Rough v. Costco Wholesale Corporation

Filing 38

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Deborah Barnes on 11/17/2020. (Huang, H)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 SEYFARTH SHAW LLP David D. Kadue (SBN 113578) David D. Jacobson (SBN 143369) Jinouth D. Vasquez Santos (SBN 299056) 2029 Century Park East, Suite 3500 Los Angeles, California 90067-3021 Telephone: (310) 277-7200 Facsimile: (310) 201-5219 Attorneys for Defendant COSTCO WHOLESALE CORPORATION GRAHAMHOLLIS APC Graham S.P. Hollis (SBN 120577) Nathan Reese (SBN 283150) 3555 Fifth Avenue, Suite 200 San Diego, California 92103 Telephone: 619.692.0800 Facsimile: 619.692.0822 Attorneys for Plaintiff MEGAN ROUGH 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 19 MEGAN ROUGH, individually and on behalf of all similarly situated current and former employees of DEFENDANTS in the State of California, 20 Plaintiff, 21 22 23 v. COSTCO WHOLESALE CORPORATION, a Delaware Corporation, and DOES 1-50, inclusive, 24 Defendant. 25 26 27 28 65395729v.1 No. 2:19-cv-01340-MCE-DB STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1 1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of 2 3 confidential, proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 5 the parties hereby stipulate to and petition the court to enter the following Stipulated Protective 6 Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures 7 or responses to discovery and that the protection it affords from public disclosure and use extends 8 only to the limited information or items that are entitled to confidential treatment under the 9 applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that 10 this Stipulated Protective Order does not entitle them to file confidential information under seal; 11 Civil Local Rule 141 sets forth the procedures that must be followed and the standards that will be 12 applied when a party seeks permission from the court to file material under seal. 13 2. DEFINITIONS 14 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or 15 items under this Order. 16 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 17 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 18 Civil Procedure 26(c). 19 20 21 22 23 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium 24 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 25 transcripts, and tangible things), that are produced or generated in disclosures or responses to 26 discovery in this matter. 27 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 28 2 65395729v.1 1 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 2 consultant in this action. 2.7 3 4 Counsel does not include Outside Counsel of Record or any other outside counsel. 2.8 5 6 House Counsel: attorneys who are employees of a party to this action. House Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.9 7 Outside Counsel of Record: attorneys who are not employees of a party to this action 8 but are retained to represent or advise a party to this action and have appeared in this action on 9 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 2.10 10 11 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2.11 12 13 Party: any party to this action, including all of its officers, directors, employees, Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 2.12 14 Professional Vendors: persons or entities that provide litigation support services 15 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 16 storing, or retrieving data in any form or medium) and their employees and subcontractors. 2.13 17 18 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.14 19 Receiving Party: a Party that receives Disclosure or Discovery Material from a 20 Producing Party. 21 3. SCOPE 22 The protections conferred by this Stipulation and Order cover not only Protected Material (as 23 defined above), but also (1) any information copied or extracted from Protected Material; (2) all 24 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 25 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 26 However, the protections conferred by this Stipulation and Order do not cover the following 27 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 28 3 65395729v.1 1 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 2 publication not involving a violation of this Order, including becoming part of the public record 3 through trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure 4 or obtained by the Receiving Party after the disclosure from a source who obtained the information 5 lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected 6 Material at trial shall be governed by a separate agreement or order. 7 4. DURATION 8 Even after final disposition of this litigation, the confidentiality obligations imposed by this 9 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 10 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 11 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 12 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time 13 limits for filing any motions or applications for extension of time pursuant to applicable law. 14 5. 15 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 16 Non-Party that designates information or items for protection under this Order must take care to limit 17 any such designation to specific material that qualifies under the appropriate standards. The 18 Designating Party must designate for protection only those parts of material, documents, items, or oral 19 or written communications that qualify – so that other portions of the material, documents, items, or 20 communications for which protection is not warranted are not swept unjustifiably within the ambit of 21 this Order. 22 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 23 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 24 encumber or retard the case development process or to impose unnecessary expenses and burdens on 25 other parties) expose the Designating Party to sanctions. 26 If it comes to a Designating Party’s attention that information or items that it designated for protection 27 do not qualify for protection, that Designating Party must promptly notify all other Parties that it is 28 4 65395729v.1 1 2 withdrawing the mistaken designation. 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, 3 e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or 4 Discovery Material that qualifies for protection under this Order must be clearly so designated before 5 the material is disclosed or produced. 6 Designation in conformity with this Order requires: (a) 7 for information in documentary form (e.g., paper or electronic documents, but 8 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 9 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 10 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 11 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 12 A Party or Non-Party that makes original documents or materials available for inspection need not 13 designate them for protection until after the inspecting Party has indicated which material it would 14 like copied and produced. During the inspection and before the designation, all of the material made 15 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified 16 the documents it wants copied and produced, the Producing Party must determine which documents, 17 or portions thereof, qualify for protection under this Order. Then, before producing the specified 18 documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page that contains 19 Protected Material. If only a portion or portions of the material on a page qualifies for protection, the 20 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 21 markings in the margins). 22 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 23 Designating Party identify on the record, before the close of the deposition, hearing, or other 24 proceeding, all protected testimony. 25 (c) for information produced in some form other than documentary and for any other 26 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 27 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a portion 28 5 65395729v.1 1 or portions of the information or item warrant protection, the Producing Party, to the extent practicable, 2 shall identify the protected portion(s). 5.3 3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 4 designate qualified information or items does not, standing alone, waive the Designating Party’s right 5 to secure protection under this Order for such material. Upon timely correction of a designation, the 6 Receiving Party must make reasonable efforts to assure that the material is treated in accordance with 7 the provisions of this Order. 8 6. 9 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 10 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 11 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, 12 or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a 13 confidentiality designation by electing not to mount a challenge promptly after the original designation 14 is disclosed. 15 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 16 by providing written notice of each designation it is challenging and describing the basis for each 17 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must recite 18 that the challenge to confidentiality is being made in accordance with this specific paragraph of the 19 Protective Order. The parties shall attempt to resolve each challenge in good faith and must begin the 20 process by conferring directly (in voice to voice dialogue; other forms of communication are not 21 sufficient) within 14 days of the date of service of notice. In conferring, the Challenging Party must 22 explain the basis for its belief that the confidentiality designation was not proper and must give the 23 Designating Party an opportunity to review the designated material, to reconsider the circumstances, 24 and, if no change in designation is offered, to explain the basis for the chosen designation. A 25 Challenging Party may proceed to the next stage of the challenge process only if it has engaged in this 26 meet and confer process first or establishes that the Designating Party is unwilling to participate in the 27 meet and confer process in a timely manner. 28 6 65395729v.1 6.3 1 Judicial Intervention. If the Parties cannot resolve a challenge without court 2 intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil 3 Local Rule 230 within 21 days of the initial notice of challenge or within 14 days of the parties agreeing 4 that the meet and confer process will not resolve their dispute, whichever is earlier. Each such motion 5 must be accompanied by a competent declaration affirming that the movant has complied with the 6 meet and confer requirements imposed in the preceding paragraph. Failure by the Designating Party 7 to make such a motion including the required declaration within 21 days (or 14 days, if applicable) 8 shall automatically waive the confidentiality designation for each challenged designation. In addition, 9 the Challenging Party may file a motion challenging a confidentiality designation at any time if there 10 is good cause for doing so, including a challenge to the designation of a deposition transcript or any 11 portions thereof. Any motion brought pursuant to this provision must be accompanied by a competent 12 declaration affirming that the movant has complied with the meet and confer requirements imposed 13 by the preceding paragraph. 14 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. 15 Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary 16 expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the 17 Designating Party has waived the confidentiality designation by failing to file a motion to retain 18 confidentiality as described above, all parties shall continue to afford the material in question the level 19 of protection to which it is entitled under the Producing Party’s designation until the court rules on the 20 challenge. 21 7. 22 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 23 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 24 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to the 25 categories of persons and under the conditions described in this Order. When the litigation has been 26 terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 27 DISPOSITION). 28 7 65395729v.1 1 2 3 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by 4 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 5 information or item designated “CONFIDENTIAL” only to: 6 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 7 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for 8 this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is 9 attached hereto as Exhibit A; 10 (b) the officers, directors, and employees of the Receiving Party to whom disclosure is 11 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to 12 Be Bound” (Exhibit A); 13 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 14 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to 15 Be Bound” (Exhibit A); 16 (d) the court and its personnel; 17 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 18 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 21 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 22 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 23 deposition testimony or exhibits to depositions that reveal Protected Material must be separately bound 24 by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated 25 Protective Order. (g) the author or recipient of a document containing the information or a custodian or other 26 27 person who otherwise possessed or knew the information. 28 8 65395729v.1 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 2 LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation that compels 4 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 5 must: (a) promptly notify in writing the Designating Party. Such notification shall include a copy 6 7 of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 9 other litigation that some or all of the material covered by the subpoena or order is subject to this 10 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued by the 11 12 Designating Party whose Protected Material may be affected. 13 If the Designating Party timely seeks a protective order, the Party served with the subpoena or 14 court order shall not produce any information designated in this action as “CONFIDENTIAL” before 15 a determination by the court from which the subpoena or order issued, unless the Party has obtained 16 the Designating Party’s permission. The Designating Party shall bear the burden and expense of 17 seeking protection in that court of its confidential material – and nothing in these provisions should be 18 construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive 19 from another court. 20 9. 21 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 22 (a) The terms of this Order are applicable to information produced by a Non-Party in this 23 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 24 connection with this litigation is protected by the remedies and relief provided by this Order. Nothing 25 in these provisions should be construed as prohibiting a Non-Party from seeking additional 26 protections. (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 27 28 9 65395729v.1 1 Party’s confidential information in its possession, and the Party is subject to an agreement with the 2 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party that some or all 3 4 of the information requested is subject to a confidentiality agreement with a Non-Party; 5 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in 6 this litigation, the relevant discovery request(s), and a reasonably specific description of the 7 information requested; and (3) make the information requested available for inspection by the Non-Party. 8 9 (c) If the Non-Party fails to object or seek a protective order from this court within 14 days 10 of receiving the notice and accompanying information, the Receiving Party may produce the Non- 11 Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a 12 protective order, the Receiving Party shall not produce any information in its possession or control 13 that is subject to the confidentiality agreement with the Non-Party before a determination by the court. 14 Absent a court order to the contrary, the Non-Party shall bear the burden and expense of seeking 15 protection in this court of its Protected Material. 16 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 17 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 18 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 19 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 20 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 21 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 22 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be 23 Bound” that is attached hereto as Exhibit A. 24 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 25 MATERIAL 26 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced 27 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties 28 10 65395729v.1 1 are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 2 modify whatever procedure may be established in an e-discovery order that provides for production 3 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 4 parties reach an agreement on the effect of disclosure of a communication or information covered by 5 the attorney-client privilege or work product protection, the parties may incorporate their agreement 6 in the stipulated protective order submitted to the court. 7 12. 12.1 8 9 MISCELLANEOUS Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 12.2 10 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 11 no Party waives any right it otherwise would have to object to disclosing or producing any information 12 or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives 13 any right to object on any ground to use in evidence of any of the material covered by this Protective 14 Order. 12.3 15 Filing Protected Material. Without written permission from the Designating Party or a 16 court order secured after appropriate notice to all interested persons, a Party may not file in the public 17 record in this action any Protected Material. A Party that seeks to file under seal any Protected Material 18 must comply with Civil Local Rule 141. Protected Material may only be filed under seal pursuant to 19 a court order authorizing the sealing of the specific Protected Material at issue. If a Receiving Party's 20 request to file Protected Material under seal pursuant to Civil Local Rule 141 is denied by the court, 21 then the Receiving Party may file the information in the public record unless otherwise instructed by 22 the court. 23 13. FINAL DISPOSITION 24 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 25 Receiving Party must return all Protected Material to the Producing Party or destroy such material. As 26 used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 27 summaries, and any other format reproducing or capturing any of the Protected Material. Whether the 28 11 65395729v.1 1 Protected Material is returned or destroyed, the Receiving Party must submit a written certification to 2 the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day 3 deadline that (1) identifies (by category, where appropriate) all the Protected Material that was 4 returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, 5 compilations, summaries or any other format reproducing or capturing any of the Protected Material. 6 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, motion 7 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and 8 trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if 9 such materials contain Protected Material. Any such archival copies that contain or constitute 10 Protected Material remain subject to this Protective Order as set forth in Section 4 (DURATION). 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 13 DATED: October 19, 2020 /s/ Nathan Reese Graham Hollis Vilmarie Cordero Nathan Reese Attorneys for Plaintiff MEGHAN ROUGH DATED: October 19, 2020 /s/ Jinouth Vasquez Santos David D. Kadue David D. Jacobson Jinouth D. Vasquez Santos Attorneys for Defendant Costco Wholesale Corporation. 14 15 16 17 18 19 20 21 22 23 24 ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED. 25 IT IS FURTHER ORDERED THAT: 26 1. Requests to seal documents shall be made by motion before the same judge who will 27 decide the matter related to that request to seal. 28 12 65395729v.1 1 2. The designation of documents (including transcripts of testimony) as confidential 2 pursuant to this order does not automatically entitle the parties to file such a document with the court 3 under seal. Parties are advised that any request to seal documents in this district is governed by 4 Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a written 5 order of the court after a specific request to seal has been made. L.R. 141(a). However, a mere 6 request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires that 7 “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, the 8 requested duration, the identity, by name or category, of persons to be permitted access to the 9 document, and all relevant information.” L.R. 141(b). 10 3. A request to seal material must normally meet the high threshold of showing that 11 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 12 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 13 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana 14 v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 15 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 16 certain documents, at any court hearing or trial – such determinations will only be made by the court 17 at the hearing or trial, or upon an appropriate motion. 18 5. With respect to motions regarding any disputes concerning this protective order which 19 the parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 20 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex parte basis 21 or on shortened time. 22 6. The parties may not modify the terms of this Protective Order without the court’s 23 approval. If the parties agree to a potential modification, they shall submit a stipulation and 24 proposed order for the court’s consideration. 25 26 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement of the terms of this Protective Order after the action is terminated. 27 28 13 65395729v.1 1 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 2 hereby DISAPPROVED. 3 DATED: November 17, 2020 4 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 65395729v.1 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ [print or type 4 full address], declare under penalty of perjury that I have read in its entirety and understand the 5 Stipulated Protective Order that was issued by the United States District Court for the Northern District 6 of California on [date] in the case of Megan Rough v. Costco Wholesale Corporation, Case No. 2:19- 7 cv-01340-MCE-DB. I agree to comply with and to be bound by all the terms of this Stipulated 8 Protective Order and I understand and acknowledge that failure to so comply could expose me to 9 sanctions 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 person or 11 entity except in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the Northern District 13 of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such 14 enforcement proceedings occur after termination of this action. 15 I hereby appoint __________________________ [print or type full name] of 16 _______________________________________ [print or type full address and telephone number] as 17 my California agent for service of process in connection with this action or any proceedings related 18 to enforcement of this Stipulated Protective Order. 19 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________ 22 23 Printed name: _______________________________ 24 25 Signature: __________________________________ 26 27 28 15 65395729v.1

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