought and to specify

28

the level of protection being asserted. Only those portions of the testimony that
6
PROTECTIVE ORDER
1

1

are appropriately designated for protection within the 21 days shall be covered

2

by the provisions of this Stipulated Protective Order.
5.2.4. Other items: for information produced in some form other than documentary

3
4

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

5

place on the exterior of the container or containers in which the information or

6

item is stored the legend “CONFIDENTIAL” or “ATTORNEYS’ EYES

7

ONLY”. If only a portion or portions of the information or item warrant

8

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

9

protected portion(s) and specify the level of protection being asserted.
5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

10
11

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

12

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

13

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

14

efforts to assure that the material is treated in accordance with the provisions of this

15

Order.

16
17

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS.

18

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

19

confidentiality at any time that is consistent with the Court’s scheduling Order.

20

Unless a prompt challenge to a Designating Party’s confidentiality designation is

21

necessary to avoid foreseeable, substantial unfairness, unnecessary economic

22

burdens, or a significant disruption or delay of the litigation, a Party does not waive

23

its right to challenge a confidentiality designation by electing not to mount a

24

challenge promptly after the original designation is disclosed
6.2. Meet and Confer. The Challenging Party shall initiate the dispute resolution process

25
26

by providing written notice of each designation it is challenging and describing the

27

basis for each challenge. To avoid ambiguity as to whether a challenge has been

28

made, the written notice must recite that the challenge to confidentiality is being
7
PROTECTIVE ORDER
1

1

made in accordance with this specific paragraph of the Protective Order. The parties

2

shall attempt to resolve each challenge in good faith and must begin the process by

3

conferring directly (in voice to voice dialogue; other forms of communication are

4

not sufficient) within 14 days of the date of service of notice. In conferring, the

5

Challenging Party must explain the basis for its belief that the confidentiality

6

designation was not proper and must give the Designating Party an opportunity to

7

review the designated material, to reconsider the circumstances, and, if no change in

8

designation is offered, to explain the basis for the chosen designation. A

9

Challenging Party may proceed to the next stage of the challenge process only if it

10

has engaged in this meet and confer process first or establishes that the Designating

11

Party is unwilling to participate in the meet and confer process in a timely manner.
6.3. Judicial Intervention. If the Parties cannot resolve a challenge without court

12
13

intervention, the Designating Party shall file and serve a motion to retain

14

confidentiality under Civil Local Rules 140, 230, 251 (and in compliance with Civil

15

Local Rule 141, if applicable) within 21 days of the initial notice of challenge or

16

within 14 days of the parties agreeing that the meet and confer process will not

17

resolve their dispute, whichever is earlier. Each such motion must be accompanied

18

by a competent declaration affirming that the movant has complied with the meet

19

and confer requirements imposed in the preceding paragraph. Failure by the

20

Designating Party to make such a motion including the required declaration within

21

21 days (or 14 days, if applicable) shall automatically waive the confidentiality

22

designation for each challenged designation. In addition, the Challenging Party may

23

file a motion challenging a confidentiality designation at any time if there is good

24

cause for doing so, including a challenge to the designation of a deposition transcript

25

or any portions thereof. Any motion brought pursuant to this provision must be

26

accompanied by a competent declaration affirming that the movant has complied

27

with the meet and confer requirements imposed by the preceding paragraph.

28
8
PROTECTIVE ORDER
1

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

1
2

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

3

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

4

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

5

the confidentiality designation by failing to file a motion to retain confidentiality as

6

described above, all parties shall continue to afford the material in question the level

7

of protection to which it is entitled under the Producing Party’s designation until the

8

court rules on the challenge.

9
10

7. ACCESS TO AND USE OF PROTECTED MATERIAL.
7.1. Basic Principles. A Receiving Party may use Protected Material that is disclosed or

11
12

produced by another Party or by a Non-Party in connection with this case only for

13

prosecuting, defending, or attempting to settle this litigation. Such Protected

14

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

15

described in this Order. When the litigation has been terminated, a Receiving Party

16

must comply with the provisions of section 13 below (FINAL DISPOSITION).
7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered

17
18

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

19

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

20

7.2.1. the Receiving Party’s Outside Counsel of Record in this action, as well as

21

employees, agents, and independent contractors of said Outside Counsel of

22

Record to whom it is reasonably necessary to disclose the information for this

23

Action;
7.2.2. the officers, directors, and employees (including House Counsel) of the

24
25

Receiving Party to whom disclosure is reasonably necessary for this litigation

26

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

27

(Exhibit A);

28
9
PROTECTIVE ORDER
1

7.2.3. Experts (as defined in this Order) of the Receiving Party, as well as

1
2

employees, agents, and independent contractors of said experts, to whom

3

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

4

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

5

7.2.4. the court and its personnel;

6

7.2.5. court reporters and their staff;

7

7.2.6. professional jury or trial consultants, and Professional Vendors to whom

8

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

9

“Acknowledgment and Agreement to Be Bound” (Exhibit A);
7.2.7. the author or recipient of a document containing the information or a custodian

10
11

or other person who otherwise possessed or knew the information;

12

7.2.8. during their depositions, witnesses in the action to whom disclosure is

13

reasonably necessary and who have signed the “Acknowledgment and

14

Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the

15

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

16

testimony or exhibits to depositions that reveal Protected Material must be

17

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

18

except as permitted under this Stipulated Protective Order; and
7.2.9. Any mediator or settlement officer, and their supporting personnel, mutually

19

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

20

7.3. Disclosure of “ATTORNEYS’ EYES ONLY” Information or Items. Unless

21
22

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

23

Receiving Party may disclose any information or item designated “ATTORNEYS’

24

EYES ONLY” only to:

25

7.3.1. the Receiving Party’s Outside Counsel of Record in this action, as well as

26

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

27

necessary to disclose the information for this Action;

28
10
PROTECTIVE ORDER
1

7.3.2. Experts of the Receiving Party (1) to whom disclosure is reasonably necessary

1
2

for this litigation, and (2) who have signed the “Acknowledgment and

3

Agreement to Be Bound” (Exhibit A) as well as employees and agents of said

4

Experts, provided that said employees and agents sign the “Acknowledgement

5

and Agreement to Be Bound” (Exhibit A);

6

7.3.3. the court and its personnel;

7

7.3.4. court reporters and their staff;

8

7.3.5. professional jury or trial consultants, and Professional Vendors to whom
disclosure is reasonably necessary for this litigation and who have signed the

9

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

10

7.3.6. the author or recipient of a document containing the information or a custodian

11

or other person who otherwise possessed or knew the information; and

12

7.3.7. Any mediator or settlement officer, and their supporting personnel, mutually

13

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

14
15
16

8. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
THIS LITIGATION.

17
18

8.1. The terms of this Order are applicable to information produced by a Non-Party in

19

this action and designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES

20

ONLY”. Such information produced by Non-Parties in connection with this

21

litigation is protected by the remedies and relief provided by this Order. Nothing in

22

these provisions should be construed as prohibiting a Non-Party from seeking

23

additional protections.

24

8.2. In the event that a Party is required, by a valid discovery request, to produce a Non-

25

Party’s confidential information in its possession, and the Party is subject to an

26

agreement with the Non-Party not to produce the Non-Party’s confidential

27

information, then the Party shall: (a) promptly notify in writing the Requesting Party

28

and the Non-Party that some or all of the information requested is subject to a
11
PROTECTIVE ORDER
1

1

confidentiality agreement with a Non-Party; (b) promptly provide the Non-Party

2

with a copy of the Stipulated Protective Order in this litigation, the relevant

3

discovery request(s), and a reasonably specific description of the information

4

requested; and (c) make the information requested available for inspection by the

5

Non-Party.
8.3. If the Non-Party fails to object or seek a protective order from this court within 5

6
7

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

8

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

9

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

10

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

11

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

12

court. 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

9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. If a Receiving

15

Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to

16

any person or in any circumstance not authorized under this Stipulated Protective Order,

17

the Receiving Party must immediately (a) notify in writing the Designating Party of the

18

unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of

19

the Protected Material, (c) inform the person or persons to whom unauthorized

20

disclosures were made of all the terms of this Order, and (d) request such person or

21

persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached

22

hereto as Exhibit A.

23

10. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

24

PROTECTED MATERIAL. When a Producing Party gives notice to Receiving

25

Parties that certain inadvertently produced material is subject to a claim of privilege or

26

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

27

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

28

procedure may be established in an e-discovery order that provides for production
12
PROTECTIVE ORDER
1

1

without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e),

2

insofar as the parties reach an agreement on the effect of disclosure of a communication

3

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

4

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

5

the court.

6

11. MISCELLANEOUS.
11.1. Right to Further Relief. Nothing in this Order abridges the right of any person to

7

seek its modification by the court in the future.

8

11.2. Right to Assert Other Objections. By stipulating to the entry of this Protective Order

9
10

no Party waives any right it otherwise would have to object to disclosing or

11

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

12

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

13

in evidence of any of the material covered by this Protective Order.
11.3. Filing Protected Material. Without written permission from the Designating Party or

14
15

a court order secured after appropriate notice to all interested persons, a Party may

16

not file in the public record in this action any Protected Material. A Party that seeks

17

to file under seal any Protected Material must comply with Civil Local Rule 141.

18

Protected Material may only be filed under seal pursuant to a court order authorizing

19

the sealing of the specific Protected Material at issue. Pursuant to Civil Local Rule

20

141, a sealing order will issue only upon a request establishing that the Protected

21

Material at issue is privileged, protectable as a trade secret, or otherwise entitled to

22

protection under the law. If a Receiving Party's request to file Protected Material

23

under seal pursuant to Civil Local Rule 141 is denied by the court, then the

24

Receiving Party may file the Protected Material in the public record pursuant to

25

Civil Local Rule 141 unless otherwise instructed by the court.

26
27

12. FINAL DISPOSITION. Within 60 days after the final disposition of this action, as
defined in paragraph 4, each Receiving Party must return all Protected Material to the

28

13
PROTECTIVE ORDER
1

1

Producing Party or destroy such material. As used in this subdivision, “all Protected

2

Material” includes all copies, abstracts, compilations, summaries, and any other format

3

reproducing or capturing any of the Protected Material. Notwithstanding this provision,

4

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

5

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

6

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

7

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

8

that contain or constitute Protected Material remain subject to this Protective Order as

9

set forth in Section 4 (DURATION).

10

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

11

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

12

sanctions.

13
14

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: April 21, 2017
NEXIO, PC

15

By:

16
17
18

/s/ Angelo Mishriki /
Angelo Mishriki,
Attorneys for Plaintiff,
Live Face on Web, LLC

19
20

Dated: April 21, 2017

21

LECLAIRRYAN, LLP
By:

22
23
24

IT IS SO ORDERED.

25

/s/ Chad Mandell /
Chad Mandell
Attorneys for Defendant
Robert Catron

Dated: April 21, 2017

26
27
28
14
PROTECTIVE ORDER
1

ATTACHMENT A

1

I, ____________________ [print or type full name], of _____________________

2
3

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

4

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

5

issued by the United States District Court for the Eastern District of California in the case

6

of Live Face on Web, LLC v. Robert Catron, et al., Case No. 2:16-cv-01507-MCE-KJN. I

7

agree to comply with and to be bound by all the terms of this Stipulated Protective Order

8

and I understand and acknowledge that failure to so comply could expose me to sanctions

9

and punishment in the nature of contempt. I solemnly promise that I will not disclose in any

10

manner any information or item that is subject to this Stipulated Protective Order to any

11

person or entity except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the

12
13

Eastern District of California for the purpose of enforcing the terms of this Stipulated

14

Protective Order, even if such enforcement proceedings occur after termination of this

15

action.

16

I hereby appoint __________________________ [print or type full name] of

17

_______________________________________ [print or type full address and telephone

18

number] as my California agent for service of process in connection with this action or any

19

proceedings related to enforcement of this Stipulated Protective Order.

20
21

Date: _________________________________

22

City and State where sworn and signed: _________________________________

23

Printed name: ______________________________

24
25

Signature: __________________________________

26
27
28
15
PROTECTIVE ORDER
1